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02 25 2009 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, FEBRUARY 25, 2009 TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYERIGONTEMPLATION/REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council Meeting held on February 11, 2009. 7. RECOGNITION OF ACHIEVEMENTS: a) Glenn Melton, correspondence dated February 13, 2009, Letter of Appreciation. b) Harold Daynard, correspondence received January 1, 2009, Letter of Appreciation. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES 2009-04, Jerry Ball, Director of Transportation and Environmental Services, re: Municipal Fleet Review. b) Report No. DS 2009-10, Andria Leigh, Director of Development Services, re: Howard Bloom - 2008-ZBA-16, Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Township of Oro-Medonte (Oro) [Refer to Item 18g)]. 11. REPORTS OF MEMBERS OF COUNCIL: None. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole, meeting held February 18, 2009. b) Minutes of Oro-Medonte Environmental Group Advisors, meeting held on February 19, 2009 [to be distributed at the meeting]. 13. CONSENT AGENDA: a) Nottawasaga Valley Conservation Authority minutes, meeting held on January 9, 2009. Staff Recommendation: Receipt. 14. COMMUNICATIONS: a) Michael Coley, correspondence dated February 6, 2009 re: Unopened Road Allowance, Line 2 North of Moonstone Road West. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: None. 18. BY-LAWS: a) By-Law No. 2009-022 A By-Law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of The Township of Oro-Medonte, and to repeal By-law Nos. 95-85, 99-073, 200$-063. b) By-Law No. 2009-023 A By-Law to Regulate and Prohibit the Sale and Setting Off of Fireworks and to Repeal By-Law No. 2005-135. c} By-Law No. 2009-024 A By-Law for Prohibiting or Regulating Within the Municipality of the Township of Oro-Medonte the Making of Noises Likely to Disturb the Inhabitants of the said Township and to Repeal By-Law Nos. 97-82 and 98-90, 2005-136. d} By-Law No. 2009-025 A By-Law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Tawnship of Ora-Medonte and to Repeal By-law No. 2004-085. e) By-Law Na. 2009-028 A By-Law to amend the zoning provisions which apply to lands within Part of Lot 22, Concession 10, Township of Oro- Medonte by placing a Holding (H} provision to the lands (Johnstone). f) By-Law No. 2009-029 A By-Law to authorize the execution of an agreement between the Township or Ora-Medonte and Jeff and Susan Waring to allow for two dwellings and to repeal By-law No. 2008-132. g} By-Law No. 2009-030 A By-Law to amend the zoning provisions which apply to lands within Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Former Township of Oro, now in the Tawnship of Oro- Medonte, (2008-ZBA-16). 19. CONFIRMATION BY-LAW NO. 2009-027 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT /=T~7T~I~I~I11~~1 COUNCII. MEETING Wednesday, February 25, 2009 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Agnew, correspondence dated February, 2009 re: Comparison of Nottawasaga Valley Conservation Authority (NVCA) /Severn Sound Environmental Association {SSEA) Services and Casts for Severn Sound Watershed Area of C}ro- Medonte. ~ EFF SCOTT February 13, 2009 Taw»ahip of Oro - Medante Via - E-mail Dear Sir or Madam: Cht January 27~ I had reason to contact the Township regarding a watt: problem. This letter is ro advise you of the stellar services we received. Mr. Glen Melton showed up at our address within 10 minutes, diag»oaed the problem had a large backhoe and dump truck dispatched and worked most of the day completing the task at hand and I might add with professionalism. It is »ot after staff receives the proper rccagnition when a job is well done and therefore I would ask that you share our letter with Glen and his swfE Again, thank you for the prompt, ef5cient service that we received, Sincerely, Jeff Scott 26 RED OAK CRE5•SHANTY BAY ONT. LOL 2L0 ? George Street, RR#1 Ore Station, (Jntario LOL 2E0 To Mr. Douglas Irwin Office of the Township ar Ora Mendote Dear Mr. Irwin, During November my wife, Patricia, and I were students in the Computer Class held at your offices. A Mr. Harold Daynard was the instructor of the class. This young man taught the class in a very professional matter. It was a challenging task because we students ranged from some knowledge and skills to none. The class was always completely set up in the council chambers when we arrived. He used power point instruction as well as clear, understandable explanations. When individual students had difficulties he left the front and advised that student an his awn screen. Some of our questions must have been very trying to Harold because he has a deep and complex concept of computing. In these instances his advice to individual students seemed to match that student' s level of computer knowledge. Individualized instruction like that requires insightful communication skills. And a paragon of patience! Harald had one puzzling file among his documents. It was simply BMW. There was absolutely nothing in it. Since he is so competent and skilled perhaps our township should pay him mare so his BMW file would have content. I write this letter to you so that you know that this man's good work is recognized and appreciated. And you might notice that this letter is composed on computer. Thank you, Harold! Sincerely, 4->i Nelson McKay f ;'~: ~, ~ , ~ t~ i ~ ~ .~'- Copies please to - His Warship the Mayor, Harry Hughes Mr. Harold Daynard JAN 0 1 20Q9 ~'~~'~~E~C7NTE -,~,En~,'`~~~-i1P ~Inir~11~11i~a of REPORT ~~~,~~ ~~~~~ Pr~or~~~ Ilr~ritas;c', E~~~itrti,~r l~~tfrrre Report No. To: COUNCIL Prepared By: TES2009-04 Jerry Ball Meeting Date: Subject: Motion # February 25, 2009 Municipal Fleet Review Roll #: R.M.S. File #: voa-3g9s7 RECOMMENDATION(S): Requires ActionCX Far Information Only It is recommended that: 1. THAT Report Na. TES2009-04 be received and adopted. 2. THAT three (3) full-size two wheel drive pick-ups be purchased for the Transportation and Environmental Services Department. 3. THAT two (2} four cylinder compact SUVs be purchased far Development Services. 4. THAT the 2001 Impala pool vehicle be said and replaced with the Ford Taurus currently used by Development Services. 5. THAT the Township of Oro-Medonte fleet vehicle colour be changed from red to white as new vehicles are purchased, with the exception of the Fire and Emergency Services Department. 6. AND THAT a subsequent report on the comprehensive fleet policy will follow in the second quarter. BACKGROUND: Prior to the 2009 budget deliberations, Council requested staff to complete a comprehensive review of all existing municipal vehicles before purchasing further corporate vehicles in 2009. Council also requested that consideration be given to any environmental opportunities regarding greening the fleet and purchasing the correct vehicle type far each department. ANALYSIS: To ensure that the Township fleet is being utilized in accordance with Council's mandate, a comprehensive fleet policy is required. Comprehensive fleet policies include numerous items such as life cycle, purchasing policies, personal use, on-call use, environmental policies such as anti-idling, training, and maintenance policies. Transportation and Environmental Services February 25, 2009 Report No. TES2009-04 Page 1 of 6 ~ f 1 'S ._ ,,.,.. In order to proceed with the ordering of 2009 vehicles, a review of the types of vehicles in use by each department was conducted. Based on the type of work that is required, the equipment that is carried and the comparison to surrounding municipalities, recommendations have been made to purchase new vehicles for each of the listed work groups for 2009. Recommendations on the appropriate fleet policies that should be in place will follow in a subsequent report. Green Options Greening the fleet/environmental options were investigated for consideration within the existing fleet, as well as for the purchase of new vehicles. Considering the use of alternative fuels not only reduces the use of petroleum fuels, but will also reduce the number of tonnes of GHG (Green House Gas) emissions produced. Alternative fuels that could be utilized within the fleet include biodiesel, ethanol, natural gas and propane, and electricity. Biodiesel Biodiesel is a renewable fuel that is made from vegetable ails, animal fat or waste cooking oil. It is used in blends with diesel at various percentages. Most vehicle manufacturers will allow blends up to 5% with no warranty issues, but specific manufacturers should be consulted prior to use of this type of fuel. Municipal fleets have noted an increase in fuel filter changes and concerns with use of Biodiesel in our cold climate. In the winter months, the blend percentage can be decreased to eliminate problems in cold weather. It should be noted that municipalities that use Biodiesel have restricted its use in Fire and Emergency vehicles. The City of Brampton converted all of its Public Works diesel fuelled fleet to Biodiesel in 2002 and has reported a 24% reduction in Green Nouse Gas emissions using B20. The cost for this environmentally-friendly fuel is only pennies more than regular bulk diesel prices. Electric Hybrid Hybrid vehicles are becoming more widely available in the auto markets and are now available in a variety of vehicle types, including full-size pick-ups and sport utility vehicles. Hybrid vehicles operate well in urban settings due to the speed limits of 50 km/hr or less, where the majority of the environmental and cost savings are realized. The cost to purchase a hybrid vehicle is estimated at a premium of between $5,000 and $8,000. The cost premium may be reduced once supply and demand ratio levels out. Although fuel cost savings are unlikely in a rural setting, the reduced emissions while the vehicle is operating in electric mode are still likely during periods of coasting, stops, acceleration and at speeds of less than 50 kmlhr. Transportation and Environmental Services February 25, 2009 Report No. TES2009-04 Page 2 of 6 Propane Propane is an alternative fuel choice because there is already distribution infrastructure in place for its efficient distribution. Service stations that dispense propane are available in Orillia, Coldwater, Barrie and on Hwy. #11. Propane produces fewer emissions than gasoline and propane vehicles can produce fewer ozone forming emissions, but are not weather susceptible. Most propane fueled vehicles are converted vehicles. The cost for converting vehicles is approximately $5,000. Vehicle Type and Number Review Chart 1 contains the results of a survey of surrounding municipalities. Ten (10} municipalities were surveyed in relation to the type of vehicles utilized by various departments, the replacement policy, the mileage paid for use of personal vehicles, and vehicle use by staff on-call. Chart 2 contains information regarding the current Oro-Medonte light vehicle fleet. Far each department, the 2008 costs to operatelmaintain the light vehicles are included. Chart 3 shows the comparison between full-size pick-ups, mid-size pick-ups and compact SUV's based on the costs to purchase and fuel economy. Chart 4 contains recommendations for the type of vehicles that should be purchased, in general, for each work group/department. Compact SUV type vehicles are recommended far Fire and Emergency Services, Development Services and Corporate Services. This type of vehicle will provide improved fuel economy, clearance for off road sites, improved winter driving, and the opportunity for four-wheel drive options for Fire and Emergency Services. This type of vehicle will also allow for greater flexibility for multiple passengers, if required. The seasonal activities of the Building Department result in heavy use of vehicles during the spring, summer and fall and reduced usage in the winter months. By moving to a compact Sport Utility Vehicle, the Building Department vehicles could be used as pool vehicles during the slower winter months -for example, the contract building inspector vehicle could be used by the pool during the winter. Pool Vehicles and Mileage The current mileage rate paid by the Township to staff who utilize their own vehicles for business is $0.44 per kilometer. In 2008, the pool vehicles, two vehicles that are available year round for use by staff to attend meetings, site visits, etc., travelled approximately 24,000 km. If these vehicles had not been available, the mileage costs paid to staff would have been $10,560.00. The total cost to operate and maintain the two vehicles in 2008 including fuel, repairs, insurance and amortization was $7,824.25. Transportation and Environmental Services February 25, 2009 Report No. TES2009-04 Page 3 of 6 These vehicles are used by staff in all departments of the Corporation. They are utilized during the summer months by Parks and Recreation for summer camp and far transporting sound equipment and display boards by the various departments to public functions. The existing vehicles include a 2001 Impala and a 2001 Winstar Mini Van. An investigation was completed to determine the cost of owning and operating pool vehicles compared to paying mileage to staff who use their awn vehicles. Research concluded that the average cost per kilometer, including depreciation, insurance, fuel and maintenance to own the vehicles, ranged from $0.31/km (compact cars) to $0.50/km (mini vans) versus the Township mileage rate of $0.44/km. (the Treasury Board of Canada Ontario mileage rate is $0.55/km). Council should be aware that most personal auto insurance policies do not cover business use of private vehicles and additional insurance may be required for staff using their personal vehicles for Township business. In the past, vehicles for the pool have been sunset vehicles from other departments. It is recommended that this practice continue, with efforts made to transfer vehicles that have passenger and storage capacity. Pool vehicle operation and maintenance costs are funded from a shared account. If other department vehicles are to be used to augment the pool -mileage should be tracked and a "per kilometer" cost for use of that vehicle collected. This fee would help to cover the cost of maintenance and provide funds for future replacements. It is not recommended that the number of pool vehicles be reduced at this time. It is recommended that staff be encouraged to use vehicles from other departments if pool vehicles are not available. For example, if during the winter months a staff member requires a vehicle to attend a meeting, there is the possibility of utilizing a vehicle from another department. Replacement timing of fleet has varied by department with practices ranging from replacing every five (5) years to driving the vehicle until it is no longer economically viable. Depending on the type of vehicle being replaced and the physical condition of the vehicle, a replacement period of eight (8) years, or 200,000 kilometres, is the norm for most municipal fleets. Additional Recommendations It is recommended that all Township vehicles be ordered in the colour white, as white is more readily available and will work with the new logo. The Fire and Emergency Services Department would be exempt from this requirement. Current vehicles within the fleet will remain red in colour until their scheduled replacement. Transportation and Environmental Services February 25, 2009 Report No. TES2009'04 Page 4 of 6 ~-, .~. FINANCIAL: The vehicles that are due far replacement and that been requested for 2009, are listed below, along with the recommended replacement vehicle: YEAR TYPE ~DEPARTMENT ~- RECOMMENDED VEHICLE REPLACEMENT DISPOSAL 1999 Ford Development Compact SUV Yes -Auction F-150 Services 2001 Chev Development Compact SUV Yes -Auction 1500 Services 2006 Chev Transportation Full-Size Two Wheel Drive No - Transfer to 1500 Services Pick-up Recreation and Community Services 2006 Chev Transportation Full-Size Two Wheel Drive No - Transfer to 1500 Services Pick-up Recreation and Community Services 2001 Chev Environmental Full-Size Two Wheel Drive Yes -Auction 1500 Services Pick-up 2005 Ford Building Nane at this time (dependant No - Transfer to Taurus on requirement for 2009 Paol contract position in Building) 2001 Impala Pool None -Replace with Ford Yes -Auction Taurus from Buildin *The listed vehicles were approved for replacement in the 2009 budget deliberations. POLICIES/LEGISLATION: CONSULTATIONS: Local Municipalities -Barrie, New Tecumseth, Severn, Springwater, Tay, Innisfil, Essa, Bradford West Gwillimbury, Collingwood, Midland, Adjala-Tosorontio. Fleet Vehicle Review Committee - Director of Recreation and Community Services, Director of Corporate Services, Manager of Engineering and Environmental Services, Acting Director of Fire & Emergency Services, Director of Development Services. Transportation and Environmental Services February 25, 2009 Report No. TES2009-04 Page 5 of 6 ATTACHMENTS: Chart 1 -Municipal Survey Chart 2 -Township of Oro-Medonte Light Vehicle Fleet Chart 3 -Vehicle Comparison Chart 4 -Vehicle Use and Recommendations CONCLUSION: The vehicles approved for replacement in 2009 include three (3) full-size two wheel drive pick-ups for the Transportation and Environmental Services Department and two (2) four cylinder compact SUVs far the Building section. The 2001 Impala pool vehicle will be sold and replaced with the Ford Taurus currently used by the Building section. It is recommended that the colour of all Township fleet vehicles be changed from red to white as new vehicles are purchased, with the exception of the Fire and Emergency Services Department. A subsequent report on the comprehensive fleet policy will be presented by staff in the second quarter. Respectfully submitted: ~ Jerry Ball Director of Transportation and Environmental Services SMT Approval /Comments: C.A.O. Approval 1 Comments: ~~ Transportation and Environmental Services February 25, 2009 Report No. TES2009-04 Page 6 of 6 Chart 1 -Municipal Survev Municipality Vehicle Type Position Mileage Reimbursement Rates in harmony with approved Canada Revenue Agency rates. In 2008, those rates were $0.52Jkm for No - Building Inspectors the first 5000 km and $0.46Jkm thereafter. Staff can claim Supplementary Business Insurance prorated on monthly basis. Collective Agreement entitled staff to a City of Barrie minimum monthly allowance of $100. Roads -Director, Yes Pickups Supervisors, Qn-call staff take trucks home Foremen, Road Patrol Yes Pickups Parks -Foreman, On-call staff take trucks Name Lead Hands Town of New Tecumseth Yes Full size Pick ups Building Inspectors On-call staff take trucks home Cars Building inspectors 3/4 and 1 Tonne Parks -Foreman, Township of Severn Yes Lead Hands Pickups Fire Chief and Deputy -On call -take vehicles home Pickups RoadsjWater ManagerJDirector paid mileage $0.44Jkm; On-call take vehicles home Manager, Foremen. Parks and Road Patrol share Ford rangers and full size trucks -Parks uses full size in Township of Springwater Yes Pickups Roads, Water, Parks summer and Roads uses full size in winter -Trucks are 4x4; Manager and On-call staff take vehicles home on weekends and at night. Yes MalibuG Pontiac Building Inspectors b Townshi of Ta Yes 4 wd E'ickups Fire No staff take vehicles home on weekends or at night; No p y Yes Pickups Roads pool vehicles; Mileage $0.49Jkm Yes Pickups WaterJWastewater Municipality Vehicle Type Position Mileage Reimbursement Yes Ford Rangers Building Inspectors Township of Innisfil Yes Ford Escape Fire ManagerJDirector paid mileage $0.46/km; an-calf take Hybrid vehicles home Yes Pickups Roads Yes Ford Rangers Building Inspectors Roads Manager and Township of Essa Yes Pickups Foreman CBO paid mileage - $0.42Jkm Fard Explorer, Yes Fire F250 Town of Bradford West 3 Mid size trucks Gwillimbury Yes - If required mileage is $0.54Jkm 1 Ford Escape Building Inspectors Pickups Roads Ford Escape Fire Town of Collingwaod Yes Ford Escape Building Inspectors Pickups & Jeep Parks 1/2 Ton Trucks Roads Managers and Director use own vehicles and aid Midland Yes p 1J2, 3/4 and 1 parks $0.44jkm Ton Trucks Township of Adjala Tosorontia Yes 1J2 Ton Trucks Building Inspectors Township of Qro-Medonte Light Vehicle Fleet ~ - ~ ~ ~ ~ a~ ~ ~ quip. Na ui ment Descri Lion q p p ~ ~ ~ I Hours i ~ i i ~ ~ I ~ ~ Expense ~ Amortization { Kms r ast per a. . ~ i ~ , km v o ~ I ~ I 1 ~ 2001 Ford W~nstar 3,652.27 j 335.26 ~ 13 000 0.31 d ~ _-__ _ 2001 Chev Im ala p _ __- __ ~ -I- - 2,682.71 -- - ~ 1 154.01 ~ 11 000 ~ - ---- 0.35 + . 2001 Chev Pickup ~ 7 975.46 ! 1 696 81ti 27,807 0.35 . „- -_ _-- _ r__-_ .--_. . _ ~_- ~-- -- _ ~ H ~ ~ -- _ - 2005 Ford Ran er g ~- ~ ~ ~ 3,292.25 ~ 3,189.08 $,168 I 0.79 o i ~ _.----___-_ ------- 2005 Ford Taurus ._ --- I ~ ~ -- - 856.59 i 3 050.69 ~ 7 288 ~~ ~ ~ 0.54 > cn o _-.._- 1999 Ford Pickup --.- ----_ -._-._ - ~ - ----- .-.._i -._ i 2,718.02 ~ _-. _.--- -- ~ ~ - 16,500 ; ---- 0.16 2007 Mazda i 4,884.85 ' 2,887.65 10,241: 0.76 ~ ~, - 2003 Chevy 5ME _ - - ------ 2003 Ch 6ME I - ; 9 739.28 I 2 233.26 36 475 ' _ 0.33 - i ao •~ _-__ evy 5,301.84 2,493.79 33,718 0 23 ~ a, ,~ y ~ cn --- 006 Chev y _ - ~ . --- -- ~ ~ _-- __ -- 8,413.42 ~ __ ---r -{-- - _ 8 979.60 32,760 1 _ --- __ 0.53 W I _ .~ _-----~ 2ao3 cnev -_...-_Y -----_-- ~ .-_.- I 5,903. 3 0 ~ 3,841.4518,855 0.52 ~ ~ 2005 Ford - -----~ _ - -- -- ~ _ _ . _ _ 9,547.33 - - 3,981.34 29,998 ~ ~ _-. 0.45 = L - y 2006 Chev _-_ --. 2007 Chev ~ I I - -- 7,115.05 i - - . -_-__~ - 4,160.81 j 28,280 ~ ---- -- ' _ _. 0.40 ~__. - . > -- y -- ---_- -__- _ '~ 10,594.75 3,160.88 I 37,480 0.37 W V - I ~ - ~ i - °'~ •> -- 2006 Chevy - -_ .---- -- __ i --~--- ~ 9,$58.20 I ----~ _ 2,744.82 _41,363.1 - 0.30 _ -- .°_ N `~ 1999 Ford 150 ~ -- _ 6,042.32 ; _ _ t ~ 28,683 ; - _- . 0 21 ' t= -__-_-- 2006 Chev _--.- -- Y ___-__ ~ . ~_ 10,532.33 ; _-.. ~-- _ .____, 2,681.07 i 37,480 ~ -- - -- 0.35 a ~ ~ . _. - 2005 Ford 150_ _ _ 2007 Chev y _ __ ---..- i , .,_------ I-_ _ _---__ i_.-_ 11,758.00 _-__.. _ - _ 7,041.91 ; 3,705.11 34,231 ,-_ __._- - -- - __ 3,076.95 1 38,159 - _.-. 0.45 -- _ - 0.27 ~ 1 .._...._._ _. ~ Chart 3 -Vehicle Comparison Type Vehicle Cost* Fuel Ecanamy (cityjhighway) Lj10Qkm Engine Qther Honda CR-V $29,790.00 10.7j7.8 2.4 L (-4 All Wheel Drive Nissan Rague $24,398.00 9.1j7.2 2.5 L I-4 Front Wheel Drive Mazda Tribute $22,795.00 9.2j7.2 25 L I-4 All Wheel Drive Small SUV H undai Santa Fe Y $25,995.00 12.1j8.3 2,7 L V-6 Front Wheel Drive Fard Escape $27,199.00 NA 3.0 L V-6 Front Wheel Drive Chevrolet Equinox $27,665.00 12.2j8.3 3.4 L V-6 Front Wheel Drive Pontiac Torrent $28,370.00 12.2j8.3 3.4L V-6 Front Wheel Drive Chevrolet Calorada $25,575.00 12.4j8.3 2.9 L I-4 Extended Cab Mid Size Nissan Frontier }~:E $23,298.00 10.7/8.7 2.5 L I-4 King Cab Pickup T k Ford Ranger Sport $19,299.00 14.1j10 4.0 L V-6 Super Cab ruc s Mazda B4000 $19,185.00 14.0/9.7 4.0 L V-6 Toyota Tacoma $20,215.00 10.5j7.8 2.7 L I-4 Extended Cab Dodge Ram $26,795.00 14.8j10 3.7 L V-6 Reg Cab Full Size Chevrolet Silverada $24,290.00 14.1j10 4.3 L V-6 Reg Cab Pickups Ford F-1S0 $26,099.00 NA 4.6 L V-8 Reg Cab Toyota Tundra $23,855.00 15.2j11.7 4.7 L V-8 Reg Cab i~~a~iuidc~urer suggestea retau pacing Chart 4 -Vehicle Use and Recommendations Department Position On-Call Takes Vehicle Home Recommended Vehicle Type Yes - responds to calls after hours and on Transportation weekends an a regular basis; an call out list for Full Size Pickup -Carries barricades, fuel, Services Manager emergencies Yes tools, signs, cones, tires etc Director of Yes - responds to calls after hours and an Transportation & weekends as required; on call out list far Full Size Pickup -Carries barricades, fuel, Env. Services emergencies Yes tools, signs, cones, tires etc Yes - responds to calls after hours and an Transportation & weekends on a regular basis; on call out list for Full Size Pickup -Carries barricades, fuel, Environmental Services Foremen emergencies Yes tools, signs, cones, tires etc Full Size Pickup -Carries barricades, fuel, On-call on rotating basis -once every three tools, signs, cones, pumps, generators, Environmental weeks; must be available to respond to assist plumbing supplies, utility keys, hoses and Services Technician operator on call when they are not the "an- dechlorinatian equipment, valves, meters (3 FT} call" operator. Yes etc. After hour and weekend Road Patrol during Full Size Pickup -Carries barricades, fuel, dead Hand winter season No tools, signs, cones, tires etc Corporate Services Municipal Law Response to after hours and weekend Small SUV -winter response prior to Enforcement complaints No snowplows required. Yes - responds to calls after hours and on weekends an a regular basis; on call out list for Small SUV -winter response prior to Fire Chief emergencies Yes snowplows required. Fire and Emergency Yes - responds to calls after hours and on Services weekends an a regular basis; on call out list for Small SUV -winter response prior to Deputy Fire Chief emergencies Yes snowplows required. Yes - responds to calls after hours and on Small SUV -winter response prior to Fire Prevention weekends on a regular basis; on call out list for snowplows may be required. Need Officer emergencies Yes capability to transport volunteer staff Chart 4 -Vehicle Use and Rec®mmendations Department Position Qn-Call Takes Vehicle Name Recommended Vehicle Type Full Size Pickup -playground equipment Yes - responds to calls after hours and on parts, garbage, line painters, seed, weekends on a regular basis; on call out list far fertilizer, signs, cones, pulls ball diamond Recreation and Foreman emergencies Yes dragging equipment etc Community Services Full Size Pickup - playground equipment parts, garbage, line painters, seed, Facility Operators fertilizer, signs, cones, pulls ball diamond (2} No No dragging equipment etc Small SUV -access to construction sites Chief Building required; Carries regulatory information in Official NO No binders Small SUV -access to construction sites Development Services Deputy Chie# required; Carries regulatory information in Building Official NO No binders ui ing Inspector ma UV -access to construction sites 1 FT and 1 required; Carries regulatory information in Contract} NO No binders ~(~~h11S~17~) t~~ REPQRT ~I ~~....~ ., Prv~cf Ilct~c't~e, La._~ itr~z~T Fticre Report No. DS2009-010 To: Committee of the Whole Prepared By: Andria Leigh Meeting Date: Subject: Motion # February 25, 2009 Howard Bloom - 2008-ZBA-16 Part 1 RP 51 R-31716 East Roll #: 010-002-317-10 , , Part of Trot 13, Concession 5, Township of Oro-Medonte R.M.S. File #: D1438817 (Former Township of Oro) RECOMMENDATION{S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2009-010 be received and adopted; 2. THAT Zoning By-law Amendment Application 2008-ZBA-16 for Howard Bloom, Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Township of Oro- Medonte, (Former Township of Oro) on Schedule A12 on the Zoning By-law 97- 95 (as amended) be amended for the AgriculturallRural Exception 155 (A/RU"155) Zone to permit a "Single Detached Dwelling" and prohibit a "Residential Care Name" be approved; and 3. That the Clerk bring forward the appropriate By-law for Council's consideration BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by Howard Bloom. This rezoning application has been submitted to amend the current zoning of a parcel of land from the AgriculturallRural Exception 155 (AlRU*155) Zone to the Agricultural/Rural (AlRU) Zone to permit one single detached dwelling on the subject lands. The applicant's lands are located on the west side of Line 5 North, south of the Old Barrie Road. A public meeting was held on January 28, 2009 to receive comments from members of the public and relevant agencies. The application was circulated to internal Township Departments and outside agencies, and no concerns were raised. The Nottawasaga Valley Conservation Authority submitted the following comments: "The NVCA has reviewed this proposed Zoning By-law Amendment and based on our mandate and policies under the Conservation Authorities Act we have no objection to its approval." DEVELOPMENT SERVICES February 11, 2009 Report No. DS2009-010 Page 1 of 6 ~~ Public comments from the neighbouring landowners were received verbally at the % meeting and one written submission dated February 9, 2009 was received from Murray Livingston, Donna Van Der Heyden, Bernal Livingston, and Carole Livingston. The concerns raised at the meeting and in the subsequent letter related to a number of matters including: current residential care home use and expansion onto the subject lands, potential MDS and agricultural operations impacts, potential wet areas on the lands proposed far development. The applicant has indicated that the proposed residential dwelling will be separate from the care facility and is intended to be utilized as a single detached dwelling for his family. Council does have the option of including a restriction in the amending zoning by-law to prohibit a "Residential Care Homes" as a permitted use an the subject lands, as recommended in this report. ANALYSIS: The Zoning By-law Amendment Application is proposed to change the zoning of the subject lands from AgriculturallRural Exception 155 (A/RU*155) Zone to the AgriculturallRural (AIRU) Zone. The current zoning on the property while it prohibits a single detached dwelling continues to permit the fallowing uses: Intensive Agricultural Uses, Agricultural Uses, Specialized Agricultural Uses, Bed and Breakfast Establishments, Conservation Uses, Custom Workshops, Equestrian Facilities, Farm Produce Sales Outlets, Forestry Uses, Hobby Farms, Home Industries, Home Occupations, Market Gardens, Private Clubs, Private Home Daycare, and Residential Care Homes. On this basis, the applicant is permitted to construct a residential care home an the subject lands under the current zoning but is not permitted a single detached dwelling. Consent Application 8-15101 severed the lands subject to this rezoning application from the abutting property, also owned by applicant as the Committee of Adjustment was satisfied that the application met the detailed policies contained in the Official Plan regarding the creation a new lot for agricultural purposes including the completion of an Agricultural Impact Assessment. As a condition of provisional consent, the applicant was required to apply for and obtain asite-specific zone that restricted the development of a single detached dwelling on the new lot; notwithstanding that the applicant's original application and supporting Agricultural Impact Assessment stated that the applicant was seeking the consent for a specialized agricultural severance including the construction of a single detached dwelling and greenhouse facilities for the purpose of managing and operating an organic produce farm. The consent would not be required strictly to operate the specialized agricultural use which could have been initiated on the applicant's larger farm holding. In accordance with the condition of the consent, Council adopted By-law 2003-077, which placed the subject lands under a site specific AgriculturallRural zone with a minimum lot area requirement of 3.6 hectares and a restriction on a single detached dwelling. As indicated above, while this restricts a single detached dwelling, a residential care home continues to be a permitted use. The Official Plan policies for specialized agricultural uses {Section C1.3.1) state: "The re-zoning of the property to permit a residential use is strongly discouraged by this Plan DEVELOPMENT SERVICES February 11, 2009 Report No. DS2009-010 Page 2 of 6 since the development of a residence would have an impact on either the rural character of the area andlor the viability of agricultural operations in the area." As stated above, the applicant at the time of the consent submitted an Agricultural Impact Assessment which addressed these policies and concluded that the proposed organic greenhouse operation and single detached dwelling would be compatible with the existing surrounding agricultural operations and will not adversely affect the flexibility of surrounding lands to accommodate both changes in types of farming and expansions to livestock operations. In addition to this, an updated Minimum Distance Separation {MDS} calculation has been completed related to the existing agricultural operations surrounding the existing lot including the proposed single detached dwelling. The existing lot, should a single detached dwelling be permitted, would continue to comply with the updated MDS requirements. The Official Plan policy also states that the rezoning of a property to permit a residential use is strongly discouraged, over concerns that the development of a residence would have an impact on the rural character of the area, the rural character as stated in the Official Plan is created by the open countryside, farmland, extensive wooded areas, and a number of small settlement areas rather than being dominated by man-made structures and landscaped yards, the Township has a relatively open, relatively natural and rural character. The proposed single detached dwelling on the 4.0 hectare parcel would be consistent with that current rural character of the Township. The subject parcel is presently vacant and surrounded by existing residential uses. The parcel fronts on Line 5 North. The total lot area of the parcel is 4.0 hectares. The surrounding lots are presently zoned Agricultural/Rural (AIRU) Zone and include both agricultural and residential uses. FINANCIAL: iv~t appncap~e. POLICIESlLEGISLATION: Township of Oro-Medonte Official Plan: The lands subject to the rezoning are designated "Agricultural" by the Official Plan. Permitted uses in the Agricultural Designation include agricultural operations, farm- related commercial uses, single detached dwellings, and all existing industrial uses. Zoning By-law 97-95: The subject parcel of land is presently zoned AgriculturallRural Exception 155 (A1RU*155} Zone. The exception 155, as states: "Nothwithstanding and other provision of this By-law, a single detached dwelling is not permitted on the lands denoted by the symbol *i55 on the schedules to this By-law, In addition, the minimum lot area for any other permitted use is 3.6 hectares" DEVELOPMENT SERVICES February 11, 2009 Report No. DS2009-010 Page 3 of 6 It is due to this restriction, the applicant is required to amend the Zoning By-law to permit a single detached dwelling on the subject lands. The subject parcel is 4.0 hectares in total lot area. The RgriculturallRural (AlRU) Zone requires a minimum lot frontage of 45 metres and a minimum lot area of 0.4 hectares for a single detached dwelling use. The parcel has frontage of approximately 121 metres onto Line 5 North. The subject parcel would exceed the minimum requirements of the AgriculturaVRural (A/RU) Zone for the proposed residential use. CONSULTATIONS: ivo concerns were given py porn mterna~ and external agencies. Verbal and written comments were received from surrounding neighboring residents at the public meeting on January 28, 2009 and in a letter dated February 6, 2009 as discussed above. ATTACHMENTS: ~cneauie ~ : vocation ~viap Schedule 2: Rezoning Proposal CONCLUSION: ~ ne proposea Lonmg try-iaw Hmendment contorms to the general intent of the Official Plan and the provisions of the Zoning By-law. On this basis, it is recommended that Zoning By-law Amendment Application 2008-ZBA-16 be approved and adopted by Council. Respectfully submitted: ~~ -~~ Andria Leigh, MCIP, RPP Director of Development Services SMT Approval /Comments: C.A.O. Approval /Comments: ~~ ,'~ DEVELOPMENT SERVICES February 11, 2009 Report No. DS2009-010 Page 4 of 6 SCHEDULE 1: LC}CATI{7N MAP 2Q08-ZBA-16 (Howard Bloom} w~ E _~~LL~ E, l~~t 1. '1L_ I `. I~ ~I 1 ( I (f~ I 11..'f ~ ~.~+`. .\ ?~ "~j '~ [ ~OG!'"TIC1N OF ~ ~ SUBJECT lA.h~lCJS ( r I *` i i f E 3 3 3 3 3~ i I DEVELOPMENT SERVICES February 11, 2009 Report No. DS2009-010 Page 5 of 6 ~CHEDU~E 2: REZONING PROPOSAL 2Q0$-ZBA-16 (Howard Bloom) ~, `~. /'. f `~ w LANDS TO BEZ©NED AGRICULTURAL.+RURAL E':GEPTION 155 tA+RU"155} ZCJNE DEVELOPMENT SERVICES February 11, 2009 Report No. DS2009-010 Page 6 of 6 c~ c~ ~+-' ~ ~ o w ~, ~ a~ 0 zs 4 © W .~ ~ ~ °O ~ ~ a~ a~ ~ ~ a 0 ~ ~ W ~ . ~ ~ o a ~ a~ v 0 y ~ ~ o ~~ U a v ~~ a ~ o <C ~ U .~ ~ Z a ~ A U Z ° ~ ~ ~ ~ ~ U ~ ~ ~ ~ .a y o ~ ~ o ~ ~ ~ ~, E w ~~ ~o . ~~ o~~ ,, ~ ~~ ~ a ~~ ~ U aw xw via, w vow ~ .~ ~ ~ ~ '~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,_, a v .~ ~ ~ ~ ~ ~" as c,, ~ ~ ~ ~ ~ ~ ~ ~ ~ ..~ •~ ~ a o `~ ~ 'd v~ ~ a v ~ '~ U `~ o ~ W~ C7~ ~~ W ~ ~ wcA~ ~ ~ a ~AS,~~~, NOTTAWASAGA VALLEY COPISERVATION AUTHORITY ~~~~~~ .`,+~~, BOARD OF DIRECTORS MEETING 01109 (' .:~~ ~', Friday January 9, 2009 ,.~r,~ MINUTES Location:Tiffin Centre for Conservation -John L. Jose Environmental Learning Centre PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Joan Sutherland Town of New Tecumseth ...... Members: Rick Archdekin Town of Wasa a Beach Ma Brett Townshi of Ad'ala-Tosorontio Orville Brown Townshi of Clearview Chris Carrier Town of Collin wood Mel Coutanche Townshi of Oro-Medonte Re Cowan Townshi of S rin water Ter Dowdall Townshi of Essa Tam Elliott Townshi of S rin water Sonn Fole Town of Collin wood Ron Henderson Townshi of Essa Gar Matthews Townshi of Melancthon Ral h Hou h Townshi of Oro-Medonte Rick Milne Town of New Tecumseth Gard Mont ome Townshi of Mulmur left at 9:55 a.m. Brian Mullin Munici alit of the Gre Hi hlands Fred Nix Town of Mono Cal Patterson Town of Wasa a Beach Gerald Poisson Cit of Barrie Ron Sim son Tawn of Bradford West Gwillimbu Bill Van Berkel Town of Innisfil Robert Walker Townshi of Cleanriew Bar Ward Ci of Barrie Perc Wa Townshi of Amaranth REGRETS: John McKean Town of the Blue Mountains GUESTS: Mark Shoreman, District Manager, Ministry of Natural Resources John Kus, Ministry of Natural Resources Area Supervisor, Midhurst District Dick Nibma, Chair, Conservation Ontario Lynn Dollin, Chair, South Georgian Bay Lake Simcoe Source Protection Region STAFF PRESEtdT: CAOISecretary-Treasurer Communications/Public Relations Assistant Director of Land Operations & Stewardship Services Manager of Stewardship Services Director of Planning Director of Engineering Wayne Wilson Kim Garraway Byron Wesson Fred Dobbs Chris Nibberd Glenn Switzer RECORDER: Laurie Barron, Executive Assistant BOARD OF DIRECTORS MINUTES MEETING No: 01-09 9 January, 2009 Page 2 of 7 1. CALL TO ORDER Wayne R. Wilson, CAO1Secretary-Treasurer called the meeting to order at 9:30 a.m. 2. INTRODUCTIONS BY CAO/SECRETARY-TREASURER The CAO1Secretary-Treasurer welcomed the fallowing guests to the meeting: Mark Shoreman, District Manager, Ministry of Natural Resources, Jahn Kus, Ministry of Natural Resources Area Supervisor, Midhurst District, Dick Hibma, Chair, Conservation Ontario, and Lynn Dallis, Chair, South Georgian Bay Lake Simcoe Source Protection Region 3. MOTION TO ADOPT AGENDA RES.#1 MOVED BY: Gerald Poisson SECONDED BY: Sonny Foley RESOLVED THAT: The Agenda for Board of Directors Meeting #01109, dated 9 January, be adopted. Carried; 4. PECUNIARY INTEREST DECLARATION None declared PROCEDURES: The CAOISecretary-Treasurer reviewed the election procedures with the Board members. 5. APPOINTMENT OF ELECTION CONDUCTOR RES.#2 MOVED BY: Gerald Poisson SECONDED BY: Sonny Foley RESOLVED THAT: The Board of Directors accept the services of Mark Shoreman, for the position of Election Conductor for the Chair & Vice-Chair of the NVCA 2009 elections. Unanimously Carried; 6. APPOINTMENT OF SCRUTINEERS RES.#3 MOPED BY: Sonny Foley SECONDED BY: Brian Mullin RESOLVED THAT: Byron Wesson and Chris Hibberd be appointed as Scrutineers for the duration of the N.V.C.A. 2009 elections. Carried; 7. ELECTION OF BOARD OF DIRECTORS CHAIR AND VICE CHAIR NOMINATIONS FOR THE POSITION OF GHAIR: RES.#4 (a) MOVED BY: Garry Mathews SECONDED BY: Percy Way RESOLVED THAT: Walter Benotto be nominated for the position of Chair of the Nattawasaga Valley Conservation Authority for 2009. Carried; Walter Benotto confirmed his acceptance of the nomination. BOARD OF DIRECTORS MINUTES MEETING No: 01-09 9 January, 2009 Page 3 of 7 RES.#4(b} MOVED BY: Joan Sutherland SECONDED BY: Brian Mullin RESOLVED THAT: Fred Nix be nominated for the position of Chair of the Nottawasaga Valley Conservation Authority for 2009. Carried; Fred Nix confirmed his acceptance of the nomination. Election Conductor Mark Shoreman asked three times for further nominations. Being Wane, Walter Benotto and Fred Nix were given an opportunity to speak to the Board of Directors regarding their commitment to the position of Chair of the Conservation Authority. RES.#5 MOVED BY: Sonny Foley SECONDED BY: Brian Mullin RESOLVED THAT: The nomination for the position of Chair of the NVCA be closed and the ballots destroyed. Carried; Election Conductor Mark Shoreman announced that the 2009 Chair of the NVCA is Walter Benotto. ORAL MOTION RES#6 MOVED BY: Walter Benotto SECONDED BY: Rick Archdekin RESOLVED THAT: Joan Sutherland be nominated for the position of Vice-Chair of the Nottawasaga Valley Conservation Authority for 2009. Carried; Joan Sutherland confirmed her acceptance for the nomination. Election Conductor Mark Shoreman asked three times for further nominations. Additional nominations were declined by the nominees. Being no further nominations, Joan Sutherland was declared Vice Chair by acclamation. RES.#7 MOVED BY: Orville Brown SECONDED BY: Brian Mullin RESOLVED THAT: The nomination for the position of Vice-Chair of the N.V.C.A. be closed and the ballots be destroyed. Carried; Chair Wafter Benotto assumed the Chair for the remainder of the meefing 8. ACKNOWLEDGEMENT Chair Walter Benotto thanked the Board of Directors for their support and thanked Past Chair Fred Nix for his hard work and dedication aver his three year term as Chairman. Fred Nix affirmed his position as Past Chair on the Executive Committee for the 2009 term. BOARD OF DIRECTORS MINUTES MEETING No: 01-09 9 January, 2009 Rage 4 of 7 9. ELECTION OF EXECUTIVE COMMITTEE MEMBERS Nominations for Rosition of Executive Committee Members were received by the CAO/Secretary-Treasurer as follows: MOVED BY: Chris Carrier SECONDED BY: Cal Paterson RESOLVED THAT: Rick Archdekin be nominated for the position of Executive member of the Nottawasaga Valley Conservation Authority for 2009. Rick Archdekin affirmed his acceptance MOVED BY: Percy Way SECONDED BY: Orville Brown RESOLVED THAT: Tom Elliott be nominated far the position of Executive member of the Nottawasaga Valley Conservation Authority for 2009. Tam Elliott affirmed his acceptance MOVED BY: Walter Benatto SECONDED BY: Orville Brown RESOLVED THAT: Gard Montgomery be nominated for the position of Executive member of the Nottawasaga Valley Conservation Authority far 2009. Cord Montgomery affirmed his acceptance MOVED BY: Garry Matthews SECONDED BY: Walter Benotto RESOLVED THAT: Mary Brett be nominated far the position of Executive member of the Nottawasaga Valley Conservation Authority for 2009. Mary Brett affirmed her acceptance RES# 8 MOVED BY: Brian Mullin SECONDED BY: Orville Brown RESOLVED THAT: The nominations far the position of Executive Member of the NVCA be closed. Carried; RES# 9 MOVED BY: Rick Milne SECONDED BY: Chris Carrier RESOLVED THAT: The Executive Committee of the N.V.C.A. as elected and appointed be confirmed for the year of 2009, as follows: Authority Chair: Walter Benotto Authority Vice-Chair:Jaan Sutherland Five Executive Committee Members: Fred Nix, Past Chair Mary Brett, Gord Montgomery, Tom Elliott, and Rick Archdekin; and, THAT: The ballots be destroyed. Carried; BOARD OF DIRECTORS MINUTES MEETING Na: 01-09 10. REMARKS/GREETINGS 9 January, 2009 Page 5 of 7 Lynn Dollin, Chair South Georgian Bay Source Protection Committee provided a brief overview of the work the Source Pratectian Committee has completed to date and upcoming events planned far 2009. Chair Dallin commended the dedicated group of people she has the pleasure to work with, in particular staff at the NVCA who have been targeted as one of the mast successful in the province in leading the stewardship program. Workshops are planned for 2009 to bring the message to municipalities on the progress of the Source Water Protection initiative. Mark Shoreman, District Manager, Midhurst, Ministry of Natural Resources thanked Former Chair Fred Nix for his guidance over the past three years and congratulated the newly elected Chair Walter Benotto and Joan Sutherland. Mark noted the importance of the natural diversity of the NVCA watershed and how the 18 member municipalities are truly blessed with agricultural, escarpment and beach landscapes. Mark encouraged the municipalities to continue to work together in preserving this unique environment. • Dick Hibma, Chair of Conservation Ontario brought greetings and thanks to the Past Chair Fred Nix and newly elected Chair Walter Benotto and Vice Chair Jaan Sutherland, in particular the work Past Chair Fred Nix has completed with respect to the Low Water Response Project. Dick commended the work of NVCA Forestry staff Rick Grillmayer who, through his support of the Trees Ontario program, has helped to ensure that 50 million trees be planted in Ontario in the next several years. • The province has renewed its funding commitment to the source protection initiative process and the dollars associated with the stewardship programs are beginning to be seen. Dick concluded that the 2009 economic circumstances will be a challenge and emphasized the importance in maintaining our focus an the environment. 10. ADVISORY COMMITTEE MEMBER SELECTION/CONFIRMATION The fallowing members submitted their selection far the 2009 Advisory Committees. Note: missing Fred N. and Jahn McKean -have contacted them via email Land and Water Planning Engineering & Tech Serv. Reg Cowan Garry Matthews Bill Van Berkel Orville Brown Percy Way Ran Simpson Rick Milne Sonny Foley Rick Archdekin Ron Henderson Mel Coutanehe Robert Walker Cal Paterson Tam Elliott Chris Carrier Terry Dowdall Gerald Poisson Jaan Sutherland Gord Montgomery Brian Mullin Barry Ward Walter Benotto Ralph Hough Mary Brett BOARD OF DIRECTORS MINUTES MEETING No: 01-09 9 January, 2009 Page 6 of 7 11. 2009 BORROWING RESOLUTION: RES.#10 MOVED BY: Brain Mullin SECONDED BY: Orville Brown RESOLVED THAT: For fiscal year 2009, the Nottawasaga Valley Conservation Authority borrow, as required on credit, up to $450,000 for its purposes until payment to the Authority of grants from the Province of Ontario, and levies from its member municipalities are received. Carried; 13. APPOINTMENT OF 2009 AUTHORITY SOLICITORS: RES.#11 MOVED BY: Orville Brown SECONDED BY: Brian Mullin RESOLVED THAT: The firms of Stiver Vale Barristers, Solicitors, Notaries, and Hill Hunter L.osell Law Firm, be appointed to conduct the legal business of the Authority far 2009. Carried; 14. APPOINTMENT OF 2009 AUTHORITY AUDITOR: RES.#12 MOVED BY: Tom Elliott SECONDED BY: Robert Walker RESO~YED THAT: The firm of BDO Dunwoody be appointed to conduct the auditing functions of the Nottawasaga Valley Conservation Authority for 2009. Carried; 15. APPOINTMENT OF REPRESENTATIVE TO CONSERVATION ONTARIO COUNCIL: RES.#13 MOVED BY: Tom Elliott SECONDED BY: Robert Walker RESOLVED THAT: The Chair be appointed as the NVCA voting delegate on the Conservation Ontario Council for the year 2009; and, THAT: Past Ghair, Fred Nix and Wayne Wilson, B.Sc., Chief Administrative OfficerlSecretary -Treasurer, be appointed as alternates. Carried; 16. NVCA 2009 MEMBERS RES.#14 MOVED BY: Ralph Nough SECONDED BY: fiord Montgomery RESOLVED THAT: The N.V.C.A. members provide written permission to authorize the public release of their names, addresses and telephonelfax numberstemail address, in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Carried; 17. FREEDOM OF INFORMATION AND PRIVACY ACT Appointment of Head of the NVCA for Purposes of the Municipal Freedom of Information and Protection Act. RES.#15 MOVED BY: Ralph Hough SECONDED BY: fiord Montgomery Members of the Board of the Nottawasaga Valley Conservation Authority may designate an individual to act as Head of the Authority for purposes of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, e. M.56, s. 3(1 }; 2002 C. 17, Schedule. F, Table; therefore, BE IT RESO<_VED THAT: Susan Richards, Manager of Administration and Human Resources be designated as Head of the Authority for purposes of the Act. Carried; BOARD OF DIRECTORS MINUTES MEETING No: 01-09 9 January, 2009 Page 7 of 7 18. PRESENTATION NOTTAWASAGA WATERSHED IMPROVEMENT PROGRAM c~v-wrP~} HEALTHY WATER COMMUNITY RIVER RESTORATION Sarah Campbell, Aquatic Bialagist, gave a presentation an accomplishments of the Nottawasaga Watershed Improvement Program (N-WIP) in 2008 and the goals of the new Ontario Wetland Care Program. N-WIP came about when the Lake Huron Steering Committee chase the lower Nottawasaga River basin as one of three sites across the province far water quality impravement pilot projects. ~amant and Marl creeks hve been identified as target watercourses far impravement projects, The N-WIP steering committee undertook the following projects in 2008: ^ Riparian volunteer tree planting on McIntyre Creek in Clearview Township ^ Yellow Fish Road program at Silver Crest school in Wasaga Beach • Riparian tree planting and stream habitat improvement projects on Black Ash Greek in Collingwaod ^ Riparian tree planting and stream habitat improvement prajects on Willow Creek in Springwater ^ ~ivestack exclusion fencing and alternate water source installation an Pretty River in Clearview FUTURE MEETINGS EXECUTIVE -Jan 23/09 BOARD OF DIRECTORS -Feb 13/09 ADJOURN RES#16 MOVED BY: Gard Montgomery SECONDED BY: Ralph Hough RESOLVED THAT: This meeting adjourn at 11:27 a.m. to meet again at the call of the Chair. Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO/Secretary-Treasurer Dated this day of , 2008 Michael P Coley. 326, Blueberry Marsh Road, RR 1, Midland, Mayan and Councillors, Ontario, L4R 4K3. Committee of the whale of Oro-Medonte, Township of Oro-Medonte, 6~' February 2449. ~ ~ - ~, PO Bax 144, Oro, Ontario. LOL 2X0 ~ ~ ~' ~ ~~~~ _; ~~ Mr Mayor and Councillors, ~ ~ ~ ~-p~,, ^~~ 5 ~ ~ May I take this opportunity to extend my thanks for the courteous manner with which my presentation was received an Wednesday 4`~ 2449. One important fact was not properly aired in the presentation and not adequately answered when the Mayor asked a question of Mr Jerry Ball. That question being, "What stage are we at now with respect to the program for the installation of the barriers and what decisions have been made?" Ta which the reply from Mr Ball was "There has been no decision as yet, Rrlr Mayor" The warding may not be totally verbatim and for that I apologize, but allow me to enlighten everyone concerned. Since Council passed unanimously the amended By-Law 2444-119 on 15~' July 2408, six months ago, I have had an expectation of the barriers to be installed. My requests to speak to Mr Ball went unanswered until one direct conversation yielded that his priorities for the Township road work program did not permit him to implement the work an Line 2 North as yet. However two ar possibly three telephone conversations took place with Mr Brian Roubos and myself wherein the structure of the GatelBarriers were discussed and agreed upon with allowance for pedestrian movement through as before. My assumption was that Mr Roubos was acting for or in conjunction with Mr Jerry Ball in this agreement. Mid November of 2448 Mr Dan Tinney of the Township's Roads Department rendezvoused with a senior memberlOwner of Simcoe Fence Company outside my home. Their purpose was to discuss all aspects of installation of the GatelBarriers as per my agreement with Mr Raubas. On introducing myself to both of these gentlemen ,who were there far over an hour it was explained to me by the Simcae Fence man. That due to his current work load they could not do this work for another two weeks ar so, but could I make available to them my outside garden hose when needed. This being for the mixing of concrete for setting the Gate Posts. Shortly thereafter a work crew appeared and began clearing the underbrush in preparation for the Barrier installation. Gentlemen, you can see from the foregoing that I had been given every reason to expect the work to be done! ! In all fairness perhaps Mr Jerry Ball did not have all of his full file information before him when answering the Mayors question ?But it would seem to me that his staff would have duly reported back to him at each stage of the implementation of this work program. Including the agreements and assurances given me by Mr Roubos , Mr Tinney and Simcae Fence. My full expectation was that this work would be fully completed soon, but then we received our first major snow storm of the season { at the end pf November) I therefare understood the halt of work, When Jahn Harnsworth registered his abjection to the project it came as a complete surprise since my nearer neighbours had not at this stage indicated any objections after a year or more? Mr Mel Cautanche advised me of Mr Harnsworth presenting himself before council even though he is not affected by the problem as directly as we are, he did not even give me the courtesy of discussing the situation beforehand? While I commend the Mayor far his direction that we attempt to came up with an amicable formula whereby each party is satisfied 1 have serious doubts that it is achievable. ? As Mr Harnswarth stated ,far him it is a question of"Mack and White" and if I understand him correctly, he wants the Line 2 North to remain open and is unsympathetic of the situation far us. Meantime I was given every reason to believe that my problem had received the attention and support of Ura-Medonte Council and as such was being resolved. My position therefare remains unchanged and the final decision is up to council. Yours sincerely, Michael P Coley. ` ~~_ CC, Mr Doug Irwin Clerk. ~ ~ THE CORPORATION OF THE TOWNSHIP OF ORO•MEDONTE BY-LAW N0.2889-422 Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of The Township of Ora Medonte, and to repeal By-law Nos. 95-85, 99-473, 2848-463. WHEREAS Section 11 of the Municipal Act, 2441, S.O. 2441, c.25 states alower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction; highways including parking and traffic on highways. AND WHEREAS the whale sphere of highways, including parking and traffic an highways is assigned to all upper tier municipalities non-exclusively; AND WHEREAS Section 27(1 } a# the Municipal Act, 2441, provides that a municipality may pass By-laws in respect to highways aver which it has jurisdiction; AND WHEREAS the part of the parking sphere of jurisdiction relates to municipal parking tats and structures; AND WHEREAS Section 140 of the Municipal Act, 2401, allows far the regulating ar prohibiting the parking ar leaving of motor vehicles on private property without the consent of the owner; AND WHEREAS Section 142 pf the Municipal Act, 2401, allows far the establishment of a system of disabled parking; AND WHEREAS Sections 63{1 }, 101 {1) and 142 {3) of the Municipal Act, 2001, allows for the removal and impounding or retraining and immobilization of objects or vehicles placed, stopped, standing or parking an a highway in contravention of a municipal By-law. AND WHEREAS Section 425 of the Municipal Act, 2441, allows far a municipality to pass By-laws providing that a person who contravenes a By-law of the municipality passed under the Municipal Act is guilty of an offence; AND WHEREAS Section 35 of the Municipal Act, 2401 allows that, a municipality may restrict the common law right of passage by the public over a highway; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of The Township of Oro-Medonte {"Corporation") enacts as follows: DEFINITIONS The meaning ascribed to any term defined in Section 1 {1) of the Highway TrafficAct, R.S.O. 1990, C.H.t3 {"HighwayTratfieAct, 1994"), as amended, are the meanings of the terms as used in this By-law, unless that terms are otherwise defined in subsection 2 of this section. For the purpose of this By-law: 1.1 "Authorized Sign" means a sign or other device placed or erected on a highway or elsewhere pursuant to the provisions of this By-law or approved by the Ministry of Transportation of Ontario for the purpose of regulating, warning or guiding traffic; 1.2 "Boulevard" means all parts of the highway save and except any roadway, shoulder or sidewalk; 1.3 "Outer Boulevard" means that part of the highway lying between any sidewalk and the edge of the shoulder furthest from the roadway, or where a shoulder does not exist from the edge of the roadway; 1.4 "Inner Boulevard" means that part of the highway lying between the property line and the edge of the sidewalk nearest to the property line and where there is no sidewalk, it means that part of the highway lying between the property line and the edge of the shoulder furthest from the roadway ar where a shoulder does not exist from the edge of the roadway, shoulder, where such exists, furthest from the travelled portion of the road; Page 1 of 9 1.5 "Commercial Motor Vehicle" means any motor vehicle having permanently attached thereto a truck or delivery body licensed as such by the Ministry of '~~ Transportation and without limiting the generality of the foregoing, includes ambulance, hearses, casket wagons, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highways; 1.6 "Corner" means the point of intersection of curbs or edges of the portion of the highway used for vehicular traffic; 1.7 "Corporation" means The Corporation of The Township of Ora-Medonte; 1.8 "Garb" shall include the edge of the roadway and gutters; 1.9 "Council" means the Council of The Corporation of The Township of Oro- Medante; 1.1{3 "Disabled Person Parking Space" means a designa#ed parking space or parking area under this By-law for the exclusive use of a vehicle displaying a permit in accordance with the requirements of the Highway TrafficAcf,1990, and the regulations there under and this By-law; 1.11 "Disabled Person Parking Permit" means a disabled person parking permit issued under the Highway Traffic Act, 1990, and is currently valid, or a permit, number plate or other marker ar device issued by another jurisdiction and is currently valid and recognized under the Highway Traffic Act, 1990, and the regulations there under, 1. i 2 "Driveway" means improved land on a highway which provides vehicular access from the roadway to a laneway ar a parking area an adjacent land; 1.13 "Fire Route" means a private roadway designated as a fire route by one or more signs erected by or on behalf of the owner or occupant of the private roadway; 1.14 "Highway" includes a common and public highway, street, avenue, parkway, square, place, bridge, viaduct or trestle, designed and intended far, or used by the general public for the passage of vehicles, including unopened and unassumed highways; 1.15 "Intersection" means the area embraced within the prolongation or connection of the lateral curblines, ar, if none, then the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other, 1.16 "Leave or Left When Prohibited" means the parking of a motor vehicle: 1.16.1 in excess of any time limit so posted; ar 1.16.2 where a time limit is not posted in excess of two hours; or 1.16.3 for any use other than the normal use intended for the property. 1.17 "t_ocal Board" means a local board within the meaning of the Ontario Municipal Board Act, R.S.O. 1990, c. 0.28; 1.18 "Motorized Snow Vehicle" means aself-propelled vehicle designed to be driven primarily an snow; 1.19 "Municipal Property" means property of The Township of Oro-Medonte or any local board thereof; 1.20 "Municipality" means The Corporation of The Township of Oro-Medonte; 1.21 "Municipal Law Enforcement Officer" means a person duly appointed by the Corporation for enforcing the provisions of this By-law and who shall have the powers as set out in the ProvinciafOffencesAct, R.S.0.,1990. c.P.33, as amended; 1.22 "Owner" when used in relation to property means the registered owner of the property; 1.23 "Owner" when used in rela#ion to a vehicle means the last registered name on file with the Ministry of Transportation of Ontario; Page 2 of 9 1.24 "Park" or "Parking" when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; 1.25 "Parking Space" means that part of the surface of a roadway designated for the purpose of parking a vehicle; 1.26 "Pedestrian" means a person on foot or an invalid, child or other person in a wheeled chair or baby carriage; 1.27 "Person" means any human being, firm, association, partnership, private club, incorporated company, corporation, tenants in common, joint tenants, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law and for the purpose of this By-law includes the owner or driver of a vehicle; 1.28 "Private Roadway" means a roadway or laneway on private property; 1.29 "Roadway" that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder and, where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively; 1.30 "Service Vehicle" means any municipal vehicle, including emergency vehicles; 1.31 "Shoulder" means that part of the highway immediately adjacent to the roadway and having a surface which has been improved with asphalt, concrete or gravel for the use of vehicles; 1.32 "SidewalklFootpaths" means that portion of a highway as is set aside by The Gorporation of The Township ofOro-Medonte for the use of pedestrians; 1.33 "Special Event" means those events approved by Council; 1.34 "Stand" ar "Standing" when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; 1.35 "Stop" or "Stopping", when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or of a traffic control sign or signal; 1.36 "Township of Qro-Medonte" means The Corporation of The Township of Oro-Medonte; 1.37 "Trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn; 1.38 "Traffic Control Device" means any sign, or roadway, curb or sidewalk marking, or other device erected or placed under the authority of The Corporation of The Township of Oro-Medonte for the purpose of guiding or directing traffic; 1.39 "Vehicle" includes a motor vehicle, trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted bicycle, a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry road building machine and any other vehicle propelled or driven otherwise than by muscular power. Page 3 of 9 2. GENERAL REGULATIONS 2.1 Where any expression of time occurs or where any hour or other period of time is stated, the time referred to shall be eastern standard time, provided however, if what is known as "daylight saving time" has been generally adopted in the Regional Area for any period of the year, under any statute, order-in-council, By-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this By-law. 2.2 The Director of Transportation and Environmental Services, or his/her designate, far The Township of Ora-Medonte, shall have the authority to place or erect and to maintain such authorized signs as are required to give effect to the provisions of this By-law; 2.3 The Director of Transportation and Environmental Services or his/her designate, of The Township of Oro-Medonte is hereby authorized to place or erect and to maintain temporary "No Parking" signs and "No Stopping" signs on any highway; 2.4 The Schedules to this By-law shall farm part of this By-law and each entry in a column of such a Schedule shall be read in conjunction with the entry or entries across there from and not otherwise; 2.5 A word interpreted in the singular number has a corresponding meaning when used in the plural; 2.6 "May" shall be construed as permissive; 2.7 "Sha1P' shall be construed as imperative. 3. DISTANCES 3.1 Where a distance is used in this By-law as part of a prohibition of parking or stopping within a specified distance a# an object, structure, land ar part of a highway, such distance shall be measured: 3.1.1 from the projection of the nearest curb line or edge of the roadway in the direction stated unless it is specifically stated otherwise; or 3.1.2 along the curb or edge of the roadway from a point in such curb or edge of roadway opposite such object, structure, land or part of a highway, unless the context otherwise requires, or; 3.1.3 from such object, structure, land, or part of a highway in all directions. 3.2 All distances/dimensions are measured in the metric measurement unless otherwise stated. 4. EXEMPTIONS -IMPRACTICAL 4.1 This By-law applies only to highways forming part of the road system under the jurisdiction of the municipality; 4.2 If compliance therewith be impractical, the provisions of this By-law shall not apply to: 4.2.1 ambulances, police, fire department, or public utility emergency vehicles; 4.2.2 vehicles of the Corporation or vehicles contracted by the Corporation where such vehicles are actually engaged in the performance of cleaning, maintenance, repair, construction, snow removal or other work on any highway within The Township ofOro- Medonte; or 4.2.3 tradesman bona fide temporarily stopping or parking for the purpose of loading or unloading equipment to complete minor repairs. Far the purpose of this exemption temporarily" shall mean a time limit of not more than two hours. Page 4 of 9 5. GENERAL. STOPPING OR PARKING REGULATIONS 5.1 No person shall park or stop any vehicle on any highway or portion thereof unless on the right side of the highway having regard to the direction in which the vehicle had been proceeding, with the right front and right rear wheels and runners not more than 0.15 metres from the curb or boundary of the roadway, as near as the condition of the highway permits. 6. PARKING PROHIBITED WITH SIGNS When authorized signs have been erected, no person shall park a vehicle, or permit a vehicle to remain parked on any highway; 6,1 a# the side and between the limits set out respectively in Columns 1, 2, and 3 of Schedule ",0.". 6.2 in fron# of, or within fifteen metres (15m} of a lot an which there is a firehall on the side of the highway on which the firehall is located; 6.3 on a fire route 6.4 within four metres (4m} of the entrance to the Rail Trail. 7. PARKING PROHIBITED WITHOUT SIGNS 7.1 When authorized signs have not been erected, no person shall park a vehicle or permit a vehicle to remain parked on any highway; 7.1.1 within fifteen metres (15m} of an intersection; 7.1.2 within three metres (3m} of a fire hydrant; 7.1.3 in front of the main entrance to, or any emergency exit from any church, or other building or enclosed space in which persons may be expected to cangrega#e in large numbers; 7.1.4 in front of or within one and one half metres {1.5m} of a laneway or driveway; 7.1.5 so as to interfere with the formation of a funeral procession. 7.1.6 in such a position that will prevent the convenient removal of any other vehicle previously parked; 7.1.7 for the purpose of displaying the vehicle for sale; 7.1.8 far the purpose of greasing, repairing, senrieing ar painting of vehicles except far such repairs as have been necessitated by an emergency; 7.1.9 on the roadway where the width of the roadway is six metres {6m) or less; 7.1.10 on a driveway within one metre {1 m} of a sidewalk or footpath, or if there is no sidewalk or footpath within three metres (3m} of the roadway; 7.1.11 so as to impede or obstruct the flaw of other traffic during their lawful use of the highway; 7.1.12 on a boulevard. 8. TEMPORARY NO PARKING SIGNS 8.1 The Director of Transportation and Environmental Services, or his/her designate is authorized and directed to erect or place at the Director's discretion temporary °No Parking" signs on any highway used by the general public for the passage of vehicles. Temporary changes indicated by the erection of such signs shall not be effective after the next Council meeting, unless confirmed by resolution of Council at such meeting, which resolution shall stipulate the length of time such changes shall be in effect; Page 5 of 9 8.2 Without limiting the generality of the foregoing, such signs shall be erected in the even# of fire, or parades, or while large assemblies are in an auditorium or otherwise, for a reasonable period of time immediately preceding and following such assemblies, provided however, that such "No Parking" signs shall be erected one hour ar more before such parades or assemblies; 8.3 No person shah at any time park a vehicle on any of the highway, parts of highways, or sides of highways where temporary "No Parking" signs have been erected. 9. STOPPING PROHIBITED -SPECIFIED PLACES WITHOUT SIGNS 9.1 No person shall stop a vehicle or permit a vehicle to remain stopped an any highway: 9.1.1 on, or partly on, or over a sidewalk or footpath; 9.1.2 within fifteen metres (15m} of an intersection or crosswalk; 9.1.3 on the roadway side of any stopped or parked vehicle; 9.1.4 upon any bridge or elevated structure except where parking is otherwise permitted in this By-law; 9.1.5 within thirty metres (30m} of either end of a bridge or eleva#ed structure; 9.1.6 within fifteen metres (15m} of the nearest rail of any level crossing pt a railway. 9.1.7 within the turning basin of a cut-de-sac; 9.1.8 on a highway 10. PARKING PROHIBITED FOR WINTER ROAD MAINTENANCE 10.1 No person shall park or leave standing a vehicle whether attended or unattended on a~highway, at any time, 24 hours per day, between October 15 and Apri130 inclusive. 11. PARKING PROHIBITED -PRIVATE PROPERTY AND PROPERTY OF THE MUNICIPALITY 11.1 For the purposes of this section the following definitions shall apply: 11.1.1 "occupant" when used in relation to property means: 11.1.1.1 the lawful tenant or lessee of the property; 11.1.1.2 the registered tenant or lessee of a condominium unit, whose consent shall extend only to the control of the unit of which he is tenant or lessee and any parking spaces allotted to him by the condominium corporation or reserved for his exclusive use in the declaration or description of the property; 11.1.1.3 the spouse of a person described in the 13.1.1.1 or 1 3.1.1.2; 11.1.1.4 the board of directors of the condominium corporation; 11.1.1.5 a person authorized, in writing, by the property owner as defined in 13.1.1.1, 13.1.1.2, 13.1.1.3 or 13.1.1.4 to act on the owner's behalf for requesting the enforcement of a i3y-law passed under this paragraph. 11.1.2 "owner" when used in relation to property means: 11.1.2.1 the registered owner of the property; Page 6 of 9 11.1.2.2 the registered owner at a condominium unit, whose consent shall extend only to the control of the unit of which he is owner and any parking spaces allotted to him by the condominium corporation or reserved for his exclusive use in the declaration ar description of the property; 11.1.2.3 the spouse of a person described 13.12.1 or 13.1.2.2; 11.1.2.4 where the property is included in a description registered under the Condominium Acf, 1998, S.O. 1998, Chap#er 19, the board of directors of the condominium corporation. 11.1.3 "munioipat property" means aH property owned or occupied by The Township of Oro-Medonte or any local board thereof except municipal roads controlled under the Highway Traffic Act or a municipal traffic control By-law; 11.2 The vehicle shall be deemed to be left without consent, where an owner ar occupant of property has posted signs: 11.2.1 stating conditions an which a vehicle may be parked or left an the property; or 11.2.2 prohibiting the parking or leaving of a vehicle an the property; 11.3 No person shall park or leave a vehicle on: 11.3.1 priva#e property without first having obtained permission from the owner, occupant or any adult resident of the property; 11.3.2 property owned or occupied by The Township of Oro-Medonte or any local board thereof withou# first having obtained written consent from The Township of Oro-Medonte or the local board unless authorized signs have been posted indicating parking is permitted; 11.4 Where a driver of a vehicle, not being the owner has been charged under Section 11.3 of this By-law and is liable to a penalty, the owner of the vehicle is also liable to such penalty uNess, at the time of the offence, the vehicle was being used without the owner's consent; 11.5 No person shall park a vehicle or permit a vehicle to remain parked on property owned by The Township o#Ora-Medonte ar any local board thereof where: 11.5.1 an area that is designated by sign as reserved, unless the area is reserved for such person; 11.5.2 an area designated by sign as an area where parking is prohibited; 11.5.3 for any period in excess of 24 hours. 12. PARKING SPACES FOR PERSON WITH DISABIt_ITIES -PROHIBITED PARKING WITH SIGNS 12.1 For the purposes of this Section: When authorized signs have been erected, designating a space as a disabled persons parking space, no person shall park or stop a vehicle or allow a vehicle to remain parked or stopped in a public parking area in a parking space reserved for persons with disabilities unless a valid disabled person parking permit is openly displayed on the dashboard of the vehicle. 12.2 Enforcement of this Section on property other than property owned by the municipality will only be carried out upon written request by the owner. 13. SIGNS -TRAFFIC SIGNALS 13.1 No person shall move, remove, deface or in any manner interfere with any sign, traffic control signal, marking, or other traffic control device placed, erected or maintained under this By-law. 13.2 No person shall erect a traffic control signal, marking, or other traffic control device without authority. Page ? of 9 13.3 No person shall place, maintain or display on any highway, any sign, marking or device which purports to be, or is an imitation of, or resembles an authorized sign or which conceals from view or interferes with the effectiveness of an authorized sign. 14. FRESHLY PAINTED LINES ON ROADWAY 14.1 No person shall drive any vehicle over any marking on the roadway where markers are in place to indicate that the marking material has been freshly applied. 15. ENFORCEMENT AND ADMINISTRATION 15.1 This By-law shall be enforced and administered by The Township of Oro- Medonte Municipal Law Enforcement Officers. 16. PARKING INFRACTION NOTICE 16.1 Where a vehicle is found parked in contravention of the provisions of this By- law, Municipal Law Enforcement Officers may complete and place upon or attach to the vehicle ar give to the person driving the vehicle a parking infraction notice in the form of a serially numbered notice stating: 16.1.1 the license number of the vehicle, concise description of the vehicle and the expiry date of the sticker; 16.1.2 a description of the offence; 16.1.3 the date, time and location of the alleged offence; 16.1.4 the signature of the signing officer; 16.1.5 the set fine far the alleged offence; 16.1.6 that the owner or driver thereof may make a voluntary early payment in the amount and manner set forth and pay the fine as indicated on the parking infraction notice prior to the 15 day as set out in the Provincial Offences Act, 1990 Part 11. 16.1.7 that the owner or driver therof may enter a not guilty plea within 15 days of the offence and request a trial date be set as set out in the Provincial Offences Act 1990 Part 11. 16.2 The Municipal Law Enforcement Officer shall prepare the parking ticket in duplicate and shall attach one copy of the parking infraction notice to the vehicle or give the copy of the parking infraction notice to the driver of the vehicle and deliver one copy to the Corporation. 17. OWNER LIABLE 17.1 The owner of a vehicle may be charged with and convicted of an offence under this By-law for which the driver or the vehicle is subject to be charged and on conviction the owner is liable to the penally prescribed ar provided for the offence, unless, at the time of the offence, the vehicle was in possession of some person other than the owner without the owner's consent. 18. EXEMPTIONS 18.1 This By-law shat! no# apply to the Corporation, or to its employees when en aged in the maintenance of a designated parking space or the enforcement of this By-law. 19. PENALTIES 19.1 Any person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to the maximum fine as provided for in the Provincial Offences Act, R.S.O., 1990, c.P.33, as amended andlor Part XIV of the Municipal Act, 2001, as amended. Page 8 of 9 zo. T©WlIMPOUND VEHICLE 20.1 Notwithstandingaay other penalty imposed by this By-law, the Municipal Law Enforcement Officer issuing the parking infraction notice may have the vehicle towed away and impounded at the owner`s expense pursuant to section 170{15) of the Highway Traffic Act, 1990, as amended; 20.2 All towing and impounding charges incurred under this section shall become a lien against the vehicle and enforced in accordance with the Repair and Storage Liens Act, R.S.O. 1990, c.R.25, as amended. 21. CONFLICT 21.1 Subject to 21.2„ in the event of a conflict between the provisions of this By- law with the provision of any other By-law of the Corporation or any applicable government regulation, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail; 21.2 Notwithstanding 21.1, if there is a conflict between this By-law and the Highway Traffic Act, 1990 the provisions of the Highway Traffic Acf, 1990 shall prevail. 22. EXEMPTION LIMITED BY ACT OF LAW 22.1 Any exemption authorized by this By-law in any manner shall in no way be construed or interpreted as an exemption, limitation or excuse from a person's requirement to abide by and comply with any other Federal, Provincial or Municipal Law. 23. SEYERABILITY 23.1 I# a court of competent jurisdiction should declare any section of this By-law, or part thereof, including any part of the schedules, to be invalid, such section or part thereof is deemed severable from this By-law and shall not be construed as having influenced Council to pass the remainder of this By-law and it is the intention of Council that the remainder of the By-law shall survive and remain in force. 24. ENACTMENT 24.1 This By-law shat! come into force and effect upon the approval of the fines by the Attorney General. 25. BY-LAWS REPEALED 25.1 By-law Nos. 95-85, 99-073, 2008-063 are hereby repealed in their entirety. 26. SHORT TITLE 26.1 This By-law shall be known as the "Parking By-law". BY-LAW READ A FIRST AND SECOND TIME THIS 25"' DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 9 of 9 ~~~i~ Schedule "A" to By-law #2009-022 Parking Prohibited HIGHWAY SIDE FROM - TO AI uin Trail East and West Sides South of Huron Woods Drive 75m Bass Lake Side Road North and South Sides Line 12 North Easter) 800m Bass Lake Side Road East North and South Sides Line 15 North to Line 14 North 8a Street North and South Sides Line 2 South Wester) 300m Ba Street North and South Sides Line 2 South Easter) 150m Bickle Road North and South Sides Bass Lake Side Road East of Line 14 Bidwell Road North And South Sides Eme a Parkin On turnaround at the water source cistern Blackman Boulevard East and West Sides Stanle Avenue to Lake Simcoe Huron Woods Drive East and West Sides Oneida Avenue South 75m Huron Woods Drive East and West Sides Oneida Avenue North 75m Huron Woods Drive East and West Sides AI uin Trail North 75m Lakeshore Road East South Side Line 14 South Easte 430m Lakeshore Road East North and South Sides East of Line 7 South SOOm Lakeshore Road East South Side Line 14 South Wester) 150m Lakeshore Road East North and South Sides Line 12 South to Little Road Lakeshore Road East South Side Little Road to Line 13 South Lakeshore Road West North and South Sides West of Line 7 South 325m Lakeshore Road West North and South Sides Shellswell Park bound on East side Easter) 500m Lakeshore Road West North and South Sides Shellswell Park bound on West side Wester) 500m Line 2 South West Side Ba St. to Church St. Line 2 South West Side Ba St. to Lake Simcoe Line 11 South East and West Sides Lake Simcoe to Pu sle Lane Line 11 South East and West Sides Franko Street to Pu sle Lane Line 12 South East and West Sidea Lakeshore Road East to Lake Simcoe Line 12 South East and West Sides Lakeshore Road East Northe 120m Line 15 North East and West Sides H #12 South to Bass Lake Side Road Line 15 South East and West Sides M lewood Parkwa to Woodland Drive Line 15 South East and West Sides Ma lewood Parkwa Norther) 50m Line 7 South East and West Sides 210m north of Lake Simcoe Line 8 South East and West Sides H #11 Southeri 800m Line 9 South East and West Sides Lakeshore Road East to Lakeshore Road East Line 9 South East and West Sides Lakeshore Road to Lake Simcoe Mill Street East and West Sides Robinson Street to Lake Simcoe Mill Street East and West Sides Robinson Street Norther) 100m Richelieu Road East and West Sides Cham lain Crescent to Warminster Side Road Robinson Street North and South Sides Mill Street Easter) 50m Robinson Street North and South Sides Dead end Weste f30m Roebum Beach Road North and South Sides East and W est from Bickle Road Scottdale Drive North and South Sides All of cukiesac and easterl 30 m from cukiesac Ski Trails Road North and South Sides Cou Road #93 Easte 100m Stanle Avenue North and South Sides. Blackman Boulevard to Doroth s Drive Stanle Avenue North and South Sides Creek Lane to Doroth s Drive Stanle Avenue South Side Creek Lane Westert 100m Warminster Side Road North and South Sides 500m East of Richelieu Road Warminster Side Road North and South Sides 50m West of Richelieu Road Woodland Drive West Side Between the two brill es and 60m North and South of the two brill es THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW N0.2009-023 Being a By-law to Regulate and Prohibit the Sale end Setting !'off of Fireworks and to Repeal By-Law No. 2005-135 WHEREAS Section 121 of the Municipal Act, 2001, S,lJ. 2001, c.25, as amended, allows municipalities to regulate and prohibit the sale and setting off of fireworks; AND WHEREAS the Council of The Corporation of The Township of Oro-Medonte deems it appropriate to regulate the sale and setting off of fireworks; NOW THEREFORE the Council of the Township of Ora-Medonte enacts as follows: 1. GENERAL PROHIBITIONS 1.1 Na person shall display, offer far retail sale, or sell fireworks within the limits of The Corteration of the Township of Ora-Medonte, except an the fallowing recognized holidays: (a} Victoria Day (b) Canada Day and for a period of 5 shopping days prior to the recognized holiday. 1.2 No person shall display, offer far retail sale ar sell fireworks within the limits of The Corporation of the Township of Oro-Medonte without obtaining permission from the Township of Ora-Medonte. Such permission sha8 be subject to a fire inspection, and approval from the Ora-Medonte Fire & Emergency Services Department. 1.3 No person shall discharge ar set off any fireworks excep# during the period in which sales are permitted under Section 1 of this By-law, as well as the two recognized holidays. 2. ENFORCEMENT AND FINES 2.1 Every person who contravenes any Provision of this By-Law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act R.S.O. 1990, Chapter p.33, and every such fine is recoverable under the Provincial Offences Act. 3. EXEMPTIONS 3.1. The provisions of this By-law regarding the display, after for retail sale or sale of fireworks do not apply to a commercial ar retail business established within the limits of The Corporation of the Township of Oro-Medonte. 3.2 Notwithstanding the foregoing provisions of this By-Law, the Council of the Township of Oro-Medonte, upon written application 30 days prior to the holding of any celebration, may grant written permission for the purchase and letting off of fireworks under the following conditions: (a} written approval from the Township of Oro-Medonte Fire Chief, following inspection of the area from which the fireworks will be displayed and type of fireworks; (b) written proof of adequate insurance coverage to the sale satisfaction of The Corporation of the Township of Oro-Medonte; (c) proof of qualifications of the person ar persons who will be responsible for the setting off of fireworks display under the Explosives Act, R.S.C. 1985 c. E-17. ~r (d) The storage and handling of fireworks for sate must comply with the Explosives Act, R.S.C. 1985 c.E-17. Such storage and handling shall be subject to inspection by the CJro-Medonte Fire & Emergency Services Department. 4. REPEAL That By-Law No. 2005-135 be repealed in its entirety. 5. EFFECTIVE DATE This by-law shall come into force and effect on the date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 25T" DAY OF FEBRUARY, 2009. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2~9. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, N.S. Hughes Clerk, J. Douglas Erwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO.20Q9-024 Being a By-Law for Prohibiting or Regulating Within the Municipality of the Township of Oro-Medonte the Making of Noises Likely to Disturb the Inhabitants of the said Township and to Repeal By-Law Nos. 97-82 and 98-90, 2005-136 WHEREAS Section 129{1} of the Municipa/Act, 2001, S.O. 200t, c.25, as amended, allows municipalities to prohibit or regulate noise; AND WHEREAS the Council for The Corporation of the Township of Oro-Medonte deems it necessary and expedient to pass such a by-law; NOW TWEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. PROVISIONS 1.1 The provisions of this By-l.aw shall apply to all lands located in and all activities that may create any noise or unusual noise as hereinafter defined occurring within the municipal boundaries of the Township of Ora-Medonte. 2. DEFINITIONS 2.1 "NOISE{S}" means shouting, singing, use of offensive language or any unusual noise likely to disturb the inhabitants limited to: {a} noise created by any live band, radio, television, public address system, sound equipment, loudspeaker or similar device or any musical ar sound producing instrument of whatever kind, when such device or instrument is played ar operated at such volume as to annoy or disturb the peace, quiet, comfort and repose of any individual in the neighbofiood. 2.2 "PERSISTENT" means existing far a long or longer than usual time or continuously. 2.3 "PERSON{S}" shall include an individual, histher personal representative and their heirs, executors and assignees and shall also include a corporation with or without share capital. 2.4 "TOWNSHIP" means The Corporation of the Township of Oro-Medonte. 3. OFFENCES No Person shall create or cause or permit to be created any one or more of the Noises as defined in Section 2 respectively within the limits of the Township. 4. EXEMPTION BY COUNCIL Upon receipt of a written request, Council may, by Resolution, grant an exemption to provisions of this by-law for a specified period of time subject to such terms and conditions as are deemed advisable. The request shall include: {i} the name and address of the applicant; {ii) a description of the source of the sound in respect of which an exemption is being sought; {iii:) the period of time for which the exemption is being sought; {iv) the reasons why an exemption is being sought. A copy of the request shall be provided to the Municipal Law Enforcement Officer who will conduct a site inspection and prepare a report to Council which includes de#aiis of any complaint history or corrective measures to be taken. In deciding whe#her to grant the exemption, Council will review the request, the staff report, and will provide the applicant an opportunity to speak in accordance wi#h Council's Procedural By-law. Where an exemption is granted, any breach of the terms or conditions renders the exemption null and void. 5. EXEMPTION None of the provisions of this By-Law shall apply to any public or private activity where there is already an agreement ar Memorandum of Understanding in place to create the Noise with The Township. 6. ENFORCEMENT AND FINES 6.1 Any Person who contravenes any provision of this By-Law is guilty of an offence and is subject to a penalty pursuant to the Provincial Offenses Act, R.S.O. 1390., c.P.33. Each time a breach of this By-Law occurs it shall constitute a separate offence. 6.2 The conviction of any offender upon the breach of any provision of this By-Law shat! not operate as a bar to a prosecution against the same offender upon any continued ar subsequent breach of any provisions and the Judge may convict any offender repeatedly for continued or subsequent breaches of the By-Law and the provisions of Section 12S{t} of the MunieipafAct 2001, S,o. 200t, c.25, as amended from time to time shall further apply to any continued or repeated breach of this By-Law. ?. SEVERABILITY If any court of competent jurisdiction finds any of the provisions of the By-Law are ultra vices of the jurisdiction of the Township, or are invalid for any other reason, such provisions shall be deemed to be severed and shall not invalidate any other provision of the By-Law which shall remain in full force and effect. $. SHORT TITLE The short title of this By-Law is the "Noise By-Law". 9. REPEAT. That By-Law No. 2405-136 is hereby repealed in its entirety. 10. EFFECTIVE DATE This By-law shall come into full force and effect upon the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME TWIS 25T" DAY OF FEBRUARY, 2t?09. BY-LAW READ A TWIRD TIME AND FINALLY PASSED TWIS DAY QF 2t~9. TWE CORPORATION QF TWE TOWNSWIP OF ORO-MEDONTE Mayor, W.S. Wughes Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO.2409-025 Being a B -law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used far Recreational Purposes within the Township of Ora-Medonte and to Repeal By-law No. 2004-085 WHEREAS Section 11(3} of the Municipal Act, 2441, 5.O.2441, c.25, as amended, authorizes a municipality to pass by-laws with respect to culture, parks, recreation and heritage; AND WHEREAS Section 11(2} of the Municipal Act, 2401, 5.0.2441, e.25, as amended, authorizes a municipality to pass by-laws related to the health, safety and well-being of persons; AND WHEREAS Section 119 of the Municipal Act, 2441, S.O. 2041, c.25, as amended, authorizes a municipality to prohibitor regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows ar any other weapons; AND WHEREAS Council of the Corporation of the Township of Oro-Medonte has, by by-law, established regulations with respect to animal contra) and parking/standing of vehicles; AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it expedient, and in the public interest, to enact a by-law establishing regulations with respect to municipally-owned or controlled parkland and municipally-owned lands used for recreational purposes within the Township; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. DEFINITIONS DIRECTOR means the Director of Recreation and Community Services of The Township of Oro-Medonte or his/her designate. MOTORIZED VEHICLE includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this by-law, and any other vehicle propeNed or driven otherwise than by muscular power, but does not include a motorized snow vehicle. MOTORIZED SNOW VEHICLE means aself-propelled vehicle designed to be driven primarily on snow. MUNICIPAL PARKLAND means all lands owned by or belonging to The Township o#Oro-Medonte and as otherwise may be designated for use as a public park, open space, dock or wharf, including any and ail buildings, structures, facilities, erections and improvements located in or on such land, save and except where such land is governed by other By-laws of the municipality. RECREATIONAL. VEHICLE means a boat, ail terrain vehicle, off road vehicle, personal water craft, motorcycle, or snowmobile, motorized or other means of power. SERVICE DOG means a dog used by a person for reasons relating to his/her disability. TREE means the member of any coniferous or deciduous species having one or more salt supporting trunkslstems and includes the roots, branches, trunklstems, or any part thereof. WATERCRAFT means any device for conveyance in ar on water and includes, but is not limited to, boats, row boats, sailboards, kayaks, ar dinghies. 2. PROHIBITItJNS HOURS C!F C?PERATION: a) No person shag enter into or remain in a park between the hours of 23:00 hours (11:00 p.m. }and 05:00 hours {5:00 a.m.} inclusive. b) The hours of operation far the following facilitiestmunicipal lands, shall be in accordance with the Township's current practices and agreements: i} Ora-Medonte Railtrail ii} Edgar Community Hall iii} Eady Community Hall iv) Hawkestone Community Hall v} Jarratt Community Hall vi} Warminster Community Hall vii) Craighurst Community Hall viii) Carley Community Hall ix} Old Town Hall x} Ian Beard Community Complex xi} Ora-Medante Community Arena CONDUCT: c) No person shall indulge in riotous, bais#erous, threatening, indecent or nuisance conduct or abusive, threatening or pro#ane language. d} No person shall willfully or maliciously damage, remove, deface any trees, shrub, grass, plant, sand, gravel, sail, rock, building, monument, fence, bench, ar other structure. e) Na person shall engage in the playing ar practice of golf, archery, "ball" or "ball and baY' games, except on grounds especially designated for such purpose, and under na circumstances within 20 feet of any driveway. f} No person shall ski, toboggan, snawboard, skibob or sled in an area, except where signs authorizing such activities have been erected. g) Na person shall discharge a gun or other firearm, air-gun, spring-gun, paintball gun, sling shot, cross-bow, tang-bow or any other weapons. h) No person shall scatter, drop or leave, any piece of paper, rag, garbage, empty container ar other bottle or any glass articles or broken glass articles or rubbish of any kind, except in receptacles provided for the deposi# of refuse. i) No person shall enter any place ar location where the sign "No Admittance" is displayed. j) No person shall distribute any handbills ar circulars, or post, place or erect any bills, notice or paper, or advertising device or matter of any kind except with the written permission of the Township. ,~ k} No person shall sell, or offer for sale, or expose any merchandise, article or anything for immediate or future delivery, or any art, skill or service exercised or performed immediately or in the future. 1} No person shall practice, carry on, conduct or solicit for any trade, occupations, business, or profession, unless authorized in writing by Council. m} No person shag build, ignite or stoke a fire. n} No person shall use a solid fueled portable barbeque unless in an area posted to allow the same. o} No person shall camp or lodge therein. p) No person shah install or erect any temporary or permanent tent or structure in any municipal parkland, without written approval from the Director of Recreation and Community Services q} No person shall plant, cultivate, groom, or landscape thereon unless authorized in writing by the Township. MOTORIZED VEHCILES/RECREATIONAL VEHICLES: r} No person shall operate or use any off-roadtall-terrain vehicle. s) No person shall operate a motor vehicle unless in a designated parking area. t) No person shall operate or use motorized snow vehicles except: i. in the event of an emergency involving personal injury, motorized snow vehicles shall be permitted. ii. to provide access to the lakes at the following park locations: Bayview Memorial Park, Shelswell Park, Southside Bass Lake and the parkland adjacent to the 12"' Line End-of-Road Allowance. iii. on the Oro-Medonte Lake County Railtrail and specific road allowances by agreement with the Ontario Federation of Snowmobile Clubs. iv. as otherwise authorized in writing by the Township. u) No person shall launch any motorized watercraft from any park into any lake in an area not designated as a boat launch. v) No person shall use any watercraft in the waters of any designated swimming area. w) No person shall dock watercraft at the foot of Blackman Avenue. x) No person shalt dock or moor watercraft at any Municipal Dock or Wharf for period of longer than 2 hours, except when authorized in writing by Council. y} No person shall fasten or attach any device to a motorized vehicle or motorized recreational vehicle for the purpose of being towed, drafted or otherwise pulled. ANIMALS: z) No person shall bring any animal onto Municipal Parkland or municipally awned lands used for recreational purposes, except a dog unless authorized in writing by Council. No person shall lead ar let loose any kind of dog in Bayview Memorial Park, with the exception of a service dog, which shall be under control, as defined in the Township's Animal Control By-law. While in a park, every person as owner or person having control of any dog shall; a} Ensure that the dog is an a leash or chain not exceeding 1.9 metres (6 feet). b) Immediately remove any excrement left by such dog, and dispose of such excrement in a sanitary manner, in accordance with the Township's Rnimal Cantral By-law. 3. EXEMPTIONS: Council may grant an exemption to Section 2 ar any part thereof and may require compliance with requirements of the municipality with respect of such exemption. 4. ENFORCEMENT & FINES: Every persan who contravenes any Provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Acf. Fi.S.O. 1990, c. P.33 and every such fine is recoverable under the Provincial Offences Rct. 5. SEVERABILITY CLAUSE: In the event that any provision of this by-law is quashed or is declared ar otherwise found to ultra vrres or unenforceable by the Township, such clause shall be deemed to have been severed from the remainder of the by-law. 6. By-law No. 2004-085 is hereby repealed. 7. This By-law shall come into farce and effect on its final passing. READ A FIRST AND SECOND TIME THIS 25T" DAY OF FEBRUARY, 2009. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-028 A By-law to amend the zoning provisions which apply to lands within Part of Lat 22, Concession 10, Township of Ora-Medonte by placing a Holding {H} provision to the lands. (Johnstone} WHEREAS the Council of the Corporation of the Township of Oro-Medante is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.Q. 1980, c.P.13. AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to impose a Holding Provision pursuant to Section 36 of the Planning Act, R.SA. 1990, and c.P.13. AND WHEREAS Council deems it appropriate to rezone the lands to permit the Holding Provision, in accordance with Section E1.3 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medante enacts as follows; 1. Schedule `A10' to Zoning By-law No. 97-85 as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 22, Concession 10, in the former geographic Township of Ora, now in the Township of Ora-Medonte, from AgricuiturallRural (AtRU} Zone to AgricuiturallRural Holding (AtRU (H} }Zone as shown on Schedule `A' attached hereto and forming part of this By-law. 2. The (ands zoned Agricultural/Rural (AtRU) Zone shall be subject to a Holding (H} Provision in accordance with Section 2.5 of By-law 87-85, as amended. The Holding Provision shall not be removed until a Site Plan Agreement that is satisfactory to Council has been entered into. 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 25T" DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Sch+~dule 'A' to By-Law No. 2009-0~!8 This is Schedule 'A' to By-Law 20Q9.428 passed the day of , 2Q09. Mayor H.S. Hughes Clerk J. Douglas Irwin t 1~ w~ LANDS TO BE REZONED FROM .. AGRICULTURALtRURAI (A1RU) TO C,,:_.,__ AGRICULTURAL/RURALNOLD{AtRU'N) (r -ENVIRONMENTAL PROTECTION ZONE li ,\~ ~'.~~ TOWNSHIP OF ORO-MEDONTE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW N0.2009-029 a BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO•MEDONTE AND JEFF AND SUSAN WARING TO ALLOW FOR TWO DWELLINGS AND TO REPEAL BY-LAW N0.2008-132 WHEREAS the Municipal Act, 2401,S.C7.200i, c.25, Section 224, as amended, states that it is the rate of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Ora-Medonte deems it desirable to enter into an agreement dated October 8, 2008, far a 12 month period from the date of building permit issuance, with Jeff and Susan Waring to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling at 1066 Warminster Sideraad, West Part of Lat 6, Concession 11 (Medonte), Township of Oro-Medonte. NOW THEREFORE the Council of the Township of Ora-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law; THAT By-law 2008-132 is hereby repealed in its entirety; THAT this by-law shall take effect an the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 25T" DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule "A" to By-law No. 24Q9-029 RGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, We, Jeff and Susan Waring, of the Township of Oro-Medonte {formerly Township of Medonte} in the County of Simcoe, covenant and agree as follows: 1. That we are the registered owners of West Part of Lot 6, Concession 11 being more particularly described as 1066 Warminster Sideroad. 2. That we have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in our existing dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the pravisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That we hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following pravisions: a} That such permission is granted far the twelve month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and b} That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing dwelling is to be removed within one month to the satisfaction of the Township's Chief Building Official; and c} That application to the Township of Ora-Medonte for a temporary use permit will be made forthwith {Fee $100.00}. 4. That certified funds in the amount of $20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a} Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corpora#ion of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. ~. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Date Susan Waring, Owner Mayor, N. S. Hughes Jeff Waring, Owner Clerk, J. Douglas Irwin Witness ~ ~* THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW N0.2009-030 A By-law to amend the Zoning provisions which apply to lands within Part 1, RP 5i R-31716, East Part of Lot 13, Concession 5, Former Township of Oro, now in the Township of Oro-Medonte {2008-ZBA-16) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.D. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses,rn accordance with Section C1 of the Qfficial Plan; NOW THEREFORE the Council of the Corporation of the Township of Qro-Medonte hereby enacts as follows: 1. Schedule `A13' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located at Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Former Township of Oro, now in the Township of Qro-Medonte, from AgriculturallRural Exception 155 (AlRU'155) Zone to the AgriculturallRural Exception (A1RU) Zone as shown on Schedule `A' attached hereto and forming part of this By-law. 2. Section 7 -Exceptions of Zoning By-law 97-95 as amended is hereby further amended by the addition of the foNowing subsection: "7.155 t155 -Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5 (Former Caro) Notwithstanding any other provisions in this By-law, a "Residential Care Home" is not permitted on the lands denoted by the symbol "' 155 on the schedules to this By-law. In addition, the minimum lot area tar any other permitted use is 3.6 hectares." 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 25T" DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ;,, y;` Schedule ~A' to By-taw No. 2Cl09-t}3Ci This is Schedule 'A' to By-Law 2009-038 passed the day of , 2009. Mayor H.S. Hughes Clerk J. Douglas Irwin xi r-~ IANDS TO BEZON~ AGRICULTURALIRURAI EtCEPTION 155 (Ah~U'155) ZONE TOWNSHIP OF ORO-MEDONTE (FILE 2008-ZBA-18) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO.20Q9-027 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, FEBRUARY 25, 2009 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOt_~OWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, February 25, 2009, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do a8 things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 25"' DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25"' DAY OF FEBRUARY, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin