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12 16 2009 SpCouncil AgendaTownship o_f Proud HeritgQe, Excithuq Future Page TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, DECEMBER 16, 2009 TIME: IMMEDIATELY FOLLOWING COMMITTEE OF THE WHOLE MEETING 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. ADOPTION OF AGENDA a) Motion for Adoption. 4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 5. REPORTS OF COMMITTEES: a) Recommendations of Committee of the Whole meeting held on December 16, 2009. 6. BY-LAWS 4-7 a) By-Law No. 2009-175 Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2005-041 (Third Reading Only). 8-11 b) By-Law No. 2009-176 Being a By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and the City of Orillia for the Provision of 9-1-1 Central Emergency Reporting Bureau (CERB) Services and to Repeal By-Law No. 2007-027 (Third Reading Only). 12-19 c) By-Law No. 2009-171 Being a By-law to License and to Regulate Refreshment Vehicles and to Repeal By-Law No. 2003-032. 20-23 d) By-Law No. 2009-177 Being a By-law to Authorize the Execution of a Tax Arrears Extension Agreement. Page 1 of 39 Page 6. BY-LAWS 24-25 e) By-Law No. 2009-180 Being a By-law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Underground Works) for Landscapes at Horseshoe Valley -Laurel view (HV) Inc. -Phase 1, Registered Plan 51 M-741. 26-27 f) By-Law No. 2009-181 Being a By-law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Works) for Laurel View Homes (HV) Inc. -Phase 1 , Registered Plan 51 M- 741. 28-29 g) By-Law No. 2009-182 Being a By-Law to change the zoning provisions which apply to the lands within Part of Lot 2, Concession 6, Pt of Blk A Plan M-9, known as Lot 3, Part of Lot 3, Concession 6, Pt of Blk A Plan M- 30, known as Lot 13, Part of Lot 3, Concession 6, Pt of Blk D Plan M-8, known as Lot 14, (former Township of Oro), Township of Oro-Medonte, County of Simcoe (Indian Park Association Lot 3, Lot 13, and Lot 14). 30-31 h) By-Law No. 2009-183 Being a By-law to change the zoning provisions which apply to the lands within Part of Lot 3, Concession 6, Pt of Blk B Plan M-30, known as Lot 4, Part of Lot 3, Concession 6, Pt of Blk B Plan M- 30, known as Lot 5 (former Township of Oro), Township of Oro-Medonte, County of Simcoe (Indian Park Association Lot 4 and Lot 5). 32-33 i) By-Law No. 2009-184 Being a By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 14, (Former Township of Medonte), now in the Township of Oro-Medonte (Andersen 2008-ZBA-13). 34-35 j) By-Law No. 2009-185 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Underground Works) for Heights of Moonstone - Phase 1 , Registered Plan 51 M-679 [To be distributed at the meeting]. 36-38 k) By-Law No. 2009-186 Being a By-law to Amend By-law No. 2009-022, 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 Oro-Medonte And to Repeal By-law No. 2009-128. Page 2 of 39 Page 7. CONFIRMATION BY-LAW 39 a) By-Law No. 2009-179 Being a By-Law to Confirm the Proceedings of the Special Council Meeting Held on Wednesday, December 16, 2009. 8. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 9. ADJOURNMENT a) Motion for Adjournment. Page 3 of 39 Agenda Item # 6a) - Being a By-law to Authorize the Execution of an Agreement fo... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-175 Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2005-041 WHEREAS Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that municipalities may enter into agreements with other municipalities for joint undertakings; AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, authorizes a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; AND WHEREAS the Township of Oro-Medonte and the City of Orillia are desirous of entering into an agreement for Fire Dispatch Services; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Township of Oro-Medonte enter into an agreement with the City of Orillia for Fire Dispatch Services, a copy of which is attached hereto and forms part of this By-law as Schedule "A°. 2. That the Mayor and Clerk are hereby authorized to execute the agreement on behalf of the Corporation. 3. That this agreement comes into effect on the V t day of February, 2010 and shall continue in force until the 3151 day of December, 2012. 4. That By-Law No. 2005-041 is hereby repealed in its entirety effective February, 1, 2010. 5. That this By-law shall come into full force and effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 9m DAY OF DECEMBER, 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 4 of 39 Agenda Item # 6a) - Being a By-law to Authorize the Execution of an Agreement fo... MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9th DAY OF DECEMBER 2009 BETWEEN: AND: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain fire dispatch services to the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. The Township agrees to install and maintain in the City's fire dispatch centre at the Township's expense all radio equipment necessary to enable all Township fire fighters to receive radio communications from the City's fire dispatch centre and to enable two-way radio communications between all Township fire vehicles and the City fire dispatch centre. 2. The Township agrees to supply its fire fighters with radio equipment designed to receive fire call communications from the City's fire dispatch centre. 3. FIRE CALLS: The City agrees to answer fire calls for the Township and to transmit such fire calls to the Oro-Medonte Township Fire Department. 4. OTHER FIRE SERVICE COMMUNICATION REQUIREMENTS: The City agrees to transmit fire department related messages as required. Page 5 of 39 Agenda Item # 6a) - Being a By-law to Authorize the Execution of an Agreement fo... -2- 5. The Township agrees to pay the City the $ 1.74 per capita rate for 2010 beginning February 1, 2010 for the service of dispatching the Township fire fighters and fire apparatus based on the population shown in the current Ontario Municipal Directory and updated annually during the term of this contract. Adjustments will be made each subsequent January 1St as per the Consumers Price Index (annual average published by Statistics Canada each preceding September) until the expiry of the contract on December 31, 2012. 6. The Township agrees that should fire calls come in simultaneously from the City and the Township to the City's Fire Hall, the City's call shall have preference. 7. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability Policies with respect to and arising out of the operations and responsibilities undertaken by either party under this agreement. 8. The Township covenants and agrees that it will at all times indemnify and save harmless the City and the members of the Orillia Fire Department or any other person who may render or attempt to render assistance in the spirit of the Agreement from all and any liability, claims, actions, suits or demands for damages or otherwise for or by reason of or arising in any way from delivery of the fire service communications to the Township. 9. The Township agrees that any cost of any modifications to City dispatching hardware, the radio equipment, radio transmissions tower, or City telephone systems which are required to satisfy the needs of the Township shall be assumed by the Township. 10. In the event that the territory that the fire dispatch services are provided to in the Township is expanded or reduced, the rates contained in this agreement will be renegotiated accordingly. 11. The Township agrees to provide a large detailed scale map, street directory, new subdivision layouts, etc. along with copies of all fire protection agreements made between other municipalities and ambulance for fire and first aid protection coverage. The map will be coloured so that the coverage areas agreed to under the various fire protection agreements mentioned above can be easily identified. This will be updated as required. -3- Page 6 of 39 Agenda Item # 6a) - Being a By-law to Authorize the Execution of an Agreement fo... 12. The Township agrees to supply in writing the method and level that is required to page fire calls, practices, ambulance assistance or tiered response or other required dispatch protocol. 13. This agreement may be terminated by either party upon 90 days written notice. An appropriate pro-rating of fees would be arranged. This agreement comes into effect on the 1St day of February, 2010 and shall continue in force until the 31St day of December, 2012. Dated at the City of Orillia this day of 120 THE CORPORATION OF THE CITY OF ORILLIA MAYOR CITY CLERK THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, H.S. HUGHES CLERK, J.D. IRWIN HALegal Affairs\L04 Contracts\Communications\Comm Agrmt Oro-Medonte 10-12.doc Page 7 of 39 Agenda Item # 6b) - Being a By-law to Authorize the Execution of an Agreement be... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-176 Being a By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and the City of Orillia for the Provision of 9-1-1 Central Emergency Reporting Bureau (CERB) Services and to Repeal By-Law No. 2007-027 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws with respect to the health, safety and well-being of persons; AND WHEREAS Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that municipalities may enter into agreements with other municipalities for joint undertakings; AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, authorizes a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that it is the role of Council to ensure that the administrative policies, practices and procedures are in place to implement the decisions of Council; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; AND WHEREAS Bell Canada supplies the Township of Oro-Medonte and the City of Orillia with features and services which allow for the operation of a Central Emergency Reporting Bureau (CERB); AND WHEREAS the Township of Oro-Medonte wishes to contract with the City of Orillia for the management and operation of the CERB using the features and services supplied by Bell Canada; AND WHEREAS the Township of Oro-Medonte and the City of Orillia are desirous of entering into an agreement for 911 Central Emergency Reporting Bureau (C.E.R.B.) services; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Township of Oro-Medonte enter into an agreement with the City of Orillia for 911 Central Emergency Reporting Bureau (C.E.R.B.) services, a copy of which is attached hereto and forms part of this By-law as Schedule "A". 2. That the Mayor and Clerk are hereby authorized to execute the agreement on behalf of the Corporation. 3. That this agreement comes into effect on the 14`h day of March, 2010 and shall continue in force until the 31st day of December, 2012. 4. That By-Law No. 2007-027 is hereby repealed in its entirety effective March 14, 2010 5. That this By-law shall come into full force and effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 91h DAY OF DECEMBER, 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 8 of 39 Agenda Item # 6b) - Being a By-law to Authorize the Execution of an Agreement be... MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9th DAY OF DECEMBER, 2009 BETWEEN: AND: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain 911 Central Emergency Reporting Bureau (C.E.R.B.) services to the Township; AND WHEREAS Bell Canada has installed the 911 equipment and the enhanced 911 system is operational for the City and the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. The 911 answering bureau (C.E.R.B.) shall be a part of and located in the City of Orillia Fire Department Communications Centre and they shall receive and answer all emergency calls from the public and transfer them to the appropriate police, fire and ambulance services. 2. The basic function of the 911 answering bureau (C.E.R.B.) shall be the initial answering of the 911 calls from the public and transfer of those emergency calls to the appropriate agency. 3. The City shall be responsible for the management and operation of the 911 answering bureau (C.E.R.B.), including equipment and personnel. 4. The City shall operate the 911 answering bureau (C.E.R.B.) twenty-four (24) hours a day, seven (7) days a week. Page 9 of 39 Agenda Item # 6b) - Being a By-law to Authorize the Execution of an Agreement be... -2- 5. The City shall staff the 911 answering bureau (C.E.R.B.) at a level appropriate to efficiently handle call lines in a manner suitable for emergency situations. 6. The City shall be responsible for the efficient operation of the 911 answering bureau (C.E.R.B.) and the rapid and accurate discharge of the duties of the 911 bureau operators and the selection and training of personnel. 7. The City shall log and tape-record all 911 calls and retain such logs and recordings as required. The Township shall have reasonable access to review all tape recordings and time records of the 911 answering bureau (C.E.R.B.) pertaining to any 911 situation that relates to that township. 8. The City shall provide a back-up Central Emergency Reporting Bureau (C.E.R.B.) to which 911 calls will be directed in the event that the primary bureau is unable to accept the calls for any reason. 9. The Township shall provide to Bell, in written form, all geographical information, including street names, addresses and borders within their municipal 911 serving area, and shall be responsible for providing Bell with all changes that may occur in any such geographical area during the term of the Agreement. 10. The Township agrees to pay to the City $0.80 per capita for 911 service based on the population shown in the current Ontario Municipal Directory and updated annually during the term of this contract until its expiry on December 31, 2012. 11. The City and the Township and representatives of the 911 emergency services shall meet at least annually and more frequently if required, where issues regarding the 911 answering service (C.E.R.B.) would be discussed. 12. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability Policies with respect to and arising out of the operations and responsibilities undertaken by either party under this agreement. Page 10 of 39 Agenda Item # 6b) - Being a By-law to Authorize the Execution of an Agreement be... -3- 13. The Township covenants and agrees that it will at all times indemnify and save harmless the City and the members of the Orillia Fire Department or any other person who may render or attempt to render assistance in the spirit of the Agreement from all and any liability, claims, actions, suits or demands for damages or otherwise for or by reason of or arising in any way from delivery of the 911 answering service (C.E.R.B.) to the Township. 14. This agreement may be terminated by either party upon 90 days written notice. An appropriate pro-rating of fees would be arranged. 15. This agreement comes into effect on the 14th day of March, 2010 and shall continue in force for a two-year period until midnight on the 31st day of December, 2012. Dated at the City of Orillia this day of , 20 THE CORPORATION OF THE CITY OF ORILLIA MAYOR CITY CLERK THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN HALegal Affairs\L04 Contracts\Communications\911 Oro Medonte 10-12.doc Page 11 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-171 Being a By-law to License and to Regulate Refreshment Vehicles and to Repeal By-Law No. 2003-032 WHEREAS the Municipal Act, S.O.2001, c.25, as amended, s.11 authorizes a lower- tier municipality may pass by-laws, respecting health, safety and well-being of persons; protection of persons and property, including consumer protection. AND WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.150 sets out that except as otherwise provided, a municipality may provide for a system of licenses with respect to a business AND WHEREAS Council deems it appropriate to license and to regulate refreshment vehicles. NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. DEFINITIONS 1.1 For the purpose of this by-law the following definitions shall apply: a) "Council" means the Council of The Corporation of the Township of Oro- Medonte. b) "Health Unit" means the Simcoe Muskoka District Health Unit and includes any successor or assign. c) "License" means a refreshment vehicle license as issued pursuant to the provisions of this by-law. d) "Licensed Contractors" means a person or a group of persons that are professionally licensed, bonded, and insured to deal in all aspects of natural or propane gas installs, repairs, sales and service. e) "Municipal Law Enforcement Officer" means any person appointed by the Township as for the purposes of enforcing the by-laws of a municipality. f) "Park" means all lands owned by or belonging to The Township of Oro-Medonte and as otherwise may be designated for use as a public park, open space, dock or wharf, including any and all 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. g) "Person" shall mean an individual human being, his/her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. h) "Police Officer" or "Peace Officer" means a Municipal Law Enforcement Officer employed by the Township or an officer who is a member of the Ontario Provincial Police or such other police force as may be contracted from time to time to service the Township. i) "Refreshment Vehicle" shall mean a vehicle as defined herein in accordance with the Highway Traffic Act, R.S.O., 1990, c.H.8, as amended, from which refreshments are sold. Page 12 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... - 2 - j) "Refreshments" shall mean but shall not be limited to such items as fish, french fries, hot dogs, sausages, hamburgers, ice cream, beverages and similar items which can be sold from a vehicle which conforms with the requirements of this By-law and any other regulations that any other agency or Ministry may impose. k) "Service Club" means a non-profit, charitable organization established within the Township of Oro-Medonte. 1) "Township" shall mean The Corporation of the Township of Oro-Medonte. m) "Trailer" shall mean any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed. n) "Vehicle" shall mean a motor vehicle, trailer, traction engine, farm tractor, road- building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car. o) "Zone" shall mean a designated area of land use as identified in the Township Zoning By-law 97-95, as amended. 2. LICENSING 2.1 No person shall carry on, conduct, operate, lease or maintain a refreshment vehicle within the corporate limits of the Township without a license. 3. APPLICATION FOR LICENSING 3.1 Application for a license under this By-law shall be made to the Clerk in the prescribed form in Schedule "B" attached hereto which forms part of this By-law. 3.2 Each application shall be accompanied by appropriate approvals from the following agencies or ministries: i) Annual Inspection Report from the Health Unit; ii) Ministry of Transportation Clearance/Permit for Provincial Highways;(if applicable) iii) County of Simcoe Clearance/Permit for County Roads (if applicable). 3.3 Where a vehicle is powered by gas or propane, each application shall be accompanied by an annual Certification of Inspection by an authorized inspector for gas or propane installation by a licensed contractor. 3.4 Each application shall be accompanied by a letter from the Owner's insurance company assuring the refreshment vehicle owner carries a minimum of two million dollars public liability, property damage inclusive, against loss or damage resulting from bodily injury to or the death of one or more persons, or from loss of or damage to, property resulting from any one incident. In addition, all refreshment vehicle owners shall provide the Township of Oro-Medonte with a copy of the liability certificate, which covers both the licensee and the municipality in the amount of $2,000,000.00 (Two Million Dollars). Such insurance shall contain an endorsement specifying that the municipality shall be given a minimum (30) thirty days written notice of any change, expiration, or cancellation of such policy. Page 13 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... - 3 - 3.5 Each application shall be accompanied by a letter of permission from the property owner where the vehicle is to be located when the operator is not the owner of the property. 3.6 Each application shall be circulated by the Clerk's Department to the following for approval: i) Fire and Emergency Services Department; ii) Planning Division; iii) Transportation Services; iv) Municipal Law Enforcement. 4. FEES 4.1 Prior to the issuance of a Refreshment Vehicle License, the applicant shall pay such fee as set out in Schedule "A" attached hereto and forming part of this by- law. 5. REQUIREMENTS OF LICENSEE 5.1 Every licensee shall: a) ensure that every refreshment vehicle is equipped with a metal refuse container with a self closing lid, and such container shall be kept in a clean and sanitary condition and emptied at least once daily; or a disposable litter container which shall be replaced at least once daily; and such containers shall be used for the disposal of all refuse. b) ensure that every refuse container is located in such a position on the vehicle so as to be easily accessible by persons making purchases while the vehicle is stopped; c) ensure that the vehicle and all parts and equipment for use in the dispensing of refreshments are maintained in a clean and sanitary condition and at all times in good repair; d) ensure that hard ice cream and related products are maintained in a hard condition in the vehicle at all times; e) ensure that no thawed or partially thawed products are refrozen, stored or sold from the vehicle; f) ensure that soft ice cream and related products are stored in a refrigerated cabinet suitable for the storage of soft ice cream and related products, as approved by the Health Unit; g) ensure that all foodstuffs are wrapped or sold in individual packages; h) ensure that adequate refrigeration, as approved by the Health Unit, is provided for perishable foodstuffs which shall be kept so refrigerated; Page 14 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... - 4 - i) ensure that the date of expiration is clearly and legibly marked on or affixed to the wrapper of all sandwiches or pre-packaged food stuffs sold from the vehicle; j) ensure that beverages, which shall include but shall not be limited to, milk, juices, and soft drinks are only sold in individual disposable containers; k) ensure that where a vehicle is powered by propane, the vehicle is inspected and certified at the time of application and on an annual basis by an authorized inspector and such certification shall be filed with the Issuer of Licenses annually in the month of January, or at the time of application, or as may be required; 1) ensure that where the vehicle is powered by propane, or as otherwise may be required by the Chief Fire Official or the Issuer of Licenses, a minimum five pound ABC dry chemical fire extinguisher shall be mounted on the vehicle and the operator of such vehicle shall be knowledgeable in the proper use of such fire extinguisher; m) ensure that vehicles from which hot, prepared foods are sold are so equipped as to maintain such foods so heated at a temperature as approved by the Health Unit; n) ensure that no LPG (liquified petroleum gas) LNG (liquified natural gas) or any combustible fueled appliance is operated within 10 feet (3 metres) of any structure, door, window, or opening which shall include an alcove or alleyway; o) ensure that the vehicle is free from holes, crevices or cracks and the surface is readily washable and is kept clean and in good condition; p) ensure that only single service condiments, milk, cream and sugar are used; q) ensure that only single service disposable cups, plates, forks, spoons, knives and containers are used and serviettes shall be provided from a dispenser. r) ensure that a recycling container is available. 5.2 Every person selling or handling refreshments and foodstuffs shall be clean and neat in appearance and shall maintain clean hands at all times. 5.3 No person employed with any licensee under this Section shall be suffering from any form of contagious disease while actively engaged in his work. 5.4 No licensee shall permit any individual other than a bona fide employee to operate the refreshment vehicle. 5.5 Every vehicle shall have posted or painted, in a contrasting colour, on one side, in clearly visible letters, the name of the business. 5.6 Every license issued under this By-law shall be displayed in a conspicuous location on the vehicle and shall be produced on demand by any Police or Peace Officer or an Official of the Township assigned the duties of enforcing this By- law. 5.7 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal Law Enforcement Officer in the exercise of a power or the performance of a duty under this By-law. 5.8 No refreshments shall be sold from a vehicle drawn by an animal. Page 15 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... - 5 - 5.9 No vehicle licensed under this By-law shall purport to sell or sell refreshments to the public while situated, standing or parked on a public highway, park or playground, or other public property within the corporate limits of the Township, unless having obtained Council authorization. 5.10 No vehicle licensed under this By-law shall be permitted in residential areas. 5.11 Refreshment vehicles licensed under this By-law shall be permitted to operate on commercially zoned private property. 6. EXPIRY 6.1 A license shall terminate on December 31St of each year, regardless of the date it was obtained from the Township. 6.2 No person shall continue to operate under the authority of an expired license. REVOCATION 7.1 The Township may revoke, refuse or cancel any license at any time that does not comply or continue to comply with the provisions of the By-law. Notice of revocation of any license may be given by the Township by registered letter signed by the Clerk, mailed or delivered to the last known address, and the license shall then cease and terminate and be of no further effect. 8. ENFORCEMENT & FINES 8.1 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. 8.2 The conviction of an offender upon the breach of any provisions of this By-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the Judge or Justice may convict any offender repeatedly for continued or subsequent breaches of the By- law and the provisions of the Municipal Act, S.O. 2001, c.25, as amended, from time to time, shall further apply to any continued or repeated breach of this By- law. 8.3 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of Council or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any other provisions of the By-law which shall remain in full force and effect. 9. EXEMPTIONS 9.1 Notwithstanding the provisions of this By-law, no person shall be required to submit a license fee when refreshments are offered for sale in conjunction with the Oro World Fair or any Council authorized event for which prior approval of Council has been obtained or where the vehicle is accessory to a permitted use under the Zoning By-law. Page 16 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... - 6 - 9.2 Notwithstanding the provisions of this By-law, provided that the primary business is located in another municipality, a license will not be required for a vehicle with a valid license from another Municipality within the County of Simcoe, that sells refreshments that are refrigerated or maintained in a heated state, and sold at construction and business sites within the Township of Oro-Medonte. 9.3 Notwithstanding Section 5.11, any refreshment vehicle that applied for a license and operated during 2009, shall be eligible for a license provided that the refreshment vehicle complies with all other provisions of this By-law. 9.4 Notwithstanding Sections 9.2 and 9.3, all other requirements of this by-law shall be met to maintain the safety of the public. 10. ENACTMENT 10.1 This By-law shall come into full force and effect on the date of its final passing. 10.2 This By-law may be referred to as the "Township of Oro-Medonte Refreshment Vehicle By-law". 10.3 By-law 2003-023 of the Council of The Corporation of the Township of Oro- Medonte is hereby repealed in its entirety. 11. GENERAL 11.1 That Schedules "A" and "B" as set out herein and attached hereto form part of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD AND FINAL TIME THIS DAY OF , 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 17 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... SCHEDULE "A" TO BY-LAW NO. 2009-171 FEES Annual License Fee $300.00 Note: Any change to Schedule "B" to By-Law No. 2009-171 is subject to a new license.. Page 18 of 39 Agenda Item # 6c) - Being a By-law to License and to Regulate Refreshment Vehicl... BY-LAW NO. 2009-171 SCHEDULE"B" TOWNSHIP OF ORO-MEDONTE APPLICATION TO OPERATE A REFRESHMENT VEHICLE ❑ License Fee: $300.00 APPLICANT IDENTIFICATION: Registered Name of Business Name of Applicant Address of Applicant Operating Business Address Mailing Address Postal Code Telephone Numbers: Residence Contact Person/Position Name Type of Vehicle Being Used Type of Food Being Served Proposed Location of Vehicle Days of Operation Hours of Operation a.m. to p.m. Is a `Deep Frye" Being Installed? OTHER INFORMATION Owner of Property Vehicle to be Located On Address of Property Owner Letter of Permission from Property Owner: Inspection Report from Health Unit: Letter from Insurance Company: Certificate of Inspection from Licensed Contractor: Ministry of Transportation Clearance/Permit: County of Simcoe Clearance/Permit: OFFICE USE ONLY The following approvals must be completed before the license can be issued. I Fire Chief I Date Division I Date rERunicipal nation Division I Date Law Date Enforcement Officer Dated this day of Position Received 0 Received ❑ Received ❑ Received ❑ Received ❑ Received ❑ Signature of Owner/Agent Witnessed by Township Staff Business Page 19 of 39 Agenda Item # 6d) - Being a By-law to Authorize the Execution of a Tax Arrears E THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-177 Being a By-law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 1s' day of October, 2009 a tax arrears certfficate against the land described in Schedule "A" attached hereto and forming part of this By-Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended provides that a municipality may by By-law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with the owners of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond October 1~', 2010. 2. THAT the agreement be substantially the same form and contain the same terms and conditions as set out in Schedule "B" attached hereto and forming part of this by-law. 3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of the Corporation. THAT this By-law shall have effect immediately upon final passing. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW READ A FIRST AND SECONDTIME THIS 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD AND FINAL TIME THIS 16TH DAY OF DECEMBER, 2009. Mayor,H.S. Hughes Clerk, J. Douglas Irwin Page 20 of 39 Agenda Item # 6d) - Being a By-law to Authorize the Execution of a Tax Arrears E THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE"A" BY-LAW NO. 2009-177 Description of the land: Roll # 43 46 010 001 17600 Con 2 Lot 23 N PT Lot 22 RP 51818171 Part 1 Page 21 of 39 Agenda Item # 6d) - Being a By-law to Authorize the Execution of a Tax Arrears E... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE"B" BY-LAW NO. 2009-177 THIS AGREEMENT made in triplicate the 16th day of December, 2009. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" Hereinafter called the "Owner' WHEREAS the owner is the owner of the land in the Township of Oro-Medonte described in Schedule "A" attached hereto and forming part of this agreement. AND WHEREAS the said land is in arrears of taxes on the 4th day of December, 2009 in the amount of $14,604.06 and a tax arrears certificate was registered in the Registry Office on the 1" day of October, 2009 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By-law, authorize an extension agreement be entered into by the Corporation with the landowner to extend the period of time in which the cancellation price in respect to the said land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Owner agrees to pay to the Corporation the sum of $500.00 (five hundred) dollars monthly, commencing on the 31st day of December, 2009, to and including the 31 st day of December, 2014. 2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay all taxes levied on the land as they become due during the tenor of this Agreement. 3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O. 2001, C.25, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in Clauses 1 and 2, during the time the Agreement is in force so long as the Owner is not in default hereunder. 4. In the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 5. Immediately upon the Owner making all the payments required under paragraphs 1 and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said land. 6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other person may at any time pay the balance of the cancellation price and upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 7. This Agreement shall extend to and be binding upon and ensure to the benefit of the Parties and to their respective heirs, successors and assigns. Page 22 of 39 Agenda Item # 6d) - Being a By-law to Authorize the Execution of a Tax Arrears E Pape 2 Schedule "B" By-Law No. -no-07-/77 8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: 1591 Line 1 N RR 2 Shanty Bay ON LOL 21-0 In WITNESS WHEREOF the Owners has hereunto set his hand and seal and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper Officers. SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF Witness Witness Witness Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 23 of 39 Agenda Item # 6e) - Being a By-law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-180 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Underground Works) for Landscapes at Horseshoe Valley -Laurel view (HV) Inc. -Phase 1, Registered Plan 51 M-741 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Laurel View Homes (HV) Inc. in February 2003 to construct a residential development consisting of 66 lots on Landscapes Drive, Tanglewood Crescent, and Oakmont Avenue. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Underground Works) for Landscapes at Horseshoe Valley-Laurel View Homes (HV) Inc., Registered Plan M-741 may now be issued by the Township Engineers (AECOM) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Laurel View (HV) Inc. - Phase 1. 2. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Underground Works) shall form part of this By-Law. 3. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS TH DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 24 of 39 Agenda Item # 6e) - Being a By-law to Authorize the Issuance of the Certificate SCHEDULE"A" AECO M AECOM 104he&Y5pee1 M72IM2' la Berrie. ON, C. LN- 7057-7. raz YxM!A?Wm:Cmn TOWNSHIP ENGINEERS CERTIFICATE OF MAINTENANCE AND FINAL ACCEPTANCE (UNDERGROUND WORKSI MUNICIPALITY Townshfo of Ora.Medante PROJECT Landse - at Horseshoe Valley-Phase I Plan 51M-741 DEVELOPER Laorel View Homes FILE. NO, 12-00013.50143A1111-200011 DescrioHon of the Workw Sanitary sewer system in Phase 1-in Landscapes at Horseshoe Valley; • :Storm sewer system in Phase 7'.in Landscapes at Horseshoe"Valley; • Watermain distribution system in Phase I in Landscapes at Horseshoe Valley, We, AECOM, notify the Municipality that the above mentioned workswere Inspected on October 5, 2009, and to the best of our knowledge and judgement are complete in accordance with the Subdivision Agreement, except for the deficiencies below., • NIL We; AECOM, notify the. Municipality that to the best of our knowledge and judgment 1, The Developer named herein has completed the required maintenance work, has rectified known deficiencies and has fulfilled the other terms of the Subdivision Agreement. 2. The period of maintenance of this Subdivision Agreement expires on the issuance of this. Certificate. Date: Cdg Signature: Page 25 of 39 Agenda Item # 6f) - Being a By-law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-181 Being a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Works) for Laurel View Homes (HV) Inc. -Phase 1 , Registered Plan 51 M-741 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Laurel View Homes (HV) Inc. in February 2003 to construct a residential development consisting of sixty six (66) lots on Landscapes Drives, Oakmont Avenue, and Tanglewood Crescent. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Substantial Completion and Acceptance (Aboveground works) for Laurel View Homes (HV) Inc., Registered Plan M-741 may now be issued by the Township Engineers (AECOM) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Laurel view Homes (HV) Inc. - Phase 1. 2. That the attached Schedule "A", Certificate of Substantial Completion and acceptance (Aboveground Works) shall form part of this By-Law. 3. That this. By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS TH DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 26 of 39 Agenda Item # 6f) - Being a By-law to Authorize the Issuance of the Certificate SCHEDULE"A" P7ZWM AECOM v~-• 10M.1dws"O ]as-1222 let a rre ON, Ca+e L4N IM 7057940769 fax tv.~w~axpm.CIXn TOWNSHIP ENGINEERS CERTIFICATE OF SUBSTANTIAL COMPLETION AND ACCEPTANCE JABOVEGROUND WORKS) MUNICIPALITY Townshiu of O-Medonte PROJECT Landgnanes at Horseshoe Vallev- Phase I Plan 51M-741 DEVELOPER Laurel View Homes FILE NO.., .12-00043-50 f43.OM-200011 Descriotion of the Works; Roadways in the Landscapes At. Horseshoe valley -Phase. ) Subdivision consisting of: Landscanr~ Drive from Highland Drive southerly to Tanglewood Crescent; a distance of 200 metres (Wfeet); c q a alewoq Creso nt from Landscape Drive east; then south, then west to Oakmont _Avenua;. a stance of It 435 metres (1,427 feet); Oakmont A""i from Tanglawood Crescent north, to Tanglewood Crescent south-, a distance of 200 metras..(656 feet); We, AECOM notify the Municipality that the above mentioned. works were inspected on. October 5, 2009. and to the hest: of our knowledge and judgment, are complete in accordance:with the Subdivision Agreement except forthe-deficiencies below: t NIL We. hereby: accept these works for use and operation by the Municipalitysubjecttothe rectification of the above noted deficiencies and to the rectification of any further deficiencies that,may become apparent during the maintenance period and to the,maintenance that is required by the Subdivision Agreement. The date -of Substantial Completion. and Acceptance (Abovogroyiprld(yorka) is astahl5hed by the Cerllfic aDecember ~~l! 3, 2009. Date: 7- ~st7~l Signature:- Page 27 of 39 Agenda Item # 6g) - Being a By-Law to change the zoning provisions which apply t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-182 A By-law to change the zoning provisions which apply to the lands within Part of Lot 2, Concession 6, Pt of Bilk A Plan M-9, known as Lot 3, Part of Lot 3, Concession 6, Pt of Bilk A Plan M-30, known as Lot 13, Part of Lot 3, Concession 6, Pt of Blk D Plan M-8, known as Lot 14, (former Township of Oro), Township of Oro-Medonte, County of Simcoe (Indian Park Association Lot 3, Lot 13, and Lot 14) 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.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the subject lands; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C14.2.2 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: Schedule 'A16' to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 3, Concession 6, Part of Block A, Plan M-9, known as Lot 3, Part of Lot 3, Concession 6, Pt of Blk A Plan M-30, known as Lot 13, Part of Lot 3, Concession 6, Pt of Blk D Plan M-8, known as Lot 14, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from the Public Recreation Exception 114 (PR'114) Zone to the Residential One Exception 113 Holding (R1'113 H) Zone as shown on Schedule 'A', attached hereto and forming part of this By-law. 2. The Holding Provision cannot be removed until a Site Plan Agreement has been entered into and an Archeological Study has been completed as per the Ministry of Culture requirements. 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 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S Hughes Clerk, J. Douglas Irwin Page 28 of 39 Agenda Item # 6g) - Being a By-Law to change the zoning provisions which apply t... Schedule 'A' to By-law No. 2009-182 This is Schedule 'N to By-Law 2009-182 passed the 16th day of December, 2009. ffV II ca 0 o r t i ~o ~'z r !1i U, 2 zi ® LANDS TO BE REZONED FROM PRIVATE RECREATION EXCEPTION 114 (PR-114) TO D 25 50 100 150 200 RESIDENTIAL ONE EXCEPTION 113 HOLDING (R7°113H) _ _ J Meters Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-19, 2009-ZBA-22 a 2009-ZBA-23) Page 29 of 39 Agenda Item # 6h) - Being a By-law to change the zoning provisions which apply t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-183 A By-law to change the zoning provisions which apply to the lands within Part of Lot 3, Concession 6, Pt of Blk B Plan M-30, known as Lot 4, Part of Lot 3, Concession 6, Pt of Blk B Plan M-30, known as Lot 5 (former Township of Oro), Township of Oro-Medonte, County of Simcoe (Indian Park Association Lot 4 and Lot 5) 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.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the subject lands; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C14.2.2 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A16' to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 3, Concession 6, Part of Block B, Plan M-30, known as Lot 4, Part of Lot 3, Concession 6, Pt of Blk B Plan M-30, known as Lot 5, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from the Public Recreation Exception 114 (PR" 114) Zone to the Residential One Exception 194 Holding (R1 "194 H) 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 following subsection: "7.194 '194 - Part of Lot 3, Concession 6, Parts of Block B, Plan M-30, on Huronwoods Drive, known as Lot 4 and Lot 5(former Oro) Notwithstanding any other provision in this By-law, the following provisions apply to lands denoted by the symbol '194 on the schedules to the By-law: a) Minimum required interior side yard 4.5 metres (14.7ft) b) Minimum required rear yard 8.0 metres (26.2ft) c) Minimum setback from a public street 6.0 metres (19.7ft) d) Minimum setback to a steep slope 8.0 metres (26.2ft) 3. The Holding Provision cannot be removed until a Site Plan Agreement has been entered into and an Archeological Study has been completed as per the Ministry of Culture requirements. 4. 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 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S Hughes Clerk, J. Douglas Irwin Page 30 of 39 Agenda Item # 6h) - Being a By-law to change the zoning provisions which apply t... Schedule 'A' to By-law No. 2009-183 This is Schedule 'A' to By-Law 2009-183 passed the 16th day of December, 2009. { ` V t~ ~ I Z 0 LANDS TO BE REZONED FROM PRIVATE RECREATION EXCEPTION 114 (PR-114) TO RESIDENTIAL ONE EXCEPTION 194 HOLDING (R1'194 H) Mayor H.S.Hughes Clerk J. Douglas Irwin r co J 0 2040 80 120 160 Meters TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-20 and 2009-ZBA-21) Page 31 of 39 Agenda Item # 6i) - Being a By-law to amend the zoning provisions which apply to... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2009-184 A By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 14, (Former Township of Medonte), now in the Township of Oro-Medonte (Andersen 2008-ZBA-13) 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.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C3 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A21' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 5, Concession 14, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from Agricultural/Rural Exception 15 (A/RU'15) Zone to the Residential One Hold (R1(H)) and Open Space (OS) Zones as shown on Schedule 'A' attached hereto and forming part of this By- law. 2. 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 16T" DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 32 of 39 Agenda Item # 6i) - Being a By-law to amend the zoning provisions which apply to... Schedule `A' to By-law No. 2009-184 This is Schedule'A' to By-Law 2009-184 passed the 16`h day of December, 2009. 0 -JEORGIAN_DRI.VE_O J wf~~ ~ W r I J I I I l U r ~ WARM IN STE R_SIG EROAD LANDS TO BE REZONED FRO TO RESIDENTIAL ONE HOLD 1 ❑ LANDS TO BE REZONED FRC TO OPEN SPACE (OS)ZONE. Mayor H.S.Hughes Clerk J. Douglas Irwin _Ij Al EXCEPTION 15 (AfRU'15) ZONE tAURURAL EXCEPTION 15 (ARU'15) ZONE \ 0 15 30 60 90 120 Meters TOWNSHIP OF ORO-MEDONTE (FILE 2008-ZBA-13) Page 33 of 39 Agenda Item # 6j) - Being a By-Law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-185 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Underground Works) for Heights of Moonstone - Phase 1 , Registered Plan 51 M-679 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Bachly Investments Inc. in June 2000 to construct a residential development consisting of fifty nine (59) lots on Bachly Avenue, Jennett Drive, Brechin Crescent, and Boyd Crescent. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground and underground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Underground Works) for Heights of Moonstone -Phase 1, Registered Plan M-679 may now be issued by the Township Engineers (AECOM) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Bachly investments Inc.. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Underground Works) shall form part of this By-Law. 3. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 34 of 39 Agenda Item # 6j) - Being a By-Law to Authorize the Issuance of the Certificate Schedule "A" to By-law No. 2009-185 SCHEDULE "A" A _=/Y M TECOM /L.~sVI~~ iO Cl,etliley Sbeel ]os )xt vxxx iel 9unC, ON. caemn leN 1W1 105 i3n 0]W lu TOWNSHIP ENGINEERS CERTIFICATE OF MAINTENANCE AND FINAL ACCEPTANCE !UNDERGROUND WORKSI MUNICIPALITY Townshlo of Oro•Medonte PROJECT Helahts of Moonstone Stage 1 Plan 51M-679 DEVELOPER Bachly Invesfinents Inc. FILE NO. 12-01066.501MMA 437-890291 Descrlotlon of the Works: • Waterrnain Works, water supply upgrades and SWM Facility in the Heights of Moonstone Stage 1 Subdivision on Bachly Avanue, Jennett Drive, Brechin Crescent, Boyd Crescent and County Road 19. We, AECOM, notify the Municipality that the above mentioned works were inspected on November 30, 2069, and to the best of our knowledge and judgement are complete in accordance with the Subdivision Agreement, except for the deficiencies below. • NIL We, AECOM, notify the Municipality that to the best of our knowledge and judgment 1. The Developer named herein has cornpleted the required maintenance work, has reclifted known deficiencies and has fulfilled the other terms of the Subdivision Agreement. 2. The period of maii7nien~aanm of this Subdivision Agree nent expires on the/IS ,once of this Certificate. Date. ~~r Signature: Page 35 of 39 Agenda Item # 6k) - Being a By-law to Amend By-law No. 2009-022, Being a By-law THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-186 A By-law to Amend By-law No. 2009-022, 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 Oro-Medonte And to Repeal By-law No. 2009-128 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 states a lower-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 whole sphere of highways, including parking and traffic on highways is assigned to all upper tier municipalities non-exclusively; AND WHEREAS Section 27(1) of the Municipal Act, 2001, provides that a municipality may pass By-laws in respect to highways over which it has jurisdiction; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte, did on the 25th day of February 2009, enact By-law No. 2009-022, 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 Oro-Medonte; AND WHEREAS Council of the Township of Oro-Medonte does now find it expedient to amend By-law No. 2009-022; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Section 10 of By-law No. 2009-022 be amended to add: "10.2 Notwithstanding Section 10.1 of By-law No. 2009-022, as amended, parking is permitted, for recreational purposes between October 15th and April 30th inclusive, along the roadways of the locations set out in Schedule "B" attached hereto and forming part of this By-law. For clarity, and without limitation, any vehicle parked within the locations identified on Schedule "B" shall not be deemed to be interfering with winter road maintenance." 2. That Schedule "A" to By-law No. 2009-022 be deleted in its entirety and replaced with Appendix "A" attached hereto and forming part of this By-law, entitled "Schedule "A" to By-law No. 2009-022 - Parking Prohibited" 3. That By-law No. 2009-022 be amended to add Appendix "B" attached hereto and forming part of this By-law, entitled "Schedule "B" to By-law No. 2009-022 - Parking Permitted for Winter Recreational Activities" 4. That By-law No. 2009-128 be repealed in its entirety. 5. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER, 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 36 of 39 Agenda Item # 6k) - Being a By-law to Amend By-law No. 2009-022, Being a By-law Appendix "A" to By-law No. 2009-186 "Schedule "A" to By-law No. 2009-022 Parking Prohibited" COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE FROM-TO Algonquin Trail lEast and West Sides ISouth of Huron Woods Drive 75m (Bass Lake Side Road INorth and South Sides Line 12 North Easterly 800m (Bass Lake Side Road E t INorth and South Sides (Line 15 North to Line 14 North as IBay Street INorth and South Sides (Line 2 South Easterly 150m IBay Street INorth and South Sides Line 2 South Westerly 300m IBickle Road INorth and South Sides Bass Lake Side Road East of Line 14 (Bidwell Road INorth And South Sides Emergency Parking Only turnaround at the water i t ( 5ource c s erq Black Forest Lane North Side intersection of idge Road West for a distance of 140 Black Forest Lane South and East Sides metres Intersection of Ridge Road West, south and easterly di f 425 t f t ance o me res or a s (Blackman Boulevard (East and West Sides (Stanley Avenue to Lake Simcoe (Huron Woods Drive (East and West Sides (Algonquin Trail North 75m (Huron Woods Drive (East and West Sides (Oneida Avenue North 75m Huron Woods Drive (East and West Sides Dneida Avenue South 75m (Lakeshore Road East INorth and South Sides East of Line 7 South 500m Lakeshore Road East INorth Side Line 12 South, easterly 125 metres (Lakeshore Road East (South Side (Line 12 South to Line 13 South Lakeshore Road East ISouth Side (Line 14 South Easterly 430m Lakeshore Road East ISouth Side (Line 14 South Westerly 150m (Lakeshore Road West INorth Side (Line 6 South south-easterly 1,720 metres (Lakeshore Road West INorth Side (Line 7 South westerly 470 metres (Lakeshore Road West ISouth Side (Line 6 South to Line 7 South (Line 2 South West Side IBay St. to Church St. (Line 2 South West Side IBay St. to Lake Simcoe (Line 7 South (East and West Sides (Hwy #11 to Ridge Road (Line 7 South (East and West Sides (Lake Simcoe northerly 875 metres (Line 8 South (East and West Sides (Hwy #11 Southerly 800m (Line 8 South (East and West Sides (Hwy #11 to Ridge Road (Line 9 South (East and West Sides (Hwy #11 to Ridge Road (Line 9 South (East and West Sides (Lakeshore Road East to Lakeshore Road East I (Line 9 South East and West Sides (Lakeshore Road to Lake Simcoe I (Line 12 South (East Side (Lake Simcoe to 125 metres north of Lakeshore Road E t as (Line 12 South (West Side (Rail Trail south to Lake Simcoe (Line 15 North (East and West Sides (Hwy #12 South to Bass Lake Side Road Line 15 South (East and West Sides Maplewood Parkway Northerly 50m (Line 15 South East and West Sides (Maplewood Parkway to Woodland Drive (Mill Street East and West Sides IRobinson Street Northerly loom (Mill Street (East and West Sides IRobinson Street to Lake Simcoe (Richelieu Road (East and West Sides (Champlain Crescent to Warminster Side Road Robinson Street INorth and South Sides Dead end Westerly 60m IRobinson Street INorth and South Sides Mill Street Easterly 50m IRoeburn Beach Road INorth and South Sides (East and West from Bickle Road IScottdale Drive INorth and South Sides All of cul-de-sac and easterly 30 m from cul-de-sac ISki Trails Road North and South Sides (County Road #93 Easterly loom (Stanley Avenue INorth and South Sides (Blackman Boulevard to Dorothy's Drive Stanley Avenue INorth and South Sides (Creek Lane to Dorothy's Drive (Stanley Avenue ISouth Side ICreek Lane Westerly loom (Warminster Side Road North and South Sides 1500m East of Richelieu Road (Warminster Side Road North and South Sides 150m West of Richelieu Road Woodland Drive (West Side (Between the two bridges and 60m North and South of the two bridges Page 37 of 39 Agenda Item # 6k) - Being a By-law to Amend By-law No. 2009-022, Being a By-law Appendix "B" to By-law No. 2009-186 "Schedule "B" to By-law No. 2009-022 Parking Permitted for Winter Recreational Activities" COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE FROM - TO 5/6 Sideroad East Side 50 metres north of Ridge Road West to the Rail Trail (Black Forest Lane (North Side 1140 metres from the intersection of Ridge Road West and Black Forest Lane to the cul-de-sac (Lakeshore Road East (North Side 1125 metres east of Line 12 South to 125 metres west of Line 13 South (Lakeshore Road West (North Side 1470 metres west of Line 7 South, westerly for a distance of 930 metres (Line 11 South (East Side IHawkestone Wharf Gate northerly 150 metres Page 38 of 39 Agenda Item # 7a) - Being a By-Law to Confirm the Proceedings of the Special Cou... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-179 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, DECEMBER 16, 2009 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Special Council Meeting held on Wednesday, December 16, 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 all 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 16th DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16th DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 39 of 39