Loading...
09 03 2003 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, SEPTEMBER 3, 2003 TIME: 7:00 P.M. .... ..... ...... .......................................... ........ .......... ..................... ..... .... , 1. OPENING OF MEETING BY THE MAYOR . 2. PRA YERlCONTEMPLA TION/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: a) Minutes of Special Council Meeting of August 13, 2003 b) Minutes of Special Council Meeting of August 21, 2003. 7. RECOGNITION OF ACHIEVEMENTS: a) A. Len Cumming, Senior of the Year Award, Minister of Citizenship and Minister Responsible for Seniors. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) 7:10 p.m. Sandi Birkland, re: Use of Oro-Medonte Railtrail for Equestrians. b) 7:20 p.m. Harriett Bomza, re: Road Work on Greenwood Forest Road. 10. CONSENT AGENDA CORRESPONDENCE: a) Corine Gray, on behalf of the Guthrie Reunion 2003 Committee, correspondence dated July 30, 2003 re: letter of appreciation. b) Lake Simcoe Regional Airport Commission, minutes of June 19,2003 meeting. c) Lake Simcoe Region Conservation Authority, minutes of June 27, 2003. d) Earl Evans, CAO/Clerk, Township of Tiny, correspondence dated August 12, 2003 re: Taxpayer Protection Act. e) Nottawasaga Valley Conservation Authority, NVCA Highlights, Summer 2003. f) Hardwood Hills Cross Country Ski and Mountain Bike Centre, correspondence dated August 14, 2003 re: MTB World Championships, Switzerland, September 3-5,2003. . I. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. BD 2003-14, Ron Kolbe, Director of Building/Planning, re: Rouse Request to Temporarily Have Two Residence on Property, Lt 8 PL 882; Lt 9 PI 882, described as Part 3, Plan 51 R 31842, Oro-Medonte. b) Report to Planning Advisory Committee, Gary Smith, Planner re: - P147/03, Applicant: Marilynn Forbes, Part of Lot 28, Concession 3 (Oro). c) Report No. PD 2003-15, Andy Karaiskakis, Junior Planner re: Committee of Adjustment Decisions from August 14,2003. d) Report No. EES 2003-43, Keith Mathieson, Director of Engineering and Environmental Services, re: Mr. Cal Worrell and Ms. Elizabeth Smith - 180 Moonstone Road East - Request to Connect to Municipal Water System [See 16c), By-Law 2003-095 for Agreement]. e) Report No. EES 2003-45, Keith Mathieson, Director of Engineering and Environmental Services, re: Catherine and Steven Bryson - Request for Release of Site Plan Securities - Lots 93-97, Plan 589. f) Report No. EES 2003-46, Keith Mathieson, Director of Engineering and Environmental Services, re: 1500494 Ontario Inc. (Hans Meyer) - Request for Reduction in Securities. g) Report No. EES 2003-44, Keith Mathieson, Director of Engineering and Environmental Services, re: Mr. Victor Urich - 5535 Line 8 North - Request to Connect to Municipal Water System - pt. Lot 16, Concession 9 [See 16d), By- law No. 2003-096 for Agreement]. 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, August 13, 2003. b) Minutes of the Planning Advisory Committee Meeting, August 18,2003. 14. COMMUNICATIONS: a) Bob Gregory, Director, Ukrainian Cottager's Association, correspondence dated August 20,2003 re: Water Treatment. b) Cheryl Shindruk, The Jones Consulting Group Ltd. correspondence dated August 19, 2003 re: Official Plan Amendment for Proposed Adult Lifestyle Community, UCCI Consolidated Companies Inc., Council Meeting, August 21, 2003. c) Donald Fraser, Gartner Lee Limited, correspondence dated August 14, 2003 re: Proposed Amendment to the Township Official Plan and County of Simcoe Official Plan - UCCI Development, Part of Lots 27 and 28, Concession 5, Township of Oro-Medonte. d) Ian Rowe, Burgar, Rowe LLP, correspondence dated August 20,2003 re: Official Plan Amendment No. 16, Hillway Equipment Gravel Pit. e) Anne Guiot, Aggregate Producers Association of Ontario, correspondence dated August 20, 2003 re: Official Plan Amendment No. 16. f) Richard Haalboom, correspondence dated August 20, 2003 re: Christian Horizons and Proposed Amendments to Township of Oro-Medonte Official Plan. g) Nicola Mitchinson, Mitchinson Planning & Development Consultants (on behalf of 1091402 Ontario Limited), correspondence dated August 21 , 2003 re: Proposed Oro Moraine Land Use Strategy - Draft Official Plan Amendment. h) Sang - Mok Nam, correspondence dated August 16, 2003 re: Village Milk Store Signage. i) Helen Johns, Minister, Ministry of Agriculture and Food, correspondence dated August 8, 2003 re: 2003/2004 Tile Loan Program. j) Barbara MacKenzie-Wynia, correspondence dated August 12, 2003 re: NVCA Member's Watershed Bus Tour on September 25,2003. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Personnel Matter. b) Jennifer Zieleniewski, CAO, re: Personnel Matter 16. BY-LAWS: a) By-law No. 2003-093 Being a By-law to Rezone Concession 3, Part of Lot 28, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe [Forbes]. b) By-law No. 2003-094 Being a By-law to Provide for Advance Pools and to Rescind By-law No. 2000-071. '"\ c) By-law No. 2003-095 Being a By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Cal Worrell and Elizabeth Smith. d) By-law No. 2003-096 Being a By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Victor Urich. 17.CONFIRMATION BY-LAW NO. 2003-092 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ADDENDUM COUNCIL MEETING Wednesday, September 3, 2003 10. CONSENT AGENDA CORRESPONDENCE: g) The Corporation of the County of Simcoe, correspondence dated August 27,2003 to Sang Mok Nam re: 4 Way Stop County Road 20 @ 2nd Concession, Oro-Medonte. 14. COMMUNICATIONS: k) Deputy Mayor Dickie, correspondence package re: UCCI Consolidated Companies Inc., Hydrogeologic Peer Review. I) Association of Municipalities of Ontario correspondence re: 2003 Counties and Regions, Single Tier Municipalities and District Social Services Administration Boards {DSSABs), Annual Fall Conference, October 5th to 8th, Point Edward. ~WP o/de ~~ AwaPd I~ . @~X ~ I!a ~~ ~ ~ a.rvtde Presented to Decerne II C9f~02 . ...........................:............:.If!.~......................... by the Municipality par La municipalite de .................()1'P.~~......................... In recognition of your outstanding contributions to your community after age 65. En reconnaissance de La contribution exceptionelle apportee a votre collectivite apres 65 ans. ~~ <6~~~ ~'M~ The Honourable Carl DeFaria The Honourable James K. Bartleman Head of Council Minister of Citizenship and Lieutenant Governor of Ontario Minister Responsible for Seniors 0\ G j -I ~ August 12, 2003 Mayor Neil CRAIG and Council "' I am writing you to request permission to utilize the beautiful Lake Country Oro-Medonte Railtrail for equestrians. My husband and I moved to Oro-Medonte Township with out 2-% year old daughter in June 2001. After careful planning and research, Oro- Medonte was and still is the area we wanted to raise our daughter in, because of Oro-Medonte's beauty and commitment to recreational activities that promote a healthy and happy family environment. We are happy to live so close to the trail. We use the trail as a family now for walking our dogs and for snowmobiling. I would like to request permission to add this magnificent, beautiful trail to the list of others for equestrians. So my family and other families can enjoy yet another aspect of the trail. I have over 30 years experience with horses. I have ridden on trails in Peel Region (Caledon) Perth County and Huron County and since moving here, I have been blessed with hours of enjoyment and stress relief, using trails in Simcoe County such as the Uhthoff Trail, The Copeland Forest Resources Management area and the Simcoe County Forests. This area has the most beautiful breath taking views of nature I have ever seen. I have assisted with trail patrols on the Uhthoff Trail with Patrol Members, Debbie Sammit and Carol Mcisaac (President of the Trail Riders Association of Ontario and Uhthoff Trail committee member). I am well versed in trail etiquette for equestrians using trails. My proposal to the Township of Oro-Medonte would include giving the Railtrail a contact person on their committee to answer any questions, or concerns of other trail members including equestrians, I would also be willing to assist with educational aspects involving the horses. I would of course, by using this trail, be able to assist the Township of Oro-Medonte to maintain its versatility and beauty and possibly preventing mischief and misuse. -1- -2- To make our trail as safe as possible, while equestrians are using this trail, I would be willing to assist the township by designing a written information board on do's and don'ts when approaching the horses. I feel this would make everyone more comfortable around these' animals, education through experience and guidance. As a fmal comment: To gain access to this beautiful trail for equestrians, would only benefit another group of NATURE LOVERS, therefore making the trail use more versatile and well used. Which is why it was developed in the first place wasn't it? Respectfully submitted, awaiting your speedy response, the best time of the year to ride (the fall no bugs!!!), is fast approaching. Feel free to contact me at any time. P.S. My daughter, Breanna, rides my elderly gelding of 30 years, who has been my mount for the past 29 years. d/ti(fbIf ./' Sandi Birkland 144 Line 15 South RR#l Orillia, On L3V 6H 1 705-326-7543 28_2005 02,47 PM 5P~~DPRO S1GNS >>UR~1NGTN 19056811828 6~ " w' \-0 ~ CA- ~~ ~~ !.~t-~~~ ~ Jl-e) ~c)\.. ~ C Co 06- ~p- ~' \Q\ Go fV'\ Z- 0--. ~~~~ G ~, G~O~~ O~~-~~ I-iq(l. ~~S- \ 0'- '<-\ \ \:, v\ Cb ~ 1;"'-\ 0 d- \ () Q... ~'f. ~S~ 'R~ ~2003 P4 3r?,2oo3 7~ 01 tJ'UJ-~ p. tJ. 2?tn 100, tJ'UJ, tJ~, ~O~ ~O 'DeM ~ 01 ~ o! tJ'UJ-~, A ~ ~ &pUt I<n ~ de ~ ?~ I<n <<4 t6 et4e I<n (UUt ~ Sdoot 1<~ ()# S~, Jk4 I?, 2003. 'We ~ de ~ t6 et4e tk4 ~ ~ I<n (UUt ~ ~ ~ t6 a4 ~ 'le4t. 1t <<Ja4 a. ~ ~ ad. a. uat ~ ~. Ptea4e ~ (UUt ~ ~ t6 ~.~ at ~~ wIeo ~ mMt ~ ad. C4-~. 7~ Ieetfud <<4 ~de~~a.~~1<n~7e4t. 7~~o! ~ Ieetfud t6 mak de ~ 1<~ a. ~ ~ ad. ~ a. uat ~ 4fWUt. p~ ~ (UUt ~ ~ t6 aft lpUPt ~. S~, , JJ {~J~ c(t~~ . ~~~. W 0#~~de~1<~2003~ MINUTES OF A MEETING of THE LAKE SIMCOE REGIONAL AIRPORT COMMISSION HELD ON THURSDAY JUNE 19, 2003 AT THE LAKE SIMCOE REGIONAL AIRPORT TERMINAL BUILDING In Attendance: Commissioners: W. Dickie W. Gardy G. Fernandes R. Hough L. Leach M. Ramsay F. Smith S. Trotter \Ob -\ Staff: W. McArthur, City of Barrie M. Drumm, APM Regrets: M. Childs CALL TO ORDER The meeting came to order at 7:00 p.m. and was chaired by W. Dickie. 1.0 MINUTES OF THE MAY 15.2003 ANNUAL GENERAL MEETING MOTION: Moved by L. Leach, seconded by R. Hough. 2003-AC-62 "THAT, the minutes of the May 15, 2003 Annual General meeting, be approved." MINUTES OF THE MAY 15.2003 COMMISSION MEETING MOTION: Moved by M. Ramsay, seconded by R. Hough. Carried. 2003-AC-63 "THAT, the minutes of the May 15, 2003 Commission meeting, be approved." Carried. CONFIDENTIAL MINUTES OF THE MAY 15. 2003 COMMISSION MEETING MOTION: Moved by L. Leach, seconded by R. Hough. 2003-AC-64 "THAT, the confidential minutes of the May 15, 2003 Commission meeting, be approved." Carried. 2.0 BUSINESS ARISING FROM THE MINUTES No new business was discussed. \ Db -~ 3.0 PROPERTIES & COMMERCIAL DEVELOPMENT i) R. Hough provided the Commission members with an update as to UKCAN II Incorporated's development progress. It was reviewed that UKCAN II Incorporated applied to the Township of Oro-Medonte Committee of Adjustments to merge Lots 3 and 4 in order to create a building envelope suitable for a 33,000 square foot hangar. Conditional approval was granted subsequent to UKCAN II Incorporated providing proof of ownership of Lot 4. R. Hough further reported that the only unresolved issue was that of the required number of car-parking spaces. L. Leach indicated that a recent meeting attended by Pete Waters, the Township CAO as well as the Township planning consultant to discuss the required number of parking spaces was held. L. Leach further suggested that subsequent to a review of various airports with similar han~lar sizes, the Township's zoning by-law overstates car-parking requirements. W. Dickie commented that the Township of Oro-Medonte governs the sold commercial lots as well as the zoning requirements and that the Commission should create a payment in lieu of space sum for the Township's consideration. Subsequent to reviewing the payment in lieu of space fees for both the Cities of Barrie and Orillia as well an estimated parking lot construction cost based on the airport's costs analysis, the following motion was passed. MOTION: Moved by W. Gardy, seconded by F. Smith. 2003-AC-65 "THAT, pursuant to and in accordance with Confidential Commission Motion 2003-AC-58, the Lake Simcoe Regional Airport Commission establish and set the payment in lieu of space cost at $2,000.00 per car parking space." Carried. Staff was given direction to advise the CAO and Planning Department of the Township of Oro-Medonte, of this motion. ii) S. Trotter suggested that the Commission request that the Township of Oro- Medonte include the Lake Simcoe Regional Airport Commission as a commenting agency forming part of the site plan control process, as it relates to developable lands at the airport. MOTION: Moved by S. Trotter, seconded by M. Ramsay. 2003-AC-66 "THAT, the Lake Simcoe Regional Airport Commission request that the Township of Oro-Medonte include the Lake Simcoe Regional Airport Commission as a commenting agency forming part of the site plan control process, as it relates to developable lands at the airport." Carried. Hi) M. Drumm distributed Staff Report 2003-ACSR-03. In order to complete the purchase transaction for the hangar previously owned by Zlin Aerospace Corp 2 and engaged in a land lease agreement with the Lake Simcoe Regional Airport, UKCAN II Incorporated required the confirmation of various items. The three documents, an Estoppel Certificate, a Lease Amending Agreement and a Consent Agreement provided confirmation of the terms and conditions contained within the Land Lease Agreement between Zlin Aerospace Corp and the Lake Simcoe Regional Airport Commission. The documents further updated the Land Lease Agreement in accordance with the new Lake Simcoe Regional Airport Agreement (formally Joint Venture Agreement). The airport's solicitor, Jim Mcintosh of Burgar, Rowe reviewed all three documents and confirmed that the documents are acceptable for execution by the Lake Simcoe Regional Airport Commission. In considering the time lapses between the scheduled monthly Commission meetings, a telephone poll was conducted to maintain the efficient and successful outcome of the hangar purchase transaction. A general consensus to execute the three documents was reached when the airport manager was successful in polling 8 of the 9 Commission members. MOTION: Moved by F. Smith, seconded by G. Fernandes. 2003-AC-67 "THAT, the lake Simcoe Regional Airport Commission authorize the executive to execute an Estoppel Certificate issued to UKCAN II Incorporated for the land Lease Agreement of Part 1 on Plan 51 R-31319 and as situated in the Southwest Commercial Development Area, Pha~;e I, Part I, of the Lake Simcoe Regional Airport." MOTION: 2003-AC-68 MOTION: 2003-AC-69 Carried. Moved by R. Hough, seconded by L. Leach "THAT, the Lake Simcoe Regional Airport Commission authorize the executive to' execute a Consent Agreement between the Lake Simcoe Regional Airport Commission, UKCAN II Incorporated and Aerogroup Develc)pments Inc. (formerly Zlin Aerospace Inc.) for the land lease Agreement of Part 1 on Plan 51 R-31319 and as situated in the Southwest Commercial Development Area, Phase I, Part I, of the Lake Simcoe Regional Airport." Carried. Moved by M. Ramsay, seconded by F. Smith "THAT, the Lake Simcoe Regional Airport Commission authorize the executive to execute a Lease Amending Agreement between the Lake Simcoe Regional Airport Commission and Aerogroup Developments Inc. (formerly Zlin Aerospace Inc.) for the Land Lease Agreement of Part 1 on Plan 51R-31319 and as situated in the Southwest Commercial Development Area, Phase I, Part I, of the Lake Simcoe Regional Airport." Carried. . iv) A letter addressed to Minister Allan Rock, Minister of Industry as authored by the Mayors of the three partnering municipalities requesting Capital assistance for the Lake Simcoe Regional Airport, was reviewed. G. Fernandes requested that 3 \G b -3 .. the President of the airport Commission send a letter of thanks to the three Mayors for their recognition and support of the Lake Simcoe Regional Airport. 4.0 FINANCIAL REPORT \C2>\r)-4 The May 2003 and YTD Financial Reports were reviewed. MOTION: Moved by S. Trotter, seconded by F. Smith. 2003-AC-70 "THAT, the May 2003 and YTD Financial Reports be approved, as presented." Carried. 5.0 NEW BUSINESS/CORRESPONDENCE i) W. McArthur reviewed the construction update as of June 10, 2003. In accordance with the Commission and Council approved 2003 Budget, a Pre Design Brief for the expansion of the airport's South (main) apron was reviewed. M. Drumm reviewed that the construction of the hangars will have a definite and immediate impact on the operations of the airport, specifically the aircraft servicing areas. It was also reviewed that the imminent use of Taxiway C resultant of the hangar activities will further stress aircraft parking, fuelling and servicing areas, specifically, on the airport's South Apron. Subsequent to a discussion regarding the urgency of this expansion, the following motion was passed. . MOTION: Moved by R. Hough, seconded by G. Fernandes 2003-AC-71 "THAT, the Lake Simcoe Regional Airport Commission authorize staff to proceed and acquire quotations for the Detailed Design Plans for the expansion of the airport's South (main) apron, from an external consultant and that the executive be authorized to approve the expenditure for the Detailed Design Plans not to exceed more than 10% of the total budgeted amount of $12,000.00." Carried. G. Fernandes requested that staff prepare a priority list of required Capital upgrades along with the implications of each for review at a future Commission meeting. In consideration of the imminent hangar developments, the budgeted expansion of Taxiway C was discussed. Direction was given to staff to proceed with the preparation of quotation documents and acquire prices for the taxiway expansion for presentation at the August 21,2003 Commission meeting. ii) The airport manager's report was received as information. iii) All additional correspondence as presented by the airport manager was reviewed. 6.0 MEETING(S) There is no Commission meeting scheduled for July. The next Commission meeting is to be held on Thursday August 21,2003 at 7:00 p.m. 4 7:0 ADJOURNMENT MOTION: \()~-5 Moved by M. Ramsay, seconded by W. Gardy. 2003-AC-72 "THAT, the Lake Simcoe Regional Airport Commission meeting adjourn at 9:10 p.m." Carried. ~ _ /?'. (/.ve L ':<____ M. mm Recording Secretary, LSRA Commission ~.w~-. ~~. ~ ~4 ~<7;.<7 ~ ':~Difkie President, LSRA Commission Distribution: Commission Members W. McArthur K. Short J. Tascona, M.P.P. Clerk's Office, City of Barrie Mayor & Council, c/o City Clerk, City of Orillia Clerk's Office, Township of Oro-Medonte P. DeViUers, M.P. A. Carell, M.P. G. Dunlop, M.P.P. I. Brown, City Manager, City of Orillia L.S.R.A. Tenants 5 ;) .. \ Oc. - , LAKE SIMCOE REGION CONSERVATION AUTHORITY MEETING NO. BOD-06-03 Friday June 27th, 2003, - 9:00 a.m Regional Municipality of York 17250 Yonge Street "Seminar Room" Newmarket, ON . Telephone the LSRCA: (905) 895-1281 MINUTES MEMBERS: R. Bridge, Chair Councillor G. Lamb, Vice-Chair Mayor M. Black Councillor L. Corrigan Councillor V. Hackson Councillor M.Jordan Councillor H. Lodwick Councillor P. Marshall Deputy Mayor S. Para Councillor S. Pliakes Mayor T. Taylor Councillor W. Teel STAFF: D. Gayle Wood, C.A.O.lSecretary-Treasurer S. Hanson, Director, Corporate Services A. Leach, Director, Conservation Land Management R. Vos, Director, Watershed Management M. Walters, Director, Environmental Services D. Goodyear, Manager, Ground & Surface Water Programs G. Davis, Manager, Forestry & Stewardship Programs G. Casey, Recording Secretary REGRETS: J. Dales, Honourary Member Alderman A. Eadie Mayor J. Holec Mayor L. Keogh G.R. Richardson, Honourary Member Councillor N. Snutch Mayor R. Stevens Deputy Mayor J. West OTHERS: P. Dewaele, Dixon Hydrogeology Ltd. A. Scott, City of Barrie Chair Bridge called the meeting to order and requested the Board's permission to move to "Closed Session" immediately following the scheduled Deputations in order to deal with the confidential personnel issues prior to the Vice Chair having to leave the meeting. The Board Members concurred with this request. 1. Disclosure of Pecuniary Interest & the General Nature Thereof There was no pecuniary interest and the general nature thereof disclosed forthe record of this meeting. 8 .. \Oe--d- Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-03 - Minutes June 27th, 2003 2. Minutes (a) Board of Directors Minutes of the Board of Directors' Meeting No. BOD-05-03, held on May 23,d; 2003, were included with the agenda. Moved by: Seconded by: S. Pliakes S. Para BOD-03-90 RESOLVED THAT the minutes ofthe Board of Directors' meeting No. BOD-05-03 held on May 23rd, 2003, be adopted. 3. Adoption of the Agenda Moved by: Seconded by: G. Lamb W. Teel BOD-03-91 RESOLVED THAT theAgenda ofthe Board of Directors' Meeting No. BOD-06-03 held June 27th, 2003, be adopted. 4. Announcements The CAO advised that there is an important announcement however asked that it be made following the scheduled Deputations. 5. Deputations (a) Groundwater Studies The Manager, Ground & Surface Water Programs presented Staff Report No. 36-03- BOD regarding the results of the groundwater studies performed in the watershed. This was followed by a presentation from Mr. Paul Dewaele of Dixon Hydrogeology Limited. .. The CAO commended Mr. Dewaele on the work that has been done which is invaluable to all Conservation Authorities in the delivery of their mandate. The CAO inquired if the North Simcoe study is consistent with the Lake Simcoe watershed study. Mr. Dewaele advised that the studies are seamless. 2 9 \Oc-3 Lake Simcoe Region Conservation Authority 80ard of Directors' Meeting 800-06-03 - Minutes June 27th, 2003 The CAO complimented the Manager, Ground & Surface Water Programs for his work with Mr. Dewaele and Dixon Hydrogeology. Moved by: , Seconded by: V. Hackson T. Taylor BOD-03-92: RESOLVED THAT Staff Report No. 36-03-800 regarding Municipal Groundwater Studies within the LSRCA watershed be received for information; and FURTHER THAT the presentation by Mr. Paul Dewael~ of Dixon Hydrogeology Limited be received for information. (b) City of Barrie Pilot Proiect The CAO introduced Alec Scott from the City of Barrie. The CAO has been working with Mr. Scott on an extremely innovative Pilot Project with the City of Barrie, the Department of Fisheries and Oceans (DFO) and the Nottawasaga Valley Conservation Authority (NVCA). The CAO advised that Mr. Scott will provide information on the Pilot Project and a request will be made for the Authority's Board to provide approval to move forward with this project. Mr. Alec Scott of the City of Barrie delivered a PowerPoint presentation to the Board regarding the City of Barrie Pilot Project on Erosion & Sediment Control. A copy of this presentation is attached to these minutes. The CAO advised that this presentation was made to Conservation Ontario at their last meeting and a comment from the CAG of the Credit Valley Conservation Authority was "I wish we had this kind of tool when development was taking place in Mississauga ten years ago". The next step is to work with legal counsel to draft a working agreement on how this project will work and staff is requesting the Board's approval to do this. The CAO thanked Mr. Scott for his continued support and advised the Board that Mr. Scott was also very supportive of the recent City of Barrie jurisdictional expansion. ,.. Moved by: Seconded by: P. Marshall L. Corrigan BOD-03-93 RESOLVED THAT the presentation regarding the City of Barrie Pilot Project on Erosion and Sediment Control delivered by Mr. Alec Scott, be received for information; and FURTHER THAT staff be directed to work 3 10 .' \C)c-Lf Lake Simcoe Region Conser/ation Authority Board of Directors' Meeting BOD-06-03 - Minutes June 27"" 2003 FURTHER THAT staff be directed to work with the NVCA, City of Barrie and our solicitors to draft a Pilot Project Erosion and Sediment Control Agreement for the Board's approval. Chair Bridge thanked Mr. Scott for making this presentation before the Board on this project. 4. Announcements The CAO announced, with very mixed emotions, that she has recently received and accepted the resignation of the Authority's Director, Conservation Land Management, Mr. AI Leach who has been an invaluable part of the Authority Team. The CAO advised that AI has made this decision for all the right reasons - putting his family first. AI has an extensive work history with four Authorities over the last 27 years. AI will begin his vacation on July 9th, 2003 with the effective date of resignation being July 31st, 2003. The Authority will have an intimate send off for AI on July 9th which will be followed by a more formal celebration in the Fall 2003. The CAO asked AI if he would like to say a few words. AI advised that this is more a retirement than a resignation. He is hoping to work on his golf swing. AI thanked those Board Members who, five years ago, provided him with the opportunity to work with this Authority and further thanked the current Board of Directors for all of their support overthe years and advised that he enjoyed working with each and every one of them. Chair Bridge advised that he was a Member of the Board who hired AI five years ago and that AI has been a valuable asset to the Authority and will be missed. Moved by: Seconded by: H. Lodwick L. Corrigan BOD-03-94 RESOLVED THAT the Authority's Board of Directors move to "Closed Session" to deal with confidential legal and personnel matters. '" Moved by: Seconded by: L. Corrigan W. Teel BOO-03-95 RESOLVED THAT the Authority's Board of Directors rise from "Closed Session" and report their progress. 4 11 \CJc-5 June 27th, 2003 Lake Simcoe Region Consentation Authority Board of Directors' Meeting BOD-06-03 ,- Minutes 11. b) Legal Status Update MayorTom Taylor removed himselffrom discussions relating to legal matters contained in Confidential Staff Report 40-03-BOD due to conflict of interest. The Director, Corporate Services presented Confidential Staff Report No. 40-03-800 regarding the Legal Status Update. Moved by: Seconded by: 800-03-96 : V. Hackson T. Taylor RESOLVED THAT Confidential Staff Report No. 40-03-800 regarding outstanding legal issues be received for information. c) Minutes - Administrative Committee Minutes of the Administrative Committee Meeting No. AC-05-03, held on June 18th, 2003, were included with the Agenda. Moved by: Seconded by: 800-03-97 H. Lodwick M. Jordan RESOLVED THAT the minutes of the Administrative Committee Meeting No. AC-05- 03 held on June 18th, 2003, be received for information, and FURTHER THAT the Staff Restructuring Plan presented by the CAO be approved. The CAO thanked AI Leach for everything he has done for the Authority and extended congratulations to Sandra Hanson, Mike Walters and Graeme Davis who will all be taking on a portion of AI's portfolio and is confident they will all continue to do a great job. 6. Hearings Under Section 28 of the Conservation Authorities Act There were no hearings scheduled for this meeting. 5 12 \Oc..-\D Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-03 - Minutes June 27ih, 2003 7. Fill, Construction & Alteration to Waterways Applications The Director, Watershed Management presented Fill, Construction & Alteration to Watervvays Applications Report. Moved by: Seconded by: S. Pliakes W. Teel 800-03-98 THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 153/90, as amended by Ontario Regulations 534/91 and 623/94, be received and approved. 8. Correspondence The CAO referenced item 8 (a), a letter from Minister David Anderson MP, regarding the Healthy Great Lakes Program. Through Conservation Ontario we will continue to advocate for federal funding of stewardship programs. Moved by: Seconded by: H. Lodwick W. Teel 800-03-99 RESOLVED THAT the correspondence listed in the June 27th, 2003, agenda be received for information. 9. Monthly Communications Update The Director, Corporate Services presented the Monthly Communications Update for the period May 1st to 31st, 2003. Moved by: Seconded by: S. Pliakes P. Marshall 800-03-100 RESOLVED THAT the Monthly Communications Update, for the period May 151 to 31st, 2003, be received for information. 6 13 \Oc-l Lake Simcoe Region Conserv'ation Authority Board of Directors' Meeting BOD-06-03 - Minutes June 27ih, 2003 10. New Business a) Budget Status Report The Director, Corporate Services presented Staff Report No. 37 -03-BOD regarding the status of the Authority's budget for the period ending May 31 st, 2003. The Director advised that the Authority is currently operating with a balanced budget. The financial impact of the fire at Scanlon Creek is not known at this time however staff is continuing to working with the insurance adjustors and are hoping to report further on that at the next meeting. Moved by: Seconded by: S;>Para L. Corrigan> BOD-03-101 RESOLVED THAT Staff Report No. 37 -03-BOD regarding the Authority's Budget Status for the period ending May 31st, 2003, be received for information. b) Kvoto Protocol The Manager, Forestry & Stewardship Programs presented Staff Report No. 38-03- BOD regarding the Kyoto Protocol and the potential implications for Conservation Authorities. MayorTaylor advised that he attended the Kyoto Conference in Toronto in June. Mayor Taylor further suggested that the Authority should consider promoting tree planting activities to the watershed municipalities and further suggested that the Authority make a presentation before municipal Council regarding the feasibility and advantages of tree planting. The Manager, Forestry & Stewardship Programs concurred with this suggestion and further advised that the Authority currently has an excellent partnership with York Region and is in the process of developing a similar program with Simcoe County. Mayor Black inquired if the Authority will be considering environmental techniques in the design of their new Administration Building. Mayor Black stated that as environmentalists, we need to "walk the talk". Mayor Black made several suggestions on environmentally enhancing the building such as solar heating, types of windows , etc. The Director, Corporate Services responded that an environmentally friendly building is certainly in the plan and was part of the criteria considered when selecting the Project Manager Execway Limited who have extensive experience in this area. The Authority is working with a limited budget for the new building however environmental issues will be seriously considered as we move forward. 7 14 \Oc-~ Lake Simcoe Region Conservation Authority Board of Directors' Meeting 80D-06-03 - Minutes June 27th, 2003 Chair Bridge thanked Mayor Black for her comments and advised that they will certainly be taken into consideration as the building project moves forward. Mayor Taylor advised that he concurred with Mayor Black's comments and added that it would be beneficial to seriously consider the recommendations. Moved by: Seconded by: BOO-03-102 V. Hackson T. Taylor RESOLVED THAT Staff Report No. 38~03-BOD regarding The Kyoto Protocol and potential implications for Conservation Authorities be received for information; and FURTHER THAT staff forward a future report to the Board on promoting the Authority's reforestation program with watershed municipalities. c) Source Protection Planning The CAO presented Staff Report No. 39-03-BOD regarding Source Protection Planning. The CAO advised that both she and the Chair attended the last meeting at Conservation Ontario where Conservation Ontario's position report was presented and it was fully supported to go forward. The CAO is now asking that the Board formally support this report and that it be circulated to the watershed municipalities. Moved by: Seconded by: BOO-03-103 L. Corrigan S. Para RESOLVED THAT Staff Report No. 39~03-BOD regarding Conservation Ontario's position in relation to Source Protection Planning be received for information; and THAT the LSRCA advise the Province of their support of this position; and FURTHER THAT this report be circulated to all watershed municipalities. 8 15 \ ()G--9 lake Simcoe Region Conservation Authority Board of Directors' Meeting BOO-06-03 - Minutes June 27th, 2003 11. Other Business a) Meeting Protocol As Member John West was absent from this meeting, the general discussion on the reading of Staff Reports and resolutions at the meetings of the Authority's Board of Directors will be placed on the agenda for the next meeting. Adjourn Meeting adjourned at 11 :25 a.m. on a motion by Harold Lodwick. ~r&~ Roy ridge ,_. / ' Chair' ,: D. Gayle 00 Chief Administrative Officer/ Secretary-Treasurer 9 16 ~/}f MUNICIPALlTE DU CANTON DE TINY MUNICIPALITY OF THE TOWNSHIP OF TINY \() ~ \ R.R. #1. PERKINSFIELD, ONTARIO LOL 2JO (705) 526-4204/526-3706 FAX 705-526-2372 August 12, 2003 The Township of Oro-Medonte 148 Line 7 S. PO Box 100 Oro, Ontario LOL 2XO AU6 1 4 2003 Attention: Re: J. Neil Craig, Mayor Taxpayer Protection Act Dear Mayor Craig: At its meeting on July 28, 2003, the Council of the Corporation of the Township of Tiny reviewed your resolution with respect to a Proposal to Extend the Taxpayer Protection Act to municipal property taxes. The following resolution was passed: That the resolution from The Township of Oro-Medonte with respect to Proposal to Extend the Taxpayer Protection Act to municipal property taxes be endorsed. Carried 5-0 Sincerely, Earl D. Evans Chief Administrative Officer/Clerk " EDE/vf Encl. Recycled @ Material M. Motion #:- \()d - 5 7 9 103 THE CORPORATION OF THE TOWNSHIP OF TINY /2~A Moved by: Seconded bY:~~~---' - Meeting Date: July 28, 2003 Carried: ~~b Defeated: Signed: ~+ THAT the resolution from the Township of Oro-Medonte regarding the Proposal to Extend the Taxpayer Protection Act to municipal property taxes be: Received and filed and no further action taken. ~ Endorsed and appropriate letters sent. Tabled for consideration by Council Meeting in Committee of the Whole. It is recommended at the C TION OF THE TOWNSHIP OF ORO-MEDONTE '" Seconded by.... Date: June 11, 2003 Resolution No. ......cw-....!........ \ Od - 3 / Moved by.... .?" .. E OF THE WHOLE that Whereas the Progressive Conservative campaign document, "The Road Ahead" has been released and contains the proposal to extend the "Taxpayer Protection Act" to municipal property taxes; And whereas the proposal requires a referendum to be held in order to garner elector support for property tax increases; And whereas the downloading of services by the Provincial Government since 1998 has virtually guaranteed the need for greater property taxes to support former Provincial services; And whereas the Township of Oro-Medonte has accepted financial and management responsibility for these services; And whereas Provincial policies and standards for these services have increased the associated costs of providing these services; And whereas any deterioration of economic conditions in Ontario will require property tax increases to support income re-distribution programs funded by the property tax base, including Ontario Works, Ontario Disability Support Programme and Social Housing; And whereas the Province has put in place a regime of benchmarking, public reporting of municipal performance and public notice of municipal budget changes; And whereas municipal government is already the most accountable and accessible level of government facing the electorate on a scheduled, three year basis, unlike either the Federal or Provincial levels; And whereas the creation of so-called "wedge issues" may be good for campaign platforms, the proposal of budget-by-referendum essentially reduces the role of duly elected officials at the local level - the level which Federal and Provincial officials acknowledge as the most effective form of government service; And whereas "The Road Ahead" does not quantify or even estimate the costs of annual referenda in the 447 municipalities of Ontario; Now therefore the Council of the Township of Oro-Medonte respectfully requests that the Ontario Progressive Conservative Party withdraw from its recently announced campaign platform the initiative which would legislate a referendum should a municipally wish to increase property tax rates; And further that this resolution be circulated to the Premier, the M.P.P., A.M.O, L.U.M.C.O and the Municipalities of Simcoe County. r1h ' I! ~ . ~ M'tJ'R I. ,po Volume 17- 2003 Nottawasaga Valley Conservation Authority Centre for Conservation John Hix Conservation Administration Centre, Tiffin Conservation Area 8]95 8th Concession Line, Utopia, LOMITO \ f-.-.. c _ \ TEL (705) 424-]479, FAX (705) 424-2] 15 U '- Website Address: www.nvca.on.ca ~ rs ~ # ~~ ~110N '" NVCA Highlights Summer 2003 Message from the Chair - Chris Carrier "The NVCA vision of "Conserving our Healthy Waters" requires a comprehensive watershed management approach, with the full support of all watershed municipalities, agencies and residents. " Highlights from the C.A.O. and Staff: i) Wayne Wilson, C.A.O. (ext. 225) wwilson@nvca.on.ca . West Nile Virus The NVCA has produced a West Nile Virus (WNV) newsletter. The newsletter highlights information on the importance of wetlands, facts about mosquitoes and frequently asked questions. Two hundred newsletters were sent to each of the watershed municipalities and NVCA partners. Our newsletter can be found on the NVCA website at www.nvca.on.ca. This summer, we are assisting WNV researchers from the Simcoe County District Health Unit by providing the use our laboratory in the John L. Jose Environmental Learning Centre for their mosquito species identification. Inspectors have placed a mosquito trap at the Tiffin Centre for Conservation. For information contact www.simcoehealth.orq or call the Health Connection Line at 1-877-721-7520 · Watershed-Based Pilot Projects Conservation Ontario partnered with Ontario Ministries of the Environment and Natural Resources to develop five pilot projects that explore innovative approaches to watershed management. The five projects included: Watershed Reporting: Improving Access to Information; Watershed Economic Incentives through Phosphorous Trading and Water Quality; A Framework for Local Water Use Decision-Making on a Watershed Basis; Web-Based Communications for Watershed Information Sharing; Watershed Management in Ontario: Lesson Learned & Best Practices. The pilot projects document watershed-based best management practices with particular emphasis on water quality protection, water resource sustainability, and facilitating public and stakeholder involvement for better watershed stewardship. Full reports are available at www.conservation-ontario.on.ca · Oro-Medonte Council Votes to Expand NVCA Services On June 13th, at the Tiffin Centre for Conservation, the NVCA full authority members, and Oro-Medonte Township confirmed by resolution, the expansion of the NVCA services to that portion of Oro-Medonte not currently covered by a conservation authority. This partnership will assist Oro-Medonte in meeting their "Environment First" philosophy, by providing technical and professional support to address the increasing growth & development pressures. The expansion will be effective September 1, 2003. · Watershed-Based Source Water Protection Report Released As part of its commitment to safeguard Ontario's drinking water, the provincial government recently released the final report of the Advisory Committee on Watershed-Based Source Protection Planning. The Committee's report, "Protecting Ontario's Drinking Water: Toward a Watershed-Based Source Protection Planning FrameworK' released on April 21 , 2003 makes 55 recommendations on how to protect the province's surface and groundwater resources that provide drinking water to Ontario's 11 million residents. The Advisory Committee clearly states that this is best done on a watershed basis using source protection as the first barrier approach to preventing pollution from contaminating the province's drinking water. Source protection ensures not only safe drinking water and a healthy environment; it is also the most cost effective and efficient approach to take. The NVCA fully supports public consultation on the report's recommendations. The NVCA would be pleased to meet with municipal councils to discuss the proposed Source Water Protection Planning Framework. ii) Land Management & Stewardship - Byron Wesson, Director of Land Management & Stewardship Services (ext.232) bwesson@nvca.on.ca · McKinnon Bridge Removal Simcoe County will be removing the old iron bridge locally known as McKinnon Bridge. The bridge is located on the road allowance between the Townships of Clearview and Springwater. The removal of the bridge is being applauded by NVCA since its removal will restrict vehicular access to the fragile and internationally significant Minesing Swamp. · New Lowell Conservation Area Leased The 100 acre New Lowell Conservation Area has been leased to private campground operators. Mr. & Mrs. W. Ivits of NVCA Highlights - Volume 17 New Lowell will be managing the entire area which includes a popular day use area and a full service seasonal campground. . Minesing Swamp Pass Two Georgian College students have been promoting the new "Swamp Pass" this summer. People using the swamp are being asked to purchase a "Swamp Pass" at a self serve pay station before setting off on their journey into Minesing Swamp. The volunteer fee stations are located at the Meadow Mouse Trail on George Johnson Road, Edenvale Garage on Highway #26 and the former NVCA office location on County Rd #90. The NVCA owns 9,000 acres of the 15,000- acre swamp. . Seismograph Station at Petun Conservation Area University of Western installed a seismograph station at the Petun CA This station will be used to monitor small local earthquakes and quarry blasts in Ontario. The station consists of a seismometer, a solar power system and a satellite communications system. . Tiffin Centre Management Plan The NVCA is conducting a Tiffin Management Survey this summer. The survey will assist the NVCA with long term planning for the 502-acre Tiffin Conservation Area. Tiffin is a productive mixture of wetlands, forests, open meadows, ancient lake beds, glacial shorelines, uplands and rich valley lands of Bear Creek. Tiffin provides protection for these features, but at the same time serves as a living example of conservation of natural resources. The Tiffin Conservation Area is home to the John L. Jose Environmental Learning Centre and the new NVCA administration office called the John Hix Conservation Administration Centre. The survey can be found on the NVCA website. Please provide your comments on line at www.nvca.on.ca. . Trout Unlimited - local Chapter Established The NVCA congratulates Trout Unlimited (TUC) for establishing a local chapter in the Nottawasaga Valley. The inaugural meeting of the Nottawasaga River Chapter of Trout Unlimited Canada was held on May 20th at the Dufferin County Museum. The NVCA looks forward to working in partnership with Trout Unlimited to improve the health of the upper Nottawasaga River. Engineering and Technical Services- Glenn Switzer, Director of Engineering and Technical Services (ext.232) !:Jswitzer@nvca.on.ca . Groundwater Study The NVCA is part of the Provincial Groundwater Monitoring Network. This network consists of a series of wells located in various aquifers (groundwater reservoirs) within the watershed. Currently, thirteen wells have been established to provide continuous records of groundwater levels. The wells are being sampled by NVCA staff for a wide array of physical and chemical parameters. This is the first year of data collection for this program and we look forward to the initial results. . Ecologist Hired Sylvia Anderson has come on board as the NVCA Contract Ecologist. One of her first tasks is to undertake an Ecological Land Classification of all natural features within the Tiffin Conservation Area in support of the Tiffin Management Plan. This work involves air photo interpretation followed by vegetation community and soil studies. During her contract, Sylvia will also complete Natural Heritage Plans for Essa and New Tecumseth. Planning - Charles Burgess, Director of Planning (ext. 229) cbur!:Jess@nvca.on.ca . Planning Policy Formulation Process Developed A 10-step process will now be used for the formulation of all new policies related to planning, development, and the environment. The development of all new policies will be guided by the NVCA working group. . Development of New Wetlands Policy The NVCA has initiated a process to develop a new wetland policy. This policy will follow the approved formulation process. A working group has been established to steer this process. Representatives from the following will be included in the working group: NVCA staff, Town of Mono, Township of Springwater, County of Simcoe, Ducks Unlimited, Nature Conservancy of Canada, Ontario Federation of Agriculture and Ministry of Natural Resources. v) Communications - Barbara MacKenzie-Wynia, Director of Communications (ext. 227) bmackenzie-wvn ia@nvca.on.ca . 10th Annual A.D. latornell Conservation Symposium - November 12 -14,2003 The theme for this year's symposium is Protecting the Source... from Upstream to Downstream. As a result of the Walkerton tragedy three years ago, the leading priority for Ontarians is safeguarding our drinking water. Plenary and concurrent sessions at the Symposium will explore how to protect the sources and the interconnected ecosystems so important to ensuring the health of our environment and its residents. This symposium is Ontario's most prestigious and well-attended conservation conference. It is held at the Nottawasaga Inn and Convention Centre in Alliston. It attracts 600 delegates including international researchers and practitioners, federal and provincial agencies, municipalities, university students, business and community groups. To celebrate the 10th Anniversary, it will feature all new exhibition gallery, wine & cheese reception, Conservation Dome, Conservation Dream Auction. On line registration is available at www.latornell.ca . Environmental Education Contract Renewed The NVCA is in the process of renewing a 3 year contract with Beyond the Horizon Outdoor Adventures (BTH) to provide environmental education programming at the Tiffin Centre for Conservation. This partnership with BTH has provided a "win - win" result for both parties. \ae-~ iii) 08/19/2003 TUE 12: 09 FAX ...... ORO-~lEDONTE CHAMBER ~ UUJ.I UUJ. Hardwood Hills Hardwood Hills Cross Cou1Ztry Ski and Mountain Bike Centre RR 1, Oro Station, Ontario I_OL2EO (705) 487.3775 Fax (705) 487-2153 E-Mail: main@hardwoodhills.ca Web Site: www.hardwoodhill..i.()n.ca \Q{- August 14, 2003 MTB WORLD CHAMPIONSHIPS S\VITZERLAND SEPTEMBER 3-5. 2003 For Immediate Release HARDWOOD HILLS ATHLETES OFF TO EUROPE Oro Mcdonte: Hardwood Hi]Js National Cycling Centre has three athletes who have attained their season's goal by qualifying tor Canada's Under 23 Mountain Bike Team. On August 26th, Andrew Watson of Barrie, Mike Garrigan ofOro Station and Catherine Vipond of Os haw a, will head for Lugano, Switzerland, where they will compete at the World Championships from September 3 to September 5. Prior to the World Championships, they will be able to get some European mountain biking experience by competing in the Swiss Cup being held on August 30. Kaprun, Austria is the site of the World Cup Finals on Sunday September 14th, which is the tInal European competition for the three athletes before returning to Canada later that week. The 2003 Canada Cup Series also finished on a very positive note for the Hardwood H11ls National Cycling Centre athl etes. 1 st Overall Pro Men 4th Overall Pro Men (1st Under 23 Men) 5th Overall Pro Men (2nd Under 23 Men) 2nd Overall Junior Expert Woman - Jesse Jakomail 0[8a\11t Ste. Marie - Andrew Watson - Mike Garrigan - Catheline Vipond 30- If you need any further information, please call Steve Neal HHNCC Coach, at 705-487-3775 TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. BD2003-14 To: Council Prepared By: Ronald M Kolbe Subject: Department: Council Rouse Request to Building C.ofW. Temporarily Have Two Residence on Property Lt 8 PI 882; Lt 9 PI 882 being more particularly described as part 3 plan 51 R 31842 Oro- Medonte Date: August 18, 2003 Motion # A.M. File No. Date: BACKGROUND: A request was received from Jonathan and Lyanne Rouse to temporarilv reside in their existing residence for 6 months while the new residence is being constructed. (see attachment #1 Request Letter) ( Attachment #2 -Agreement). Previous requests: Randall & Elizabeth McFadyen located at Part Lot 75 RP 51 R8744 Part 1, Concession 2, (Medonte) was granted subject to a Letter of Credit in the amount of $20,000 for a nine month period or until completion of the proposed new dwelling, whichever is the lesser period of time. Ian and Lori Webb located at North Part of Lot 3, Concession 11 (Medonte) was granted subject to a $25,000 Letter of Credit for a period of nine months. RECOMMENDATION (5): I 1. That Council approve the request of Jonathan and Lyanne Rouse to reside in their existing residence for six months while a new residence is being constructed and further that a $20,000 security be deposited with the Corporation. 2. That Council receive and adopt this report. Respectfully submitted, fJIfRlc Ronald M. Kolbe, CBCO, AScT, MAATO Director of Building/Planning Development Respectfully submitted c.A.O. DATE: c.A.O. Comrnents:/1 ( I ~ ! \ j \1 '/, ; 2 '~\\, , ~ - August 18, 2003. Dear Mr. Ron Kolbe Weare requesting permission from the Council and Municipality to live in the cabin located on our property, 1055 Lakeshore Road East, for 9 months as stated in the agreement. Sincerely, \,~ ~....~ ~'''~~ C\ Lyanneand Jonathan Rouse ~ e e \ 'JG-lt AGREEMENT/AFFIDA VIT In consideration of receiving a building permit from the Township of Oro-Medonte, I, Jonathon and Lyanne, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: That I am the registered owners of Lt 8 PI 882; Lt 9 PI 882 being more particularly described as part 3 plan 51 R 31842 Oro- Medonte 2. That I have applied to the Council of the Corporation of the Township of 01'0- Medonte for permission to locate temporarily a trailer 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 provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for the six month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and/or b) That on completion of the new dwelling, as evidenced by a Certificate of Occupancy, the existing building is to be removed within one month; and/or c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 4. That a Letter of Credit in the amount of $20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned agreement is fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned agreement will result in the Corporation of the Township of Oro-Medonte redeeming the Letter of Credit at its sole discretion. 5. That I hereby agree to the terms and conditions set out above. 6. It is understood that after the six month period from permit issuance, that the Township may remove the trailer for which permission was granted at the time this agreement was signed, with alJ cost for so doing to be assumed by the property owners being Jonathan and Lyanne Rouse. 7. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation 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. -2- .. \ IJ'\A-5 8. 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 Owner Witness Mayor Clerk \J TOWNSHIP OF ORO-MEDONTE REPORT TO PLANNING ADVISORY COMMITTEE REPORT NO.: PAC2003-PI47/03 DA TE: August 18,2003 APPLICANT: Marilynn Forbes APPLICATION NO.: P-147/03 ROLL NUMBER: 4346-010-007-22000-00000 LEGAL DESCRIPTION: Part of Lot 28, Concession 3 (Oro) I PROPOSAL/BACKGROUND I The subject property is located in Concession 3, Part of Lot 28 and has frontage on the north side Ridge Road just east of Patterson Road. The property is a total of .85 acres in size with 142.4 feet of lot frontage. The applicant has applied for a Zoning By-law Amendment from the Residential One (Rl) Zone to a Site Specific Residential One (Rl *) Zone to permit the use of three rooms for a bed and breakfast establishment. IOFFICAL PLAN/ZONING BY-LAW I County Official Plan Currently - Settlement Proposed - No Change Township Official Plan Currently - Rural Settlement Area Designation Township Zonimr Bv-law Currently - Residential One (Rl) Proposed -Residential One Exception (Rl *)Zone - I DEPARTMENT HEAD AND AGENCY COMMENTS' Roads Superintendent - County Road, no concerns Fire Chief - No Concerns Clerk - No Concerns Chief Building Official - No Objection Engineering and Environmental Services - No Concerns Simcoe County Transportation Division- design concerns have been addressed and resolved with the proposed amended commercial access I IANAL YSIS The subject property is located within the Rural SettJement Area designation of the Official Plan. Section D4.3.4 of the Official Plan that outlines the policies relating to new bed and breakfast establishments. This section clearly indicates that new bed and breakfast establishment uses are permitted subject to an amendment to the implementing zoning by-law; and further indicates that such uses may be subject to Site Plan Control. New bed and breakfast establishments may be permitted by way of an amendment to the implementing Zoning By-law and may be subject to Site Plan Control provided Council is satisfied that: a) the use shall not have a negative impact on the enjoyment and privacy of neighbouring properties; The property is wen screened from the adjoining properties by use of wooden fencing, shrubbery and flowering vegetation. b) adequate parking facilities are available on the lot for the proposed use; The app1icant indicates that parking is available for three vehicJes on the site. The proposed on-site parking is located behind the home and is weB screened from the adjoining neighbours utilizing the existing wooden fencing and vegetation. c) the proposed use wiH not cause a traffic hazard as a result of its location on a curve or a hill; The proposed use is located on flat terrain with a gentle curve on the Ridge Road. The 2 County of Simcoe has approved a commercial access on the western portion of the property subject to the removal of the large tree necessary to accommodate the required 5.0 metre throat width of the driveway. d) the proposed use can be serviced with an appropriate water supply and an appropriate means of sewage disposal." The on-site septic and well system is of a sufficient size for the proposed use. As noted above, the Site Plan Control By-law for the Township would require that this property be subject to Site Plan Approval prior to the finalization of any Zoning By-law Amendment. A public meeting was held on March 19,2003 at which time no concerns were noted. I I RECOMMENDATION 1. That this report be received and adopted. 2. That the Zoning By-law amendment for Marilynn Forbes Application P 147-03, Part of Lot 28, Concession 3 (Oro), 1832 Ridge Road West, zoned Residential One (R 1) be zoned Residential One Exception 156 (R 1 * 156) "notwithstanding any other provision in this by-law, a bed and breakfast establishment is permitted on the lands denoted by the symbol* 156 on the schedules to this by-law" be approved. 3. That the applicant be notified of Council's decision Respectfully Submitted, /0.YJ10U--- I ~E) -A~3 ~ 3 A/RU (u* IS ft>1 --- \ I b- @ A/RU J?I / I77J Lands to be rezoned from the Residential One (Rl) Zone to the Residential One ~ Exception One Fifty-Six (R1 * 156) Zone. Township of Oro-Medonte ) 1c - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2003-15 Committee of the Whole Andv Karaiskakis Subject: Department: Council Planning C.ofW. Committee of Adjustment Decisions from August 14, 2003 Date: August 19, 2003 Motion # R.M. File No. Date: C11 12450 KGROUND/ANAL YSIS: Attached are the Planning Reports and Committee of Adjustment Decisions for the Consent and Minor Variance applications that had decisions at the Committee of Adjustment meeting held on August 19, 2003. The last date for receiving an appeal to the above noted decisions is Monday September 8, 2003. The Committee, as noted below, deferred two applications. Consent Applications B-20/03 Alfred & Jeanalee Kanis Cone. 1, South Part Lot 1 (Orillia) 8996 Highway 12 ~ / , ^ -0 Minor Variance Applications A-24/03 Ellen Cohen Cone. 2, West Part Lot 4 (Orillia) 1199 Line 15 N. DEFERRED A-27/03 2008628 Ontario Ltd. Cone. 7, East & West Y2 Lot 3 (Ora) Diamond Valley Drive A-25/03 Gregory & Annette Stewart West Part Lot 2, Plan 920 (Orillia) 11 Moon Point Drive DEFERRED A-2803 Robert & Therese Brown Plan M-324, Lot 15 (Ora) 30 Trillium Trail A-26/03 Bruce & Ellen Parker Cone. 14, Plan 780, Lot 29 (Orillia) 59 Eight Mile Point Road ON (S): 1. THAT this report and the Committee of Adjustment Decisions for August 14, 2003 be received. RI;;;::' Andy Karaiskakis, Hons. B.A. Junior Planner C.A.O. Comments: Date: C.A.O. Dept. Head \ de -3 Township of Oro-Medonte Committee of Adjustment Planning Report for August 14,2003 Alfred and Jeanalee Kanis 820/03 8996 Highway 12, Part of Lot 1, Concession 1(OrilJia) THE PROPOSAL The applicant has applied for consent to convey an easement to facilitate stormwater drainage from a proposed commercial self storage operation to the Bass Line drainage ditch. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural Settlement Area Zoning By-law 97-95 - Residential One (R1) Zone Previous Applications - The applicant has a concurrent application for Site Plan under review by the Township. It is understood the application has been reviewed by the Township's engineer as well as the Site Plan Review Committee. AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads- Drainage problems possible at Bass Line. Building Department- The Township Building Dept has reviewed this application and note the proposal appears to meet the minimum standards. Fire Department PLANNING DEPARTMENT BACKGROUND The objective of the applicant, 1500494 Ontario Inc (Hans Meyer), is to develop a commercial self storage business on 8980 Highway 12. However prior to obtaining a building permit, the applicant is required to enter into a Site Plan Agreement with the Township, which includes the provision of a stormwater management plan. In order to fulfill the proposed stormwater design, the developer has entered into an agreement with an adjacent landowner, (the applicant Kanis), to establish an easement over their lands for the purpose of creating a drainage swale to the Bass Line roadside drainage Ditch. The proposed easement would have a width of 3.0 metres (9.8 feet) and a length of about 75 metres (246 feet), essentially acting as a conduit between the north-west corner of the self- storage business and the Bass Line drainage ditch. OFFICIAL PLAN The Rural Settlement Area policies are silent with respect to the conveyance of easements for utility purposes. ANAL YSIS \ :Jc This application is a component of the technical process of fulfilling a site plan agreement with the Township of Oro-Medonte. This is a process that is guided by Section 41 of the Planning Act and is under the authority of Council and its delegated technical staff. In reviewing this application it is suggested that Committee primarily satisfy itself that the location of the easement is appropriate and represents good planning. Based on a cursory analysis of the site plans it appears the easement will be isolated and located in an area of the applicant's lands which is appropriate for the use. Based on discussions with Township staff, the Township's engineer and the applicant's engineer, the site plan approval is close to being finalized with no major issues outstanding. On this basis it will be recommended that Committee approve the proposed easement on condition that the site plan agreement be executed between the Township and Mr. Meyer. CONCLUSION 1. The proposed easement appears to be located in a logical and appropriate area. 2. The proposed easement is dependant upon the Township entering into a site plan agreement with the owner of the commercial business. RECOMMENDATION It is recommended that Committee approve consent application B-20/03 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That a Site Plan Agreement between the Township and the owner of 8980 Highway 12 be executed; and, 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. All of which is respectfully submitted, l~~ ~I{. Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants LOT AREA BUILDING AREAS Lor COVERAGE MAXIMUM AllOWABLE PROPOSED BUILOING HEIGHT 616. M2 (8B.U92 SO.tT) 21t8 1042 (22,790 SO.fT) Nor INOIGArm 26 " MAXIMUM ALLOWA.BLE BUILDiNG HEIGHT 11 M PROPOSED BUJtmNG HEIGHT SETBACK REQUIREWENTS fA-au: 'B2' YARD rRO'Nr YARD (HORIg JNTERIOR SIDE rARO (A5T) INTERIOR SIDE YARD WEST) REAR (SOUTH) <<(OUIREO ~ 3.0 M 3.0 AI 1.5 M PRQVtO€.Q ~ J.o u 3.0 M 7.5 M LANDSCAPE BUffER lANDSCAPE SUffER AT THE FRONT YARO SHALL Bt: NOT USS THAN 6.0 METRES SIGNACE SETBACK a: REGULATIONS e PROJ[CT SIGNAGE SHALL BE IN CONfORMANCE WITH TOWNSHIP or ORO-I'<4EOONTE QY-Lo\W(S) AND IIfro REQUiREMftHS. SIGNAGt IN FRONT YARD SHALL BE SETBACK NOT LESS THAN 3.0 METRES ZONING CLASSifICATION CXISflNG :::::. GC - GENERAL COM....ERCIAL PROPOSED :::::. AS ExiSTING I ? 'I ~ ~__J ~ 'I 2i ~I '" ~ Q ~ '" N ~ , e ~ I a !r 3i rz:/~ 5~ ~ g inti ~~ ~~ ~ iJ! ... Ii II ~ Q ~ 2118 M2 / .100 "'1 = 21 PARKiNG SPAC(S TOTAL PARKlNG REQUIRED = 21 SPACES (3.0M X 6.0"') TOTAL PARKING PROVfDfO;;; 22 SPACES.... ... OF TIiES( PARKING SPACES t PARKING STAll IS BARRIER fRfE J- ---, "". ~.~i~;-~::: *-:;;" .. ! ~~10..';;;~, '{:/'<~" i . ~'\.~... . .....~::p,. . '<;'&\'. .'. ' '. Z",/,'!'l' 1 "'\;~ .....""." "'J ......, I \~~;;::::;U;:'Zi (NOT TO SCALE) II/\~}!. fJ1'" u-:\, Ut\;);) '~"J\.."'..'_.' - " , /\/ ,'r \ {- / " /) (LEVAn A-8 aLOG 'F ELEVATJ( 3.7 M LOADING REQIIIREIIIENTS AS RECULATED UNDER SECTION :uT ONE LOAOING SPACE FOR A fLOOR AREA BEtWEEN 301 ANI,) 2.300 SQUARE: METE.RS. 2t 18 ...2 / J SPACE".. f LOAOING SPACE L.OAOING SPACES REQUIREO = J SPACE lOADING SPACES PROVIDED = : SPACE (3.5M X 9M) ELECTRICAL E-1 SIT( PU (NOT TO SCALE) ADJACE:NT ZONINGS CIVIL__._ (-1178 (1 0 MAl' E-1178 (2 0' NORTH SIDE SOUTH SlOE: ~ ~ HWY. I 12 (SEVERN---~ R RESIDENTIAL R RESIDENTIAL GC GENERAL CQMMERCIAl---" /~'~'b~~'" '~~\'J; 'i;"&'!1;, ~~, -- LANDSCAPE L-1 LANDSCA ~ .. .. H E~;U;o.9 fillllb.o4 -.;. .. .. ~f .fo ~j ,r-" ~. CJ r:~~ti"9 I $\ot<:y ~"~,.~~ :;7~"9 U. ".'\\ \. \ ., 21.i1:S.Q_________-..--........-'r 1 ~ 26!J.O~------ 2 " . I Ln PAGE#2 APPLICATION B-20/03 COMMITTEE OF ADJUSTMENT DECISION l'dc' BE IT RESOLVED that: Moved by Dave Edwards, seconded by Al1an Johnson "That the Committee Grant Consent Application B-20/03 subject to the foJlowing list of conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That a Site Plan Agreement between the Township and the owner of 8980 Highway 12 be executed; and, 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. ... ..Carried." Additional information regarding this Application is available for pub1ic inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. \ I) Township of Oro-Medonte Committee of Adjustment Planning Report for August 14, 2003 Bruce & Ellen Parker A-26/03 59 Eight Mile Point Road (Orillia) THE PROPOSAL The applicant's have applied to request the following relief from Section 5.31 of By-law 97-95 (Setback from The Average High Water Mark of Lake Simcoe). Required Proposed Minimum Setback 20.0 metres 16.5 metres MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential Exception Two {SR*2) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads ...,0 ~~ Building Department-The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department PLANNING FRAMEWORK " Background The applicant proposes to build a second storey deck with a total floor area of about 49.05 m2 (528 ft\ partially within the required shoreline setback from Lake Simcoe. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? Section 010.1 of the Township's Official Plan sets out the following objectives for the shoreline designation. a) To maintain the existing character of this predominantly residential area; b) To protect the natural features of the shoreline area and the immediate shoreline; and, \ (\", i vl\-.- c) To ensure that existing development is appropriately serviced with water and sewer services. The applicant's proposal does not appear to offend these principles given that the proposed deck is a reasonable expansion to an existing dwelling. On this basis the proposal is considered to conform with the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? The Zoning By-law requires that no building or structure shall be located within 20 metres (65.6 feet) of the average high water mark of lake Simcoe to protect the natural features and the integrity of the shoreline. Given the relatively modest addition and the fact that the application will not require the removal of vegetation the proposed variance should not adversely impact the character of the shoreline. On this basis the proposal is considered to conform with the general intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The proposed deck is considered to be an appropriate and desirable expansion to the existing dwelling unit. Is the variance minor? On the basis that the proposal is a reasonable expansion and given that the deck will not adversely affect the character of the shoreline area, the proposed variance is considered to be minor. CONCLUSIONS 1. The proposed variance generally satisfies the 4 tests of a minor variance. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A-26/03, subject to the following conditions: 1. That an Ontario land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; and, 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. All of which is respectfully submitted, h Andy Karaiskakis Junior Planner Reviewed by, Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants eA:fie r' ~ LAJ<E. 51/YJ~OE. -~ -- I 4b.~3M ~- - ~O\)IwPe.~ CL - V; ~ ---- t..L 3.8M ~ i I ~ ! ~ \1\ i i ~.::s 111~ \~~ ~ II~! ~/O.(X,/'tI- ~ Jrn ~II.JS" r; "'1.87;'1 4. C: b 1\1 - - -'t t ; ! I i '1.3M 1 , -- ~--q.I"M--~ (:i) \(j \I ~ ~ \ " Nauss. .~ I ~ 113.05", ~ 2.'1"1'" i I I I I ~ - - - -- 2"1.081>1 -- .\J \..) --- ~ ff) v- \0 P TIC- d >- ~ .} ~ ~ <t:- Q G) ,e SEPTIc.. ,j. . I 8€p'. I , L01 ~ 21 _ E.MS ('#57 cD .:.. TREt. 42.06 M ~ .".. J.h&fi W"rr 1'. P. (>'IA 1< 1\ cP <J) - - - - -"" I: ! ; I! , i I \~ .L-__I_!-?! >- "... 'It --.. ~'r '41 V > ,. ~ Q , . EMS -+ Jl5"9! -, - e ~ - ..:,j I I I - QC \1/ ~ \11- 8,,53/11 \at.... ~ ~ I ~ ~ ,- Q i()~ r.8~ i Q "1 J 1,7 AI 20,731Y\ /6.161-1', \'Jc~ I i.G\ Cr/R.~;.{ T 10t ~ ! CC"'i.,..Rf;E I J..J t i.L.. I I I welL (Zj I 21 P"~/('tNr;. - PAl> PV.Bi..lc. RO,qDJVFtV - f/CH'f 11/J_E P~/N""" RORO 2..0.12.M 'W,DE ~ %) SEfnc fMS 11'1 PAGE # 2 APPLICATION A-26/03 COMMITTEE OF ADJUSTMENT DECISION \ r'\ \ \ \c:Je \ BE IT RESOLVED that: Moved by Joe Charles, seconded by AHan Johnson "That the Committee hereby Grant Minor Variance Application A-26/03 subject to the foHowing list of conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/rea] property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in confomity with the dimensions as set out in the application, as submitted; and, 3. That the appropriate building pemit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. '" ..Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. \ --~ Township of Oro-Medonte Committee of Adjustment Planning Report for August 14, 2003 2008628 Ontario Limited A-27/03 Diamond Valley Drive, East and West Half of Lot 3, Concession 7 (Oro) THE PROPOSAL The applicant has applied for the following relief to permit the construction of three detached model homes on draft approved Plan 43T -93019 known as Diamond Valley Estates. Permitted Requested Section 5.36 (b) Model Homes 1 3 MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Sugarbush Settlement Area - Residential Zoning By-law 97-95 - Residential (R1-H) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department- The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department PLANNING FRAMEWORK Background The applicant proposes to build 3 detached residential dwellings to be used as model hDmes or sales offices within a draft approved subdivision known as Diamond Valley Estates. The homes are proposed to be built on Lots 97, 122 and 127 of the subdivision which was draft approved in 1992 and subsequently revised in 1994. In total the subdivision has 136 lots. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The subject lots have been placed in the Residential designation which is referred to as the Sugarbush Node in the Township Official Plan. Specific policies apply to Draft Plan 43T -93019 which appear to have been carried over from the previous Township of Oro Official Plan. These policies generally relate to the servicing and overall development of the subdivision and do not provide Committee with specific direction for this application. \ de- Based on discussions with the Manager of Public Works, who is currently administering the development agreement for Diamond Valley, it is clear that the developers have made considerable progress in satisfying conditions of draft approval as required by the Official Plan. Notably, the Township recently approved the engineered drawings for the subdivision. Given that the primary intent of the Plan is to ensure technical matters of draft approval are fulfilled, it is submitted that the proposed variance would not offend the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? The subject lands have been placed in an R1 Hold Zone which means that development cannot proceed until Council has "lifted" the Hold by formal resolution. Although the purpose of the Hold is to prevent development until all applicable agreements and legal issues have been finalized, it would be reasonable to provide some flexibility for the purpose of allowing the construction of model homes. The other element to this variance is that the developer seeks to build three homes instead of one, which is normally permitted by Zoning By-law 97-95. Given that the overall subdivision has 136 lots, it is submitted that three model homes for such a large subdivision is reasonable and in keeping with the intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Given that the developers objective is to "sell" a community or housing choice, model homes are typically developed with a high degree of detail and landscaping. Furthermore, in accordance with normal Township policy, the developer will be required to prepare an engineered lot grading plan prior to the issuance of a building permit. On this basis it is suggested that the proposed variance will provide for the appropriate and desirable development of the subject lots. Is the variance minor? The construction of model homes for sales purposes is common in new plans of subdivision. On this basis and on the basis that the proposal is to develop only 3 lots for model home purposes, it is suggested that the proposed variance is minor. CONCLUSIONS 1. The requested variance is in keeping with the 4 tests of a minor variance. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A-27/03, subject to the following conditions: 1. That prior to issuance of a building permit, an engineered grading plan is submitted which provides verification to the Township of compliance with applicable yard and setback requirements by: 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That this variance provides relief from the Holding symbol currently in place on the lands in that building permits for model homes to be built on Lots 97, 122 and 127 may be issued prior to the removal of the Hold; and, 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. All of which is respectfully submitted, A~~ -pt>ct.... Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants -Y- ,,~.y.,_ ~ R-'^O'OOO' I --. 5\8 -- 22.5" "",,1_~O C_7.460 1160-o)')S t: r ~~. .... 5\ ;Ie /111) ~ '" '?> ~ \ 1\1 , . ~ (GP)H\ :: 111 ,,0 -o::r t') ~, 1159',8' 3~'E :...---= 54.901 110 ~\8 ~~8 ~\8 " '~T ' ~ ~g ~g ~g ~.. ~'" '" '" X % % 126 125 124 5 9' E ;30.000 ;30.000 3\.003 :\0.26) 113 114 . II 58' 35.500 ,9.~17 112 " I l. f\_ "'0> !"" ~~ '" A- \8.956 ,..20B ;30.260 f' , ~\- "'~ -.... ~ r~ $\'" '" )0.000 IIS9~E '0 ~\'" ",- . '" t: r-: :>\'" 7- 31.050 Sl6 EMERALD TERRACE 1159'<8'3~'E .;...-- 33.400 33.400 10.000 8 g ~ ~ '99.5,1 \ ~ 8 g ~ '" ..U' " -' " ~'6 ~ ~~ ;: 104 103 ji\ % ~ 35-955 ~~S'E Sl6{ GP) 109 10.14\~S'E 154,557 154.857 N59'48'~O'E SOU'" WESl ANGLL Of WESl H"IJ' Of LOi 3 CONCESSION 1 r- ~ . ." "" ~" T I \/\, . . ..- 2a.B99 107 31.1118 ~\- !"8 ~~ "- Sl6{GP) 106 33.~ Z\l.691 ~\$ r" :>\'" % " '", 105 !" ;: $\ "- ~-1 ;a BLOCK 134 ",.", "'o>} """"."" - "..., LINE BETwEeN TI-~ wEST HALVES OF LOTS 3 AND 4. CONCESSION 1 PIN. 58533 - OO\O(LT) Sla(GP) r- ~ ' " " ,/ { , \..1 tl59'48'05-E (\ \.J \'\\ (" \.1 ..- -- (\ \.) "t" \ A L1- , , \ ^ L~ r- I- (\ \.J r- ~ " -- I ... 1-1 , . -- -51 r.i -~- -~ I I.. .... 4.05 . 6.00 'PoIAMOND 31&.SO .-.- - +- -.-.- EXISTING WA TER CONNECTION - - GAl V ANIZED SPIRALLY CORRUGATED PIPE PER TOWNSHIP MIN. 5T ANDARD DETAIL ~9-STD-DWY1 MIN. 7.OM LENGTH 318.&0+ +311UO OUlUNE or [Cono I BIOFILTER SYSTrU -:-- MODEL 51- 6~ , ~ (ENe;. BY OTHERS) I ~I , ~ I I ~ I LOT 127 o 1R 0 150 II~ I .8, Ii: . ,0 I"') Is ~ I ~ ~ I ~I ~ ~I I I aT 128 .-EXISTlNG TREES ,. / \Jt'f'J:''T A TI/"W<:: TI"I Dr PAGE#2 APPLICA TION A-27/03 COMMITTEE OF ADJUSTMENT DECISION \:1 \ -\ BE IT RESOLVED that: Moved by AJJan Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance Application A-27/03 subject to the foHowing list of conditions: 1. That prior to issuance of a building pennit, an engineered grading plan is submitted which provides verification to the Township of compliance with applicable yard and setback requirements. 2. That this variance provides relief from the Holding symbol currently in place on the lands in that building pennits for model homes to be built on Lots 97, ] 22 and] 27 may be issued prior to the removal of the Hold; 3. That final occupancy of the model homes not be granted until final registration of the subdivision has been fulfil1ed, and; 4. That the appropriate building pennit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. " ...Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. \ ') \01 Township of Oro-Medonte Committee of Adjustment Planning Report for August14,2003 Robert & Therese Brown A-28/03 30 Trillium Trail (Oro) THE PROPOSAL The applicants have applied to request the following relief: Required Proposed Minimum interior side yard setback 8 metres 7.7 metres Minimum front yard setback 15 metres 14 metres *Setback from Slope 23 metres 7 metres *Note - This relief has been added for consideration by Committee to recognize the existing location of the foundation. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural Residential, Rural Zoning By-law 97 -95 - Rural Residential One Exception 10 (RUR1 *1 0) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads -wo ""...ublS Building Department-The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department PLANNING FRAMEWORK Background On July 4, 2003, the Township issued a building permit for the dwelling that is currently under construction on the subject property. It is understood that after the foundation was poured it was determined that the dwelling will encroach into the minimum interior and front yard setbacks as established in Zoning By-law 97-95. Furthermore, because of the steep slope at the rear of the lot, relief is also required for the dwelling to be located closer than the minimum allowable provision stated in the Zoning By-law. The applicants require the requested relief noted above given that the proposed house is encroaching into these setbacks. \')c-\~ The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Rural Residential and Rural. The primary function of the Rural Residential designation is to recognize existing estate, country estate and chalet residential developments in the Township. It is suggested that the applicant's proposed dwelling is generally in keeping with the character of the Rural Residential designation and therefore the requested variance is deemed to conform with the Official Plan Does the variance conform with the general intent of the Zoning By-law? One of the purposes of maintaining interior side yards in the Rural Residential (RUR) Zone is to maintain suitable setbacks between residential dwellings in the interest of privacy and to protect the character of the residential community. Based on a site inspection, the requested interior side yard of 7.7 metres and front yard setback of 14 metres is considered to be a reasonable side yard and front yard viewed in the context of the surrounding area. As well many lots located in the Horseshoe Valley area are built on or near steep slopes. On this basis the variances to the side yard, front yard and from the slope is deemed to conform with the general intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The proposed dwelling will not result in the over-development of the subject lot, and may complement existing development in the community. On this basis the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? The proposed variances can be characterized as minor reductions to the yard setbacks and slope requirements as they will not compromise the character of the existing rural community. CONCLUSIONS 1 . The proposed variances are deemed to meet the four tests of a minor variance. RECOMMENDATION It is recommended that Committee grant minor variance A-28/03, subject to the following conditions: 1. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; and, 4. That all municipal taxes be paid to the Township of Oro-Medonte. All of which is respectfully submitted, ~.~. Andy Karaiskakis Junior Planner Reviewed by, Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants e \ '\ \ ~ \ \ ~ \ \ ~ \ \ \ \ \ \ \ \ \ \ \ 1.61 \\ \ \ \ e U) '0 -1 .9... </ ..-:- 9.0~ <$'. ../ ~ :::! 0:: ~o o "0. ~/ 0/. // ~. .... .... N ~; <"N- 09. r-.cO 8'6~\O o)O~b ....1'1\.... \ \ 0% ct...J .... CO .. .... ~ ~. .... " 7 / I \ ~ ii. ~O o PAGE#2 APPLICA TION A-28/03 COMMITTEE OF ADJUSTMENT DECISION \'\ \d BE IT RESOLVED that: Moved by Dave Edwards, seconded by A11an Johnson " "That the Committee hereby Grant Minor Variance Application A-28/03 subject to the fo11owing list of conditions: 1. That an Ontario Land Surveyor stamp the copies of survey submitted to the Township; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted, and; 3. That a11 municipal taxes be paid to the Township of Ora- Medonte. .. ...Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Ora Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. 0. )... \ dQ DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2003-43 Keith Mathieson SUBJECT: DEP ARTMENT: COUNCIL: Mr. Cal Worrell and Ms. Engineering and Elizabeth Smith - 180 Environmental Services C. OF W.: Moonstone Road East - Request to Connect to DATE: MOTION #: Municipal Water System August 21, 2003 DATE: R. M. FILE NO.: L04-12842 TOWNSHIP OF ORO-MEDONTE REPORT Mr. Worrell and Ms. Smith reside at 180 Moonstone Road East in the Village of Moonstone and are requesting connection to the existing water system (previous private Moonstone system). Mr. Worrell has advised Mr. Keith Mathieson, Director of Engineering and Environmental Services, that his house was originally connected to the water system, but was then disconnected and has been supplied water from their private well. The service connection to the existing water main and curb stop is in place and will require the installation of a water meter and reconnection in the house. Mr. Worrell will be required to pay $1 ,OQO.OO towards the upgrades to the water system. The connection of this water system will have no adverse effect on the existing Robincrest water system. 1. THAT this report be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Water Service Connection Agreement with Mr. Cal Worrell and Ms. Elizabeth Smith, upon receipt of the $1,000.00 for water upgrades. 3. T ) the Clerk prepares a By-law for Council's consideration. .. ~ V ~~~ ieson TOWNSHIP OF ORO-MEDONTE REPORT DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2003-45 Keith Mathieson SUBJECT: DEPARTMENT: COUNCIL: Catherine and Steven Bryson Engineering and - Request for Release of Environmental Services C. OF W.: Site Plan Securities - Lots 93-97, Plan 589 DATE: MOTION #: August 21, 2003 DATE: R. M. FILE NO.: L04-12652 Mr. and Mrs. Bryson entered into a Site Plan Agreement in June, 2003 to construct a new home on Toronto Street, at which time securities were required to be posted in the amount of $6,000.00 to ensure the construction of Toronto Street past their driveway. Mr. and Mrs. Bryson have completed the construction of Toronto Street and are now requesting the release of the securities held by the Township. Township staff have been circulated the Bryson's request and have no concerns with the release of the $6,000.00 posted as securities to ensure the construction of Toronto Street. 1. THAT this report be received and adopted. 2. THAT the Treasurer be authorized to release securities to Mr. and Mrs. Bryson in the amount of $6 0.00. Res ectf~y submitted, 11 ,J ' ~ 't\. v- . .\_--z. /.:5)/ -( 0~~o- '). 'b 0 1 \d TOWNSHIP OF ORO-MEDONTE REPORT DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2003-46 Keith Mathieson SUBJECT: DEPARTMENT: COUNCIL: 1500494 Ontario Inc. Engineering and (Hans Meyer) - Request for Environmental Services C. OF W.: Reduction in Securities DATE: MOTION #: August 26, 2003 DATE: R. M. FILE NO.: L04-12816 Mr. Meyers entered into a Site Plan Agreement to construct six (6) self-storage units located at 8980 Hwy. #12. At the time of entering into the Agreement, Mr. Meyers supplied the Township with securities in the amount of $156,648.00. Mr. Meyers has now completed the clearing and grubbing of the site and placement of imported fill and is requesting that the securities be reduced by $72,500.00, plus G.S.T. ($5,075.00). Township staff has been circulated and have no concerns with the reduction in securities. 1. THAT this report be received and adopted. 2. THAT the Treasurer be authorized to reduce the securities for 1500494 Ontario Inc. by $77,575.00. lIy submitted, \ leson ~ ~~ ,~()7 ~ .)\ .~-}, ~ \j ~\yJ () \~o~ \J DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2003-44 Keith Mathieson SUBJECT: DEP ARTMENT: COUNCIL: Mr. Victor Urich - 5535 Line 8 Engineering and North - Request to Connect Environmental Services C. OF W.: to Municipal Water System - Pt. Lot 16, Concession 9 DATE: MOTION #: August 29, 2003 DATE: R. M. FILE NO.: L04-12843 TOWNSHIP OF ORO-MEDONTE REPORT Mr. Urich is constructing a new home located at 5535 Line 8 North, north of County Road #19, in the Village of Moonstone and is requesting connection to the existing water system (previous private Moonstone system). Mr. Urich has supplied the Township with a cheque in the amount of $800.00 for upgrades to the Moonstone system. This cheque represents the $1,000.00, less $200.00, for the installation of a water meter, which Mr. Urich will install during construction of his new house. Mr. Urich will be responsible for all costs to connect to the existing water main on Line 8 North and installation of a curb stop and water meter. The connection of this water system will have no negative effect on the existing Robincrest water system. 1. THAT this report be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Water Service Connection Agreement with Mr. Victor Urich. 3. THA ttle Clerk prepares a By-law for Council's consideration. Res " "- Keith Mathieson \3b TOWNSHIP OF ORO-MEDONTE PLANNING ADVISORY COMMITTEE MINUTES August 18, 2003 at 7pm MEMBERS PRESENT: Fran Sutton, Peter Wigham, Susan Grant, Bob Barlow, Councillor Paul Marshall, Councillor Don Bell, Councillor Ruth Fountain STAFF PRESENT: Gary Smith, Planner Nick McDonald, Meridian Planning Consultant Inc OTHERS PRESENT: Kris Menzies, P .K. Menzies Planning Rick Jones, The Jones Consulting Group Ltd. 1. Call to Order by Chairman Councillor Paul Marshall called the meeting to order at 7:00pm 2. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT." None Declared. 3. Adoption of Minutes Moved by Bob Barlow, seconded by Susan Grant "That the minutes of the meeting of the Township of Oro-Medonte Planning Advisory Committee held on July 15, 2003 be adopted as printed and circulated" . Carried 4. Correspondence and Communication Moved by Susan Grant, seconded by Bob Barlow "That the correspondence on the Official Plan be received". Carried \ 3~ 5. Deputations A. Marilynn Forbes - Part of Lot 28, Concession 3 (Oro) In Attendance: Marilynn Forbes Moved by Frances Sutton, seconded by Susan Grant "It is recommended to Council that the Zoning By-law amendment Development Application P-147/03, Marilynn Forbes, Concession 3, Part Lot 28, (formerly Oro), 1832 Ridge Road West, zoned Residential One (R1) be be zoned Residential One Exception 156 (R1 *156) "notwithstanding any other provision in this by-law, a bed and breakfast establishment is permitted on the lands denoted by the symbol *156 on the schedules to this by-law" be approved. Carried. B. Horseshoe Valley Comprehensive Development Plan In Attendance: Ms. Kris Menzies Moved by Peter Wigham, seconded by Susan Grant "It is recommended to Council that the report prepared by Meridian Planning Consultants be received and that Council support the form of the resolution included within the Meridian Report dated August 8, 2003 that provides the basis for the approval of the Comprehensive Development Plan. Carried. C. UCCI- Part of Lots 27 and 28, Concession V (Oro-Medonte In Attendance: Rick Jones, Jones Consulting Group Limited Moved by Bob Barlow, seconded by Frances Sutton " It is recommended to Council that the report prepared by Meridian Planning Consultants be received; and That the principle of establishing an Adult Lifestyle community and associated golf course be established through the adoption of an Official Plan Amendment in accordance with the conditions set out in Section 7.0 of the Meridian Planning Consultants Report; 4 ~ L3 and That the items mentioned in the August 14,2003 joint letter from the County of Simcoe and Gartner Lee Limited be considered for inclusion in the Official Plan Amendment and in subsequent Planning Approvals. Carried 6. Other Business None 7. Adjournment Moved by Bob Barlow at 9:45pm \y~ August 20, 2003 RR # 3, Compo 209 Hawkestone, ON. LOL 1 TO Ph: 487-7147 Ms. Marilyn Pennycook Clerk Township of Oro-Medonte Box 100 Oro, ON. LOL 2XO Re: Ukrainian Cottager's Association -Water Treatment Dear Ms. Pennycook: Following a meeting with Mr. Keith Matheson, it was suggested our Association write to you with our request regarding the water station that serves homes in the Ukrainian Village in Hawkestone. Recently, we have been required to upgrade our system to comply with the Ministry of Environment standards. As such, we have installed a chlorination system. 1. At this time, our Association would like the Township to consider providing the monitoring services required to comply with the Ministry of Environment standards. We understand that the Township has licensed inspectors on staff who are currently managing the various municipal systems. If the Township is interested in providing this service we would appreciate knowing the costs that would be involved and whether the Township would consider applying this costs to the tax bills of the residents involved. 2. We have also agreed to provide Mr. Matheson with a copy of our Engineer's Report and Certificate of Approval for his inspection. This is being done in order to continue discussions regarding the possibility of the Township taking over complete control of this water system in the future. Therefore, we ask that this also be considered by Township staff and that we continue negotiations with the Township towards this goal. At the present time, we are required to collect fees from those residential properties that are serviced by the Ukrainian Cottager's Association water supply. Since we have no legal authority to collect delinquent accounts it is felt that a Municipally run system may solve this and other related issues. Thank you for your consideration of this matter. I look forward to your reply. Yours sincerely, ~/,~ . /~ /.~ ;:d::.:~ /-?? Bob Gregory, Director cc: Mr. Bob Didulka, President 8-20-03; 8:07AM; IWP OT urO-Meaonl~;l .....,j ...."..~ .......:.... .~..... ~..... ...... J <?~~~LT~ \Lfb P\.ANNtRS, ENQiNEERS. $UI\VEYOR~ August 19. 2003 VIA FACSIMILE ONLY Ms. Marilyn Pennycook. Clerk Township of Oro-Medonte P,O. Box 100 Oro. ON LOL 2XO Dear Ms. Pennycook: Re: Official Plan Amendment for Proposed Adult Lifestyle Community by Ucci Consolidated Companies Inc. Council Meeting. August 21. 2003 We are writing in connection with the August 8"' planning report prepared by Mr. Nick McDonald for the above-noted development proposal. which was considered by Planning Advisory Committee (PAC) at its meeting on August 18fh, Would you kindly advise Council. by copy of this correspondence. that we have reviewed the report and our client is in agreement with the recommendations set out therein. We believe the recommendations set out a reasonable basis upon which to move forward. We look forward to being in attendance at Council's August 21st meeting when this matter will be further considered. In the interim. if any additional information is required please feel free to contact me. Yours sincerely. THE JONES CONSULTING GROUP LTD. leas Copy: Mayor and Members of Council Mr. Nick McDonald Mr. Bryan Davidson Suite 100.300 lokesnore Drive. Borrle. Ontorlo l4N 084705-734-2538.705-734-1056 fox. www.jonesconsulting.com ~AUG-20-2003 WED 11:02 AM MERIDIAN PLAN FAX NO, 17057375078 p, 02 ....-' '.......I l3CfO @ \4\c.~ I Augu$t 14, 2003 Mr. Nick McDonald, MCIP, RPP Meridian Planning ] 13 CoJ1ier Street Barrie, ON L4M 1 H2 Dear Mr. McDonald: Re: GLL 22-209 - Proposed Amendment to the Township Official Plan and County of Simcoe Official Plan - Ucci Development, Part of Lots 27 and 28, Concession V, Township of' Oro.Medonte On August 7,2003 a meeting was held among planning staff of the County of Simcoe and their peer reviewer and the proponent and his representatives to discuss the findings of the SAAR Environmental peer review (dated July 17,2003) of the Gartner Lee Limited (GLL) Environmental Impact St1Jdy (May 2002) prepared in support of the above-noted application. The meeting was held at the offices of the Coumy of Simcoe and the folJawing individuals were in attendance: · Ian Bender, Director of Planning, County of Simcoe · Gail White, Planner, County of Simcoe · Linda Sober, SAAR Environmental (ecological consultant on behalf of the County) · Bryan Davidson, Ucci Consolidated Companies Inc. (landowner) · Richard Jones, Jones Consulting (planning consultant on behalf of proponent) · Donald Fraser, Gartner Lee Limited (ecological consultant on behalf of proponent) The purpose of the meeting wa..~ to review the findings of the SAAR peer review of GLL's EIS, to identify points of agreement between the County and the proponent, and to reach a consensus as to future study requirements. Given that this application is being pre~:ented to the Towm;hip's Planning Advisory Committee and Council on August 18t1i and 21'\ r;;J\pective]y, the above parties thought it would be prudent to provide you with a brief synopsis of what we have agreed to, as wen as a course of action that wiJJ aIJow us to move forward on the County's and possibly the Township'$ issues. . AUG-20-2003 WED 11:02 AM MERIDIAN PLAN FAX NO, 17057375078 p, 03 ,-.' 14 Page 2 ~vlr. Nick McDonald. MClP, RPP August 14,2003 Points of Discussion ]. There was recognition that the environmental work carried out to date has been done in $uppon of an OPA, not a site plan, and thereforB the EJS which was submitted does not contain specific details regarding such things as locations of residential units, final golf course layout (cspeciaJJy the extent of clearing required to accommodate the fairways) and associated impacts which wiJI need to be considered at a futurt~ date. To this end, an parties recognize that the County, Township and Lake Simcoe Region Conservation Authority will alJ have a further opportunity to ensure that their respective environmental stundards are met through subsequent stages of the planning approval process. 2. Since the submission of the EIS, the proponent has replaced the golf course architect on his con1;ultant team. As a result, the current development concept will be re-examined in light of the peel' review comments and revised accordingly. 3. There was discussion that the plan would continue to respect the significant woodlands identified in the OMS Unit of the Natural Heritage System for Simcoe County and it was also acknowledged that additional consideration would be given to the pre,servation of and the mitigation of any possible negative impacts of the development on the small swamp thicket communities/wetlands (amphibian breeding habitat), oIl-site and forest interior habitat as discussed in the County peer review report. 4. 11 was also discussed that the recommended 15 m-wide buffer adjacent to each side of the watercourse would be expanded to 20 m to accommodate the habitat requirements of a rare dragonfly. This line wiIJ be staked in the field by Ganner Lee and SAAR Environmental. Addition,,] Stud v ReQuirement.~ There are three key is!!'ues raised in the County'!!, peer review that require further investigation by the proponent's environmental consultant: I. Assessment of the impacts of the proposed undertaking at a more regional scale, Le., within the context of the entire Greenlands Unit (OM8 - Northwest Lake Simcoe). This would involve further consideration of the site's contribution to wildlife/interior forest habitat and corridor function, evaluating the wetlands, as well as quantifying the spatial extent of Greenland loss and reduction in function. The cumulative effects of development on Greenlands Unit OM8 win also be examined further. (2.2209.I/JoI",,,) .AUG-20-2003 WED 11:03 AM MERIDIAN PLAN FAX NO. 17057375078 P. 04 ...........' '--"' \Lt -3 Page 3 Mr. Nick McDonald, MClP, RPP August 14.2003 2. Revisions to the golf course and re$idential design in order to mitigate any negative impacts of the proposed development to the identified features and functions withi!) the subject lands. 3. Additional analysis of the specific functions performed by site woodlands (forest interior habitat) and swamp thicket wetlands (amphibian breeding habitat) and the impacts of site development on these functions. We trusuhat these comments wiJ1 be of assistance to the Township in its review of this Official Plan Amendment. Yours very truly, GARTNER LEE LIMITED COUNTY OF SIMCOE Donald M. Fraser, M.Sc. Senior Ecologist, Principal Ian Bender Director of Planning DMF:!ln<: c.::: L. Sober. SAAR Environmental R. JonC$. Jones Con8uhing B Davidson. Uce:; Consolidated Companic.,; Inc. (Z2:2(W~(jhH1CI';;) AUG-20-~003 14:57 BURGAR ROJ..dE LLP 7057214025 P.01/02 )l\ ~ _ \ Bur8&, Qowe LLP Barristers, Solicitors & Trade Mark Agents August 20, 2003 Mayor Craig and Council The Corporation ofthe Township ofOro-Medonte 148 Line 7 S Box 100 Oro, Ontario LOL 2XO Dear Mayor Craig and Council: HE: HILLWAY EQUIPMENT GRAVEL PIT FILE NO. 017y16 I am the solicitor for Hillway Equipment Ltd, in the matter of an appeal of the zoning by-law amendment and licence application on Part Lots 8 and 9 in Concessions 12 and 13 ofOro. The August 19,2003 draft Official Plan Amendment No. 16 now contains a revision to which we strongly object. The proposed designation of the lands has been revised from Mineral Aggregate Resource Area - Potential as in all previous drafts of the OP A 16 and as presented at the June 3, 2003 Public Meeting, to Agricultural Area. The applications for rezoning and licensing are at the Ontario Municipal Board based 011 the approved Mineral Aggregate Resource designation and the existing MAR2 - Mmeral Aggregate Resource Two Zone. We have established confonnity with the designations and policies except that the suitability of the proposed lih Line haul route and effect on residences in the area has not been accepted by Municipality. We expect that the Board Hearing will be held and the Zoning By-law and licensed approved based on the merit ofthe applications. There has been no justification presented for the removal of the largest and most significant area of Mineral Aggregate Resource. from designation as Mineral Aggregate Resources - Potential. These lands "are deemed appropriate for future extractions, provided all of the policies of this section of the Plan can be met" as the draft OPA states. Page 1 ot 1 * Nili<:ry !lIui('fI',r", .\1/'('('( l~(), l/IJ~' 75/J, Hal',i,:, Oniario, L'/Ivf ../'1'5 I'll: 705.721-3.177 1"(1)," 705.72j../r)J.5 BO/',:<1I', 1(1)\"'" f.LI' I,' t/ Limired l.iahility l'<u'rncrslli" "~gl\'r~N.f ill ()/Iu/!'io cO/1finlli/!g ...'ilia 1870 '-vww. h u ,.~tJ,.r(J I-\-I{', ("011'1 AUG-20-2003 1~:58 BURGAR ROldE LLP .. 7057214025 P.02/02 \ d-:J Removing these lands now is unfair and flies in the face of the established mineral aggregate resource. The removal of the designation would mean that should a private driveway to the 13th Line or County Road 11 be secured then an Official Plan Amendment, new public meeting, adoption and Simcoe County Approval would be required. That is offensive to my client given the effort and time he has expended to date on the matter. . We respectfully request the removal of the Mapping Change as noted in Meridian Report item 4.2.1 prior to adoption of the By-law. Yours very truly, BureJU', Rowe. LLP ~~~ Per: Ian J. Rowe IJR email: cc: irowe@burgarrowe.com Hillway Equipment Ltd. Skelton Brumwell and Associate!! Inc. Chris Williams Page 2 of 1 @ TOTAL P.02 FAX NO, 9055070717 p, 02 ~UG-20-?~03 WED 03:33 PM APAO " __,__n_ .--. -'-" ~ ~,.j7\'O ~, '- 0 l \'~ j O~ ONT ~R\O ggregate producers' s5ociation of Ontorio ~65 8run;;:1 Rood. UniT I MIssissougO. OnTario . LAZli5 fel: (90S) 507-0711 Fox: (QQ.')) 50/-0717 www,opoo,.:;orl"l \~~~'\ August 20, 2003 Mayor Craig and Members of Council Township of Oro-Medonte P.O. Box 100 Oro, Ontario LOL 2XO Attention: Marilyn Penny cook, Clerk Dear Mayor and Counci1lors: Re: Oro Medonte Ofticial Plan On Tuesday, August 19,2003 our Consultants, Skelton, Bromwell and Associates received a copy of the report prepared by Meridian on the proposed OP A, the text of the OP A and Schedules A 1, A2 and A3. We understand the OP A w111 be considered by Council on August 21, 2003. Obvioulsy there is insufficient time and notice to review the documents or prepare a response for consideration by council before a vote is taken as we would have chosen to do. We did briefly review the Report to Council Draft OP A 16 and it is apparent that our previous comments have not been accepted and incorporated into the documents. We continue to believe that OP A 16 does not have regard to the PPS in a number of areas and therefore we cannot accept the document as written. OUT comments have be~n clear and consistent since APAO's early involvement with the Steering Committee. We have given considerable time and resources to participate in this process, yet our comments continue to be disregarded. Weare disappointed to see that COnID1ents fTom the MNR are also disregarded. ...2... HU\r':::u-,:::uUJ Wr:.V UJ. J't rlJ HfHU L.... _~_._ _ r w _.- rH^ NU. ~U~~U(U{l{ r. Uj i4-.Q-:;Z We again request that prior to adoption, OP A 16 be revised to reflect the various AP AO and MNR comments. Please advise us of any decisions made by council and any subsequent changes to OP A 16 as soon as possible. Sincerely, /.;.' c:;?~~~ Peter White Environment and Resource Manager Ag&,rregate Producers Association of Ontario Yours truly, SKELTON, BRUMWELL & ASSOCIATES INC. per:~U . /'la~/~ Anne T. Guiat, BES Aggregate Resource Planner Isle C-03- ,..2... . " AUG-20-2003 16:55 ..... t R.HAALBOOM, Q.C. 519 576 0471 P.01/03 R. Haalboom, Q.C. Barrister Solicitor Notary Ricbard Rijk Baalboom, Q.c.. B.A., J.D. phone (519) 579-2920 fax- (519) 576-0471 rijk@rhaalboomqc.ca VIA FAX: 1-705-487-0133 (3 pages) \LJ+-) 20 August 2003 Ms. Marilyn Pennycook Clerk, Township ofOro-Medonte 148 Line 78., P.O. Box 100 Oro, Ontario LOL 2XO Dear madam: Re: Christian Horizons and Proposed Amendments to Township of Oro-Medonte Official Plan F or the Mayor and Members of Council and your administration, I transmit: - copy of my letter dated 19 August 2003 addressed to Mr. Nick McDonald at Meridian Planning Consultants Inc. (2 pages) The letter's contents is self-explanat{uy; but if you have any questions or want me to do or comment on anything else; please let me know. Thank you. Richard RHJkh Enel. 7 Duke Street West, Suite 304 Kitchener, Ontario, N2H 6N7 AUG-20-2003 16:55 . R. HAALBOOf"1 , Q. C. 519 576 0471 P.02/03 ,-..., R. Haalboom, Q.C. Barrister Solicitor Notary Richard Rijk HaaJboom, Q.C., B.A., J.D. phone (519) 579-2920 fax (519) 576-0471 rijk@rhaalboomqc.ca VIA FAX: 1-705-737-5078 (2 pages) 19 August 2003 Mr. Nick McDonald, MCIP, RPP Partner Meridian Planning Consultants Inc. 113 CoJIier Street Barrie, Ontario L4M IH2 \ f-~ Dear Mr. McDonald: Re: Christian Horizons Township ofOro-Medonte Official Plan Review Your file No. 2360 This letter follows my last note of 14 August 2003. My client is quite pleased, generally speaking, with respect to how the proposed Official Plan amendments appear to meet the required criteria on the ground, if I may speak in such terms. On behalf of my client, I thank you. r Consequently, your Jproposed amendments are received in an open and thankful frame of mind. My client, as a representative of some of your Township residents, wants to be a co- operative resident and a good neighbour and property owner. A couple of specific additional comments: My client mentioned that in quite a few municipalities the :m.inlinum distance separation of homes for residential care is 500 metres. 1 admit sometimes this distance is somewhat more~ but I have never seen it at more than 1,000 metres. Although this next point does not currently apply to the Township ofOro-Medonte: the 1,000 metre separation distance, for .....2 7 Duke Street West, Suite 304 Kitchener, Ontario, N2H 6N7 .. .. ~ ~~ AUG-20-2003 16:55 R.HAALBOOM, Q.C. 519 576 0471 P. \:::U/I:j.j r'-. -2- )L\{ -3 YIA FAX: 1-705-737-5078 (2 pages) 19 August 2003 Mr. Nick McDonald, MCIP, RPP Meridian Planning Consultants Inc. Re: Christian Horizons Township of Oro-Medonte Official Plan Review Your File No. 2360 example, could theoretically at some future point in time exclude a residential care home which met all other requirements as a residence. This is an issue that some day will be faced by someone. In the meantime, and it is only a suggestion, and due to the acquired jargon incorporated into the term "group home" and some person's views that the word "facility" suggests larger buildings such as hospitals or, for example, medical facilities or sports facilities; it is thought that a title such as "residential care homes" instead of "residential care facilities" would be more appropriate. This, naturally, is subject to your and your client's comments and opinion. If you do have any more questions or comments; please caJI or fax me a note. Thank you. c. - Mr. Ted Robbins Property Manager Christian Horizons Via Fax: 669-1574 (2 pages) R. Haalboom, Q.c. Barrister Solicitor Notary. TOTAL P.03 MITCH N SON PLANNING & DEVELOPMENT CONSULTANTS Augu$f 21, 2003 Via Facsimile 487-0133, 5 pages I4 d-- } ~. MarilynPennycook Clerk Township ofOro-Medonte 148. Line 7 South P.O. Box 100 Oro,Ontario LOL 2>:;0 Dear Ms. Penny-cook: Re.: Proposed 0'0 lffo,oine Land Use StraJ.eg:y -DFoft Official Plon Amendment J0914()20ntarlo Limit~ (Part of Eo...5tHq:lfLot34,Part ofElWllalJLot JS, COIL I, E.P.R.) .Brialed Towns.hip File Nos.: P 1561fi3,SJlbf,Ml!JldianFlle No.: 2476 We are writing on behalf of ourdient 1091402 Onfaric)Limited which owns land v.ithin the area covered by the proposedOro Moraine Official Plan Amondment On December 8,2002 and April 16, 2003 we provided comments to the Township's Pl:a:nningConsultants in responseto the draft OfficialPlanAmendment and expressed our client's concerns regarding the proposed policies (copies attached); In addition, we observed portions of two working group meetings, attended the March 18th open house and met With Mr. McDonald and Mr. 101'los to discuss the draft polices together with 8 development propo3aHorourclient's lands. OUf intention is to work with the Township in developing a portion oftbe subject lands on the basis of good planning and in. an environmentally sound m~ei'. The proposed Oro Moraine policies would frustrate thisobjecrive. In this regard, on June 13, 2003, MacNaughton Hennsen Britton Clarkson Planning Limited submitted applications for an Official Plan Amcndment, Zoning By-law Amendment and Draft Plan of Subdivision for oU1:'cHent's lands. On July 5, 2003, the ToWIWhip's rWllring Consultant confirmed that the appHcationswerecomplete and have been circulated foragericyreview and comment On July 24m, we met with Mr. McDonald and Mr. Bender to furtherdiseussthe status oftheappli:c.ations. Given the development potential of the subj"clland5 and the current development applications, it is requestedthatthe property be exempted from the propOsedOro Moraine policies. Alternatively, a "Special Policy Area" designation. could be considered for the lands, recognizing the tlnal phase of the development subject to therequire<l environmeritilJjustification. Additionally, the policies could state that no further development will be permittedonlh~lands after completion of this final phase. We had previously requested this modification in our April 160\ cOITespondenc~ and have nol yd received a response. In reviewing the latest version of the proPQsedOro Moraine OPA, we note that our request has not been addressed. Therefore, we woulda,gain respectfully request that CQuncil approve our proposed modification prior to adoptionoft.he 010 Motaine OPA. .__......._.~.~._"."'.._";_,_...".~'.'"~~.'<'d...'...,.\"",,m;W..' 1 57 HIGHLAND AVENUE . BARRIE . ONTARIO . L4M lN2 (705)739-1175. MOBll.:E (70S)7~}O,9171 . FAX (705)73.9-B118 f)1(;f,)ICl.!fiitchl~~J:Y~~ymP'ltjco,cti n/7 ::tn~..1 ~w~~n:nL SO' Lc.6n~ ~ 8 L L 8' 68L . SOL :118 :j.U8S . Please do not hesitate to contact theundersigned~bou1QYQu.have any ques.tions or comments regarding thepf'(,:Ceding. Tbankyou. l4 ~ _~ Y QUfstruly. !h'u:,;Pf-rA;,K8 '-- NICOLA MlTCHIN50N PR.INCIPAL. c. Gary Smith NiCk McDonald Brentqiit'~on CJient 2 57 HIGHLAND Ave.NUE. BAR.R1~..()NTARIO . L4M J,N2 (705)739~717S . MOI31LE. (70$)7';:JP~~Pt . fAX(705)739-~llB rilcOl~.ml~chln$qn(9l.$Y01P~ico.ca ~a ~ ~a-6BL -SOL :JiS :j.ues ,..,1<::, ::.np.J ~W~~L:OL BO-~c-5n~ . M T C H 'lt~-3 N SON Pl.ANNJNG & DEVELOPMENT CONSULTANTS DecemberS.2oo2 Via Fac~imile 737-5078, 1 page Mr. Nick McDonald, MCW, RPP Meridian Planning Consultants 113 comerS~ Barrie, Ont~9 L4M 1H2 Dear Nick: Re: Propo$~dOro Moraine Land Use Stralegy~ Tmv"SlIipQIOro-Medonte J am writjng further to ourDecemb(')r 2, 2002 telep"on~cQnvemfion regarding the above noted matter and on behalf of our client. 1091402 Ontario Ltd., wboown.$.p.~pert}' in the TownshipofOro-Medonte. Their lands are approx.irollteJy3QO acres in size an4 are located just$O~tbofCraig.burst. alou,gthe south side of Bidwell Road (more particu1ady described as Part ofthe East Halfoftot34and Part of the Eashnd West Half of Lot 35, Concc$sioo i.'E.P;R.,. former TownsbipofOro.nowToWnship ofOro-Medonte). Our c1ientpurchased these lands for re~j~J)tjal development puq>oses. . As discussed. our client attended the November 12, 2002 public open house/pre:.>entation on the proposed Oro Moraine Land Use. Strategy and A~pte Resourte~sement Plan. Tbeir.Jarids appear to be in. an area affected byt.4e proposed Oro Moraine policies. Assucb.lhey are formally advising of their concern that the proposedP9ijc:ie~ may adversely impact the deve'opm"Pl.pot~ptial of their l~ds, , ,. . ' .. Givea this concern, we request notice of all future meetings regarding the proposed Land Use Strategy as well as copiesofanydnft policies for our re\'iew and comment-Please forward all information to the undersigned by facsimi}eor e~mail (nicola.mitchinson@Sympatico.ca). Thank you. Yours truly, /JA14~ . ~'M~J'- . NICOLA MITCHINSON PRINCIPAL CC, I 091402 Ontario Ltd. 57 HIGHLAND AVE.. BARRIE. ON l4M 1 N2 (705)7~~71751 (706)739-81 16F_x 1(706)790-917' Mobile '11l1\............ I . ^ I ("\r'\ _ ! '7 ~ Rn'rf ~Q L L~.fi~/ -C:;OL :^8 J.,ues .0. it ... '- \~~-lf MITCHINSON PLANNING Be. D.EVELOPMENT CONSULTANTS April 16. 2003 Mr. Nick. McDonald. MCW, RPP MeridianPbwning Consultants III ColUer$treet Barrie, ~o L4M 11-12 Via Facs/mile 737-5()78, 2 pages (lfr'd ~:bf{"!.) Dear Nick: Re.: Proposed Orf,JMQ,tdnt Land Use 8lrQJeg....Draft OfflCkII P'trIIA~lIdme1ft J9PJ4f):J O"tlU'io L.l,"l1ed(Panot}!ast1I,~LtJt3~lPart ofElJf' lIti/fLot 35, Con. 1, ~.p.R.) ..' ..~.' ..' - ,'. . . We are writing on behalf ofourcHent 10914020nqu-io Limited which, as you know from our previous cOri'e$pondcnce, owns land witbintlteproposedppfi~~. We have now had an opportunity to review the dratH>roMoraine OffidalPlanAmendmeDt (dated Febnwy 27, 2003) as well as Y3fious workinguougmeeting minutes. WeilaYe observed portions of two workinggn;}(Jp meet".ing/:i and attended the Marob18ppenhouse. Webave also met with you and with Mike ]Qgesof Azimuth Environmental to dlscu$s fuFdtaftpoJices as weU M a development proposal on our client's Jands. . As discussed) we are concerned about the implicatiQn~ of the policies on the development potenttsJ of our clienCspropeny. As also discussed, our intentionis,tQwodc.with the T0Wl151:1ip in developing a portion of the subject lands on the basis of good pJanning and in an environmentalJy SCJUnd manner. Our comme.uts regarding the proposed policios aresl.unmarized in the following: 1. The Township's Official Plan has a number ona!1~blegoals and objectives. The 1itera~ 811d m~ngs .to. date st:ress the .need for .a balanccd.ppJ1)$chtofulfiUiJ)g~~segoals and objectives. However, the Ora Moraine policies ascurrentl}tib'aft~ dooot appear to balance the 000- ~nvjronm~nt.al objective~asnewdevel()pm\mtwit1tiri the majority of the moraine is prQhibited. The meeting minutes reveaJcomments from ~uniQip2i.l r~resent8riv~ regarding the need to balance eooo.omicdevelopmentobjectives with envirorun~~lprotectjon objectives and the noed to protect tbe:rlgbtsoflandowners. In thisreprd, we note that tbere are two members Qntne working group with appro~ dev~lopn1enm in the Oro Moraino~ however. thej~~~ of priva1c. hlJ1.downe~in the ar~a without deveJopment approvals do not appear 10 bereprc~~nt~; It WjiS quiwevidcm at the March 18m open hQusotbatmany landowners8IccOncemed wjthtJl~proposed prohibitiQns on development. 1 O/C a5B...j 57 H1GHLAND AVENUE . eA~e . ONTARIO. \AM lN2 (70S)739~7175 . MOEtILE (70'}19Q';9l71. FAX (705)73.9-8118 .OIrAI~.roJtC~Iri~!~JlIp#tI~,ca ~VlJVO~:O~ 80- ~G-5nv ~e~~e-68L-SOL :fiS :j.uas , ...... . 2. The.$cientific analysis prepared to date isb~lybased. More dctaiJedanalysis 1.s required to det<<minecondusiveJywhetber land5~hould~lihould not be desipatcd8S a "Core Area" or .'~P~tion Area". . . \L\ -5 .Development. in many insttmces, should not Qe>prohibited, but insteadshouJd be subject to ~n~~~ testSQf :Criteria, which, jf ~sfi~.wiJJensure environin~ntJIlprotectioD while at the same tiJ:fic. pe;nniUing ~nsitivefurmsofdevf'Jopment; 3. As you are aware, our cHent iscurrontly preparing~applicatioJ1 for an estate residential subdivision ol:\priV2ltcserviCQs. Tbei>lSnpropo&Cstodevel9P.~..smallportionof.. much larger 144haparcel of land.1.1l~development represents a logicaJe)C:ti:#1$iPf]and completion pf an existing development node. This. nQQeconsiSt$ofI~rgeest4telQtswidil1}U1imal tree removal. It is hydro--geologicaUy sou~a.r,lddoe$ not adverselyimpactd1erurl\'p~ .oftbearea. Inligbfofthe developmentpt)tontialofthe~~bjectl~ds and the pending development application, it js~AA~t11attbc propertybcomi~(rQ81~4propp.sed Oro MQraine policies. Alternmively, a "$~jaJ poiicy Area)'~j&D~tioncouldl)eqoQsjd~ for:the 18Jldsrecogn,i:zingthe potential for thi$ fj.1)~,pbaseofdevel()pmentsubJecttothereq9,~erlyironmental justi:fitation. AdditiQnally,the P9li~ie~oould state thatnofiJ,rther de:velop~Iltwilll:>e permitted ontbeJands a.fb::r completion of thisnl)a:JPb~e. We would like to discuss the preceding with youin~rtb.er detail prior to the finalization of oW' appH~alion& .and finalization t)f~eOfO Morain~J,J91it:iC)$, Thank you. YOUf$truly. /$Cbtx t&k[,;It,,,- . NICOLA MITCHINSON PRINCIPAL c. Mr. Lou ersi Dr.hiwhaelDeCosta 73 0..fJ80 J 734-112/ 2 57 HIGHLAND AVENUE .~IE.ONTARIO +L4H 1N2 (705)739-717S. M08JlE{70S)7~~917,... FM (705)7~9.ti118 . . . ., . , . . ".., . . nlc;ol!).'ITI'~lff~o..~0tt~~'9,c:a. , ,j\I'-i I 1 .... I r' fi _ I ';1' _ R n ff ~8~~8.68L.SOL :"8 ;j.ues ILt~ VILLAGE MILK STORE c/o Sang - Mok Nam R.R.#3, Shanty Bay, On LOL 2LO telephone 705722 - 3300 August 16th,2003. AYe 1 9 2003 His Worship Mayor Neil Craig, Township ofOro-Medonte, Attention: Township Council Re: Request for sign posting on trail To whom it may concern, We currently operate the only convenience store in the village of Shanty Bay. We feel it is time to consider erecting a sign at the corner of the Second Line and the railway trail. Such a sign would be an advantage to our busines, but would particularly solve major problems for those who use the trail - i.e" drinks, snacks and washroom break. Unfortunately, there is no public washroom in the Shanty Bay area. Many people arrive to use the store's washroom which is NOT public. This is often quite bothersome for us. I am not aware of the township's regulations regarding the trail, hence am asking how one does go about getting a sign erected at this place. Your prompt response would be greatly appreciated. Thank you. Sincerely, --~'-M ~ Sang - Mok Nam -~ . "> Office of the Minister 77 Grenville Street, 11'" Floor Toronto, Ontario M5S 183 Tel: (416) 326-3074 Fax: {416) 326-3083 Bureau du ministre 77, rue Grenville, 11" etage Toronto (Ontario) M5S 183 Tel.: (4161 326-3074 Telec.: (41 6) 326-3083 \l\ -, - \ @ Ontario ('p~ Y1Y5 Ministry of Agriculture and Food Ministere de l'Agriculture et de I' Alimentation August 8, 2003 i A/H; 1 4 lOD3 I ORO_ ro 'A, ONTE ~ .. Municipalities in Ontario Dear Council, Clerk and Treasurer: I am writing to you regarding the 2003/2004 Tile Loan Program. As you may recalI, last year I committed to review the interest rate and the loan limit of the Tile Loan Program. The ministry recognizes that tile drainage is a fundamental component of Ontario agriculture. The benefits of tile drainage include improved crop yields, reduced crop losses, reduced nutrient input requirements, improved soil quality and reduced erosion due to overland flow of water. It is possible that tile drainage can also facilitate the flow of nutrients to a receiving waterbody. For this reason, the Nutrient Management Advisory. Committee has been assigned the responsibility of developing recommendations for the spreading of nutrients on tile-drained land. I have decided to defer any decisions on the Tile Loan Program interest rate and loan limit until these recommendations have been developed and implemented. Therefore, for the 2003/2004 fiscal year, tile loans will continue to be available at an 8 % interest rate for the fixed ten-year term. The maximum amount of loan available to an individual farmer in one year remains at $20,000. For more infonnation on the details of the program, please review the infonnation summarized on the attached page. For information on the details of the Tile Loan Program, contact Sid Vander Veen at 519.,.826-3552 or by email atsid.vanderveen@omaf.~ov.on.ca. Sincerely, Ministry HeadquaTters: 1 Slone Road West, Guelph, Ontario N1G 4Y2 Bureau orinciDal du ministere: 1, rue Stone ouest, Guelph (Ontario) N1G 4Y2 Invite Ontario Home Invitez l'Ontario chez soi \.~ , ..." ~ Calculation of Annual Tile Loan Repayment \l.\,- J- In the past, the Ministry has recommended that the annual repayment for a lO-year loan at 8% interest be calculated by multiplying the principal borrowed by 0.149. However, this factor is not completely accurate and therefore, it also introduces inaccuracies into the repayment figure. The annual repayment for a lO-year loan at 8% interest must now be calculated based as follows: Annual Repayment Amount = Principal x 0.1490295 Show . h bl b 1 n In t e ta e e ow are t ee examp es 0 c cu atmg t e annu Inst ment amount: Loan Amount Calculation Instalment Amount 1. $ 4,900 $4,900 x 0.1490295 = 730.24455 ~ use $730.24 2. $17,800 $17,800 x 0.1490295 = 2,652.7251 ~ use $2,652.73 3. $20,000 $20,000 x 0.1490295 = 2,980.5900 ~ use $2,980.59 hr I fall. h al' al Amortization Schedule The following is an example of an amortization schedule for a $1,000.00 loan at an 8% rate of interest for the tenn of the 10 year loan. The annual instalment is $1,000 x 0.1490295 = $149.0295 (rounded = $149.03) Payment No. Instalment Interest Principal Balance $1,000.00 1 $149.03 $80.00 $69.03 $930.97 2 $149.03 $74.48 $74.55 $856.42 3 $149.03 $68.51 $80.52 $775.90 4 $149.03 $62.07 $86.96 $688.94 5 $149.03 $55.12 $93.91 $595.03 6 $149.03 $47.60 $101.43 $493.60 7 $149.03 $39.49 $109.54 $384.06 8 $149.03 $30.72 $118.31 $265.75 9 $149.03 $21.26 $127.77 $137.98 10 $149.03 $11.04 $137.99 -$0.01 adjusted $11.05 $137.98 $0 The total principal paid must equal the total original loan. Any differences (usually pennies) in the loan balance after the final payment should be rectified by adjusting the final interest payment. CHECK OUT THE "TILE LOAN CALCULATOR" LOCATED ON THE OMAF WEBSITE: www _gOY .on.caJOMAF/english/landuse/drainage.htm . ..... .. .' ""J 200312004 TILE LOAN PROGRAM \0 b rf \-\\-:J LOAN DETAILS: The Tile Drainage Act allows municipalities to "sell" debentures to the Province for funding private tile drainage projects. A municipality may only offer to sell one debenture per month to the Province, and this debenture must be dated for the first of the month and must include all tile loans received for that month. The tenn of the loan is 10 years and the repayment is due annually. The interest rate for the loans issued under this Program will remain at 8%, fixed for the 10-year term of the loan. Interest is compounded annually, and the loan can be paid at any time without penalty. LOAN LIMIT: A Ministry policy limits the amount of loan available to a fanner each year. The policy reads as follows: "The sum of all loans issued in any fiscal year, to an individual, as an individual, or in his role in a partnership or corporation shall not exc-eed $20,000". Therefore, farmers may obtain a loan for the lesser of: (a) amount applied for by the farmer; (b) 75% of the value of the tile drainage work perlormed; or (c) $20,000. INELIGIBLE COSTS: There are costs that cannot be included in a Tile Loan application. Any costs incurred off the farm property or any costs not related to the tile drainage system are not eligible for the loan. In addition, the cost of GST and work perlonned illegally by a tile drainage contractor that is not licensed under the Agricultural Tile Drainage Installation Act is not eligible for the loan. DEBENTURE INFORMATION: Debentures received by our Ministry before August 1st, 2003 wi1l be purchased. AVAILABILITY OF FUNDS: The tile drainage loan funds are available on a first come, first served basis for the full fiscal year. If program usage this year happens to be higher than anticipated, we will send you a letter indicating how the remainder of the program funds wi1l be managed to control spending within our budget. FOR MORE INFORMATION: · Refer to the "Guidelines for the Tile Loan Program", available from Ministry staff. · Review the drainage page of the Ministry website: www.gov.on.ca/OMAF/englishllanduse/drainage.htm · Contact the appropriate OMAF staff CONTACTS: ~ For information on preparing or processing tile drainage debenture packages: Andy Kester or Valerie Anderson 519-826-3551 519-826-3324 Email: andy .kester@omaf.gov .on.ca Email:valerie.anderson@omaf.gov.on.ca ~For infonnation about tile loan invoicing and repayments: Dianna Moore 519-826-3327 Email: dianna.moore@omaf.gov.on.ca ~ For information on the management of the Tile Loan Program: Sid Vander Veen 519-826-3552 Email: sid.vanderveen@omaf.gov.on.ca MAILING: Mail or courier debenture packages to: Ministry of Agriculture and Food Resources Management Branch 3rd Floor, 1 Stone Road West Guelph, Ontario, N1G 4Y2 Fax: 519-826-3254 Page 1 of 1 Marilyn Pennycook \ l\ \ ~ From: Barbara MacKenzie-Wynia [bmackenzie-wynia@nvca.on.ca] Sent: Tuesday, August 12, 2003 3:01 PM To: Marilyn Pennycock Subject: NVCA Member's Watershed Bus Tour Hi Marilyn, On Thursday, September 25,2003 the NVCA will be hosting the NVCA Member's Watershed Bus Tour. We will be visiting important Natural Heritage Features and Healthy Water Projects in the Nottawasaga watershed. Some of this year's highlights will include: . Minesing Swamp . Wasaga Beach . Fort Willow Conservation Area . Oro moraine We are very interested in seeing some interesting areas in Ora-Medonte especially in the expanded jurisdictional area. We would like to stop in Ora-Medonte for lunch and were thinking that the Horseshoe Valley Resort would be a good location. I have contacted a Mr. Martin Gimble about the possibility of taking our guests up the chairlift. We are also interested in having Nick McDonald and Rick Jones address our graup regarding their studies. We have a preliminary route established but are flexible at the moment. Any suggestions you or your staff could give us regarding points of interests, projects sites or projects undertaken by Ora-Medonte would be greatly appreciated. I know Wayne Wilson, C.A.O.lSecretary-Treasurer will be officially inviting you to attend; however, I wanted to . give you some notice so you could pencil in the date. Yours in conservation, Barbara MacKenzie-Wynia Director of Communications Nottawasaga Valley Conservation Authority Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 Concession 8, Utopia LOM 1 TO (705)424-1479 ext. 227 (705)424-2115 fax bmackenzie-wynia@nvca.on.ca 8/2912003 AUG-29-2003 FRI 11:33 AM MERIDIAN PLAN FAX NO. 17057375078 7-'4-03; 3:321'>..,; : , ",--",,' II~ !illlll .. .. JONES COWIU."f1NQ Q:.CIUJ'L'fD Our File: DA V-98160 Mr. Ian Bender, Director County of Simcoe, Planning Department - Administration Centre, "10 Highway No. 26, Mldhurst. Ontario. LOL ,XO I'UNNUS. &HG1NU<<t. 1u'''OY01IS Dear Mr. Bender: Re: Hydrogeologic (Communal SEJrvfclng) Peer Review Proposed Residential Golt Course Community Development - UCCI Consolidated Thank you for your comments on the DavIdson Functlonal.SaN/dng Report and particularly on the communal servicing componenn;. We are pleased to provide you additional comments on the communal sewage system and w<Iter supply component. These are Secflons 3.1 and 3.2 respectively of the letter prepared by Jagger Hims limited. 3.1 Communal SewaQe Servicing <;QmDOOent · lhe irrigation demand of 91.(0) to 136.0c0 m!S /year was provided from the golf course designer/architect. The range accounts for variability. such as climatic conditions etc.. However. to clarify, ftlls water demand is to be drawn from effluent volumes augmented from Kempenfelt Bay. It Is not Intended to draw IrrigatIon needs from any groundwate:r sources; accordingly dlmatlc conditions and/or high water table conditions are not seen as factors to the ovallabnl1V of water. · We concur that groundwater condItions are approxlma1ely 1.0 metres below . ground surface. This Is presently being monitored and the bacKground Information wUI be utlUzed during ftle final design stages. Sewage ettluent and storm water management ponds are distinct and oot Interconnected. The sewage efflLl8nt pond sizing has been based on. 'WtIat we believe to be conservative values. I.e. 450 l111es per capita per day and 2,5 persons per unIt. In addliton we have made allowance tor a 35% Increose In required storage pond volume to account tor those periods Ihol irrigalion Is not expect&d to occur, I.e. wetter perfods. n',e storage pond(s) area and above-grade design are typically tlnal desIgn requirements and accordingly will be completed at that stage In the development proposal. We believe ftlat the Infoonatlon to date demonstrat9s the bases tor the communal sewage disposal requirements. We also wish to point out that consideration is beIng given to effluent recycling. By creating a separate loop tor toilets and urinals etc.. discharge reductions of up to 70% can be realized. lhe balance between Irrigation. effluent disposal and storage will be undertaken at the final design stage taking In to account all approprfate factors. . A:s noted the sewage effiuent ponds and stormwcter management ponds will be separate systems. Both will be designed to account for the groundwater conditions. which we are monttorlng at 1tIe present time. Discharge of the stormwater component will be at out1ets that currently exist and at pre-hydrologic conditions. On-slte controls will be utilized 10 address the water quality component of the runoff and to level 1 Control os requlmd by the MOE (refer to Suite lOO . 300loIuuh0la.LtJua...!QI.rJA..QolallO .t.4&J)8.4.1.QE..1.3A:.253~, 7OS.7.3A.1Q.64.(Q;... ",,,,w.\OoescoNiUUlno.= P. 12/20 ." 2./ :> \ - \ , AUG-29-2003 FRI 11:33 AM MERIDIAN PLAN FAX NO, 17057375078 7-'4-03: 9:52PM: : , " ',.../ stormwcter Management Guidelines. dated March 2QJ3). Tllere will be no Impacts to the subject or adjacent propert1es. The wastewater ponds will store tJe9ted sewage effluent. Based on Zenon system, typical effluent quality parameters are as follows: }> BOD3 }> TSS }> pH ). Turbidity ). Fecal Coliform ~ Total NI1TOgen )- Phosphorous < 3 mg/I < 3 mg/I 6t09 <2NTU < 2.2 cfu per 100 ml < 3 mgl1 < 0.1 mg/I A Certificate 01 Approval from the MOE will be necessary and which will fully document the effluent criteria, sampling and monitoring protocols. The proposed 2ENON sewage treatment system Is quite capable of meeting the requIred Provincial criteria. Accordingly we do not anticipate any on-slte or off-sIte Impacts. . As Indicated the SWM and sewage effluent ponds are separate and will be designed to ensure no cross connection. They will be d'aslgned above the groundwater level and with the appropriate freeboard and/or storage areas to add a factor of safety Into ins d951gn. All ponds are loc::ated outside the required setbacks and floodllne nmtts of the existing watercourse system, which traverses the site, 3.2 Water Supolv ComDonent In regards to the Issues raised In this section of your letter. we mnke reference to cOIT8~ndence and the response prepared by Mr, Steve Usher of Gartner Lee Umited, doted July 8111, 2003, In this response Mr. Usher discusses 1tIe hyd,aullc characteristics of the aquifer. groundwater recharge Impacts and Interference on IO(XlI well systems. We trust this response has adequately addressed the same Issues raised here. If you have further comments please do not hesitate to contact us. SIncerely, THE JONES CONSULTING GROUP LTD. Nlces Mr. Bryan Davidson Mr. Steve Usher. P. Eng.. GLL Ms, Cheryl Shindruk. T JCG Mr. Russell Groves, Zenon Envlronroontal. Land Development Systems Suilf;l.,lQQ.A 3QQLaIlesfiOte,OWte....6ctlh!l_On.laLlo.,L.41tiQ8A..7Q&,214,2&3A,. 7.Qli&1SA. \a!iid(~, """'.....j.OnellCQnQuultlg.com P. 13/20 ?I' 31' 3 j- ~ , AUG-29~2003 FRI 11:33 AM MERIDIAN PLAN FAX NO. 17057375078 P. 14/20 ~~2~qo c:x"'e~~ \..A.. c...c::.. \ Fax Memo N'~ J; ~~ RECEIVED Jrrt 1 1 2083 \L\:\~-I~- '. . .....rJ ...."~ .....:.... .~.... ~..... ...... JONES C.ONSLJI- TINe; CROUP' I. TO, ".,-," "\.ANNI;t\.~, tNG'NHRS. ~t)A"'t.""ORS Copy Me. Ion Bender County or Simcoe Mr. Nick McDonald, Meridian Planning Consultants and clo rh~_r9,,^!~sr1ip of Oro-Medont~ Mr. Brya:: .C?.9vidson To .. ~.~_........__._._- From Cheryl_f.".~hindruk, MCP. Mq,~:.~RPP Date July 9. 2003 Our File DAV-98160 We ore Ironsmlllin ':1: pages (including coVe!.p.2.96). Pleose call us If YOIJ do not,,~~.~~Jve all pages. Ori i!)EJ.!...,,!iII be mOiled..-6s _..... ..............-....---.. l I Re: Response to Jagger Hims Peer Review Comments Please find attached a response to Jogger Hims' peer review comrnents on the hydrogeological components of the Environmental Analysis for the proposed golf course residential dev,~lopment in Oro-Medonte, We would be pleased to discuss these comments with you and Messrs. Bold$On and Theimer of Jogger Hims, os required. Please feel free to contact the undersigned at 705-734-2538, E~xt, 225, or Mr. Steven Usher at (905) 477-8400. ext. 219, direc'~ly if you have questloris, Sincerely, ,l UJA-lt[ fd{~Md;utp-~ SUir/~ 100. JOO Lok""hi">H' Drive. 80rr:e, ()nTorln L4'" 054 706.734-2538 _ iOS-7,34.)C!Si> f".. w,,,,,,,'jQnf/><.;on.q,lting.(;()fll AUG-29-2003 FRI 11:34 AM MERIDIAN PLAN rrl/\ NU, lIU~lj(~U(1j r, I::J/C.U ~ Gartner Lee Limited July 8, 2003 '. Ms. Cheryl Shindruk J ones Consulting Group Suite 100 300 Lakeshore Drive Barrie. ON L4N OB4 Dear Ms. Shindruk: Re: GLL 22-209 - Response to Hydrogeologic Peer Review by Jagger Hims, Ucci Consolidated Companies Inc., Proposed Residential Golf Course Community We have reviewed the questions provided by the Jagger Bims Ltd. in their December 20,2002 letter. The folJowing letter addresses each of the 14 groundwater quantity and quality points raised by Jagger Rims in section 4.0 of their letter. 4.2 Groundwater Quantity . Hydrostratigraphic cross-section D-D' showing TWl and the deeper aquifer conditions was completed shortly after the original report was submitted. The updated cross-section has been attached to this letter. About 100 water well records wen: reviewed regional1y of which 72 WeTe site specific. Due to the number of wa.ter well records, these were not appended to the report. Should the reviewer wish to see them, they can be made avaiJabJe. . The thickness of the aquifer is at least 3 m, bas-cd on TW 1. A deeper water well loca.ted several hundred meters north of TW1 has greater than 10 m of porous sand material at this horizon. Several wells 4 to 5 km to the west, north and ea.st draw water from a similar horizon. Indeed, the same horizon was identified for others 5 krn to the south at Big Bay Point. The a.quifer characteristics cak1.l1ated from the TW 1 well development event is outlined the Environmental Analysis Report. The results of this event are sufficient at the feasibility stage and demonstrate that the aquifer is capable of;l su.itable groundwater supply. Further testing of TW 1 is unnecessary as a formal pumping test program on a production well or wens will be conducted as part of the detailed design stage of the project, and should confirm the aquifer properties. 140 Renfrew DrlvB, SlJlte 102, Marl<.ham, Ontario. L3R 683 tel 905477.8400 fax 905.4 77.1456 Torcnto I V1jn(:()ulfer I Calgi.1ry I Montreal i St. Catharines , Whitehorse I Yellowkni"la I EracebridQe www.gartnerlee.com AUG-29-2003 FRI 11:34 AM MERIDIAN PLAN FAX NO, 17057375078 P. 16/20 ~ \ l\ l'~. \ Y , Pa.ge 2 Jones Consulting Group July g, 2003 . We concur that the pumping time was misstated as 201 minutes in the report methodology. An data analysis and reporting, however, was based on the correct time of 121 minutes at 50 IGPM. . Jagger Rims asserts that the feasibility data obtained during the 4-hour well development is insufficitmt for predictive groundwater interference evaluation. While we agree more detail is required at the detailed design stage, we point out that the present level of information shows that the aquifer is capable of sufficient yield, which we believc is appropriate at the feasibility stage. A fonnal pumping test is certainly required during the detail design stage of the project. Once the principle of development is established by the official plan amendment (OPA) , the proponent is aware that they will have to invest in the production wel1 and other observation wells necessary to support a clear demonstration of the capability of the aquifer. This information is necessary for application for the Permit To Take Water and will have to be undertaken in any event. . We are aware of the various physical limitations to lowering pumps as a contingency measure. This is one of several options that could include deepening wells, replacing wells, alternate water supply, etc. The point that needs to be made is that adverse interference with neighbouring wells without mitigation is not allowable. In this regard, a contingency plan for well interference will be provided as part of the Pennit to Take Water application process to be c.ompleted after the formal pumping test. To obtain this permit the proponent must under the Ontario Water Resourc.es Act ensure that any water taking is b'ustainable in the long tem1. It should not adversely interfere with adjacent properties or any oth~ existing and planned uses of the water, and will have no detrimental effect on the ec.osystem (Ontario Regulation 285/99, as amended). If the water taking causes any negative impact, the permit to take water requires by-law that the permit holder provide water supplies to meet the needs of those affected. We beHeve that the report demonstrates this, and emphasize, as stated above, that the proponent is aware of the need for detaile.d work once the OP A is approved. The water balance infonnation, water quality results, and geologic setting are entirely in agreement for this site. Of the 110 m,m/a of infiltration, we hav4~ showD that 60 mm/a or so will reach the deeper aquifer on the basis of measured gradients anQ soil permeability. (The renuining 50 mmla will move laterally in the shallow weathered soils.) The statement that the site "does not provide significant recharge" is based primarUy on the value of 60 mmla. In the broader context of Ontario a value of 60 rnrnIa is not a high rate of recharge. In the Oro Moraine for example, recharge rates can be as high as 200 to 300 mrnIa or more. . The geochemical similarity of the water in the deep and shallow monitors shows that the recharge of the deep aquifer comes from water that has moved through similar soils. We point out that this is a regional aquifer and much of its recharge comes from the land to the north, which is comprised of the same soils. So, while the shallow groundwater on the site contributes to the recharge of the deeper groundwater systern, it is not the only source. The source of the groundwater to the confined aquifer is clearly th~ slow recharge of shallow water over a wide area. (2111>>./110".,.) AUG-29-2003 FRI 11:34 AM MERIDIAN PLAN ~ FAX NO. l(Ub(J(~U(ij r. I (/~u Page 3 Jonl:!s Consulting Group July 8. 2003 . Groundwater remains -perched in the upper weathered portion of the aquita..rd becau$~ during wetter months the precipitation is greater than infiltration, resulting in perched surface water features. This seasonal condition is consistent with the right soils on site aod is typical of such settings. . We concur that a minimum 72-hour pump test is required at the detailed design stage. The actual length of the test may be longer in order to demon::trate the extent of dra wdown influence and to acquire enough data for reliable long-term predictions. A temporary Ministry of Environment Pem1it to Take Water will be obtained for this testing. . The measured and estimated impacts of prolonged pumping will be determin~d during the formal pumping test. We point out that these works, which require considerable capirol outlay, win be done at the detailed site planning stage, onc.e thl~ OPA is approved. . Due to the high water table conditions, it has been our asse]~ion that construction proceed with few sub-grade structures. Indted this is consistent with the design concept of bungalow style residenc!:& with no basements. The silty soils on the site will be frost susceptible 1>0 road construction will have to consider this as well. D~et1(ling upon the time of year for construction, the placement of buried services will have to consider sump and pump techniques for groundwater control. These aspectS are typicclly dealt with through detailed geotechnical investigation at the site planning stage, much as has been recommended for th~ construction of the ponds. . By way of clarification, the fIre-fighting water is expected to come from a storage pond sourced from Lake: Simcoe. It will not come from the groundwater source as indicated in the Environmental Analysis report. Water Quantity Comments Summary Many of the key points raised by Jagger Hiros are related to the net~d for a fonnal pumping rest, as was reconunended in the Environmental Analysis Report. The well development event provided valuable information on the aquifer characteristics and is a good means of predicting water supply. It is common practice in Ontario to use this information, coupled with water well records and established gtology, at the feasibility stage of such prCtjects. Well drilling and pumping test programs are very costly and are not necessary to answer the more basic questions required to address the feasibility stage. ('2.1209..f/kue.,'S) AUG-29-2003 FRI 11:35 AM MERIDIAN PLAN ~ FAX NO. 17057375078 p, IBlcU \Lt\L'110 Pagc:4 Jooes Consulting Group July 8, 2003 4.3 Groundwater Quality . With respect 10 the potential historic contamination issues aSS()(~ialed with the former raiJ- line, no specific investigations have been undertaken by the proponent. It is our understanding that the trail lands within the boundaries of the Township are now owned by the Township. Mr. Davidson advises liS that that the municipality commissioned an environmental review of the lands prior to assuming ownership. . Weare uncJear as to what hydraulic connection the reviewer is reffming to. First, the till contains 29 to 41 % silt and clay (Table 1, page 10) which clearly govern the permeability of the material (< 1.3 x 10-7 mIs, Table 2, page 11). Second, the d~per holes encountered glaciolacusuine clay and silt, an even less permeable material thar is horizontally layered like a protective blanket. Third, the geology of the area dictates that there are no vertical hydraulic conne~tions through these materials to depth. The connection that exists is simply one of slow vertical leakage, at rates of 0.4 to 7 m per year. With respe(;t to the inference of contaminant movement from the storage ponds, or through spra.y irrigation, we point out that the effluent stored there will be treated effluent, and will thus not pose a risk. An assessment of the n~d to evaluate groundwater transport is more appropriate at the detailed design stage, when faciJicy characteristics have been determined. . The site will require a Certificate of Approval under Section 53 of the' Ontario Water Resources Act for Sewage Works. Once the details of the pond sizes and locations are la10wn through detailed site planning, the analysis needed to support such an application will . be carried out. It is typically at this point that the calculation nnder Guideline B-7 (MOE Reasonable Use Guideline) is don~, once the physical details are known. Given the attenuative capacity of these native soils, the slow rate of groundwater movement, coupled with the low nitrate concentration of the effluent (< 5 mg/L), it )$ anticipated that Guideline B-7 will be easil)' met. The B-7 assessment for nitrate will be cttrried out at the detailed site design stage. Water Quality Comments Summary The low penneability of the silty sand till and glaciolacustrine deposits ensures that a good hydraulic barrier exists between the surface water and groundwater resources. (22Z09.(A<u....) AUG-29-2003 FRI 11:35 AM MERIDIAN PLAN ~ FAX NO. 17057375078 p, 19/20 Page 5 Jones ConsulliTlg Group JuJ}' 8. 2003 I trust that the above information adequatE:ly addresses the points raised by Jagger Hims and provides more support to ol.lr original conclusions. Should you or ~I.ny other reviewer have any questions, please feel free to <:ontact the undersigned Yours very truly. GARTNER LEE LIMITED Steven J. Usher, M.Sc., P.Eng.. P.Geo. Senior Hydrogeologist SJU:tmc Attach. (.:209-m.ner.) J" => " --- => " ,- o :::> " .-) C) => ~ c::: c: - :::; - ::. ;J "> '> - :> :> :> .J :> .J > ~ ORO 2 ............... -. - ~@;I' e I~ I ! \ - , ":"."",, ,Ie I I '" ~ m: ~ I >:: i " z I;: I < ~p " !?>",-' ~::;.o~ ~: ~y/ ~ #. # 0<# ~ \ ~ 2111 ~f<;"~ "V4'J.t-"- ",;,,'s.~ti~~#~"~':~'-- ;::-~ '}~-' # ! t:: ~ '... ~,,". &:~? j!f,Fm , ,"{-""';".~,%~iII, '" i.1& ~? % ~ 1: I ~f,;, 0 !,,'~ .f; '~'~fm{ % ~t <, ," ~ <<' ~' " <0 ~...:~' Z 0 r6 %'~ - - j'j :"~,.miM,, ~' .,,_mll ,,",'. " > !i\?iWff#' W _ ;~e~ " . W " ~ .?'a.: ~ '/.' m m '%" i-~ ~:~.~ /. ~.~. 7~~Z" ~ mi ~l' " ". Pi )0:: ~ 9, , ~. Vi <;~~~!iJL -:<" ' I ;W;W .X 0 ill ~%4~~j~. %J '/~ m % ~ ':~.~~~' I ~%i ~{;!~~~ <'::i*?' ~ ..:1:? _._.:'.~ :-...:,-., _'-" I ~~:~ . 4 -~ . &Iii\Im) mm~ - I m~ T ~.~ I ~ !!'J ~ m;:m tq:m: ..,..,.- -- ~ .1& m )~ I , W ':~ I , . ~i X-0. '" ,~ y , . , Z , 'ce', -'~ ,,~ I , I I I "Ii ~ 230 in a 21 ~ ~200 19 IMO .70 160 150 140 , 260 250 240 230 220 210 200 HO U$EM) ... Clay otld Sill _ Cloy C=:=J Sand ~ Boulders ~~1 . ::-;......;',.,:..; Sand and G(av~1 ~ Oa-d,oclor i 15 ~ ~ '" ~ . wor WQI~r W.all LocoUon and !!:-- kjentificotion - OrigInal Cround ------ -lnteITed StratigraphIc. Confoct ~_-=--WQht table ~ Potontiomotrie SUrlo.e9 90 -Scr~n!ld ',,1.,...,01 80 70 60 50 Na1E: Strati9'.Jphy behr~ borcl'\ct4l." ;s infollrred ond may voty from lhat shOWln. ..............- 'OOm """" - WUIQM. "., <Om lied "'-'Y T~d~ CROSS SECTlON])..D' 0.._ Or ~_. By. .'"" O~ 1Iy. ~9""''''' ~ o"""_ri--~;~7D ,...- W I:..... - TT! ~---~ COUNTY OF LAMBTON hi. Associat.ion of Municipalities of Ontario \~J 2003 Counties and Regions, Single Tier Municipalities and District Social Services Administration Boards (DSSABs) Annual Fall Conference October 5th to 8th Holiday Inn Sarnia, 1498 Venetian Boulevard, Point Edward CONFERENCE UPDA TE AMO is pleased to be working with the County of Lambton to bring you this year's annual fall conference, to be held at the Holiday Inn in Point Edward, Ontario. Point Edward is located adjacent to Sarnia and offers a serene marina setting at the foot of the International Bluewater Bridges and Hwy 402. "Success Through Caring, G . I t." rowing, nnova Ion ......... This year's theme is "on loan" from The Lambton County Strategic Plan. The conference program includes topics related to how County, Region and Single Tier municipal representatives can achieve this multi faceted success. Topic areas include: .:. Public Health - How Are We Doing? .:. After the Blackout .:. Information and Privacy and Municipalities .:. Social Services Successes .:. Ambulance Services .:. Growing Local Economies .:. Waste Management Frontier .:. Meeting the Media There will be opportunities in the program to experience "local flavour". Other highlights include: .:. Early arrival activities including a Golf Tournament at the St Clair Parkway Golf Course, guided walking tours and a river cruise .:. Sunday Evening Welcome Reception at the Point Edward Casino .:. Banquet Entertainment - Comedian Scott Harris SIGN UP TODAY - HERE'S HOW To Book Accommodation: The Conference Hotel is now sold out. A room block has been set aside at the adjacent Best Western. For room bookings call 1 877 871 0423 and refer to the AMO/Counties & Regions Conference. To Register for the Conference, the Golf Tournament or other Pre Conference Activities, please complete the attached registration forms. Conference Enquiries: Ms Gwen Rideout at 416 971 9856 or grideout@amo.municom.com. Or visit AMO's website www.amo.on.ca for current information. \ ~y - \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LA W NO. 2003-93 A By-law to Rezone Concession 3, Part of Lot 28, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of Jand and the character, location, and use of buildings and structures within the Township of Oro-Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it appropriate to further amend By-law 1997-95, as amended; AND WHEREAS this By-Jaw is in conformity with the Official Plan of the Township of Oro- Medonte; AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c. P. 13, to the Council of the Corporation of the Township of Oro-Medonte to exercise such powers. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS: 1. Schedule "A2" of By-Jaw 97-95 for the Township of Oro-Medonte, as amended, is hereby further amended by rezoning those lands shown on Schedule "A", attached hereto, from the Residential One (Rl) to the Residential One Exception (Rl *156) Zone. 2. That Subsection 7 of By-law 97-95 be and is hereby amended by the addition of the following subsection: "7.156 * 156 -PART OF LOT 28, CONCESSION 3 (FORMER ORO) Notwithstanding any other provision in this By-law, a bed and breakfast establishment is permitted on the lands denoted by the symbol * 156 on the schedules to this By-law." 3. Schedule, "A", attached, forms part of this By-law. 4. This By-law shall take effect and come into force pursuant to the provisions of and regulations made under the PJanning Act, R.S.O., 1990 c. P. 13. BY -LA W READ A FIRST AND SECOND TIME, THIS 3RD DA Y OF SEPTEMBER , 2003. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS ,2003. DA Y OF THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE Mayor - Neil Craig Clerk - Marilyn Pennycook , \.Qq - d- Schedule lA-II 10 By-Law 2003-093 This is Schedule 'A-I' to By-Law 2003-093 J. Neil Craig ! ~ N passed the day of Mayor Clerk Marilyn Pennycook A/RU @) A/RU 1? U* I.:; I?I ~ V7I Lands to be rezoned ftom the Residential One (R I) Zone to the Residential One k:L:J Exception One Fifty-Six (RI *156) Zone. Township of Oro-Medonte \ LD'o THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW No. 2003-094 Being a Bylaw to provide for Advance Polls & to rescind By-Law No. 2000-71 WHEREAS Section 43(1) of the Municipal Elections Act, S.O. 1996 provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; AND WHEREAS Council for The Corporation of the Township of Oro-Medonte wishes to establish an Advance Vote date and times for the 2003 Municipal Election; NOW THEREFORE, the Council of The Corporation of the Township of Oro- Medonte enacts as follows: 1. That By-Law No. 2000-71 is hereby rescinded. 2. That an advance vote shall be held on the 25th Day of October, 2003, between the hours of 10:00 a.m. and 8:00 p.m. at the Township of Oro- Medonte Administration Centre, 148 Line 7 South, Township of Oro-Medonte. 3. That an advance vote shall also be held on the 25th Day of October, 2003, between the hours of 10:00 a.m. and 8:00 p.m. at the Township of Oro- Medonte Public Works North Yard, 344 County Road 19, Moonstone. Read a first and second time this 3rd day of September 2003. Read a third time and finally passed this day of 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, J. NEIL CRAIG CLERK, MARILYN PENNYCOOK llDc -I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-095 Being a By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Cal Worrell and Elizabeth Smith WHEREAS the Municipal Act, S.O., 2001, c.25, Section 11, authorizes the Council of a Municipality by to pass a by-law respecting water distribution; AND WHEREAS the Applicant has requested permission from the Municipality to connect to a municipal water system (Robincrest); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Robincrest) upon certain terms and conditions; NOW THEREFORE The Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By-law. 2. 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 3rd DAY OF SEPTEMBER, 2003. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2003. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook . . \ \.oc-'l THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in duplicate, this day of ,2003. BETWEEN: CAL WORRELL AND ELIZABETH SMITH Hereinafter referred to as the "Registered Owners" and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: 180 Moonstone Road East Township of Oro-Medonte The Municipality has entered into this Agreement on the day of ,2003. The Registered Owners agree to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2003-25, as amended, being a By-law to regulate Municipal Water Systems within the Township, By-Law No. 2003-24, being a By-Law to establish water charges for the year 2003, and Schedule "A" Water Rates and Fee Schedule, attached hereto. The Registered Owners acknowledge and agree that the Township of Oro-Medonte does not guarantee water pressure, and that either now or in the future, the Owners may be required to install and maintain equipment to satisfy pressure. tt THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE J. Neil Craig, Mayor Marilyn pennycook, Clerk ,t. \ DC -") THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-24 BEING A BY-LAW TO ESTABLISH WATER CHARGES FOR THE YEAR 2003 WHEREAS Section II of the Municipal Act, 2001,8.0.2001, c. 25, as amended, provides that a municipality may pass by-laws respecting water production, treatment and storage; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing charges on any class of person for services or activities provided or done by or on behalf of it; AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it necessary to pass a by-law to establish water charges for the year 2003; NOW THEREFORE the Council of the Corporation of The Township ofOro-Medonte enacts as folJows: I. DEFINITIONS For the purpose of this by-law, 1.1."Municipal Water Area" shall mean a subdivision within The Corporation of the Township ofOro-Medonte. 1.2. "Municipal Water Systems" shalJ include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; l.3."Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 104. "Treasurer" shan mean the Treasurer of The Corporation of the Township of Oro- Medonte. 1.5. "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shan include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1 .6. "Water Works" means any works for the col1ection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. " , \ (..PC ~q BY-LAW NO. 2003-24 (cont'd.) 2. WATER CHARGES, BILLING AND COLLECTION 2.l.As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule "A". 2.2. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to detennine the amount of water used during the year. 2.3.The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule "A" of this by-law. 2.4.The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable water charges. Water bills shall be due and payable not less thatltwenty- one (21) days tram the date of mailing. 2.5.Water payments shall be payable to The Corporation of the Township ofOro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2XO, or at most financial institutions. Water payments made at a financial institution shaU"'aeemed to be paid on the date shown by the Teller's stamp on the biIl stub. The Township shall not be responsible for any applicable service charge payable to the ban1<. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. 2.6.The Treasurer shall impose a ten (10) percent late charge on aU unpaid accounts on the day after the due date. 2.7.If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398 of the Municipal Act, 2001, c. 25, as amended. 3. That By-laws No. 99-130, 2001-58 and 2002-86 are hereby repealed. 4. That this By-law shall take force and effect on January 1,2003. READ A FIRST AND SECOND TIME THIS 16TH DAY OF APRIL, 2003. READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF APRIL, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, J.NEILCRAIG CLERK, MARILYN PENNY COOK 2 \ lo c -6 SCHEDULE "A" WATER RATES AND FEE SCHEDULE BY-LAW NO. 2003-24 WATER RATES: METERED: RESIDENTIAL OR COMMERCIAL SHANTY BAY - M-66, M-71, M-696 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOURWOOD - M-118 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months SUGARBUSH - M-8, M-9, M-30, M-31, M-367, M-368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK- M-157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CANTERBURY - M-343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months $600.00/Unit for twelve (12) Months $ 150.00/Unit for three (3) Months 3 BY-LAW NO. 2003-24 (cont'd.) MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters \ ~L - ~ $575.00/Unit for twelve (12) Months $ 143.75/Unit for three (3) Months HORSESHOE HIGHLANDS - M-391, M-447, M-456 ZONE II Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CRAIGHURST - M-510 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters WARMINSTER - 309, M-I04, M-92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $ 143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Month Period SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.81/Cubic Meter $1.97/Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.89/Cubic Meter $2.05/Cubic Meter 4 t~c ~l BY-LAW NO. 2003-24 (cont'd.) FLAT RATE: RESIDENTIAL MEDONTE HILLS -1650, M-29, M-174 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $ 143.75/Unit for three (3) Month Period ROBIN CREST - M-123, M-I01, BACHLY, MOONSTONE PER SCHEDULE "A" BY-LAW 2002-132 ~ Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period SCHOOLS Flat Rate $ 18.00/ClassroomIMonth for twelve (12) Months HORSESHOE - ORO 1587 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period HORSESHOE - Medonte 1531, M-I0, M-ll, M-23 Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period PINE RIDGE SKI CLUB Flat Rate (6 units) $3,450.00 for twelve (12) Months Flat Rate Commercial $ 862.50 for three (3) Month Period MISCELLANEOUS FEES: CONNECTION FEE INSPECTION $200.00 DISCONNECTION AND RECONNECTION CHARGE $ 50.00 Each 5 \, 0 \\JJ'C~l) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-25 BEING A BY-LAW TO REGULATE MUNICIPAL WATER SYSTEMS WITHIN THE TOWNSHIP OF ORO-MEDONTE. WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By-laws respecting matters related to water production, treatment, storage and distribution; AND WHEREAS Section 79 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in the possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility: . To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; . To inspect, install, repair, replace or alter a public utility meter; . To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; . To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro- Medonte deems it desirable and necessary to pass a By-law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of The Corporation of the Township of Oro- Medonte enacts as follows: 1. DEFINITIONS For the purpose of this By-law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro-Medonte. 1.2 "Fire Chief" shall mean the Chief of The Corporation of the Township of Oro-Medonte Fire Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro-Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. '\ \.oc. -c1 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1.7 "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. 1.8 "Director of Engineering and Environmental Services" shall mean the Director of Engineering and Environmental Services of the Township of Oro-Medonte. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro-Medonte. 1.11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. GENERAL PROVISIONS 2.1 This By-law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without the consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro-Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Engineering and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2 \1 , i ''\ wL -- \ U 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any service pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. 2.7 The Public Works Department shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. 2.8 The Director of Engineering and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. 3. REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL WATER SYSTEM 3.1 Every Owner of a property located within a Municipal Water Area who wishes to connect an existing building to the Municipal Water System may apply, in writing, to the Director of Engineering and Environmental Services. 3.2 Every new residence constructed on a property located within a Municipal Water Area shall be connected to the Municipal Water System. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit, and shall be accompanied by the connection fee as established by By-law. 3.3 The Township reserves the right to refuse any application for connection to the Municipal Water System if the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water Area. 3.4 An Owner may apply, in writing, to Council for an exemption from connection to a Municipal Water System. Council shall consider all requests and may grant an exemption, unless such exemption would be at variance to any written requirement, order or approval by a Medical Officer of Health, Public Health Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any exemption granted under this Section shall not relieve the Owner from the payment of any minimum rate under this By-law. 3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal Water Area and connected to the Municipal Water Supply shall be granted an exemption in order to disconnect from the Municipal Water System. 3.6 Every building connected to a Municipal Water System shall have a single separate connection, with the exception of a building which contains multiple units. 3.7 Any Owner of a building connected, or to be connected, to a Municipal Water System shall install the connection, as per Township Standard OM- W4. 3 3.8 . \l i) ( _\ \ \.~~ t- Every Person who, by act, default, neglect or omission, occasions any loss, damage or injury to any public utility works, or to any plant, machinery, fitting or appurtenances thereof, is liable to the Township therefore. Every Person who willfully or maliciously damages, or causes or knowingly suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting belonging to the Township, or willfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates less than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R. S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Engineering and Environmental Services. If a request is granted by the Director of Engineering and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting land. 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water System, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Engineering and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re-Connection Fee, as established by By-law, shall be charged by the Township for the turning off or on of the Municipal Water Supply, where such action is necessitated by: 3.12.1 - a written request by the Owner; or 3.12.2 - non-payment of a water bill; or 3.12.3 - failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4.1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Engineering and Environmental Services, to stop and prevent waste. 4 \ ~c - \~ 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Engineering and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or the filJing of swimming pools, are not deemed to be a domestic use under the terms of the By-law and may be prohibited, from time to time, by Resolution of Council, and the Director of Engineering and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. .. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following: 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (i) When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1.3 One (1) meter shall be required for each unit within any Residential, Commercial and/or Industrial building. The Director of Engineering and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Engineering and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By-law. 5.2 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Exterior meters shall be firmly attached to the wall of the building and shall be mounted so that the top of the meter shall be between 140 and 170 centimeters from the grade level of the wall directly below it. 5.4 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5 '\ \1c -\) 5.5 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5.6 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, written notice shall be sent by registered mail to the Owner. Such notice shall require that access to the subject meter be provided to the Township within twenty-one (21) days of the date of the notice. If access is not granted within the said twenty-one (21) days, the Director of Engineering and Environmental Services shall shut off the Municipal Water Supply to the subject property. 5.7 Where the Municipal Water Supply has been shut off under Section 5.6, the Director of Engineering and Environmental Services shall turn on the water supply when the Owner has complied with providing access to the meter for inspection and repair by the Township. 5.8 The Owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Engineering and Environmental Services, due to circumstances beyond normal wear and tear. 5.9 No Person, other than an authorized employee or agent of the Township, shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.10 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than: 6.1.1 - employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 - employees authorized by the Director of Engineering and Environmental Services; 6.1.3 - persons having written permission from the Township to use the hydrants, under the supervision of the Director of Engineering and Environmental Services. 6.2 No Person shall, without approval of the Director of Engineering and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall obstruct the access to any hydrant, stopcock, chamber, pipe or hydrant. 7. OFFENCES AND PENALTIES 7.1 Every Person who: 7.1.1 - willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By-law; or 7.1.2 - who contravenes or fails to comply with any provision of this By- law is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act. (i \ ~c - \\..f 7.2 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. Section 442 of the Municipal Act, 2001, S.D. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By-law. 7.3 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 of the other provisions of the By-law, which shall remain in full force and effect. ~ 8. MISCELLANEOUS 8.1 If any provision of this By-law is inconsistent with the Municipal Act, or any other Act, the provisions of the applicable Act shall prevail. 8.2 Where the context permits, words importing the singular also include more than one persons, parties or things of the same kind. Where the context permits, words importing the masculine gender also include female as well as male. 8.3 That this By-law may be cited as the "Water Regulation By-law". 9. REPEAL 9.1 That the Township of Oro-Medonte hereby repeals the following By-laws: No. 95-089; No. 95-090; No. 95-092; No. 95-093; No. 95-094; No. 97-073; No. 97-074; No. 97-075; No. 97-076; No. 97-077; No. 97-078; No. 97-079; No. 97-080; No. 97-081, and No. 98-106. 10. ENACTMENT THAT this By-law shall take force and effect upon final passage hereof. READ A FIRST AND SECOND TIME THIS 18TH DAY OF JUNE, 2003. READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, J. NEIL CRAIG CLERK, MARILYN PENNYCOOK 7 I \.oJ --\ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-096 Being a By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Victor Urich WHEREAS the Municipal Act, 5.0., 2001, c.25, Section 11, authorizes the Council of a Municipality by to pass a by-law respecting water distribution; . AND WHEREAS the Applicant has requested permission from the Municipality to connect to a municipal water system (Robincrest); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Robincrest) upon certain terms and conditions; NOW THEREFORE The Council of the Corporation of the Township of Oro-Medonte enacts as follows: ]. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By-law. 2. 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 3rd DAY OF SEPTEMBER, 2003. BY-lAW READ A THIRD TIME AND fINAllY PASSED THIS 2003. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook \\od-c? THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in duplicate, this day of ,2003. BETWEEN: VICTOR URICH Hereinafter referred to as the "Registered Owner" . - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: 5535 Line 8 North Pt. Lot 16, Concession 9 Township of Oro-Medonte The Municipality has entered into this Agreement on the day of ,2003. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2003-25, as amended, being a By-law to regulate Municipal Water Systems within the Township, By-Law No. 2003-24, being a By-Law to establish water charges for the year 2003, and Schedule "A" Water Rates and Fee Schedule, attached hereto. The Registered Owner acknowledges and agrees that the Township of Oro-Medonte does not guarantee water pressure, and that either now or in the future, the Owner may be required to install and maintain equipment to satisfy pressure. Victor Urich, Owner THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE J. Neil Craig, Mayor Marilyn Pennycook, Clerk . . . . . .- \\ '_/.Z , \.S> C .- ...J THE CORPORATION OF THE TOWNSHH> OF ORO-MEDONTE BY-LA W NO. 2003-24 BEING A BY-LAW TO ESTABLISH WATER CHARGES FOR THE YEAR 2003 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting water production, treatment and storage; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing charges on any class of person for services or activities provided or done by or on behalf of it; AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XU of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it necessary to pass a by-law to establish water charges for the year 2003; NOW THEREFORE the Council of the Corporation of The Township ofOro-Medonte enacts as follows: 1. DEFINITIONS For the purpose of this by-law, 1.1."Municipal Water Area" shall mean a subdivision within The Corporation of the Township ofOro-Medonte. 1.2."Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; 1.3. "Owner" shall mean the assessed owner( s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4."Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro- Medonte. 1.5."Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as pennitted under the applicable Zoning By-law. 1.6."Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. " \\sJd-Y BY-LA W NO. 2003-24 (cont'd.) 2. WATER CHARGES, BILLING AND COLLECTION 2.l.As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule "A". 2.2. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the year. t 2.3.The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule "A" of this by-law. 2A.The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable water charges. Water bills shall be due and payable not less thafltwenty- one (21) days fTom the date of mailing. 2.5.Water payments shall be payable to The Corporation of the Township ofOro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2XO, or at most financial institutions. Water payments made at a financial institution shall"aeemed to be paid on the date shown by the Teller's stamp on the bilI stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. 2.6.The Treasurer shall impose a ten (10) percent late charge on all unpaid accounts on the day after the due date. 2.7.lfan account remains unpaid, the Township may coHeel amounts payable pursuant to Section 398 of the Municipal Act, 2001, c. 25, as amended. 3. Thai By-laws No. 99-130, 20Gl-58 and 2002-86 are hereby repealed. 4. That this By-law shall take force and effect on January 1, 2003. READ A FIRST AND SECOND TIME THIS 16TH DAY OF APRIL, 2003. READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF APRIL, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, J. NEIL CRAIG CLERK, MARlL YN PENNYCOOK 2 \' - i c:: \j)Q-..J SCHEDULE "A" WATER RATES AND FEE SCHEDULE BY-LA W NO. 2003-24 WATER RATES: METERED: RESIDENTIAL OR COMMERCIAL . SHANTY BAY - M-66, M-71, M-696 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOURWOOD - M-1l8 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $l43.75/Unit tor three (3) Months SUGARBUSH - M-8, M-9, M-30, M-31, M-367, M-368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK- M-157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CANTERBURY - M-343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit tor three (3) Months $600.00/Unit tor twelve (12) Months $ 150.00/Uuit for three (3) Months $600.00/Unit for twelve (12) Months $ 150.00/Unit tor three (3) Months 3 BY-LA W NO. 2003-24 (cont'd.) MAPLE WOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters 1l.Dch.-1o $575.00/Unit for twdve (12) Months $ 143.75/Unit for three (3) Months ,,"' HORSESHOE HIGHLANDS - M-391, M-447, M-456 ZONE II Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CRAJGHURST - M-510 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters WARMINSTER- 309, M-I04, M-92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $ 143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Month Period SURCHARGE BASED ON TWEL VE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.81/Cubic Meter $1.97/Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.89/Cubic Meter $2.05/Cubic Meter 4 Hol_1 \~.c. i BY-LA W NO. 2003-24 (cont'd.) FLAT RATE: RESIDENTIAL MEDONTE HILLS -1650, M-29, M-174 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months 4 Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period ROBIN CREST - M-123, M-IO!, BACHLY, MOONSTONE PER SCHEDULE "A" BY-LA W 2002-132 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period SCHOOLS Flat Rate $ 18.00/ClassroomlMonth for twelve (12) Months HORSESHOE - ORO 1587 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period HORSESHOE - Medonte 1531, M-I0, M-ll, M-23 Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period PINE RIDGE SKI CLUB Flat Rate (6 units) $3,450.00 for twelve (12) Months Flat Rate Commercial $ 862.50 for three (3) Month Period .' MISCELLANEOUS FEES: CONNECTION FEE INSPECTION $200.00 DISCONNECTION AND RECONNECTION CHARGE $ 50.00 Each 5 It \ Q t \,J) <i- - 0 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-25 BEING A BY-LAW TO REGULATE MUNICIPAL WATER SYSTEMS WITHIN THE TOWNSHIP OF ORO-MEDONTE. .. WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By-laws respecting matters related to water production, treatment, storage and distribution; ... AND WHEREAS Section 79 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in the possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, 5.0. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility: . To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; . To inspect, install, repair, replace or alter a public utility meter; . To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; . To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro- Medonte deems it desirable and necessary to pass a By-law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of The Corporation of the Township of Oro- Medonte enacts as follows: 1. DEFINITIONS For the purpose of this By-law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro-Medonte. 1.2 "Fire Chief" shall mean the Chief of The Corporation of the Township of Oro-Medonte Fire Department. .i' 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro-Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. \ \oJ+- ~ 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.6 .. . 1.7 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. "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. 1.8 "Director of Engineering and Environmental Services" shall mean the Director of Engineering and Environmental Services of the Township of Oro-Medonte. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.1 0 "Township" shall mean The Corporation of the Township of Oro-Medonte. 1.11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. GENERAL PROVISIONS 2.1 This By-law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without the consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro-Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Engineering and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2 \ i \ - \]d- - \Cj 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any service pipe or attachment, or for shutting off of water to repair or to tap mains,if reasonable notice of the intention to shut off the water is given. 2.7 The Public Works Department shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. -.. 2.8 The Director of Engineering and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. . 3. REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL WATER SYSTEM 3.1 Every Owner of a property located within a Municipal Water Area who wishes to connect an existing building to the Municipal Water System may apply, in writing, to the Director of Engineering and Environmental Services. 3.2 Every new residence constructed on a property located within a Municipal Water Area shall be connected to the Municipal Water System. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit, and shall be accompanied by the connection fee as established by By-law. 3.3 The Township reserves the right to refuse any application for connection to the Municipal Water System if the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water Area. 3.4 An Owner may apply, in writing, to Council for an exemption from connection to a Municipal Water System. Council shall consider all requests and may grant an exemption, unless such exemption would be at variance to any written requirement, order or approval by a Medical Officer of Health, Public Health Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any exemption granted under this Section shall not relieve the Owner from the payment of any minimum rate under this By-law. 3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal Water Area and connected to the Municipal Water Supply shall be granted an exemption in order to disconnect from the Municipal Water System. 3.6 Every building connected to a Municipal Water System shall have a single separate connection, with the exception of a building which contains multiple units. , 3.7 Any Owner of a building connected, or to be connected, to a Municipal Water System shall install the connection, as per Township Standard OM- W4. ~ .... . 4. 4.1 '" 4.2 .. \ ~J ~ . \ \ 3.8 Every Person who, by act, default, neglect or omission, occasions any loss, damage or injury to any public utility works, or to any plant, machinery, fitting or appurtenances thereof, is liable to the Township therefore. Every Person who willfully or maliciously damages, or causes or knowingly suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting belonging to the Township, or willfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates less than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R. S.O. 1990, C.P. 33. as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Engineering and Environmental Services. If a request is granted by the Director of Engineering and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting land. 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water System, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools. in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Engineering and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re-Connection Fee, as established by By-law, shall be charged by the Township for the turning off or on of the Municipal Water Supply, where such action is necessitated by: 3.12.1 - a written request by the Owner; or 3.12.2 - non-payment of a water bill; or 3.12.3 - failure to provide access to a meter WATER USEAGE AND RESTRICTIONS No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Engineering and Environmental Services, to stop and prevent waste. 4 \~~-\f) 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Engineering and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or the filling of swimming pools, are not deemed to be a domestic use under the terms of the By-law and may be prohibited, from time to time, by Resolution of Council, and the Director of Engineering and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. '"" .. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following: 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (i) When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1.3 One (1) meter shall be required for each unit within any Residential, Commercial and/or Industrial building. The Director of Engineering and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Engineering and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By-law. 5.2 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. ...., 5.3 Exterior meters shall be firmly attached to the wall of the building and shall be mounted so that the top of the meter shall be between 140 and 170 centimeters from the grade level of the wall directly below it. -' 5.4 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5 \~d-\3 5.5 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. t' 5.6 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, written notice shall be sent by registered mail to the Owner. Such notice shall require that access to the subject meter be provided to the Township within twenty-one (21) days of the date of the notice. If access is not granted within the said twenty-one (21) days, the Director of Engineering and Environmental Services shall shut off the Municipal Water Supply to the subject property. .. 5.7 Where the Municipal Water Supply has been shut off under Section 5.6, the Director of Engineering and Environmental Services shall turn on the water supply when the Owner has complied with providing access to the meter for inspection and repair by the Township. 5.8 The Owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Engineering and Environmental Services, due to circumstances beyond normal wear and tear. 5.9 No Person, other than an authorized employee or agent of the Township, shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.10 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than: 6.1.1 - employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 - employees authorized by the Director of Engineering and Environmental Services; 6.1.3 - persons having written permission from the Township to use the hydrants, under the supervision of the Director of Engineering and Environmental Services. 6.2 No Person shall, without approval of the Director of Engineering and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall obstruct the access to any hydrant, stopcock, chamber, pipe or hydrant. ,.... 7. OFFENCES AND PENALTIES 7.1 Every Person who: " 7.1.1 - willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By-law; or 7.1.2 - who contravenes or fails to comply with any provision of this By- law is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act. Ii \\.od. - \lJ 7.2 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 otany provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By-law. 7.3 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 of the other provisions of the By-law, which shall remain in full force and effect. .. 8. MISCELLANEOUS 8.1 If any provision of this By-law is inconsistent with the Municipal Act, or any other Act, the provisions of the applicable Act shall prevail. 8.2 Where the context permits, words importing the singular also include more than one persons, parties or things of the same kind. Where the context permits, words importing the masculine gender also include female as well as male. 8.3 That this By-law may be cited as the "Water Regulation By-law". 9. REPEAL 9.1 That the Township of Oro-Medonte hereby repeals the following By-laws: No. 95-089; No. 95-090; No. 95-092; No. 95-093; No. 95-094; No. 97-073; No. 97-074; No. 97-075; No. 97-076; No. 97-077; No. 97-078; No. 97-079; No. 97-080; No. 97-081, and No. 98-106. 10. ENACTMENT THAT this By-law shall take force and effect upon final passage hereof. READ A FIRST AND SECOND TIME THIS 18TH DAY OF JUNE, 2003. READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE "" .,,^ MAYOR, J. NEIL CRAIG CLERK, MARILYN PENNYCOOK 7 \l THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-092 ,<' BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 3, 2003. .. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, September 3, 2003, 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 3'd DAY OF SEPTEMBER., 2003. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 31'd DAY OF SEPTEMBER, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig .. "" Clerk, Marilyn Pennycook