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11 05 2003 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, NOVEMBER 5, 2003 TIME: 7:00 P.M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s,. . . . . . . . . . . . . . . . . . 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 Council Meeting of October 15, 2003 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PU.BLlC MEETINGS: , None. 9. DEPUTATIONS: a) 7:10 p.m. b) 7:30 p.m. c) 7:40 p.m. d) 7:50 p.m. Diana Gerrard, re: Plan 626 Promenade. Vicky Shepherd, re: Plan 626 Promenade. Bev Le May, re: Plan 626 Promenade. Judy Catania, re: Plan 626 Promenade. 10. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Regional Airport Commission, minutes of September 18, 2003 meeting. b) Orillia Public Library Board, minutes of September 24,2003 meeting. c) Joyce Delong, correspondence dated October 15, 2003, re: letter of appreciation, Morningstar Corners. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: . a) 'Report No. ADM 2003-47, Jennifer Zieleniewski,'CAO, PI~m 626 Promenade. b) Report No. PO 2003-18, Andy Karaiskakis, Junior Planner, re: Committee of Adjustment Decisions from October 16, 2003. c) Report No. PO 2003-19, Andy Karaiskakis, Junior Planner re: Committee of Adjustment Special Meeting Decisions from October 29,2003. d) Report No. FD 2003-13, Paul Eenhoorn, Fire Chief, re: Monthly Fire Report for September, 2003. e) Paul Gravelle, Treasurer, Memorandum dated October 20,2003, re: Support of AMTCO Resolution. f) Jennifer Zieleniewski, CAO, re: Rescind Request to Waive Requirements of Zoning By-Law 97-25 (21 Alpine Way) Lot 178, 51M-456 [October 15, 2003 Council Resolution #15]. g) Report No. ADM 2003-49, Jennifer Zieleniewski, ,CAO, Marilyn Pennycook, Clerk, re: Structure and Composition of Committees of Council. h) Report No. BD 2003-19, Kim Allen, Manager of Building Services, re: Administration Building Roof Repair. . i) Report No. EES 2003-56, Keith Mathieson, Director of Engineering and Environmental Services, re: Quotes for Stand-By Power for Municipal Water Treatment Plants. j) Report No. EES 2003-57, Keith Mathieson, Director of Engineering and Environmental Services, re: Heidi's R.V. Sales - Site Plan Agreement - Part of the West Y2 of Lot 20, Concession 11 (Formerly Oro), Being Part 1,51 R-30235, Being all of PIN #58547-0129 (Lt), County of Simcoe [Refer to Item 16b]. k) Report No. EES 2003-59, Keith Mathieson, Director of Engineering and Environmental Services, re: Double R Performance - Site Plan Agreement - pt. Lot 20, Concession 9, Being all of PIN # 58547-0045 (Lt) - Township of Oro-Medonte [Refer to Item 16d]. I) Report No. EES 2003-58, Keith Mathieson, Director of Engineering and Environmental Services re: Township of Oro-Medonte Assumption of Communal Septic System - Country Club Lane, Horseshoe Valley [Refer to Item 16g]. m) Wes Crown, Meridian Planning Consultants Inc., Memorandum to Oro-Medonte Council dated October 27, 2003 re: Susan Hollingshead - Garden Suite By-Law and Agreement. 'I ~ n) Jennifer Zieleniewski, CAO, re: Joint Emergency Preparedness Program (JEPP) Application for Project Funding 2004/2005. , 0) Report No. 2003-09, Jerry Ball, Public Works Superintendent, re: Boundary Road (County Road #93) between City of Barrie and the T~wnship of Oro-Medonte. 1'3. REPORTS OF COMIVIITTEES: , . a) Minutes of the Comm'ittee of the Whole Meeting, October 22,2003. 14. COMMUNICATIONS: a) Ontario's Lake Country for all Seasons, correspondence dated October 23, 2003 re: Fall Gala, Tuesday, November 25,2003 at Horseshoe Valley Resort. b) Darlene Whyte, correspondence dated October 23,2003 re: Assignment of Green Numbers. c) April Kummer, correspondence dated October 3" 2003 re: Allen Street Light Request. d) Nancy Haans, Development Coordinator, The Lung Association, correspondence dated October 15, 2003 re: Proclamation Request, Lung Awareness Month, December, 2003. ' e) Ron Cuthbert, President, Barrillia Park Ratepayer's Association, correspondence dated October 20, 2003 re: Thank You for Restoration of Tennis Court and Basketball Court Request. f) Sang-Mok Nam, correspondence dated October 12, 2003, re: Four Way Stop Sign for County Road 20 and 2nd Concession in Oro-Medonte. g) Dwight Evans, correspondence dated October 27, 2003 re: Part Lot 11 & 12, Concession 13. h) Ian Rowe, Burgar, Rowe LLP, correspondence dated October 28,2003 re: Hillway Equipment Gravel Pit, Proposed Haul Route By-Law. i) Marley Greenglass, correspondence dated October 20,2003 re: Plan 626 Promenade. j) Edith Pallister, correspondence dated October 22, 2003 re: Plan 626 Promenade. k) Edward Pallister, correspondence dated October 23,2003 re: Plan 626 Promenade. I) Colleen & Elio Laraia (nee Bittner); Nick Bittner, correspondence dated October 29, 2003 re: Plan 626 Promenade. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Legal Matter [deferred from October 22, 2003 meeting]. b) Jennifer Zieleniewski, CAO, re: Personnel Matter. 16.BY-LAWS: a) By-law No. 2003-109 Being a By-Law to Authorize the Execution of a Road Improvement Agreement (Line 1 North) between The Corporation of the Township of Oro-Medonte, and FSP Holdings Incorporated (Settler's Ghost Golf Course). b) By-law No. 2003-110 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Heidi's R.V. Sales described as lands as follows: Part of the West;;; of Lot 20, Concession 11 (Formerly Oro) Being Part 1,51 R-30235, Being all of Pin# 58547-0129(Lt) Township of Oro-Medonte1' c) By-law No. 2003-111 Being a By-Law to Regulate the Use of Roads in the Township by Trucks Designed to Carry Aggregate. d) By-Law No. 2003-112 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Double R Performance described as lands as follows: Part Lot 20, Concession 9, Being all of PIN#58547-0045(Lt) Township of Oro-Medonte. e) By-Law No. 2003-113 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Ukcan Investments Inc. and to repeal By-law No. 2003-106 described as lands as follows: Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan 51 R-31319, Together with an Easement over Parts 6 and 7, Plan 51R-31319 Being all of PIN #58546-0074 Township of Oro-Medonte. f) By-Law No. 2003-114 Being a By-law to Amend By-law No. 2003-102, being a By- law to deem certain lands within Registered Plan 461, not to be a registered plan of subdivision for the purposes of subsection (3) of Section 50 of the Planning Act. g) By-Law No. 2003-115 Being a By-law to Assume Certain Communal Septic Systems (Country Club Lane, Horseshoe Valley). 17.CONFIRMATION BY-LAW NO. 2003-108 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ADDENDUM COUNCIL MEETING Wednesday, November 5, 2003 9. DEPUTATIONS: e) John Gilbert, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Plan 626 Promenade. . f) Harold Regan, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation re: Plan 626 Promenade. . g) Renee Paris, Requestto Waive Procedural By-Law 2002-138 to Allow for a Deputation re: Plan 626 Promenade. h) Peter White, Environment and Resources Manager, Aggregate Producers' Association of Ontario, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Haul Route By-Law, 2003-111. 14. COMMUNICATIONS: m) Vicky Shepherd, correspondence dated October 15, 2003, re: Plan 626 Promenade. n) Steve & Julie Castellani, correspondence dated October 26,2003 re: Plan 626 Promenade. 0) Rick and Patti Donnelly (nee Bittner), correspondence dated November 4,2003 re: Plan 626 Promenade. p) Andrew Neale, correspondence dated November 4,2003, re: Plan 626 Promenade. q) Diana Gerrard, correspondence dated November 5, 2003, re: Plan 626 Promenade. r) Robert Sears, correspondence dated October 31, 2003 re: Haul Route By-law, 2003-111. s) Ian Rowe, Burgar, Rowe LLP, correspondence dated November 3,2003 re: Haul Route By-law, 2003-111. t) Gary Bell, Vice President, Skelton Brumwell & Associates Inc., correspondence dated November 5, 2003 re: Haul Route By-law, 2003-111. u) Mardi McLaughlin, Manager, Pepper Haulage Ltd., correspondence dated November 3,2003 re: Haul Route By-law 2003-111. v) Jonathan W. Kahn, Blake, Cassels & Graydon LLP, correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. w) Christopher McGuckin, Resource Manager, Lafarge North America, correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. 11/01/2003 04:48 9055640472 ~... ..-----.-.... , , , , November 4, 2003 Jennifer Zielenwski, CA Township of Oro-Medonte Box 100 Oro, Ontario LOL 2XO Re: Report on Plan 626 Attention: Members of tbe Council of Oro-Medonte I To Whom It May Concern: I would respectfully ask tbat members of tbe council waive any restrictions with regard to a tate request for permission to speak regarding tbe report on Plan 626. Thank you for your courtesy and anticipated cooperation. Sincerely, ~~ '-!.,.Ij Jobn Gilbert 62 Lakeshore Promenade Oro. Ontario PAGE 01 q~ .. . . ~~ ennifer Zieleniewski rom: lent: '0: :c: Harold Regan [hregs@hotmail.com] Wednesday, November 05,200312:16 PM cao@oro-medonte.ca neil.craig@oro-medonte; don .bell@oro-medonte.ca; ruth Jounta in@oro-medonte.ca; harry.hughes@oro-medonte .ca; paul.marshall@oro-medonte.ca; ralph.hough@oro- medonte.ca permission to speak )ubject: . Jennifer: ' I realize that I have made a poor assumption re: deputations tonight. I was l1nder the impression that the council would still hear from the steering committee regardless of notification of deputations (or that I was 'covered' under Vicki's request). I recieved your message that I was mistaken, and apologize for breaking with the protocol. As you know, I could not attend the last meeting (due to a family commitment), however this is something I (we all) would like to see resolved via discusion tonight and I feel that I have important contributions to make regarding the proposal. I would greatly appreciate your approval to be included on the list of speakers tonight. Thank you for your consideration, Hal Regan ( I sent this to an old email and recieved it 'undeliverable' - if you did in fact get it, sorry for the 'duplication') MSN 8 helps eliminate e-mail viruses. Get 2 months FREE*. http://join.msn.com/?page=features/virus&pgmarket=en-Ca&RU=http%3a%2f%2fjoin.msn.com%2f% 3fpage%3dmisc%2fspecialoffers%26pgmarket%3den-ca 1 Page 1 of 1 q~ Marilyn Pennycook From: Reneeparis@aol.com Sent: Wednesday, November 05,20032:39 PM To: clerk@oro-medonte.ca Subject: lakeshore promenade Respectfully I request that council waive the procedural By-law and allow me the opportunity to address council regarding the issue of the Promenade this evening at the meeting. I was on the steering committee that was trying to come up with some ideas for a compromise to keep all people content. "' .. Thank-you Renee Paris 11/5/2003 Page 1 of2 ~~ Marilyn Pennycook From: pwhite [pwhite@apao.com] Wednesday, November 05, 2003 11 :31 AM clerk@oro~medonte.ca " Fw: Request for the waving of the procedural 'BylaW regarding '4 days notice for a deputation to Council Importance: High Sent: To: Subject: I am requesting two considerations. a. leave from the procedural bylaw for deputation before Council. We did not receive the planning Report, schedule and draft bylaw until October 24,2003. Thus we would have needed to get a legal opinion and a review of the report with 3 days in order to comply with the bylaw. This was not possible. b. if you are unable to wave the bylaw, then could I be assured that our correspondence - to be faxed to you today -will be circulated to Council tonight. In order to attend the meeting, I will be leaving my office by 4:00pm. May I have your answer by then? Peter J. T. White Environment and Resources Manager Aggregate Producers' Association of Ontario 365 BruneI Rd., Unit 2 Mississauga, ON, L4Z lZ5 Phone: (905) 507-0711 Fax: (905) 507-0717 Cell: (905) 601-7595 W eb ::w.:w.\:Y,~P-;lQ,QQm E-mail: pwhite@apao.com ----- Original Message ----- From: pwhite To: cler.!s@qro.-:IDedonle.com Sent: Wednesday, November 05,200310:41 AM Subject: Request for the waving of the procedural Bylaw regarding 4 days notice for a deputation to Council On October 24th we received a copy of the Planning report, the schedule and the draft bylaw. That only gave us 3 working days to examine the report and obtain a legal opinion of our own before we would have had to advise you that we wished to address Council. As the Planning report contains a legal opinion we thought it best to get one as well and thus ensure that our presentation was factual and correct and within the laws that apply. We expect to get our legal advice by 12:00 today. Based on the above I an requesting leave from the procedural bylaw to address Council. To arrive in your offices in time I will be leaving Mississauga at 4:00pm. I hope that you will be able to reach a decision and advise me by the hour. Thank you for considering this request by that time Peter J. T. White 11 /"n()()~ .~Jfj'0'i OCT 2 1 2003 MINUTES OF A MEETING ORO"MEDON of ~TE THE LAKE SIMCOE REGIONAL AIRPORT COM~ISSION - HELD ON THURSDAY SEPTEMBER 18,2003' AT THE LAKE SIMCOE REGIONAL AIRPORT \()a ~ \ TERMINAL BUILDING In Attendance: Commissioners: W. Dickie M. Childs G. Fernandes R. Hough L. Leach S. Trotter Staff: W. McArthur, City of Barrie M. Drumm, APM Regrets: W. Gardy M. Ramsay F. Smith CALL TO ORDER The meeting came to order at 7:10 p.m. and was chaired by W. Dickie. 1.0 MINUTES OF THE AUGUST 21.2003 COMMISSION MEETING i) W. Dickie distributed a revised Commission meeting agenda, which included a scheduled deputation with respect to a property matter. MOTION: Moved by S. Trotter, seconded by G. Fernandes. 2003-AC-77 "THAT, the revised agenda for the September 18, 2003 Lake Simcoe Regional Airport Commission meeting, be approved." Carried. ii} M. Childs declared a conflict of interest as a result of the impending deputation. i i i) MOTION: Moved by G. Fernandes, seconded by R. Hough. 2003-AC-78 "THAT, the minutes of the August 21, 2003 Commission meeting, be approved." Carried. 2.0 BUSINESS ARISING FROM THE MINUTES No new business was discussed. > 3.0 PROPERTIES & COMMERCIAL DEVELOPMENT i) A commercial user of the Lake Simcoe Regional Airport made a video presentation of their company. \ 6" -~ ii) M. Childs tendered his resignation from the Lake Simcoe Regional Airport Commission ,through correspondence dated September 18, 2003. MOTION: Moved by S. Trotter; seconded by L. Leach. 2003-~C-79 "THAT, the lake 'Sim~oe ~egi~na) Airport Commission accept the resignation of a Director, M. Childs." Carried. iii) As a result of a confidential property matter, the following motion as passed. MOTION: Moved by S. Trotter, seconded by R. Hough. 2003-AC-80 "THAT, the lake Simcoe Regional Airport Commission meeting move into camera at 7:50 p.m. to discuss a confidential property matter." Carried. CONFIDENTIAL MOTION: 2003-AC-81 Carried. MOTION: Moved by S. Trotter, seconded by L. Leach. 2003-AC-82 "THAT, the lake Simcoe Regional Airport Commission meeting move out of camera at 9:1.0 p.m." Carried. iv) M. Drumm provided the Commission members with an update as to UKCAN II Incorporated's development progress. A letter from the solicitor of UKCAN II Incorporated (now known as Weathervvise Aviation Inc.) dated September 16, 2003 was circulated. The letter stated "our client (Weatherwise Aviation) has been diligently proceeding with the development...a site-plan application was made on July 18, 2003.. .our client expects to satisfy the conditions of the approval.. .and beJieves that it will be in a position to submit a building permit by this Friday (September 19, 2003). As a result, our client anticipates tl1at it will be able to obtain a buiJding permit and have the forms for the footings completed within the next 45 days." MOTION: Moved by G. Fernandes, seconded by L. Leach. 2003-AC-83 "THAT, the lake Simcoe Regional Airport Commission receive the September 16, 2003 correspondence from Pallett Valo, llP and further, that the Lake Simcoe Regional Airport Commission not recommend exercising the one-year right to re-purchase the lands, specifically Part 2 of Plan 51 R-31319 as per the Agreement of Purchase and Sale, to the three municipal partners, in accordance with the September 16, 2003 correspondence from Pallett Valo, LLP." Carried. 2 .- Staff was directed to advise the airport's solicitor for the appropriate responses and notifications. FINANCIAL REPORT \OC\ - 3 4.0 i) The July 2003 and YTD Financial Reports were reviewed. MOTION: Moved by S. Trotter, seconded by LLeach. I I, , " 2003-AC-84 "THAT, the July 2003 and YTD Financial Reports be approved, as presented." Carried. ji) The August 2003 and YTD Financial Reports were reviewed. MOTION: Moved by R. Hough, seconded by G. Fernandes. 2003-AC-85 "THAT, the August 2003 and YTO Financial Reports be approved, as presented." Carried. 5.0 NEW BUSINESS/CORRESPONDENCE i) W. McArthur reviewed the construction update as of September 11, 2003. 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) The next Commission meeting is to be held on Thursday October 16, 2003 at 7:00 p.m. 7.0 ADJOURNMENT MOTION: Moved by L. Leach, seconded by R. Hough. 2003-AC-86 "THAT, the Lake Simcoe Regional Airport Commission meeting adjourn at 9:35 p.m." , ~~f~A~ M. m Recording Secretary, LSRA Commission , \ Carried. ~~~ 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. DeVillers, M.P. A. Caroll, M.P. G. Dunlop, M.P.P. I. Brown, City Manager, City of Orillia L.S.R.A: Tenants 3 \G'\) -I . . ORILLIA PUBLIC LIBRARY BOARD MINUfES SEPTEMBER 24. 200~ A regular meeting of the Library Board was held in the Children's Services Department of the Library commencing at 7:00 p.m. PRESENT - BOARD -C. Dowd, Chair; J. Swartz, Vice-Chair; A.M. Alexander; R. Fountain; J. Francis; M. Hill; K. McLaughlin - STAFF - M. Saddy, Chief Executive Officer S. Campbell, Director of Children's Services L. Gibbon, Director of Information Services D. Rowe, Director of Technical Services T. Chatten, Recorder ABSENT - F. Kreisz; B. Stanton The Chair welcomed everyone back after the summer. DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None CONSENT AGENDA MOTION #2003:41 Moved by J. Francis, seconded by M. Hill that the consent agenda of the September 24, 2003 meeting be adopted. CARRIED NEW BUSINESS Board Remuneration - K. McLaughlin addressed this issue which was passed by City Council to discontinue payment to board members. City Council is considering reinstating this item and K. McLaughlin asked for input to take back to Council's October 6 meeting. FRIENDS OF THE LIBRARY M. Saddy reported that the Friends are looking for new members who may be interested in joining this group. Evelyn Johnstone and Jayne Turvey attended the Seniors Fair at ODAS Park which was very well attended. The Friends of the Gravenhurst Library recently hosted an Antiques Roadshow type of fundraising event which was very successfu1. Evelyn and Jayne are looking into the possibility of a similar event for the Orillia Public Library. K. McLaughlin commented that he recently mentioned several volunteers who had received provincial recognition at the City Council meeting. . , REPORT OF THE CEO Application for Digitization Proiect MOrION #2003:42 , Moved by J. Francis:, seconded by M. Hi11 that the Orillia Public Library Board authorize' . staff to make application to the Canadian Culture Online Program to digitize the OriIlia City Council minutes from the initial meetings to present day and to create an educational component based on these minutes. CARRIED This is a three-party joint project between the City of Ori11ia and the Library; with one additional partner required. REPORT OF BOARD COMMITTEES AND REPRESENTATIVES Personnel MOTION #2003:43 Moved by K. McLaughlin, seconded by R. Fountain that effective/retroactive July 1, 2003 the staff of the Orillia Public Library move' to the City salary grids and that necessary funding be charged to the City contingency account. CARRIED BuiJding Steering Committee - The Committee has asked for an Expression of Interest to be completed by selected firms, and selections win be made from these to ask for a Request for Proposal. Once these steps have been completed it is hopeful that the study can begin by the year end. Board members asked for a report following the MURF /Building Steering Committee meeting. Finance - Reserve Funds MOTION #2003:44 Moved by K. McLaughlin, seconded by R. Fountain that the Ori11ia Public Library Board authorize combining the following reserves under "General/Other"; * General/Other $7,321 * General Library Furniture 1,922 * Air Quality 1,568 * Computer Programs 150 * Professional Development 860 * Deposits 107 CARRIED \0\ , 11'\ . \).- . , NEW BUSINESS Board Advocacv - Board Members who are able and wish to remain on the Board must submit their names to City Council for reappointment. It was. suggested that a new orientation process be created for new board members, possibly 'in conjunction with packages. being created for new city council members. A brainstorming meeting with representatives from the City and Board may be arranged to obtain input. K. McLaughlin left the board meeting at 7:55 p.m. to attend another meeting. Strategic Plan - Original members who compiled the Strategic Plan wiU meet Thursday October 9 at 6 p.m. to create a business plan based on this document that is specifica1ly related to the library and board. This wi1l also be a discussion item for the next board meeting agenda. Adjournment at 8:10 p.m. moved by J. Swartz. BOARD CHAIR CHIEF EXECUTIVE OFFICE . , REPORT OF THE CEO FOR THE BOARD MEETING OF WEDNESDAY, OCTOBER 22, 2003 1. BOARD MEETING TERMS With the upcoming municipal elections and the appointment of a new Board there have been questions concerning when the tenn of the current board is ending. The answer is that all members including Councilors continue to sit on the Board until their successors are appointed. REMINDER - all eligible members who wish to serve a second tenn are encouraged to apply by letter to: City of OriIlia att. Laura Lee, Council Services 50 Andrew St. South Orillia, On L3V 7T5 If you would care to drop your letter of application off to me I will ensure that it gets to the proper place. 2. SCHOOL BOARD RECOMMENDATIONS FOR APPOINTMENT TO LIBRARY BOARDS As you can see from the newspaper clipping in your board package the Simcoe County Public School Board will decline their option to recommend members to library boards. 3. THE BUDGET PROCESS The schedule for budget preparation and presentation this year is as follows: Week of October 20'th Results of first three quarters will be distributed November 14 DeadJine for submission to the City Manager of the 2003 year end forecast, 2004 operating budget submission, and 2004 capital budget requests in order of priority. November 24'th to December 12'th Staff review of submissions with departments, agencies and committees. December 17, 18,19 Management Team meeting to finalize capital budget recommendations. \0\1 , , ("" ~ . . January 15,2004 deadline for submission to the City Manager of supplementary reports to be included in the budget package. Library staff are currently working on the budgets. At this Board Meeting we will have to work out a ,schedule fQr Fi1)ance and Board Meeting(s) that will meet the above deadlines. 4. ONTARIO PUBLIC LIBRARY WEEK We have planned an exciting Public Library Week and we invite members of the Board to join us for: . Monday: We s1art with a flag raising ceremony in front of the Opera House at 11 :00 am followed by cake and coffee at the library. . Tuesday: At 2:00 pm we have a program with a laughter facilitator. . Thursday: At 2:00 pm we have a program on Genealogy . Saturday: Swing Band "Adlib" performs in the library from 1 :00 to 3 :00 pm. . Saturday: In the afternoon Robin Munroe and Henry Schregardus lead kids with "Imajazz" in which children translate jazz into the written word. . \(j\) ---lo REPORT OF CHIEF EXECUTIVE OFFICER FOR SEPTEMBER 2003 CIRCULATION OF MATERIALS. Jan-Sep Jan-Sep 2002 2003 152070 149483 7822 7780 202 171 806 961 956 1254 :><<<.<.>>::::;::: .... ... .::::.::::. . . ..1ij~$5:$:.n:n..1$~.64$.1 PRINT Books Periodicals Maps, Gov't.Publications, Pamphlets, Pictures Interlibrary Loan - Borrowed InterlibrarY Loan - Loaned I ......................... .. . ,", .. ............. TOT.At:PR1N~:'::::' >.::...::..;-::....;::-::>;........:~r::::::::::::: NON-PRINT CD-ROMs 340 376 Equipment 42 59 Framed Art Reproductions 5 5 Microfilms ILLoan - Borrowed 98 175 Microfilms ILLoan - Loaned 0 0 Multi-Media 231 165 Other Materials 0 17 Other Materials ILLoan - Borrowed 0 9 Other Materials ILLoan - Loaned 0 1 Sound Recordings 12390 12558 Sound Recordings ILLoan - Borrowed 0 0 Sound Recordings ILLoan - Loaned 0 0 Talking Books ILLoan - Borrowed 15 18 (and Books-on-Tape) - Loaned 22 33 Videos and DVDs 27951 27207 Videos and DVDs ILLoan - Borrowed 19 18 Videos and DVDs ILLoan - Loaned 26 52 TQTAL:NQNHPRINT.....................:............ "'........... ....:"....'.'....'....... '...:..... ..............:....: ...4113S...::..::'.....4{)()9,~ . GAANp.t()"[AI...CIRCOlATloN... ................ ......:.........;.......... ..."".:.. .....<:..............~()2~$$......n...40Q342. SERVICES REFERENCE TRANSACTIONS Adult Children E-Mail/Mail/Fax Requests Extended Computer Help Readers' Advisory I[QiAI.......:....:......).......................................:....,.:....... 15523 4213 35 930 2097 :..............:.......:.:...:.....................................:.........:.:....:.....:~2:19$..........: INT.ERNET/COMPUTER USE Adult Children Online Product Logins Frost Scrapbook Web Page Visits ............ I 'J"b"fAL.....::.:........:.........:......................:..... ..::...:.:.:......:...:.:... ::.:. :.. :::....:.:............ -:<::::;::::;:::;:;:;:;:::;:;:;:;: 14497 3681 778 135 N/A .....::190St.......:.....: 16029 4198 70 1490 2348 L241~$1 16408 3627 1838 371 20792 43P~61 SERVICES - CONTINUED PROGRAMS - ADULT SERVICES In-Library - Group Visits * Attendance - Other * Attendance Out of Library - T~lks to Groups *.Attendance - Other * Attendance PROGRAMS - CHILDREN'S SERVICES In-Library - Group Visits * Attendance - Story Hours * Attendance - Other * Attendance Out of Library - Talks to Groups * Attendance - Other * Attendance 11"()'TA4PRQ~RAN'I$nn,:,:,::: ..................... ............. -...... -..... ~::~ ~ ~ ~~ ~~~~n ~H ~ ~ ~ ~ ~ n n ~ ~ ~ ~ ~~ ~;;; ~ ~ ~ ~ ~ ~<: ~;~;;; ." ",",;,";':';.:.:.;.:.:.;.>:.:.:.:.;.:.:.:-;.;.; NUMBER OF BORROWERS REGISTERED Adult - City of Orillia - Township of Oro-Medonte - Township of Severn - Mnjikaning First Nation - Non-Resident - Annual - Six Month - Occasional - Non-Resident Taxpayer - Ex-Officio (Councillors, etc.) - Library Staff & Volunteers Children - City of Orillia - Township of Oro-Medonte - Township of Severn - Mnjikaning First Nation Institutional Other (eg. Reciprocal/Learning Centre/Nursing Homes) I"............ . . ;::=::::::;:;:;::::::: I(1)\l.1///HH> .... .:>::.. ..... ....:.. . . . . ......,........:.:.... .. Jan-Sep Jan-Sep \()\J 2002 2003 5 5 *92 *68 0 15 . *0 *341 10 2 *150 *105 0 0 *0 *0 22 *546 84 *2035 41 *1349 39 *2725 10 *292 :: :211 24 *484 97 *2424 45 *1590 33 *2445 3 *114 "':."""""""".2...2....4'1 . . . , . . . . . . .. .. -........-. . "...................".. . ........... . ........... . . . . . ~ . . . . . . , . . . . . . , Sep 2003 123 23 30 2 o 2 2 1 o o 25 3 3 o o 1 :/11Sn ........ . Jan-Sep 2003 822 176 177 5 2 5 16 25 o o 464 75 92 o 1 10 ........:...1..8. .7. .0 I :;:;:::::::::;:.": -."::: . - . . . . . . . . . '". . :;:;:::;:;:;:;:::.:.-.:.::..,: \ () \\ - . . REPORT OF THE DIRECTOR OF CHILDREN'S AND AUDIO VISUAL SERVICES September 2003 Reference Reference Questions: September 2003 September 2002 393 416 Children's Services staff put together 17 classroom collections for teachers. Computer Use: September 2003 September 2002 286 354 The Rama computer was not working for most of September, so overall use was down. Fred was able to repair it, and we are hoping it will last through the end of this year. . , Pro~rams Registration for the first fall session of programs began mid September and all six programs are full. Thirty lucky members of the Summer Reader's Club won a spot in the Survivor Reunion Party. Catch-A-Wave-Kel (aka. Kelly Smith), the surviving member of the Children's Services staff hosted the program on September 2ih. The children had a great time surviving challenges including "ice cube toe pick-up", the "great cheesy shaving cream fling" and of course there was the "amazing tasty surprise challenge", where the children had to eat baby puke, maggots, and lizard toe nails. Kelly created a fun and wacky party for a great prize for the Summer Reader's Club. We hosted a special program for babies and preschoolers on September 16. Kathy Reid-Neiman performed for forty-five minutes, using songs, instruments and storytelling and kept the babies, preschoolers, and parents enthralled with her performance. Kathy is a recording artist, who has a number of recordings designed to encourage and show parents how to use rhyme and song with their children. . Group Visits . Lee hosted a visit from the Beavers. She introduced them to the library and its services and led a story time program featuring fall books and rhymes. Publicity and Outreach In house material displays included "Back to School', "Thanksgiving", and "Halloween". . , REPORT OF THE DIRECTOR OF TECHNICAL SERVICES SEPTEMBER 2003 Circulation I ,. The Circulation Department began gearing up for Sunday openings. We needed to replace Sunday clerk Terri Dubrough who left us in May. Jocelyn White, who has been working at Information Services, in various capacities, was chosen for the task. She will be working every Sunday, plus 6 hours during the week. Technical Processing In September we sent in our annual update for INFO, the Ontario public libraries' cnllective catalogue database. INFO is the backbone of the provincial Interlibrary loans system, and the annual updates help us ensure we can find materials in other libraries, as well as share our own resources.' . . MONTHLY REPORT DIRECTOR OF INFORMATION SERVICES SEPTEMBER 2003 I met with Laura Lee, City Clerk, to see what the size of the materials storage was and what type of documents were stored in the Opera House basement. We were able to obtain old voters lists dating back to 1894 and a box of material that dealt with the Samuel de Champlain monument in Couchiching Park that the City was going to discard. I have sorted the materials and pulled the duplicates, which the Museum of Art and History will take. The fragile voters lists have been put in acid-free folders, but the materials we need to preserve in the Champlain collection will have to be purchased in next year's budget. As the deadline for the digitization grant is October 22 and Laura is b'usy with the municipal election, I think that we will have to defer our application to the next granting period, when we have more time to do scanning estimates and find a third community partner. , , Some enthusiastic staff members decided to create a scarecrow to put in the Children's Safety Village fundraiser. OPL, our scarecrow, won third prize. Proceeds from the prize money were donated back to the cause. OPL stands by the circulation desk until Halloween is over. Jayne and Evelyn took a library display over to ODAS Park for Senior's Day. The turnout was exceptional, again, so our services for seniors were well publicized. Lynn Lockhart and I started an OLA course on Legal Resources on the Internet. Other InformationServices staff will be taking online courses on different topics over the fall. The database from Micromedia is now accessible from the homepage, making Canadian magazines and newspapers searchable from home. This has doubled the usage, just in the month that it has been made available. This demonstrates that library users are still using library resources, but accessing them in a different way Le. from home! Dan Bist from Pavliks has been in to iron out the bugs in the Newspaper Index conversion but further corrections still have to be made. , Stone by Stone, Jayne's first program of the fall, was attended by 63 people, so our periodical room was overflowing with enthusiasts. Sue Kenney shared stories about her life-altering pilgrimage across the north of Spain. 2 . . REFERENCE QUESTIONS: Of the 1941 questions answered at the desk, six were received by e.-mail and one via fax. Questions'asked are up 4 percent over last year at this time. USE OF ONLINE PRODUCTS: Reflecting the return to school and assignments, usage of the databases has increased dramatically over last month. EbscoHost was used by 225 people and CBCAlProquest was accessed 136 times during the month. INTERNET USAGE: The use of the Internet was down a bit again this month to 1695 over last September. This may reflect the fact that we are no longer offering computer courses from 9 a.m. to 10 a.m. USAGE OF WEB SITE AND FROST PAPERS: The home page received 2,314 hits this month and the Frost Papers were accessed 38 times during September. VOLUNTEER HOURS: Volunteer hours numbered 167. NEWSPAPER INDEX: The new program is still not recording indexing figures with accuracy, so the numbers do not reflect work performed during the month. PROMOTION: Two fiction bookmarks, one booklist and one promotional brochure were created in September. We did not publish any newspaper articles in September. COMMUNITY OUTREACH: Materials were delivered to 12 shut-ins. INTERLIBRARY LOANS: More material was borrowed from other libraries during the month (207 items) and more materials were loaned (259 items). GOVERNMENT DOCUMENTS and VERTICAL FILES: Sixty-three government documents, eight maps, sixty-five pamphlets were added to the collection and six government documents and seventy-two pamphlets were withdrawn. \ \ I .....\ \OC ~., .--....----. ' .. R~Cf\\I~P .... nt1 1 6 1mn . ()#. /5) ;::J.oC! 5 .. O~O.~EPO~"E. . \ --,.OW~- . /,..4016;,4 f)~~~~v-/~. <!J4'~1~~ad~ .J~ / j ~ k~.v.><! ~ r b1!";Y<~ yc aft' ~ .p.~ ~;6 frY. r~ ;ff~~ ~.~~#~~ 6.~J.~ ~ cJfi/ fi'~ /'~ j~ ~ ~>4 ~a. pj~.YJ:~ p;~~- .;~ yp-d ~ . rpV~ ~-;f/ /7~ j)~ . \~ Q - \ TOWNSHIP OF ORO-MEDONTE REPORT lept. Report No. To: COUNCIL Prepared By: .DM 2003-047 Jennifer Zieleniweski Subject: Department: :ouncil _XX Lakeshore Promenade ADMINISTRATION :. of W. , I Concession 11, Plan 626, (Oro) Date: October 10,2003 Vlotion # R.M. File No. Jate: _Oct 15, 2003 ' , BACKGROUND: '. In the year 2000, the Township Solicitor provided Council with two options to consider with respect to the municipal lands known as Lakeshore Promenade in Plans 626 and 1488. Notice of a public meeting, to be held on Saturday May 13, 2000 at 9:00 a.m. in the Council Chambers, was circulated requesting input from residents with regard to the Options available to Council relating to the Road Allowance (attachment #1). Background information was presented and the Township solicitor provided clarification regarding the two options. The direction emanating from the May 13, 2000 meeting was that the residents be - offered supplemental opportunity to provide the Township with input regarding an option that was preferred within their "community". Subsequently, several meetings occurred with the residents being encouraged to submit, in writing, their position for Council's consideration. Council received the correspondence at their meeting of October 12, 2000, along with report number ADM 2000-69. 1~C1 -d mtially, Report ADM2000-69 recommended that the portion of the Promenade that the Township led to maintain be secured by its development and that the balance of the lands be offered to the :ting homeowners. Report ADM 2000-69 was defeated by Council. Council directed THAT the ashore Promenade.is to rerT)ain as public land in its entirety. THAT vehicular traffic be prohibited he Lakeshore Promenade from Blackman Boulevard to Myrtle Avenue. AND THAT the ndaries betw~en the Promenade and adjoining properties be defined. ing the 2003 budget deliberations Council approved the allocation of $ 50,000.00 dollars be . ard the development of a walking path at the Lakeshore Promenade. A Working Group Isisting of eight residents was struck to seek public input with respect to the design of the walking I. They are as follows: . Dick Bartlett . Renee Paris . Corinne M. Boyce . Spiro Catania . Hal Regan . Steve Castellani . Vicky Shepherd . Marley Greenglass "he Working Group met at the municipal office on three occasions, September 9,25 and October 9, md attended a Saturday site visit on September 13, with the Recreation Co-ordinator and the CAO. rhe Working Group discussed the issues relating to use of the Lakeshore Promenade, and were Jrovided with the current correspondence received by Council. At their meeting of September 9th, the Working Group outlined their focus: safety issues, retention of the natural beauty, funding allocation on improvements to water access and education of the public. At the site meeting of September 13, discussions included; . Retain the pathway as natural; the Recreation Coordinator to investigate use of stones to delineate and direct residents on the pathway. . Develop public access to the waters edge. The Working Group suggested two areas; the road end of Blackman Boulevard as a preferred site for an accessibility ramp and swimming dock; and mid-pointbetween Blackman Boulevard and Simcoeside as a public sitting/swimming area. Suggestions also included look out points at Simcoeside and Myrtle Avenue. .. Safety issues; placement of bollards, the trimming of trees and stationary and non -stationary encroachments. . An implementation plan. The Working Group's preference was to leave the Trail as natural as possible. Discussion also occurred with respect to each person's definition of "natural". The Working Group were advised that leaving the Promenade "as is" was not an option given that "as is" did not address the concerns raised by residents with respect to establishing a boundary between the Promenade and adjoining properties. With respect to design options, the Recreation Co-ordinator investigated other area trail designs (attachment # 2). 2 >ptions for delineation were considered by the Working Group.and are as follows; . . curb and screenings . screenings . shrubbery . markers (post & signage) .. markers (stone) I. ',' he Working Group's first preference was the installation 'of in~grouhd stone every eight to ten feet. ased on public input, the staff tabl'ed for discussion the need fora playground in the area. Staff Iso advised the Working Group of Council's policies with respect to the funding of playgrounds; A ~ember of the Simcoeside Ratepayers Executive serves on the Working Group and invited those resent to join the association to present to Council, in 2004, a request for consideration of the onstruction of a playground and to spearhead a fundraising campaign. There was a commi,tment hared by all the Working Group. (attachment #3) ~ separate site visit was conducted with the Director of Fire and Emergency Services, the Director of ~uilding and Planning, the Road Superintendent, the Recreation Co-ordinator and the CAO to solicit heir expertise with respect to safety issues, compliance with the municipal By-laws and the design. ~s a result, the Director of Fire and Emergency Services issued a letter to all residents abutting the _akeshore Promenade Plan 626, to remove any constructed, "burn pit" on Township owned property :attachment #4). Department Heads highlighted other immediate safety issues along the :>romenade: open derelict marine rails, as well as placement of construction equipment on the Promenade. Senior staff identified areas that required brushing and tree trimming, i.e. where growth impeded emergency vehicles. The requirement for the Township to re~establish the road allowance' at Owen Street, for emergency access purposes was also recognized. During the site visit staff identified that a resident had installed an underground pipe emptying at the lake's edge. A die test will be initiated to determine the contents of the waste materials. Further comments from residents (attachment #5) have been taken into consideration. ANAL YSIS: I~ The general consensus of the residents on 2000 was better delineation of the Lakeshore Promenade, some improvements to it as a walking trail and lakeshore access. The public input and the attitudes remain consistent through the years. The area referenced as Lakeshore Promenade has a history with many complex issues and includes addressing both the road allowance and the lands between the top of bank and the water's edge. To facilitate and assist with the analysis, the Working Group examined the Promenade in Sections. Section 1 This section starts with the southwesterly portion of the Lakeshore Promenade from the East boundary of Simcoeside Park to Blackman Boulevard. It was determined that the road allowance remain open by reason of Section 34 of the Municipal Act, to provide egress and ingress to homeowners to their respective properties. 3 11/01/2003 04:48 9055640472 ~... ..-----.-.... , , , , November 4, 2003 Jennifer Zielenwski, CA Township of Oro-Medonte Box 100 Oro, Ontario LOL 2XO Re: Report on Plan 626 Attention: Members of tbe Council of Oro-Medonte I To Whom It May Concern: I would respectfully ask tbat members of tbe council waive any restrictions with regard to a tate request for permission to speak regarding tbe report on Plan 626. Thank you for your courtesy and anticipated cooperation. Sincerely, ~~ '-!.,.Ij Jobn Gilbert 62 Lakeshore Promenade Oro. Ontario PAGE 01 q~ .. . . Page 1 of 1 q~ Marilyn Pennycook From: Reneeparis@aol.com Sent: Wednesday, November 05,20032:39 PM To: clerk@oro-medonte.ca Subject: lakeshore promenade Respectfully I request that council waive the procedural By-law and allow me the opportunity to address council regarding the issue of the Promenade this evening at the meeting. I was on the steering committee that was trying to come up with some ideas for a compromise to keep all people content. "' .. Thank-you Renee Paris 11/5/2003 . \~ Q - \ TOWNSHIP OF ORO-MEDONTE REPORT lept. Report No. To: COUNCIL Prepared By: .DM 2003-047 Jennifer Zieleniweski Subject: Department: :ouncil _XX Lakeshore Promenade ADMINISTRATION :. of W. , I Concession 11, Plan 626, (Oro) Date: October 10,2003 Vlotion # R.M. File No. Jate: _Oct 15, 2003 ' , BACKGROUND: '. In the year 2000, the Township Solicitor provided Council with two options to consider with respect to the municipal lands known as Lakeshore Promenade in Plans 626 and 1488. Notice of a public meeting, to be held on Saturday May 13, 2000 at 9:00 a.m. in the Council Chambers, was circulated requesting input from residents with regard to the Options available to Council relating to the Road Allowance (attachment #1). Background information was presented and the Township solicitor provided clarification regarding the two options. The direction emanating from the May 13, 2000 meeting was that the residents be - offered supplemental opportunity to provide the Township with input regarding an option that was preferred within their "community". Subsequently, several meetings occurred with the residents being encouraged to submit, in writing, their position for Council's consideration. Council received the correspondence at their meeting of October 12, 2000, along with report number ADM 2000-69. 1~C1 -d mtially, Report ADM2000-69 recommended that the portion of the Promenade that the Township led to maintain be secured by its development and that the balance of the lands be offered to the :ting homeowners. Report ADM 2000-69 was defeated by Council. Council directed THAT the ashore Promenade.is to rerT)ain as public land in its entirety. THAT vehicular traffic be prohibited he Lakeshore Promenade from Blackman Boulevard to Myrtle Avenue. AND THAT the ndaries betw~en the Promenade and adjoining properties be defined. ing the 2003 budget deliberations Council approved the allocation of $ 50,000.00 dollars be . ard the development of a walking path at the Lakeshore Promenade. A Working Group Isisting of eight residents was struck to seek public input with respect to the design of the walking I. They are as follows: . Dick Bartlett . Renee Paris . Corinne M. Boyce . Spiro Catania . Hal Regan . Steve Castellani . Vicky Shepherd . Marley Greenglass "he Working Group met at the municipal office on three occasions, September 9,25 and October 9, md attended a Saturday site visit on September 13, with the Recreation Co-ordinator and the CAO. rhe Working Group discussed the issues relating to use of the Lakeshore Promenade, and were Jrovided with the current correspondence received by Council. At their meeting of September 9th, the Working Group outlined their focus: safety issues, retention of the natural beauty, funding allocation on improvements to water access and education of the public. At the site meeting of September 13, discussions included; . Retain the pathway as natural; the Recreation Coordinator to investigate use of stones to delineate and direct residents on the pathway. . Develop public access to the waters edge. The Working Group suggested two areas; the road end of Blackman Boulevard as a preferred site for an accessibility ramp and swimming dock; and mid-pointbetween Blackman Boulevard and Simcoeside as a public sitting/swimming area. Suggestions also included look out points at Simcoeside and Myrtle Avenue. .. Safety issues; placement of bollards, the trimming of trees and stationary and non -stationary encroachments. . An implementation plan. The Working Group's preference was to leave the Trail as natural as possible. Discussion also occurred with respect to each person's definition of "natural". The Working Group were advised that leaving the Promenade "as is" was not an option given that "as is" did not address the concerns raised by residents with respect to establishing a boundary between the Promenade and adjoining properties. With respect to design options, the Recreation Co-ordinator investigated other area trail designs (attachment # 2). 2 >ptions for delineation were considered by the Working Group.and are as follows; . . curb and screenings . screenings . shrubbery . markers (post & signage) .. markers (stone) I. ',' he Working Group's first preference was the installation 'of in~grouhd stone every eight to ten feet. ased on public input, the staff tabl'ed for discussion the need fora playground in the area. Staff Iso advised the Working Group of Council's policies with respect to the funding of playgrounds; A ~ember of the Simcoeside Ratepayers Executive serves on the Working Group and invited those resent to join the association to present to Council, in 2004, a request for consideration of the onstruction of a playground and to spearhead a fundraising campaign. There was a commi,tment hared by all the Working Group. (attachment #3) ~ separate site visit was conducted with the Director of Fire and Emergency Services, the Director of ~uilding and Planning, the Road Superintendent, the Recreation Co-ordinator and the CAO to solicit heir expertise with respect to safety issues, compliance with the municipal By-laws and the design. ~s a result, the Director of Fire and Emergency Services issued a letter to all residents abutting the _akeshore Promenade Plan 626, to remove any constructed, "burn pit" on Township owned property :attachment #4). Department Heads highlighted other immediate safety issues along the :>romenade: open derelict marine rails, as well as placement of construction equipment on the Promenade. Senior staff identified areas that required brushing and tree trimming, i.e. where growth impeded emergency vehicles. The requirement for the Township to re~establish the road allowance' at Owen Street, for emergency access purposes was also recognized. During the site visit staff identified that a resident had installed an underground pipe emptying at the lake's edge. A die test will be initiated to determine the contents of the waste materials. Further comments from residents (attachment #5) have been taken into consideration. ANAL YSIS: I~ The general consensus of the residents on 2000 was better delineation of the Lakeshore Promenade, some improvements to it as a walking trail and lakeshore access. The public input and the attitudes remain consistent through the years. The area referenced as Lakeshore Promenade has a history with many complex issues and includes addressing both the road allowance and the lands between the top of bank and the water's edge. To facilitate and assist with the analysis, the Working Group examined the Promenade in Sections. Section 1 This section starts with the southwesterly portion of the Lakeshore Promenade from the East boundary of Simcoeside Park to Blackman Boulevard. It was determined that the road allowance remain open by reason of Section 34 of the Municipal Act, to provide egress and ingress to homeowners to their respective properties. 3 :ion 2 area encompasses lands from the second residence on Blackman Boulevard to Myrtle Avenue, tion 34, subsection 7, of the Municipal Act would not apply, given that these residents have ~ss to and from their properties other than by the Lakeshore Promenade. . :tion 3 . . . 5 area includes the lands from Myrtle' Avenue, proceeding in an easterly direction, to the property Jndary between Lot 63, Plan .626 and the Ukrainian National Federation Lands. Similar to lands icribed in Section 1, Section 34 of the Municipal Act would apply in this situation with respect to ress and egress to the residents' respective properties. tober 9, 2003 the Working Group minutes recording the general consensus; . Delineation of the Lakeshore Promenade. · Keep the pathway natural, stones to delineate and direct residents on the pathway. · Place emergency bollards at Blackman · Close up part of Simcoeside part way · Place barriers at Simcoeside. . Township to re-establish road allowance on Owen Street . Place emergency bollards at Owen Street . Place emergency bollards at Myrtle Avenue · Develop public access to the water's edge by utilizing the road end at Blackman Boulevard with an accessibility ramp and a swimming dock, placement of the dock on a trial basis for one season. . Mid-point_between Blackman Boulevard and Simcoeside, develop a small public sitting/swimming area. · Suggestions also included look out points at Simcoeside and Myrtle Avenue. · Township to clean up the Promenade i.e. garbage cans, thick brush. . Township to contact homeowners to fill in the two existing marine rails (safety issue) · Township to contact abutting homeowners to remove all items that are not stationary from the Township property; individual request can be submitted to Council for consideration i.e. this years storage of docks. . Township to contact abutting homeowners concerning items that are stationary such as docks, steps, sheds and pump houses, septic systems and wells for consideration of a Lease Agreement with Council. It was also the general consensus that once a septic system or well has been identified for replacement it should not be replaced on Township property. . Township to advise homeowners that noncompliance will result in the Township removing the .encroachment at the homeowner's expense. · For maintenance purposes, it is recommended that the abutting homeowners be encouraged to continue present grounds maintenance of those portions outside the walking path. . For maintenance purposes, Township to maintain pathway, garbage receptacles, benches, picnic tables and public areas designated for water access. · Township to maintain proper signage, i.e., poop and scoop, no boat docking, dogs on leash, no vehicular traffic. · Township to educate public through signage. . Township to identify all underground utilities and agreements. 4 \ :)Ct - S )te: definition of a natural path from the Working Group was to place stones in ground to provide ~lineation. CONFIRMED by Working Group le Working Group also made recommendations with respect to the implementation or possible lase-in of the development as follows: Phase 1: . The Township commence the process to stop up and close the appropriate sections of the Promenade, from Blackman to Myrtle, Simcoeside and Owen Road. . The Township install emergency bollards. . Township to contact abutting homeowners to remove all items that are not stationary from the Township property; individual request can be submitted to Council for consideration i.e. this years storage of docks. . Township to contact abutting homeowners concerning items that are stationary such as docks, steps, sheds and pump houses, septic systems and wells for consideration of a Lease Agreement with Council. It was also the general consensus that once a septic system or well has been identified for replacement it should not be replaced on Township property. . Township to advise homeowners that noncompliance will result in the Township removing the encroachment at the homeowner's expense. . The Township put affected homeowners on notice with respect to safety issues: the two abandoned marine rail beds, testing of underground piping, removal of construction equipment, etc. . The Township clean up debris, Le. barrels, leftover docking. . The Township to brush the identified areas of concern. . The Township initiate development of the trail within the Promenade, the placement of stone, Le. 8 to 10 feet apart, the development of a small sitting, swimming area mid-way between Blackman and Simcoeside. Phase 2: That the road end at Blackman Boulevard be developed for water access, with an accessibility ramp and swimming dock (placement of the dock on a trial basis for one season including signage with regard to no boat docking). Phase 3: That Simcoeside and Myrtle Avenue be developed as scenic look out points, including benches and (2) tables. 5 lding Council approval, and given the time of year, best efforts will be made by staff to bring 3se 1, as recommended by the Working Group, to fruition by year's end. i '"', . C;;ic, - bmitted for Council's consideration is the cost with respect to the development of Phase 1 of the <eshore Promenade: · 0 For the .placement of bpllards at two homes in from Blackman Boulevard, Simcoeside and Myrtle Avenue - estimated cost $ 3,000.00. i',,' · For the development of a sitting, swimming area at the mid-point between Blackman Boulevard and Simcoeside regarding removal of cement blocks and general clean up- e~timatedcost $ 300.00 (own forces). · For the delineation of the trail- estimated cost $ 20,000.00. though not reviewed by the Working Group, it is recommended that Council consider that , 1rmanent markers be placed on each property by the Township to delineate the boundary between e Promenade and adjacent properties. is also recommended that the Working Group meet once a year, prior to budget deliberations, to :view the progress of the project and, if necessary, make recommendations. ,ECOMMENDATION (S): , THAT report ADM2003-047 be received and adopted. THAT the correspondence dated September 16, 18, October 9 and 10,2003 from Diana Gerrard; the correspondence dated August 22,2003 from Frank Lawson; and the correspondence dated' October 14, 2003 from Marley Greenglass, be received. L THAT the recommendations listed in Phase 1 be implemented immediately. L THAT the recommendations listed in Phase 2 be considered by Council during the 2004 budget deliberations. ). THAT the recommendations listed in Phase 3 be considered by Council during the 2005 budget deliberations. 6. THAT a permanent marker be placed on each property by the Township to delineate the boundary between the Promenade and the adjacent properties. 7 . THAT the Working Group be recognized for their contribution toward the project. Respectfully submitted, ~ .( . [~~ 6 /I-r --r fJu~rr7 G',.J---r . ~ I NOnCE OF PUBLIC MEETIl"G REGARDING OPTIONS FOR LAKE SHORE PROMENADE \)Q --\ (LAKESHORE PROMENADE-PLAN 626 ~D 1488) Th~Townsbip of Oro-Medonte is requesting input from tbe residents within the above noted subdivision in regards to tbe Options available. to Council,witb respect to tbe Road Allowance. A meeting will be beld on Saturday May 13,2000 at 9 a.m. at tbe Townsbip Administration Building in tbe Council Cbambers to receive input on tbe option indicated below: . . AI Proceed _~.i.tb Road Closing ~nd. Sale in a~cordance witb Section 297 oftbe Municipal Act BI Maintain as Public Higbway and proceed witb By-law to close up to vebicular traffic in accordance witb Section 297 (Subsection 9) of tbe Municipal Act A key map of tbe affected properties is provided below. If you wish additional information on this matter please cootact Jeonifer Z,ieleniewski, C.A.O. or ' Andria Leigh, Planner, between 9:00 a.m. and 4:30 p.rn. at tbe Townsbipof Oro-Medonte Administration Building at 487-2171. DATED at the Township of Oro-Medonte this 27th day of April 2000. KEY MAP LAKESHORE PROMENADE lake SifT1X)S A-r-r Ite..&rll::~ -7'-#D<. . \ d C"~ 1/7-rAe.ilrftDV/ -=# g. \~O- , . .' I Q) 8 E .- CJ) Q) ~ co ....J "C) .<\.0 \.> '\ .. THE CORPORATION Of THE lI-rrl1t.,11mcNr -# if Id ~I C:: BQ)( 100 Oro, Ontario LOL 2X0 Telephone (705) 835-5568 fax (705) 835-5884 ~ ~ .'. . - -- _ _ . -r ~ _ . - ," ~ -~. >> . . ~. . TOW N '& II I P (gm-or7f6edWe fiRE &.. EMERGENty Sr'RVJCES September 26,2003 " Registered Mail" Dear Resident: RE: LAKESHORE PROMENADE PLAN 626,ORO-MEDONTE (FORMERLY ORO) , At a site visit on September 24,2003, to the above noted Township owned promenade, it was noted that there are numerous" burn pits" located on both of and on Township owned property . Ontario Fire Code O.Reg 388197 as amended Section 2.6.3.4, does NOT permit open air burning. If you have constructed a " burn pit" on Township owed property, please remove it immediately. You have until October 19, 2003 to comply or the Municipality will take appropriate action. If you have any questions, please call my office at (705) 835-5568. Yours truly, FI"CHk:o ,.EF '! ~.~~ . Paul Eenhoorn Oro-Medonte Fire and Emergency Services l-f-(-(flUlrfle\)7. .,..- 0 Page ,1 of 1 Ide., Jennifer Zieleniewski From: Diana Gerrard [dianagerrardla@rogers.com] Tuesday, September 16, 200310:28 AM don .bell@oro-medonte.ca; harry .hughes@oro-medonte.ca; neil.craig@oro-medonte.ca; . ,. paul.marshall@oro-medonte.ca; Ralph Hough;~uth Fountain; walter.dickie@oro-medonte.ca Cc: cao@oro-medonte.ca; garfield_dunlop@ontla.ola.org; ddawson@orilliapackeLcom Subject: Promenade Sent: To: It seems there has now been some discussion about building a stepping stone path along the Promenade. I am not sure how seriously stepping stones are being considered, but I would comment as follows: 1. Stepping stones, at the best of times, are a tripping hazard. Further they do not facilitate accessibility. For these reasons, the Ontario Government, the University of Toronto and the City of Toronto will not allow stone (or unit pavers for that matter) on their property unless it is mortared onto a properly engineered concrete base; 2. In order to reduce frost movement, stepping stones need a proper granular base. If a base is to be laid in this location, it has inherent in it all of the same engineering problems as the gravel pathway; 3. Stone is expensive if properly installed. If it is not properly installed it is a waste of money because it will break apart; 4. Installing stones would preclude the other items the Working Group has stated as the residents' priorities for the $50,000.00 budget; 5. In Europe, grass walkways over both public and private lands are everywhere. The same is true in King Township south of here. These walks are beautiful. They are well-used, economical, and do not impact the environment. The best work is informed by precedents, not imposed, out-of-context, on the land; 6. I am not sure why the temptation remains to ignore the opinions and priorities of the people who live in Plan 626. Particularly when the Promenade is supposed to service only those of us who live here. You are our elected representatives and our civil servants; 7. I repeat that anything built on a waterfront, that is to be permanent, must be engineered. It is my opinion that you need to consult with a qualified urban designer, architect or landscape architect as well. Thank you, Diana Gerrard PS I am not sure if it is relavent but I believe 65 Stanley Avenue is for sale. I would assume new owners will tear it down the existing cottage and build a new home on the property. Page 10f 1 Jennifer Zieleniewski From: Diana Gerr~rd [dianagerrardla@rogers.com] Sent: Thursday, September 18, 2003 10:51 AM .To: don .pell@orQ-medonte.ca; harry.h ughes@oro-medonte.ca; neil.craig@oro-medonte.ca; paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca Cc: . cao@oro-medonte.ca; garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com Subject: Re: Working Group \':l~ - \ 'J- I have been thinking about this quite a bit since the Working Group meeting. I disagree with the staff decision not to have the meetings minuted. It creates the appearance there is 'something to hide', it reinforces the very present suspisions of the local residents and it leads to a breakdown of the Group's effectiveness as any report of the Group's findings is reliant on memory rather than record. It is also highly unusual. I think it would be in everyone's best interests if minutes were taken and circulated. A big part of the problems between the residents of Plan 626 and the Township have stemmed from a lack of meaningful consultation, a lack of communication and an unwillingness to listen. Diana Gerrard " Page 1 of 1 Jennifer Zieleniewski Sent: To: . ,Cc:' , From: Diana Gerrard [dianagerrardla@rogers.com) I Thursday, October 09, 2003 1 :30 PM cao@oro-medonte.ca don .bell@oro-meqonte.ca; harry .hughes@oro-medonte.c,a; neil.craig,@oro-medonte.ca; paul.marshall@oro-medonte.ca; Ralph Hough; RutH Fountain; walter.dickie@oro-medonte.ca; . garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com; Stephen Wells Subject: October 9, Working Group Meeting \ ~~ - \ 3 I am writing because, once again, I will be unable to attend the 'Working Group' meeting and I do have some concerns. However, before itemizing my concerns, I wantto state that scheduling or cancelling a meeting of this natUre with twenty-four hours notice is at best inconsiderate of other peoples schedules and commitments and at worst an obstacle placed to public participation. My concerns are as follows: 1. Both ratepayer groups in the area have held meetings and produced minutes which clearly state they in no way want a path along the Promenade. In spite of this, you continue to come back to the idea of some sort of delineated walk. My understanding of the latest incarnation of the walk is that it is some kind of hybridized configuration of 'stepping' stones. I have spoken with many people involved in this process and the only people I have heard speak in favour of a path are you, Chris Carter and the Mayor. While, ironically, it seems apparent that you do not feel the need to abide by the wishes of the residents. It is the right thing to do. 2. The 'stepping' stone path will impede accessibility along the Prol;Tlenade, contrary to provincial guidelines for handicap access to public open space. 3. Any path will serve to signal the Promenade as public to people who do not live in the neighbourhood. The 'Working Group' could not have been clearer about not wanting this. 4. The 'stepping' stone path, and the significant repairs needed after the installation of such large stones, will eat up monies that the residents have clearly stated they would like spent on improved waterfront and Promenade access. A more gentle grade at Simcoeside; signage to define the public and private realm; improved stairs at Simcoeside Park; a removable dock at Blackman are a few of the items the 'Working Group' put forward as their most urgent priorities. The Promenade is wonderful. Yes, it has some problems for some of the area residents. And these need to be, and should be, addressed. But, none of the problems voiced to date are solved by a path. In fact, the 'stepping' stone path will actually add problems. With all due respect, neither you or Chris Carter are qualified (sealed) planners or landscape architects. It takes years of training and experience to develop the skills both to listen carefully to various stakeholders and to have the design vocabulary to develop innovative design solutions that will satisfy everyone. 10/1512003 Page 1 of 1 . - )Je,-iY . - Jennifer Zieleniewski From: Diana Gerrard [dianagerrardla@rogers.com] Friday, October 10,2003 10:01 AM cao@oro-m~donte.ca don.bell@oro-medonte.ca; harry.h ughes@oro-medonte.ca; neil.craig@oro-medonte.ca; paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca; garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com; Stephen Wells Subject: Fw: October 9, Working Group Meeting Sent: To: Cc:' , Further to the 'Working Group' meeting last night: 1. Any final disposition of the Promenade must be exactly in compliance with the resolution of the similar situation at Line 5. We are entitled to equal treatment by our local government. 2. The stakeholder members of the 'Working Group' are not entitled or authorized to agree to initiatives contrary to the stated position of the local ratepayers they represent without approval from those groups. (The local ratepayer groups are, for example, on record with the Township against a path along the Promenade.) The members cannot be representing themselves or they are in a privileged position not offered to other residents. " I 3. If the Promenade initiative comes to Council next Wednesday, it does not allow time for local residents to request to speak in opposition. 4. A 'stepping' stone path runs contrary to the Provincial directive to improve handicap access to public open space. In compliance with this directive, priority should be given to improving access to the Promenade at Simcoeside and Simcoeside Park. ' I 5. I respect the desire of the Township and the local residents to delineate the public from the private realms along the Promenade. Using a simple key system, such as that employed along the Bruce Trail, with a legend at the entrance point of the Promenade would accomplish this in a way that is discreet, aesthetically pleasing and effective. But, perhaps most importantly, it would be extremely cost effective, freeing up funds to be used to achieve the stated priorities of the local residents. Again, I must register my disappointment, in the strongest possible terms with both the 'process' and its proposed outcome. Both the Promenade and this small community would have benefited from a standard public participation process and qualified professional input. I \~~ -- \ S Jennifer Zieleniewski From: Mayor [neil.craig@oro-medonte.ca] I Sent: Friday, August 22,20034:33 PM To: . cao@township.oro-medonte.on.ca . , ,Sut>Ject: Fw: Lake Shore Pfomenade - Original Message - From: Frank Lawson To: neil.craig@oro-medonte.ca ; don.bell@oro-medonte.ca ; harrv.hughes@oro-medonte.ca ; oaul.marshall@oro-medonte.ca ; raloh.hough@oro-medonte.ca ; ruth.fountain@oro-medonte.ca ; walter .dickie@oro-medonte.ca Sent: Wednesday, August 13, 200310:45 AM Subject: Lake Shore Promenade It has come to my attention that plans are underway for the Township to construct a walkway on the Lake Shore Promenade. The Simcoeside Ratepayers Association want this project cancelled. You may recall that a meeting of the Simcoeside Ratepayers Association was held on Thursday, September 2, 1999 to discuss their vision for the three parks in our community, the Simcoeside Community Park, the Simcoeside Park, and the Lake Shore Promenade. Copies of the notes that were taken at that meeting were made available to the Township Office. The concensus on the Promenade were as follows: 1. The use of the land in question to remain as public land, to be open to all, rather than just to the adjoining property owners. 2. The Township to prohibit vehicle use, including snow machines, on the Promenade except where adjoining property owners have no other means of access, and excepting emergency and maintenance vehicles. 3. The boundaries between the Promenade and adjoining properties, to be Clearly defined, perhaps with flowers in flower beds. 4. As much as possible, the walkway to be left natural, in grass, rather than in gravel, boardwalk, etc. This information was also provided to The Mayor and Council by way of a petition d~ted May 13, 2000. It is clear that all the Raterpayers want is for the Township to delineate the boundary between public and private land. That's it! End of story! Mark the boundary, cut the grass, that's all! Rather than spend tax-payers money on something that is not wanted by those most affected, why don't you apply it to something that is needed and wanted. In the same report ( September 2, 1999) the Ratepayers reached a concensus on what should be done at Simcoeside Community Park: 1. The Township should continue to retain the Simcoeside Community Park. 2. Consideration should be given to making some modest.additions, e'g', a "Playcenter," similar to the one at Hawkestone Hall, to the park. 3. Flowers, in beds that define the borders of the park, should also be considered. The report pointed out that "There is little or nothing for kids in the area (Simcoeside) and they cannot walk to Hawkestone to play on the equipment there." With less than the amount of tax-payers money that is earmarked for the walkway, Council could provide the Ratepayers of Simcoeside with what they want and need and have asked for. Why then is Council going ahead with a project that the Ratepayers specifically asked not to be done? frank Lawson, P.Ag.(Ret'd) 122 Blue Haven Drive Compo 720 RR#2 Hawkestone, ON LOL 1 TO Ph: (705)487-7388 Fax: (705)487-6444 E-mail: frank.lawson@rogers:com Page.} of} Jennifer Zieleniewski From: Sent: 10: I Greenglass F amity [greenglass@rogers.com] Tuesday, October 14, 20031 :30 AM neil.craig@oro-med<;:>nte.ca; harry. hughes@oro-medonte.ca; don.bell@oro-medonte.ca; paul.marshall@oro-medonte.ca; ruth .founta in@oro-monte.d:3; walter .dickie@oro-medonte.ca; ralph.hough@oro.medonte.ca; cao@oro-medonte.ca Subject: Lakeshore promenade - let(er from working group member ) dC; - \ 0 Subsequent to Promenade's working group's meeting last Thursday night, I have had some reservations on the recommendations and have attached the following letter. I intend to be at the meeting on Wednesday night if the Promenade is on the agenda. If for some reason, the Promenade is not on the agenda, please e-mail me so that I do not drive up from Toronto. Yours truly, Marley Greenglass MARLEY GREENGLASS 37 BOBWHITE CRESCENT TORONTO, ONTARIO M2L 2E2 \'Jc\-\ l October 1-3, 2003 Oro-Medonte Township 148 Line 7 South Oro Ontario LOL 2XO Attention: Mayor Neil Craig Delivered bye-mail Dear Mayor Craig: Re: lakeshore Promenade Concession 11, Plan 626 My home is located at 75 Stanley Avenue and I am one of the members of the working " group that has been working toward resolution of the issues surrounding the Promenade. The council must understand that we, the working group, were not elected as representatives for the front or back lot communities but have worked together in good faith for the betterment of the community as a whole. At our last meeting certain points were unanimously agreed upon for inclusion in Phase 1 that upon on reflection and research I feel have issues and consequences that were not considered. If the council wishes to exercise its powers by municipal by-law [101 (1)] to officially register the closure of the road allowances I must oppose due to the lack of policies in place to protect the owners of the properties adjacent to the promenade. Many of the properties have wells, septic systems and other items that are only accessible through the shoreline road allowances. Accordingly the road allowances should not be formally closed until policies are in place to allow the abutting landowners access to their properties in the event that access is required. I would recommend that Phase 1 of the working committee's recommendations be modified to include: 1. The installation of emergency barriers so that the appropriate sections of the Promenade shoreline road allowances between Blackman and Myrtle, Simcoeside and Owen Road will be closed to vehicular traffic but that access still be available to the abutting landowners as the need arises. 2. The Township put on notice affected homeowners with respect to safety issues (two abandoned rail beds). Please note that through discussions with the homeowners it appears that these rail beds existed prior to their purchase of their property and the cost of the repairs may have to be borne by the Municipality. 3. The Promenade continues to exist in its current state as a walking path with the method of delineation to be established with input from the working group and the community. , ~S - f~ 4. The Township to clean up debris and brush. As far as the process for encroachments goes, (both stationary and non-stationary - rnany of which have existed for years), we as owners need to feel that encroachments' are being enforced equally throughout the Municipality. However, it appears that this i~ not the case. The Fke Chief is demanding immediate removal of all open fire pits on -municipal land, as they are illegal while at Line 5 (Plan 709) there is a large open bonfire pit on municipal property. The lack of consistency concerns r:ne. Before any action is taken with respect to existing encroachments a policy should be established and exercised throughout the municipality as a whole. In addition, This policy should take into consideration the long standing existence of these encroachments. The working group did not address the cost of their recommendations and/or if the funds could be better served spent elsewhere in the community. In addition, it has come to my attention that our recommendations may significantly increase the Municipality's insurance cost and as such may affect future property taxes for the Township. The proposed recommendations should be studied further before being passed by Council. , I Currently I spend approximately $500 per year to cut the grass and maintain the portion of the Promenade adjacent to my home. It is unfair to ask the existing landowners adjacent to the Promenade to continue to maintain it at their expense without any recognition for their efforts. Council should address a leasing program of some of the excess lands to the adjacent landowners in exchange for their continued maintenance of the Promenade. The current plan calls for a swim area located in front of one of the existing residences. There are already two swim areas in the area (one at Blackman Road end and one at Summerset Park) and due to the increased costs of maintaining this swim area and the affect it will have on abutting property values more research should be performed to determined the need for this additional swim area. Please note that the proposed swim area is adjacent to an old boathouse foundation that must be removed, prior to the creation of a formal swim area, in order to make the area safe. The existing owner has advised that this foundation predates his purchase of the 'property and will have to be removed at the Township's expense. .I recommend that these issues be deferred to allow the working group, the community - and the new Council enough time to research and acquire information. Yours truly, Marley Greenglass, M Ed. CC: Deputy Mayor, Councilors, Jennifer Zieleniweski, CAO. \ Y .. -I , MARLEY GREENGLASS I 37 BOBWHITE CRESCENT TORONTO, ONTARIQ M2L 2E2 October 20,2003 . . Oro-Medonte Township 148 Line 7 South Oro Ontario LOL 2XO Attention: Mayor Neil Craig Delivered bye-mall Dear Mayor Craig: Re: Lakeshore Promenade Concession 11, Plan 626 My home is located at 75 Stanley Avenue and I am one of the members of the working group that has been working toward resolution of the issues surrounding the Promenade. I am very upset about the process that has occurred regarding the Promenade. Very few residents in the community use this area and the people who do use it are not being heard. This report is far more complex than meets the eye, and each point has serious ramifications. Lot line delineation should have been discussed with the working group before the report went to Council. Ruth Fountain has done a wonderful job responding to the concerns of all residents in the area. She has attended every working group meeting, repeatedly spoken at length to residents about their concerns and has, in her honest manner, tried to bring peace and harmony back into our community. Recently all her efforts have been challenged because the deferral of the report has had an adverse affect on her efforts. This report should have been brought to Council months ago and not submitted and squeezed through so close to the election. This has put undue pressure on Ruth and on our community. Some members of the working group were totally unaware of many undercurrents throughout the working group's meetings. The report to council included a section on encroachments. It talked about removal of property and/or lease agreements. The residents in the community should not be deciding these topics, as encroachments are personal and private issues between each landowner and the Municipality, and should be removed from the body of the report. Leasing land and removing property are very sensitive issues and must be handled carefully to avoid antagonistic feelings that can destroy the fellowship and compatibility of our community. I U" '\ \ ! \-'~ The Municipality and the homeowners know where the. property lines end. The property lot lines are so uneven and vary in distance from the water that they have no affect on the formalization of the Promenade's walking path. On the original sub-development plan there is designation for a Promenade, a road allowanc,e. There a few individuals, who out of principal, have relentlessly tried to insist the Municipality cut and maintain all the area they own in this site. Delineation between public and private lands and Municipal maintenance (a yearly and ongoing cost) were never raised at any of our working group meetings. '. Our group was told we were formed to discuss the formal walking path that, "Council wanted to install on the Promenade walking area". No member of the working group wanted a formal path. Extending the current pathway to the lot lines would mean cutting down trees and hedges (some over thirty years old) at economical and environmental costs. The site of this path was always at the natural tree line by the waterfront. At our working group meetings, there was never any thought or discussion of it being anywhere else. This has been the path for over thirty years and it is easily recognizable in its existing state. The report could have been kept simple and that I believe would have been in the best interest of all the parties involved. Phase One: · I recommend that work be done immediately on the Blackman road end to make it accessible as a water access for handicapped residents. · I recommend that Simcoeside Park be maintained and given a "face lift" and the issue of stagnant water rectified. · I recommend (in the interest of safety) to barrier, stop up and close the Promenade to vehicular traffic (i.e. snowmobiles, etc.). I do not recommend that the closure of the road allowance be officially registered by invoking bylaw 101 (1), because as a road allowance it serves as our only access to our back lots for repairs to our wells and septics (on our own property). · I recommend that the walking path be left natural with delineation left natural by using markers on the trees saying such things as "Poop and Scoop" or "No Vehicular Traffic". · I recommend that the entire walking path be re-graded and re-grassed were necessary. · I recommend that bush and brush at road ends be trimmed and maintained to provide easy access for fire and ambulance emergency use. I will be out of town at the Council meeting on November 5th that will deal with these issues. I hope my concerns are addressed and our community can live in peace and harmony together. Respectfully submitted Marley Greenglass M.Ed. OCT-22-03 WED 4: 35 PM HILLCREST MALL SUIT 2J2A FAX NO. 905 884 2655 P. 1 ,y~ ~, >if r. 3- ~..: ~~ ~. 'J; .. ...... .~. ..' '~ Edith Pallister 431 Pallis1er Cl'eSI:Cnl SOI.nIt Richmond Hill Ontario L4C 1 &2 ,~. OctohcJ'~2, 2003 .' By Fax Only To 1-705-487-0133 (2 Pnges-No Cover Sheet) / ~1\0~ " ., .;- , Township orOro-Medonte P.O. Box 100 01'0 Ontario LOr. 2XO Mt: Chief Adn1inistrative Officer " 1- Dear Sir/!\,1<1dam: .' R...': Proposed Public Beach - Fronting 65 Stabley Avenue, RR#2 Hawkestone I. Edith Pallisler, am the registered owner of 65 Stanley Avenue, RR#2, Hawkestone being 1.01 .11. Plan 626. Oro-Mcndonte. - J lIndt:r~I,U)d that the town$hip is planning to develop a public beach on the roa.d allowC)nc~ ill (ront of my cottage. [wish to express 111Y concerns regarding this proposed developrncl1t. !-'inn!). CIS you may be aware there was a problem in this area relating to certain typcS or l.:\'imin;\l b~l1avior including the public use of alcohol and drugs a few years ago. This problem CHn he ':"PI..'(l0d to rc-occur if this area is openedupa.sapuhlicbeach. ,\ s:-:ociatcd with the above behavior is the related issues of noise, litter and rowdiness. I am (onl'cn1l:d that the beach be properlypoIiced and maintained incJuding the control of gurb(lg.: <Iild rcJ({ted Jitter i11c1uding discarded beer and liquor bottles. ! 1:1111 further concerned that related to the use and abuse ofaJcohol and the use of the beach in gcncruJ is the issue of the physical safety of the public. Broken bottles cmd s'Wimming while il1loxicalCucan result in injuries that I fear J may be liable for if the injuries are sustained by rl.:rSOI1~ trcspassing on my property in the course of using the beach. Next. i am \:onccrned about maintenanc.eofthegra.ssyarea that abuts the lake. In the ra:il IJHIVt' mHil'\tain~d thi~ area and cut th€= grass. If this area is turned into a public beach I can 110 h)!1ger l11ain\i.\il1lh~ area in that 1 may be consideredanoc:cupier and liable for damages ifsnlTIt..'one i:- injl\r~d in any wa.y. Page 1 of2 ,"" \l\ ~ ....;\. .~c\ \ 90~ October 29, 2003 To The Mayor & Members of Council Oro-Medonte Township 148 Line 7 South Oro, ON LOL 2XO . . Re: Township of Oro-Medonte Department Report #ADM2003-047 IlWe are the owners of Lot 226, Plan 626 in Oro-Medonte on the 10lh Line. I am writing this letter to Council regarding the above noted report, prepared by Jennifer Zieleniweski dated October 151\ 2003. I Our cottage has been a family cottage for over 60 years at the comer of Stanley & Lakeshore under the "Bittner" name. We as a family have enjoyed many years at this location. As youngsters we walked and played at the Promenade with our Grandparents and Parents, because our cottage is not on the waterfront. Today as property owners we always enjoy going down to Blackman to go swimming, and we frequently walk the Promenade. IlWe are in total agreement with the excellent report written by Ms. Zieleniweski. This report contains outstanding resolutions to the Promenade issues. We were very excited to learn of the plan to enhance the Promenade and to allow residents and neighbours to freely walk the pathway. It is especially exciting to learn that Blackman will be turned into a small beach and that the slope down to the water edge will be removed. This will allow our 78 year old mother to get down to the water. We have always taken pride in our community and surrounding areas, and I believe that the recommendations setout in this Report will enhance the community and keep the area beautiful for generations to corne. I/We would like to commend Council and the Working Group and Ms. Zieleniweski for an outstanding report and making the recommendations to Council to keep the integrity of our small community. Well done. Respectully, Colleen & Elio Laraia (nee Bittner) Nick Bittner Pa~e 1 of 1 Jennifer Zieleniewski 14Y))-\ From: Mayor [neil.craig@oro-medonte.ca] Sent: Thursday, October 16, 2003 11 :05 AM To: cao@township.oro-medonte.on.ca Subject: Fw: Promenade Plan 626 "" ----- Original Message ----- From: Vicky Shepherd To: Walter Dickie; Ruth Foiuntain ; Ralph Hough; Paul Marshall ; Neil Craig; Harry Hughes; Don Bell Sent: Wednesday, October 15, 20034:54 PM Subject: Promenade Plan 626 Honorable Mayor and Council Members: I am faxing my documentation outlining my concerns with regards to Plan 626 and the Promenade. I would very much appreciate if you could take a few minutes to read and review and I would appreciate and welcome any comments or questions you may have. Thank you for your time. Mrs. Vicky Shepherd ... ... It'" II"'\AA""J \ l\ \'0, ~d- To: Honorable Mayor and Members of Council Date: October 15, 2003 Re: The Promenade From: Vicky Shepherd I reside at 63 Stanley Avenue abutting the Promenade. I was chosen as one of four from the front lot to represent the" front lot" in the Promenade discussions. I would like to state that from the start I did not feel comfortable representing the entire front lot of homes and that as taxpayers all persons should be able to be involved in the all ongoing negotiations that directly affect them. It was made clear from the start that they could attend the meetings in the audience but would be unable to contribute at said meetings. There are also four representatives from the "back lot." Jennifer Zieleniewski chaired all meetings with Chris Carter as her assistant. We started out as a "steering committee" and requested that minutes should be kept. We then became a "working group" and no minutes would be necessary. We have met three times in the Township offices and had one site meeting. The idea of the steering committee was to assist with solutions of how to best spend the $50,000 that was directed to be spent in this area. Jennifer is delivering to council the "apparent" recommendations of the group. I say "apparent" because each meeting contained threats of Jennifer's worst case scenario for the abutting homeowners and then when a so called compromised scenario was presented we were supposed to be accepting of this "better" idea. What Jennifer is presenting is of her own manipulating. We were asked what we would like to see and then told what we would see. The group unanimously agreed: 1. Leave the promenade in as natural a state as possible. 2. If it must be delineated - Jennifer and Chris suggested large stones placed in the ground flush with the grass. 3. Close up the ends to vehicular traffic with the exception of emergency vehicles and if and when necessary trade vehicles that may be required access from time to time to service existing wells and septic systems 4. To improve access to Lake Simcoe, including possibly installing a seasonal dock at Blackman. Throughout all meetings, Jennifer has reiterated that these. recommendations are a result of complaints the Township has received from persons having encountered problems while walking the path. I personally have inquired as to a log of these complaints including dates, times, frequency, details of complaints and I find it hard to believe that $50,000 is to be spent in part because of these complaints yet there is no log to justify or support the expenditure? The front lotters have maintained the promenade for years - we cut the grass, clean up branches/ debris after storms, rake the leaves etc and there have been numerous occasions that the we could have called i.e. people walking the path with their dogs letting them run loose, pooping without scooping, garbage never being picked up but we did not, and now in hindsight we should have called. The Township has apparently only heard from backlotters and have acted on the complaints of a few and we have received no consideration or compensation for our years of maintaining this area for everyone's enjoyment. " '. Jennifer has stated over and over liability is her greatest concern and the safety of the people walking this path. Every recommendation that has been made will only increase the liability for the Township. A dock for someone to break their neck diving head first into, stones in the ground for someone to trip over and crack their skull, a lookout over the rocks at the bottom of Simcoeside to tumble off of? We have an empty lot in our subdivision sitting completely empty. Why would no money be allotted to do something with a grassed park? There is nothing in the neighborhood for our children to do. We have the one set of basketball nets at the Community Hall and absolutely nothing else. Jennifer made it perfectly clear (we have no actual documentation confirming it) that we are to make no mistake the Township owns this land and possessory interest or squatters right do not apply. Yet she noted, in the walk thru, several old cement boathouse foundations and cement steps and a recommendation is forthcoming to have the abutting homeowners repair / fill in said foundations. If the Township owns this land as Jennifer has emphatically stated, why is it suddenly the homeowners owness to rectify this problem. I have spoken to Brenda Robinson, of the Ministry of Natural Resources, Brian Kemp of the Lake Simcoe Region Authority and Bev Brown of the Department of Fisheries and Oceans and they have stated in no uncertain terms that prior to any work commencing upon the shore - an application for review must be initiated, a biologist must be sent out, work permits and/ or a letter of authorization must be . \ applied for and it is a long and involved process with good reason. There are very strict guidelines that must be considered and adhered to. They also reiterated that there are certain time frames in which work can commence and be completed within. They requested to be kept informed of anything that may be attempted without proper consent because tl}e:r;e are hl:lge fines ranging from thousands of dollars to one million dollars and in extreme cases; jail time. , , , Jennifer walked the property with Department Heads and the Fire Chief and it was noted that there were fire pits on Township property that must be removed by a certain date. It was also noted in the letter that there is no open fires permitted in Simcoe County yet the frontlotters were the only homeowners to receive this notice because they were the only ones visible on the walk thru. I find it strange that if they drove down the 10th to Stanley Ave. for the walk thru or on any given day, they should have also visibly noted the huge liability of the absence of any shoulders along this road. I suggest that the same trip be made in the winter. As well, if the same drive was made during the evening hours, they would also notice the absence of adequate street lights in the subdivision. It is pitch black and extremely dangerous for kids walking home. The working group has been asked to submit recommendations without any information being received in order to make intelligent, informed recommendations. We have no idea of costs, of the suggested stones, of putting in a dock or the look out, of the cost to abutting homeowners if they are to apply for a lease to lease certain sections from the Township if mandated, of the daily, weekly, monthly, annual maintenance if these recommendations are implemented. There has been a big emphasis on getting this report to Council before the Election. This is not the way a huge expenditure of this nature should be handled. The taxpayers of our Township should be notified of public meetings and their input must also be considered. What is the big rush. It gives your constituents an uneasy, distrustful feeling when issues are being rushed and attempted to pass due to an election. We did make our feelings of being kept in the dark regarding this matter well known to Jennifer, The Township and Councilors and to date have received very little response or feedback My personal recommendations would be: a) leave the promenade in its current natural state b) if it must be delineated - can we not utilize the same markings on the . .. Y~0. - 5 d) trees as used along the Bruce Trails or the biking trails at Hardwood Hills? stop up ends - with exception of emergency vehicles and trades if n~cessary to complete any repairs to septic systems/wells further public discussions be held with all persons being allowed to speak and contribute in order for an informed, mutually agreed upon solution be implemented for the entire community's enjoyment for years to come. c) , Unfortunately, this attempt at a fair, democratic process is whatis in need of fixing and not the promenade. I am very unhappy with how this entire process has been handled by Jennifer Zieleniewski. Respectfully, Vicky Shepherd From: Mayor [mailto:neil.craig@oro-medonte.ca] Sent: Monday, October 27,20032:49 PM To: cao Subject: Fw: promendae proposal \ L\" ---- Original Message ----- From: Steveiul@aol.com To: don.bell@oro-medonte.ca Cc: harry.hughes@oro-medonte.ca ; neil.craig@oro-medonte.ca ; paul.marshall@oro-medonte.ca ; walter.dickie@oro-medonte.ca ; ruth.fountain@oro-medonte.ca ; ron.summers@oro-medonte.ca Sent: Sunday, October 26, 2003 6:44 PM Subject: promendae proposal S-1'e'\JB"t' ::r;;i--IC &3"..6LL-/},.J, Honourable Mayor and Members of Council, I reside at 61 Stanley Ave. I am writing to you as both a front lot owner and member of the "working" group assigned to deal with the issue of the promenade. I am in no way qualified to serve as a voice for anyone but myself regarding the issue of spending the council's funds in an appropriate manner. However, I was appointed to this committee merely because I was willing to voice my concerns during the summer. It is my personal feeling that a committee was never intended to be created, and in fact, Jennifer Zieleniewski had her agenda planned from the outset. Only after a number of concerns were raised publicly did the committee come into existence. To this end the level of communication between council and community was poor at best. There was no application process made available for those willing to serve on the committee, and there was little to no public awareness of meeting times or issues being discussed. Further, anyone taking the time to attend but not in the group was to remain silent. ' As for the meetings themselves, the tone of each meeting was extremely personal and hostile in nature. The beginning of each session commenced with Jennifer listing all the things the front lot owners were not entitled to (though none of the issues addressed were initiated by any of the group members) and concluded with the threat of worst-case scenarios. Even when the group was functioning as intended and agreements were made Jennifer continued to insinuate that changes could be made and her recommendations could be added. She also continuously reiterated how much property was hers. The fact that the steering committee was switched to a working group thus avoiding the need for exact records to be kept was most disturbing. This public issue was becoming more and more private at every turn. Like a sequestered jury we were instructed not to discuss our meetings with others even though it was public land and funds we were so happily divvying up. In good faith the only recommendations I would be willing to have my name associated with are as follows: 1. The promenade should remain public and natural in its look. (delineation through large rocks is not necessary) 2. Public access to the waterfront should be improved at the base of Blackmon Drive.. 3. The existing property at Simcoe Side Park should be upgraded and maintained. 4. The road end at Simcoe Side Dr. should be cleaned and improved. 5. Access should be blocked off to only emergency vehicles. Despite the best efforts of the committee to come to an agreement we were merely being guided in the directions Jennifer wished the results to go. This was blatantly shown by her last minute additions to the proposal 11/512003 Page 2 of2 she presented to you as "our" recommendations. As it stands, I have no desire to have my name associated with the proposal presented to you on October 14, 2003. Further, I am unwilling to sacrifice any more of my personal time to deal with an issue where to beliefs of the community are not being given proper respect or consideration. As mentioned by Jennifer on too many occasions, I like all my fellow neighbours, will simply have to live with the wishes of council. I trust these wishes will truly be heard and a thorough investigation of what to do with this area, if anything, will occur at a later date and in a more appropriate manner. Page 1 of 1 Marilyn Pennycook \10 From: Rick & Patti Donnelly [rickpatti@sprint.ca] Sent: Tuesday, November 04, 2003 2:21 PM To: clerk@oro-medonte.ca Subject: Report NO.:ADM2003-047 - 10th Line Promenade Enhancements Importance: High Dear Madam Clerk My husband and I are co-owners of our family cottage located at 50 Stanley Avenue, specifically lot 226, plan 626, (10th line of Oro-Medonte). While at the cottage last weekend, we read with great interest the above noted report prepared by Jennifer Zieleniweski. To say that we are excited about the proposal is an understatement. Our entire family has been swimming down at the bottom at Blackman ever since we were small children, some 50 years ago. To this day, we still enjoy that small beach area and we regularily take our dogs on long walks along the Promenade. We support your recommendations whole-heartedly and are very excited about the prospect of enhancing our little community. Congratulations to Ms. Zieleniweski for preparing this excellent report and our thanks to the entire committee that worked on this project. WELL DONE EVERYONE. Sincerely, Rick and Patti Donnelly (nee Bittner) 11 /L1.f')()()~ Page 1 of 1 Marilyn Pennycook \ l\ ?_ From: ANDREW NEALE [aneale@headingsales.com] Sent: Tuesday, November 04,20032:47 PM To: clerk@oro-medonte.ca Subject: Promenade I received the report from the administration office dated oct.15/2003 and have some concerns about the issues on this subject.! feel that the promenade is needed for this area and the proposals that have been made are quit satisfactory as far as the "designs" go.Lets remember that the township has proposed a trial for this in order to try and work out the bugs with "everyone".ln order to solve all issues properly and effectively this is the correct procedure.To just dissolve the project is not a solution!!! As intelligent and compromising people we can solve the issues at hand.To fight against or hinder this project is only jeopardizing progress in our community which affects us all and not just ones personal agenda.This after all is for the community The town is trying to solve the problems with individuals to some extent.This is not required,but yet they are more than willing to do so. Remember this is town land! So as a resident of this town seeing and hearing what the town has proposed to try to please everyone is quite satisfactory and feel that the town people have tried to take everyone into consideration.! have confidence that the town will design and build a proper promenade in our area.1 support and appreciate all the towns effort in this matter. Best regards, Andrew Neale 1 1 1t:::.1,)(\(\~ Page 1 of 1 Janette Teeter \ ~~ ~ \ From: Diana Gerrard [dianagerrardla@rogers.com] Sent: Wednesday, November 05,20032:27 PM To: clerkassist@oro-medonte.ca Cc: don.bell@oro-medonte.ca; ralph.hough@oro-medonte.ca; paul.marshall@oro-medonte.ca; harry.hughes@oro- , . ' rnedonte.ca; garfield dunlop@ontla.ola.org; Stephen Wells; neil.craig@oro-medonte.ca; walter.dickie@oro- medonte.ca; Vicky"Shepherd; Bev LeMay I' Subject: Promenade Importance: High vas to give a deputation before CQuncil this evening. Unfortunately, something has come up that makes this impossible. I ask at you ALL read my deputation and PLEASE vote for the majority opinion of the residents in the community, not the whims of a w! lank you, iana Gerrard 1 1 /'\ /,)()()1 l~~_ d- November 5, 2003 Re: DEPUTATION TO COUNCIL BY DIANA GERRARD DEPARTMENT REPORT #ADM 2003-047, OCTOBER 10, 2003 THE PROMENADE, PLAN 626 Honorable Mayor and Members of Council: I am responding this evening to the above report prepared by Township staff. PRIORITIES I still do not understand how, given the Township's financial obligations, spending $50,000.00 of taxpayer money to put 'stepping stones' along1500 feet of shoreline ever became a serious priority. I have heard the rationalizations, but this is still public money which staff is proposing to spend frivolously. WORKING GROUP The members of the 'Working Group' assembled by staff represent no groups or organizations. How they were named to the 'Group' has not been made clear, but what is clear is that members of our neighbourhood had influence bestowed upon them by staff. This is unfair. Staff then limited the influence of the 'Working Group', and those who might attend in audience, by announcing and canceling scheduled meetings on very short notice. NEIGHBOURHOOD CONSULTATION To my knowledge staff has made little independent effort to inform those directly affected by their plans for the Promenade. Community members have taken it upon themselves to inform each other of the plans and have distributed copies of the Report. However, there are still people living along the Promenade who do not know of the Township's proposals. Indeed, staff has proposed to develop water access in front of 65 Stanley Avenue. This was suggested, primarily because, due to the illness of their child, the owners are seldom in residence. This is not fair. STANDARDS The Township requires that anyone building in Oro-Medonte hire qualified professionals to produce drawings for Township approval and inspect the work during construction. \Yey. _) To my knowledge no qualified professional has been involved with the plans for the Promenade. No contract drawings or documents have been produced. And, no concerned agencies, i.e. Natural Resources, Fisheries, etc., have even been consulted by staff. The Township must be accountable to the same standards as its citizens. That is only fair. THE 'STEPPING STONE' PATH In twenty-five years of practice as a landscape architect I have never heard of anyone proposing to lay stones twelve feet apart and call it a path. Let alone suggest spending significant tax dollars on such a thing. The 'stepping stone' path will only interfere with accessibility along the Promenade. CLOSING THE PROMENADE The Township's bylaws dictate where the septic bed and well is located on our property. Furthermore, this is an existing condition. If the Promenade is closed to vehicular traffic, it must include a provision or amendment to allow for immediate access for residents living on the Promenade to repair their wells and/or septic systems. Staff's proposal that we apply for a deputation before Council to obtain access is unreasonable. It is unfair that we should be asked to wait a week or longer without septic or water. I ' I MY RECCOMMENDATIONS 1. That the recommendations of the Report be separated out and voted on separately. 2. That the Promenade remains public and priority be given to making it handicap accessible. 3. That the 'stepping stone' path not be built. 4. That the boundaries of the Promenade not be marked without a legal survey first being completed by the Township; 5. That any closing of the Promenade include a provision for immediate access by Promenade residents to service their wells and/or septic systems. 6. That priority is given to improving Blackman Beach and that the Township ensures that the water is tested and conditions posted if public swimming is to be encouraged. 7. That priority be given to cleaning up, making safe and maintaining Simcoeside Park. 8. That no work should begin along the shoreline without written approvals from all concerned government agencies. \ ~\q. - LJ 9. That no work at all should begin without a proper and public Tender process, including professionally stamped plans, details, specifications, and Form of Tender; Finally, in closing, I want to make a final point: I Oro-Medonte is changing and growing. People are moving here from larger communities expecting accountability from government. The Township needs to examine its own house. Everyone must be treated equally. For example: The residents along the Promenade should have been offered the same deal as the residents at Line 5. If the residents along the Promenade must remove their fire pits, so should the Township. If the Fire Chief h.as time to inspect the Promenade and serve registered letters to the residents, he should find the time to do the same throughout the ENTIRE Township. Thank you for your time and consideration. Page 1 of 1 . - )Je,-iY . - Jennifer Zieleniewski From: Diana Gerrard [dianagerrardla@rogers.com] Friday, October 10,2003 10:01 AM cao@oro-m~donte.ca don.bell@oro-medonte.ca; harry.h ughes@oro-medonte.ca; neil.craig@oro-medonte.ca; paul.marshall@oro-medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro-medonte.ca; garfield_dunlop@ontla.ola.org; ddawson@orilliapacket.com; Stephen Wells Subject: Fw: October 9, Working Group Meeting Sent: To: Cc:' , Further to the 'Working Group' meeting last night: 1. Any final disposition of the Promenade must be exactly in compliance with the resolution of the similar situation at Line 5. We are entitled to equal treatment by our local government. 2. The stakeholder members of the 'Working Group' are not entitled or authorized to agree to initiatives contrary to the stated position of the local ratepayers they represent without approval from those groups. (The local ratepayer groups are, for example, on record with the Township against a path along the Promenade.) The members cannot be representing themselves or they are in a privileged position not offered to other residents. " I 3. If the Promenade initiative comes to Council next Wednesday, it does not allow time for local residents to request to speak in opposition. 4. A 'stepping' stone path runs contrary to the Provincial directive to improve handicap access to public open space. In compliance with this directive, priority should be given to improving access to the Promenade at Simcoeside and Simcoeside Park. ' I 5. I respect the desire of the Township and the local residents to delineate the public from the private realms along the Promenade. Using a simple key system, such as that employed along the Bruce Trail, with a legend at the entrance point of the Promenade would accomplish this in a way that is discreet, aesthetically pleasing and effective. But, perhaps most importantly, it would be extremely cost effective, freeing up funds to be used to achieve the stated priorities of the local residents. Again, I must register my disappointment, in the strongest possible terms with both the 'process' and its proposed outcome. Both the Promenade and this small community would have benefited from a standard public participation process and qualified professional input. I \~~ -- \ S Jennifer Zieleniewski From: Mayor [neil.craig@oro-medonte.ca] I Sent: Friday, August 22,20034:33 PM To: . cao@township.oro-medonte.on.ca . , ,Sut>Ject: Fw: Lake Shore Pfomenade - Original Message - From: Frank Lawson To: neil.craig@oro-medonte.ca ; don.bell@oro-medonte.ca ; harrv.hughes@oro-medonte.ca ; oaul.marshall@oro-medonte.ca ; raloh.hough@oro-medonte.ca ; ruth.fountain@oro-medonte.ca ; walter .dickie@oro-medonte.ca Sent: Wednesday, August 13, 200310:45 AM Subject: Lake Shore Promenade It has come to my attention that plans are underway for the Township to construct a walkway on the Lake Shore Promenade. The Simcoeside Ratepayers Association want this project cancelled. You may recall that a meeting of the Simcoeside Ratepayers Association was held on Thursday, September 2, 1999 to discuss their vision for the three parks in our community, the Simcoeside Community Park, the Simcoeside Park, and the Lake Shore Promenade. Copies of the notes that were taken at that meeting were made available to the Township Office. The concensus on the Promenade were as follows: 1. The use of the land in question to remain as public land, to be open to all, rather than just to the adjoining property owners. 2. The Township to prohibit vehicle use, including snow machines, on the Promenade except where adjoining property owners have no other means of access, and excepting emergency and maintenance vehicles. 3. The boundaries between the Promenade and adjoining properties, to be Clearly defined, perhaps with flowers in flower beds. 4. As much as possible, the walkway to be left natural, in grass, rather than in gravel, boardwalk, etc. This information was also provided to The Mayor and Council by way of a petition d~ted May 13, 2000. It is clear that all the Raterpayers want is for the Township to delineate the boundary between public and private land. That's it! End of story! Mark the boundary, cut the grass, that's all! Rather than spend tax-payers money on something that is not wanted by those most affected, why don't you apply it to something that is needed and wanted. In the same report ( September 2, 1999) the Ratepayers reached a concensus on what should be done at Simcoeside Community Park: 1. The Township should continue to retain the Simcoeside Community Park. 2. Consideration should be given to making some modest.additions, e'g', a "Playcenter," similar to the one at Hawkestone Hall, to the park. 3. Flowers, in beds that define the borders of the park, should also be considered. The report pointed out that "There is little or nothing for kids in the area (Simcoeside) and they cannot walk to Hawkestone to play on the equipment there." With less than the amount of tax-payers money that is earmarked for the walkway, Council could provide the Ratepayers of Simcoeside with what they want and need and have asked for. Why then is Council going ahead with a project that the Ratepayers specifically asked not to be done? frank Lawson, P.Ag.(Ret'd) 122 Blue Haven Drive Compo 720 RR#2 Hawkestone, ON LOL 1 TO Ph: (705)487-7388 Fax: (705)487-6444 E-mail: frank.lawson@rogers:com Page.} of} Jennifer Zieleniewski From: Sent: 10: I Greenglass F amity [greenglass@rogers.com] Tuesday, October 14, 20031 :30 AM neil.craig@oro-med<;:>nte.ca; harry. hughes@oro-medonte.ca; don.bell@oro-medonte.ca; paul.marshall@oro-medonte.ca; ruth .founta in@oro-monte.d:3; walter .dickie@oro-medonte.ca; ralph.hough@oro.medonte.ca; cao@oro-medonte.ca Subject: Lakeshore promenade - let(er from working group member ) dC; - \ 0 Subsequent to Promenade's working group's meeting last Thursday night, I have had some reservations on the recommendations and have attached the following letter. I intend to be at the meeting on Wednesday night if the Promenade is on the agenda. If for some reason, the Promenade is not on the agenda, please e-mail me so that I do not drive up from Toronto. Yours truly, Marley Greenglass MARLEY GREENGLASS 37 BOBWHITE CRESCENT TORONTO, ONTARIO M2L 2E2 \'Jc\-\ l October 1-3, 2003 Oro-Medonte Township 148 Line 7 South Oro Ontario LOL 2XO Attention: Mayor Neil Craig Delivered bye-mail Dear Mayor Craig: Re: lakeshore Promenade Concession 11, Plan 626 My home is located at 75 Stanley Avenue and I am one of the members of the working " group that has been working toward resolution of the issues surrounding the Promenade. The council must understand that we, the working group, were not elected as representatives for the front or back lot communities but have worked together in good faith for the betterment of the community as a whole. At our last meeting certain points were unanimously agreed upon for inclusion in Phase 1 that upon on reflection and research I feel have issues and consequences that were not considered. If the council wishes to exercise its powers by municipal by-law [101 (1)] to officially register the closure of the road allowances I must oppose due to the lack of policies in place to protect the owners of the properties adjacent to the promenade. Many of the properties have wells, septic systems and other items that are only accessible through the shoreline road allowances. Accordingly the road allowances should not be formally closed until policies are in place to allow the abutting landowners access to their properties in the event that access is required. I would recommend that Phase 1 of the working committee's recommendations be modified to include: 1. The installation of emergency barriers so that the appropriate sections of the Promenade shoreline road allowances between Blackman and Myrtle, Simcoeside and Owen Road will be closed to vehicular traffic but that access still be available to the abutting landowners as the need arises. 2. The Township put on notice affected homeowners with respect to safety issues (two abandoned rail beds). Please note that through discussions with the homeowners it appears that these rail beds existed prior to their purchase of their property and the cost of the repairs may have to be borne by the Municipality. 3. The Promenade continues to exist in its current state as a walking path with the method of delineation to be established with input from the working group and the community. , ~S - f~ 4. The Township to clean up debris and brush. As far as the process for encroachments goes, (both stationary and non-stationary - rnany of which have existed for years), we as owners need to feel that encroachments' are being enforced equally throughout the Municipality. However, it appears that this i~ not the case. The Fke Chief is demanding immediate removal of all open fire pits on -municipal land, as they are illegal while at Line 5 (Plan 709) there is a large open bonfire pit on municipal property. The lack of consistency concerns r:ne. Before any action is taken with respect to existing encroachments a policy should be established and exercised throughout the municipality as a whole. In addition, This policy should take into consideration the long standing existence of these encroachments. The working group did not address the cost of their recommendations and/or if the funds could be better served spent elsewhere in the community. In addition, it has come to my attention that our recommendations may significantly increase the Municipality's insurance cost and as such may affect future property taxes for the Township. The proposed recommendations should be studied further before being passed by Council. , I Currently I spend approximately $500 per year to cut the grass and maintain the portion of the Promenade adjacent to my home. It is unfair to ask the existing landowners adjacent to the Promenade to continue to maintain it at their expense without any recognition for their efforts. Council should address a leasing program of some of the excess lands to the adjacent landowners in exchange for their continued maintenance of the Promenade. The current plan calls for a swim area located in front of one of the existing residences. There are already two swim areas in the area (one at Blackman Road end and one at Summerset Park) and due to the increased costs of maintaining this swim area and the affect it will have on abutting property values more research should be performed to determined the need for this additional swim area. Please note that the proposed swim area is adjacent to an old boathouse foundation that must be removed, prior to the creation of a formal swim area, in order to make the area safe. The existing owner has advised that this foundation predates his purchase of the 'property and will have to be removed at the Township's expense. .I recommend that these issues be deferred to allow the working group, the community - and the new Council enough time to research and acquire information. Yours truly, Marley Greenglass, M Ed. CC: Deputy Mayor, Councilors, Jennifer Zieleniweski, CAO. \ r. \ 'd - TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2003-18 Committee of the Whole Andy Karaiskakis Subject: Department: Council Planning C. of W. Committee of Adjustment Decisions from October 16, 2003 Date: October 28,2003 Motion # R.M. File No. Date: C11 12450 I UNO/ANALYSIS: 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 October 16,2003. The last date for receiving an appeal to the above noted decisions is Wednesday November 5, 2003. The Committee, as noted below, deferred three applications whilst one application was denied. Consent Applications B-3 1103 Ted Bertram Cone. 1, Part of the West Half of Lot 1 (Oro) 7 Georgina Drive B-32/03 Elvio Delzotto Cone. 3, East Part Lot 28, RP 51R-26974 Parts 14 to 18 (Oro) B-30/03(Rev) Donna Walters Cone. 12, 51R-14154 Part 2, South Part Lot 6 (Medonte) 1336 Warminster Sideroad B-28/03(Rev) Michael & Kimberly Kearns Cone. 9, South West Y4 Lot 15 (Medonte) 5429 Line 8 N. DEFERRED B-33/03 Ross & Jean Kerridge Cone. 3, Part Lot 12 (Oro) 1443 Line 2 N. B-34/03 Horseshoe Valley Resort Ltd. Cone. 3, Lot 1 (Oro) . B-35/03 BlueberryBeaeh Development Corporation Ltd. Lot 28, 51 M-22, Plus Parts 11 and 13, 51 R-6681 (Orillia) 9 Blue Ridge Road Minor Variance Applications A-30/03 Bruce MaeNieol Cone. 2, Part Lot 2, RP 51R- 29799 Part 1 (Oro) 2891 Ridge Road W. A-33/03 Walentyna Masliwee Cone. 11, Plan 1464, Lot 44 (Oro ) 2 Bassarab Place A-34/03 Patrick Tasse Plan M-92, Lot 2 (Medonte) 5 Riehelieu Road DEFERRED A-35/03 Ronald & Carole Ann Armstrong Plan 880, Lot 1 (Oro) 65 Greenwood Ave. \ .B-36/03 Kenneth Charles Bilton Cone. 3, West Part Lot 21 (Medonte) 6237 Line 2 N. DEFERRED IB-37103 Carl L. Cumming Cone. 5, East Part Lot 19 (Oro ) 200 Line 5 N. A-37/03 Peter Rae & Suzanne Levesque Cone. 7, South Part Lot 3 (Medonte) 33 Millpond Sideroad A-36/03 Greg & Nadia Bell Cone. 2, Lot 2 (Oro) 2831 Ridge Road W. DENIED A-38/03 Douglas Moles & Jane Brasher Cone. 9, North Part Lot 9 (Oro ) 1993 Line 8 N. \.J-b -3 1. THAT this report and the Committee of Adjustment Decisions for October 16, 2003 be received. Respectfully submitted, .L~ An~iskakis, Hons. B.A. Junior Planner. C.A.O. Comments: C.A.O. Date: Dept. Head \ ~'o- PAGE#2 APPLICA TION A-38/03 COMMITTEE OF ADJUSTMENT DECISION. BE IT RESOL VEDithat: Moved by Joe Charles, seconded by A]]an Johnson . "That the Committee hereby Grant Minor Variance Application A-38/03 subject to the foHowing ]ist 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/real property report prepared by an Ontario Land Surveyor; 2. That the height of the garage be no larger than 4.88 metres (16 feet) and that one accessory structure of 97 square metres be permitted in the front yard but no closer than 51 metres to the front property line; 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. " ...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. \ ~'n-I) Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 Douglas Moles & Jane Brasher A-38/03 1993 Line 8 N., Concession 9, North Part Lot 9 (Oro) THE PROPOSAL The applicants have applied to request the following relief from Section 5.1.3 of By-law 97-95 Permitted locations for detached accessory buildings or structures, to allow a detached building or structure to be located in the front yard. The applicants are also requesting relief from the maximum height of a detached accessory building or structure of 4.5 metres (14.7 feet) to a proposed 4.88 metres (16 feet) MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural, Environmental Protection Two Overlay Zoning By-law 97-95 - Private Recreation Exception One Seventeen (PR*117) 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 garage would be required to meet the minimum setback to the septic system. Fire Department PLANNING FRAMEWORK Background The applicant's lot has an area of approximately 23.1 hectares (57 acres) with a lot frontage of about 305.86 metres (1003.49 feet). The applicants propose to build a 28x37detached garage with a total height (from grade to peak) of about 6.7 metres (22 feet). The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? Section D3.1 of the Township's Official Plan sets out the following objectives for the rural designation. . To preserve and promote the rural character of the Township and the maintenance of the open countryside. . To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. \J~ -\y The applicant's proposal does not appear to offend these principles given that the variance will accommodate development in a manner that is generally consistent with the rural character. 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? One of the purposes of maintaining minimum front yards is to maintain and protect the residential character of a single detached residential community. However, it is also the intent of the By-law to permit accessory uses that are reasonable and incidental to a residential use. Given that proposed building site is the most ideal location for the garage, and that the garage will be set back approximately 175 feet from the road, buffered by large trees, the proposed variance is considered to conform with the spirit and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The proposed variances should provide for a form of development that is consistent with the surrounding area. On this basis the proposed variance should provide for the appropriate development of the lot. Is the variance minor? On the basis that the proposal is reasonable and should not adversely affect the character of the rural 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-38/03, subject to the following conditions: 1. That the height of the garage be no larger than 4.88 metres (16 feet) and that one accessory structure of 97 square metres be permitted in the front yard but no closer than 51 metres to the front property line; and, 2. 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, J~~ Andy Karaiskakis Junior Planner Reviewed by, Wesley Crown MCIP, RPP Senior Planner COUNTY ~CAII. ) ". '00' -- ()) d) CD ({) 2 Q ({) ({) W u 2 o u REPORT OF LOT 9 ()GHAPHIC TOWNSHIP OF ORO 0[=<0 - MEOONTE or ---= 1000 Ff '00 6DO I' J. MANSfIELD. O.IS. (1999) \ S 1/2 LOT W 1/2 OF INST N' 1402904 2 W W "5 \-- W CD w 1/2 OF N 1/2 UME BETWEEN 2490.S/' LoTS N 59' /6'25"( ~ ''''''''' ~X e.. ,c-~ ~ A..-r.:..Ue."....> :.......1. ~ "",e:~/ ,'/ f -/1' / -?,-;,"'- D fJ /!2sn. 225,I~Y':: -.;rONE t40U5E ':::1" . N" "'~ INST. N' 1388310 Z56,~'~ POOL "'- p;...O""'.,....:\.- \".......:,..-.l..:.;,.t:,\..,'.....()~ AREA - 56,943 AC 74'}.Z..... TV OISIi c.,;.......".V'~;;~~;.~ (,?::>C_""~~: ::L~} ;. .~.,: ~ \0\, .~c '" o ~('f..~t;.~ . ~G-'t:.I.o:-~L.L~' _ ;:....V^"- "C,-<>-'. @. ...'-:5 I _ L1.-""'-'-~ .;.:.,,,,-'. @. "':Oc.t _ :~d>.,.;J:......:,...V- ",.c \..~~Q... ')..1.t.'D~ o l.INE eE:rWEEN" N. II N 59"02'/5"E <0 ~0 i;-G c? S 1/2 ;;; 2 W u 2 q "5 <3 ...J q o q o a:: r \ \ OF W 1/2 /NST N' 1161681 . ' 8 0) LOT 9 ! 2477 12' LOT 9 SURVEYOR'S REAL PROPERTY REPORT PART 2) REPORT SUMMARY \ --~ \ ~ J Om'" ...J(\J~ (\jCO\O " (\J ~ .""", - - S fAl<E ct ({)-z u.. o ~- - '" ...'" -Nm " '" 0'" '" 2 I[) _ r: U1 :z (\j "'-I- -ct Wa: U!llI53S1 ,~- <J1 \-- o .J '" (\j~ "'-", -.>l'> 2. :z u... Of- U1 ,. (\J - '- W TH e: HDUSE. POOL AND () ISH ARE WHOLLY SITUATED ON nil:: LOr. ASSOCIATION Of ONTARIO ",NO SURVEYORS ~N SU,MISSION FORM 1239862 ~ NOTES BEARI"'GS ARE ASTRONO""C S(!"'G DERivED FRO'" THE N 3/. OS' W 0' THE wESTERLV LI",IT Of LOT 9 IN ACCORDANCE WITH A PLAN 0' SURvEY SV R. KIRKPATRICK. o.t...S DATED MAY 4 1919. . o SIB \B I~ ~S. PROP. OU OE"'01ES SURV(' ...ONu...E",T FOUND SURvn ~ONu~E"'T SET STANDARD IRON BA.R IRON_ BAR IRON PIPE ...EASURED PROPORTIONED ORIGIN utUOiOWN SURVEYOR'S CERTltlCA TE I CERTIFY THAT: 1. 1HIS SURVE' ANO PLAN ARE CORRECT AND IN ACCORDA"'CE WITH THE SURVEYS ACT. THE SURVEYORS ACT AND THE REGISTRY ACT MID THE REGULA nONS ......OE U"'OER THE"" 2. 1~E SURVEY WAS COMPLE1EO ON rll/o( C},7 J ~"I 6'< ;1 ~ 10,"1- DATE @ \ P. J. MANSfiELD \ ONTARIO LANO SURVEYOR 58 CHIEFTAIN CRESCENT BARRIe ONTARiO tAN ALa P,J. ......NSflELO. O.t.S. (1999) .' 00 IIOT ALTER THIS PLAN cuon: HueBt..E p.OJEC' ND 00_ '1n'" 1\ Cf PAGE#2 APPLICATION A-37/03 COMMITTEE OF ADJUSTMEl'lT DECISION BE IT RESOLVED that: Moved by Joe Charles, seconded by A11an Johnson "That the Committee hereby Grant Minor Variance Application A-37/03 as fo11ows: THAT PERMISSION TO EXPAND A LEGAL NON-CONFORMING USE IS GRANTED FOR 33 MILL POND SIDEROAD FOR A 19.3 SQUARE METRE' (208 SQUARE FOOT) SUNROOM ADDITION. and subject to the fo11owing condition: 1. That the appropriate buDding permit be obtained for an addition of 19.3 m2 (208 ft2) 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, '" ..Carried." Additional information regarding this AppJication is available for publjc 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. , ~~ - q Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 Peter Rae and Suzanne Levesque 33 Mil/pond Sideroad, South Part Lot 3, COrJcession 7 (Medonte) A 37/03 THE PROPOSAL The applicant is requesting the following relief from Section 5.28 of By-law 97-95 (Setback from an Environmental Protection Zone). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural and Environmental Protection Overlay Zoning By-law 97-95 - Environmental Protection (EP) and Agricultural/Rural (AIRU)Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The applicant proposes to build an addition with a total floor area of about 19.3 m2 (208 tt\ onto a dwelling that is entirely located within the required setback from an Environmental Protection (EP) Zone. As a result, the applicant's dwelling is a legal non-conforming use and permission is required from the Committee of Adjustment for expansion to such uses. The applicant also requires relief from the minimum setback requirement for rivers and streams given that the proposed deck will be located within this setback. Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the was lawfully used for that a purpose prohibited by the by-law on the day the by-law was passed. The existing structure predates the passage of the Township's by-law. Applications for expansions of non-conforming uses are guided by the policies set out in Section J2.2 of the Official Plan and not the standard four tests for minor variance applications. Section J2.2 of the Township's Official Plan sets out the following policies to guide Committee in considering expansions to legal non-conforming uses. \'l'D-\() a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust....and the degree to which any of these factors may be increased or decreased by the extension; and, d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The applicant's proposal appears to be a reasonable expansion to an existing dwelling unit and therefore the proposal is considered to conform with the intent of the Official Plan. The primary role of the EP Zone is to protect key environmental features and functions. To this end the application has been circulated to the Nottawasaga Valley Conservation Authority who has approved the proposed renovation subject to certain development conditions. The site inspection revealed that the existing building may already be closer to Mill Pond and the steep slopes than the proposed addition. On this basis the application should not adversely impact surrounding environmental features and therefore the proposal is considered to conform with the general intent of the By-law. CONCLUSIONS 1. The requested permission to expand a legal non-conforming use represents a minor expansion that will have little or no impact on the environmental features or functions of the area. 2. The requested expansion to a legal non-conforming use is considered to conform with Section J2.2 of the Official Plan. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A37/03 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-CONFORMING USE IS GRANTED FOR 33 MILL POND SIDEROAD FOR A 19.3 SQUARE METRE (208 SQUARE FOOT) SUNROOM ADDITION. and subject to the following condition: 1. That the appropriate building permit be obtained for an addition of 19.3 m2 (208 fe) 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, \'J All of which is respectfully submitted, Wesley Crown MCIP, RPP.. Senior Planner Meridian Planning Consultants I \ - \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I \~\)-\'d uJ -; ~ uJ 0- \~ .0- \ \ ..n C) 'i ~io t;; ~ ~u-~ ~ ''-~ ~) I II J 'l /~ ( ( I \ \ \, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \~ r \ \::1 \ \"S \ I'e;: .0 \ IC>< \ \ \ \ I \ \ \f \\ \ \ \ \ \ \ \ \ \ \ o l;;'f:.f , I \ \. \ \ -' .... , \......' \.~~ / '.-j .' i ...----' ~ o <;:. ~ - -'- -,- -----.-.- - -.-.-....-,.. -" tMJV.9S.6"Z.N "3H\\ )...I.,!\'}.!O~d ,9,,;'<.L" uJ ~b \.<" \~~ .~~ :; \Z r- \..-.- -'- t'( '--:~::,,; " \ "./ .., / i ..,....../ I \ \ I \ \ \ I I I \ I \ I \ \ \ \ A f( i... /, \~ / I~ /1' /I \';h It iZ I) /! (;/ ........ ..... j0Z'V~.~' '" I."J .;;; \,.- \ I \ \i ,::'> y ~';t: .." .c.- ,0 ..'>t. .p.. \ \ \ \ \ \ \ \ \VJ 'n .'h ....... \~ iZ \ ~-<- ~",.- .- -~ -'- M.;YJ,doLZI1 PAGE#2 APPLICA TION A-35/03 COMMITTEE OF ADJUSTMENT DECISION ' \~\ \/j 0'- Y) - :) BE IT RESOLVED that: Moved by Allan Johnson, seconded by Joe Charles . "That the Committee hereby Grant Minor Variance Application A-35/03 subject to the fo11owing ]ist of 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 prqperty report prepared by an Ontario Land Surveyor; 2. That the setbacks for the proposed attached garage sha11 be 4.5 metres and 6 metres from the north-west and south-west corners of the garage respectively from the front lot line.; 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. ... ..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. \ ~'r,- Township of Ord-Medonte Committee of Adjustment Planning Report for October 16, 2003 , Ronald & Carole ,Ann Armstrong A-35/03 65 Greenwood Ave., Plan 880, Lot 9 (Oro) THE PROPOSAL The applicants have applied for the following relief to permit the construction of a single detached dwelling with an attached garage in the front yard in the Shoreline Residential (SR) Zone. Required Proposed Minimum Front Yard NIW corner of garage SIW corner of garage 7.5m (24.6 ft) 4.5m (14.8 ft) 6m (19.7 ft) MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -' Shoreline Zoning By-law 97-95 - Shoreline Residential (SR) Previous Applications- AGENCY COMMENTS (space is provided for the COl11mittee to make notes) Simcoe County Municipal Works and Roads Building Department- The Township Building Dept. has reviewed this application and note that septic approval would be required for construction of a new dwelling. Fire Department PLANNING FRAMEWORK Background The applicants lot has a street frontage of about 15.25 metres (50.0 feet), a depth of approximately 50.3 metres (165.0 feet) and a shoreline frontage of 15.25 metres (50.0 feet). The applicants propose to build a 60x28 dwelling including an attached garage. The new residential dwelling will have a ground floor area of 93 m2 (1001.07 ft2). The proposed attached garage would be located 4.5 metres and 6 metres from the north-west and south-west corners of the garage respectively from the front lot line. Due to the location of the proposed dwelling and septic system on the lot, the front yard is the only available building area for the attached garage. Iy\~ J' \. J I J - It) The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Shoreline. The primary function of the Shor~line designation is to identify and permit residential uses which are compatible and in keeping with the character of a shoreline residential community. The proposed variance, which would permit the construction of a single detached dwelling, is in keeping with the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? One of the purposes of maintaining minimum front yards in the Shoreline Residential Zone is to maintain and protect the residential character of a single detached residential community. Given that the lot is somewhat constrained given its size and location for the proposed dwelling and septic system, the proposed variance is considered to conform with the spirit and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The subject application has been precipitated to some degree by a small lot size and the proposed location of the house, septic system and driveway. Based on a site inspection of the proposed location for the attached garage, it would not detract from the character of the lot or the surrounding neighbourhood. On this basis, the subject variance should provide for the appropriate and desirable development of the lot. Is the variance minor? On the basis that the proposal is reasonable and should not adversely affect the character of the residential 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-35/03, 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 for the proposed attached garage shall be 4.5 metres and 6 metres from the north-west and south-west corners of the garage respectively from the front lot line.; 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, t-~~ \ -HD Andy Karaiskakis Junior Planner Reviewed by, Wesley Crown MCIP, RPP Senior Planner Meridian Planning Consultants ~ !./') < ~ ,,~ y -< -l. ~- H5'G'9/ \- \ ~ ';?- f'''''' ~ , \ \ \ \ \ \ ,\ ' , ~ <Ii<_ 1':- tI\ ... t) \.t) ~\ .~' "........ \-.. , ,\ ~\ <\ .~;. '\' ~ \.\. f' ----------\ , .J .J.. '-4;\ ,<;, . >.lJ \2:> >- ~ q Q ! ~ 'tJ.. \ f I JJ X__ V1. ...J..j-~< ~ ~ ~ . ;/J f/ , \ 1:\ i r-- ~, ~ i ~ ~ ~ 'jI. i \" -------- \ ~ " \ t \~~\ ,\.;, , \ \..C'\ , : ~,' --=-~.~,,- 1'__- f\' '-., iJ'd. ; ~ -.z;. ____, ~, \:L. '" \\;..fJ:\ ..:;::: IT- ~. '., \.1\', i ~ \-- :::.--)~~-.\. \ ~., X \'""fY" \ .,'.. Y --< -.. \..J'\~.. ..! ...\ I . .':;"-__.'::- ,.,-'....1' '-.,,,""" ."'c / \ .' ~_:::N.--_ " ----,.z....: 'i .... N ,y_- -' ;--", ----------, - ~ .\,,---.,,-.----'.. "---., .. f:---" \ ~ '~~,\_' \ \ .~~~ Q;.. ....J< ~- J .J. ~ ~ C ~ ,,-~ \"-; >4> i- (j (] 0/11 /'13 ~ "y r I \ \I<~ ::2". :t___~ \ \ \ ~~ ').. -" ..- ;:, ~ ..... :i ~ i l ,.-"'/ \ \ \. ...! \ .,~ \, !::::> \~ cJ.. :r.';:. ~-< ::r.:S >- ""'~,-\ ~-= (" .~ " c:::, I ....... Iv >( \\J cJ ~ Th \--.\ \J- ~ ---L -';L .----~. 1\ Q ~j~ ~...l--..l "2 -.1 out ~-....... <:> ~ ~ A.. \ -\<6 PAGE#2 APPLICA TION B-35/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Joe Charles, seconded by AHan Johnson "That the Committee hereby Grant Consent Application B-35/03 subject to the foHowing conditions: 1. 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; 2. That al1 municipal taxes be paid to the Township of Oro-Medonte; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent; and, 4. That the conditions of consent imposed by the Committee be fulfil1ed within one year from the date of the giving of this notice as noted below. ... ..Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, ] 48 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and4:30 p.m. I 'dYJ- \ q ! Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 Blueberry Beach Development Corporation Ltd. B-35/03 9 Blue Ridge Road, Lot 28, Plan 51M-22, Plus Parts 11 and 13, 51R-6681 (Oril/ia) THE PROPOSAL The applicant has applied for consent to permit a boundary adjustment. It is understood that Part 13 on Reference Plan 51 R-6681 was not included in the expansion of the property. When the subdivision was laid out, Part 13 was not included in the registered deed,' therefore remained in the original developers ownership. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential Exception Ninety nine (SR*99) Zone Previous Applications - None. AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public W orks- Building Department-The Township Building Dept. has reviewed the application and note that the proposal appears to meet the minimum standards. Fire Department PLANNING DEPARTMENT Background This application will not result in the creation of a new lot. The applicant has requested a boundary adjustment that would include Part 13 which was never included in the registered deed. When the subject property expanded, Part 13 was not included in the expansion of lot 28, which clearly should have been. The land to be added, identified as Part 13 on the applicant's reference plan 51 R-6681, has an area of approximately 9.3 m2 (100 ft2). Part 13 would be added to Block D, Parcel D-3 on lot 28, which has a lot area of 0.186 hectares (0.46 acres). Township Of Oro-Medonte Official Plan The Shoreline policies of the Oro-Medonte Official Plan are silent with respect to the issue of boundary adjustments and/or lot additions. In the absence of specific policies relating to the application, Committee should consider the overall objectives of the Shoreline designation: 1 . To maintain the existing character of this predominantly residential area. 2. To protect the natural features of the shoreline area and the immediate shoreline. 3. To ensure that existing development is appropriately serviced with water and sewer services. Zoning By-Law 97-95 the retained lot would comply with the Zoning By-law provisions,appl'icable to residential uses ,in the SR*99 Zone. There would be no situations of non-compliance created by the proposed boundary adjustment. ANALYSIS The application appears to be a reasonable request for a boundary adjustment and should not compromise the future development of Lot 28, given that it still complies with minimum area', frontage and setback requirements. CONCLUSIONS 1. The application does not offend the objectives of the Shoreline designation of the Official Plan and is deemed to generally conform with the policies of the Plan on the basis that the application will not result in the creation of a new lot. 2. The application would also correct a long standing, error respecting the title of the subject lands. RECOMMENDATION It is recommended that Committee approve consent application B-35/03 subject to the following conditions: 1. 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; 2. That all municipal taxes be paid to the Township of Oro-Medonte; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent; 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, i~~ Andy Karaiskakis, Junior Planner Reviewed by, Wesley Crown MCIP, RPP Senior Planner Meridian Planning Consultants \ d-b - ~ \ ~~~.VG'GVV~ !~:~~ IV~ IGO ~~~b HOGBEN M^YHEW HILL M~~ 09 03 01~50p ROYAL LEPAGE ,.-.;, .~.~ -"/2BOa 03:31 71354445847 .R~~IT1JrJe . MAY-06-2003(TUE) 11: 1'3 MRY-'Z!5-~ 1.7:55 ROYR- L~ ~~ #3689 P.Oll 7057207313 p.s DR J1.:)!4N R MI~ F AM "i'05 722 5684 70S 722 S664 '~4~~ PAGE en;... P.e06 P.06 ., '" c- " BLUE RIDGE -~~ t.. ~ CRESCENT ::"~ J: ~:~ ~~,.., I ,__ _J;D.DD' /) ,,- N2!rC3 ':t' ""- ~"MSI' ---- .-- =----- '-, --- LOT '27 -- PARCEL 27-1 SE:C77ON M-;-22 -'I] ~ LOT 29 p..10.2,t ~ 'u ~ 51R~4761 --<:> -y~ ~ ~ LOT " ~ D"Ii:~ <6 BItICK ~ -(J' ~ aIUN~ Ntt~ U ~ --- <? \.J'~ - PARca 28-' sft770N M-2y !! ~ . ~ ----- ~~' ~~ ~ ~.~~ CS'I'~ ., ~ ____ii~ ~\ 'I,............' ~ t fQ'O~" . .,.. 'V " " ~,:P' ~ ~~... .~,,~.. PART 13 ."'. ./"' , '!. 51R-6661 "- .;S~............ ~ '\. ~ ~~ . I ~ . ;;,,~ ,., ;;; ',;"4 #:: I~J/j t~~~ 0_;:) __ ~. I. /f /. .k.. <,;>1' I' 1728 <?~ PART 5 . /' 13 51R <PAR" 4 co~ r:;,~ PAIrCE'L 0-3 SECT/ON U-22 OG"f. ~\; ~ NOTES: C& ~ ~~rO ~ 1U TI"IL "Ife!UlLI;ILY 1.....-T 0' ~1....5'HC1rN ON P1J\JII II-IZ~ JtIIVING A ~ or LEGEND sLJRVE B'B -Dbol:l"/U ~ - _ BBI9 _~ ~ ~1tO :IRON' aMi ~I"""'a.e I C!':JlUFT 1HO.,., tJ 'JHE ~ ...... ...... ...... ....., \ 1J-b ~ '1 ~ PAGE#2 APPLICA TION B-33/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Jo~Charles, seconded by Allan Johnson "That the Committee hereby Grant Consent AppJication B-33/03 subject to the foJ1owing list of conditions: 1. That three copies of a Reference Plan in addition with two digital copies of the same for the subject lands indicating the severed parceJ be prepared by an Ontario Land Surveyor be submitted to the 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 an municipal taxes be paid to the Township of Oro-Medonte; 4. That the conditions of consent imposed by the Committee be fuJfiJ1ed within one year from the date of the giving of this notice as noted below. '" ..Carried." \I""\L r"'\') \d-Y)~JJ Township of Oro~Medonte Committee of Adjustment Planning Report for October 16, 2003 Ross Edward & Jean Kerridge 8-33/03 1443 Line 2 N., Concession 3, Part of Lot 12 (Oro) THE PROPOSAL The applicant has applied for consent for a technical severance and for a correction of title for the above noted lands. The lands proposed to be severed would have a frontage of approximately 304.8 metres (1000 ft), a lot depth of approximately 655.32 metres (2150 ft) and a lot area of approximately 20.23 hectares (50 acres). The lands to be retained would have a lot area of approximately 16.2 hectares (40 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (A/RU) & Environmental Protection (EP) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department- The Township Building Dept. has reviewed the application and note that the proposal appears to meet the minimum standards. Fire Department PLANNING DEPARTMENT Background The subject lands presently exist as a single 36.42 hectare (90 acre) parcel and is currently vacant and unoccupied by buildings. In 1966, Mr. Kerridge took possession and was the owner of two parcels, the northerly 40 acres of the west half of lot 12 and of the north east quarter of lot 12, which has an area of 50 acres. In time, these two lots merged and in 1994 the 90 acres was under the ownership of Ross Edward Kerridge & Jean Kerridge. OFFICIAL PLAN Section D2.3.10 of the Official Plan provides a specific policy to allow Committee to consider applications to re-divide large parcels of agricultural land which have merged in title. The policy states: The creation of a new lots to correct a situation where two or more lots have merged on title may be permitted, provided the Committee of Adjustment is satisfied that the new lot: . was once separate conveyable lot in accordance with the Planning Act; . is of the same shape and size as the lot which once existed as a separate conveyable lot; . can be adequately serviced by on-site sewa'ge and water systems; . fronts on a public road that is maintained year-round by a public authority; and . an entrance pern7it is available for the new driveway accessing the severed lot from the appropriate authority, if required. . the severed and retained parcels will continue to be viable for agricultural use after the severance has been granted. To assist the Committee of Adjustment in determining the viability df the severed and retained parcels; an agricultural Viability report shall be prepared by a qualified agrologist. The report shall review: the quality of the soils; the nature of the existing farm operation, if one exists; the potential uses of the severed and retained parcels. (Official Plan Amendment #4) In order to confirm that the lot to be created was once a conveyable lot, the Committee of Adjustment will require proof, in the form of a registered deed that indicates that the lot was once legally conveyable, and an explanation as to how the lot merged with the adjacent lot. ZONING BY-LAW 97-95 If Committee approves the application, both the severed and retained lots would comply with the minimum area and frontage requirements of Zoning By-law 97-95. ANAL YSIS At the time this report was prepared, the applicant had not provided information as required by Section 02.3.10 of the Official Plan, most importantly the registered deed. Until this information is provided, Committee may choose to defer making a decision on the subject application. RECOMMENDATION It is recommended that Committee defer making a decision with respect to consent application B- 33/03 until the applicant provides information as required under Section D2.3.10 of the Official Plan. AI11;;~Q=;:submitted' Andy Karaiskakis Junior Planner Reviewed by, Wesley Crown MCIP, RPP Senior Planner Meridian Planning Consultants A BL OC~ 58536 /. C> 8LOC~ 58535 ~~. F ~. ".' /. , I " . ;-\1, __"',----,-""" _---,----------------1. . -;;:;.- ~ ~- -'.'-' . .-,;;;;;-""--""'''''" ---,- . ""'" :;::.---- .~. . .. ---. ~ ", \ .'~. f~ ~. .~~~~ l ~. t~~. l .~. l 'I ___',- - --- _.. .(Oft: {' (J1C. pUJ( SlR-l/l~ """ (jCJJt ',', ..:1 ;., ~ .~ o ~I ~ :'.< .. N~Y4 (.....:50 ().,r#.:1) .... ., '" <1: u o -' '" """ ~ . rxb< . .' ", (":>,\ - I, " PIflI'\5II'HTT>f6 """ " , puN SIR-ITSIS II " " ~ \ 1 - ::::~ i:::\ 0...- .......: \\ i"'\ \ \t 'd I ~ t'.:} ....\ r#JI o oleo -L.\. .i .: i i _Pt.NI~"",21! ...,. . "'... SHEET 2 " <:::7 "".,q ". .... l pr,.M sm-,l-481S \--= 6LOC~ 58542 - SHEET OF 2 i .~. ".' i' ..,. :/~~::: ,.... W WHlSTRY Of CONSUMER ANO COMMERCIAL ONT ARlO RELA T\0N5 THIS \NOE~ MAP SHOWS ALL PROPERTIES E~\5TING IN 8LOC~ 58S42 - SHEET I ON NOVEMBER I. 1999 SCALE ~~~-.,.~- .~ ~ .,.. ~- PROPERT'< INOEX MAP BLOCK 58542 TOWNSHIP OF ORO-MEQONTE COUNT'!' OF SIMCOE (OFFICE 5\\ " '" ~I;> 15 o ;;\ ~ '"",,:. LEGENO ~c"",\'IO"'~ ----- ~,,....u",""""~ -.-.- -.- .,.~IIi__I'JICI'P"""""'-' ~.-u'n""" (lit! ~.fOIIbI"J'<<~ t;j.(f ~~.~~1~MMfE1'o a,(f -'- ......- ~_,.-.p1PIOIr ----- f~' i ".",...,.,."".". .fIIS.."- fII.---~"'-~""'''''''' .~",._..._............ not'- *" ..- ...,........_ ...- ",w.n& f'IIIII"IIII'I' ....... ". NOTES /f/IIIII"'f/tIIIJfICJIf'..- ~____I/I1D---'" .,1t__fJIII/III1I'.. .<). L ,.''1 I' ..' " ,,,f._ .. 'I""" __ft,~d"~'" ~.",...M~-'III'I In'lflli .". 1ti$ flU ,..,.... ",. "":"" ~........-' ,...~.~~ _~f'I,.WIi"'~' .. ~, .. I ..., 1.4 (" I.'. ",-( ,.... IIIU'fJIO'!-'tfl.... UCIJ1L.......-UJI1 ~j'O,>>I\fIf...,,,\UI....U. 5000 PAGE#2 APPLICA TION B-34/03 COMMITTEE OF ADJUSTMENT DECISION \db - ~ G BE IT RESOLVED that: Moved by A]]an Johnson, seconded by Joe Charles "That the Committee hereby Grant Consent Application B-34/03 subject to the following conditions: 1. That three copies of a Reference Plan in addition with two digital copies of the same for the subject lands indicating the lands subject to the easement having a frontage of 50 metres and depth of 40 metres be prepared by an Ontario Land Surveyor be submitted to the 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 Municipa]jty~ and, 3. That the conditions of consent imposed by the Committee be fulfilJed within one year from the date of the giving of this notice as noted below. '" ..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 October 16, 2003 Horseshoe Valley Resort 834/03 West Part Lot 21, Concession 3 (Oro) . , THE PROPOSAL The applicant has applied for consent to convey an easement from Horseshoe Resort Limited ,to Carriage Hills Resort Four Inc. The purpose of the easement is to permit vehicular access over Horseshoe lands for members of the Carriage Hill timeshare establishment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Settlement Node Zoning By-law 97-95 - Residential Two (R2*123) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The purpose of the application is to convey an easement from Horseshoe Resort to Carriage Hills Resort for the purpose .of providing residents of Carriage Hills with access from the former County Road 57 over Horseshoe lands. The proposed easement has a frontage on Township road of 50 metres and a depth of 40 metres and represents an existing point of ingress and egress to the Horseshoe lands. Maintenace and other issues are the subject of a separate agreement between Horseshoe and Carriage Hill. Township of Oro-Medonte Official Plan The subject lands are designated in the Horseshoe Special Policy Area in the Township's Official Plan. There is no specific policy in the Official Plan regarding the conveyance of easements or right-of-ways for the proposed purpose. ANAL YSIS The proposed easements have been requested to formalize a legal interest in the land for access to the Carriage Hills Resort. The applications do not offend the intent of the Official Plan as it applies to the Horseshoe Valley Settlement Area. 1 11"\\ 0,A-' \....1h-o.:..."'" ,-,- -' !,) RECOMMENDATION It is recommended that Committee approve consent application 834103 subject to the following condition!:i: 1. That three copies of a Reference Plan indicating the lands subject to the easement having a frontage of 50 metres and depth of 40 metres be prepared by an Ontario Land Surveyor be submitted to the 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; and, 3. 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, 2 PART OF PARCEL 1-26, SECTION 51-0RO-3 I 1999.62 PART 1 SUBJECT TO EASEMENT AS SET OUT IN INSTRUMENT 1'10:5 lT327069 & lT47.2330 PART 1 DOES NOT COMPRISE ALL OF PARCEL 1-26, SECTION 51--0RO-3 -.,~_1"~ ~vV" :--- ;..- :!> 'j'()~ -;;f.r:J_S<;}.(ftI ..>-,~, /J. ').. N.E. Corner .",<;jt...--: ~ \.()' L t 2 ~":"I;'j1.~",t'~t. 0 S ,Concession ---- :::--- \.\~\, PART 1, PLAN 51R-28722 PART OF PARCEL 1-26, SECTION 51-0RO-3 sub ject to eosements os in LT327069 & LT472330 ;50) LOT CONCESSION '" ~~JQ..9" ~ ,0 "\ '" -11t> /' '" -2 ""- ' ,0<, '" -1;1/.s '\o.5<~ '" llt>,.>, ~.$.5~ ""- '" 6'&J' '" ,,",,0 +"'Olt. ""- ;".1'1, ''V '" '-"',>> -1$ C '" ""/ Q/. '-"'0 ,0-1 vIII" '- 6'$0 It>l' , ,.. b '" :?do <t 'r" '" ',0<, vA/() ""- -1tJi.s 1110 '" (""'\ '1-.5<. llt>,.:: $> ""- "t.~.5.$.5' 'X---- /#:0 '.r, I(,- V&> '- ~~ :--- v '" '" ~ .6',):>- 1f.~>- ~S '7 "'- .1\ .3 ~ "'" ") q/ <0' tJ) ./ /"> ~ 0'1f ,<<fP <{" q,"<';;- ". d-6" , ,,1::0 ~' 9:0' ,,- q,"<0 Q.'< . ~~% 0. ""-(;) d>/'ili~"Z. ~~ -z..~ 1'~ 1>a'b 'b ~-;.-z.""P' !' 1;~o ~~\.f'''J''' \P~ ~ "6~ -t-~ -z.~ q -'f... \J'\ "'P' ~~ v-.-z.. ~1. ...~ ~<S>.J. ... - Q.) cr \ \l) Y DA1E 200: DINO R. S. ASTRI ONTARIO LAND SURVE'tOR PLAN OF' 51. CONC IN THE GEOGRAJ TOWNSHIP 0 COUNT) 2() 10 r:::::::-==::I SCI DINO R.S SURVEYOR'S CERl1F1C I CERTIFY THAT: f) THIS SURVEY AND PlAN ARE COR ACT, THE suRV[YORS ACT AND 1 UAD( UN()[R TH[U 2) THE SURVEY WAS COMPIJ fro ON SEPT. 8. 20~~ DATE !\IN( l.,T. BEARING NOTE --. BEARINCS AUf A'~m(.lNnI.AH: ANn A" or COUNTY HO^,) tin ." "', SIIOwt MEiRlC ..........u..r~. r....".." ...' .. ", II! ,a' I PAGE#2 APPLICATION B-32/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Al1an J oh:nson, seconded by Joe Charles I "That the Committee hert(by prant Consent Application B-32/03 subject to the following conditions: 1. That three copies of a Reference Plan in addition with two digital copies of the same for 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 the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent and the applicants Sohcitor provide an undertaking that the severed parcel wiB merge in title with the adjacent (to be enhanced) lands; and, 4. That the conditions of consent imposed by the Committee be fulfiJJed within one year from the date of the giving of this notice as noted below.. ... ..Carried." Note: The County of Simcoe has a by-law that inc1udes setbacks for structures and buildings from County Roads. 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. I ~h - '3 \ Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 Elvio Delzotto 8-32/03 Concession 3, East Part Lot 28, RP 51R-26974 Parts 14-18 (Oro) THE PROPOSAL The applicant has applied for consent to permit a lot addition. It is understood the owner of Parts 19 & 22 wants to establish a greater side yard than currently is provided. In order to facilitate this, it is proposed that a portion of Parts 19 & 22 be severed and added to Parts 14, 15, 16, and 17. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural & Shoreline Zoning By-law 97-95 - Agricultural/Rural (A/RU) & Shoreline Residential (SR) Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department-The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department PLANNING DEPARTMENT Background This application will not result in the creation of a new lot. The applicant has requested a lot addition that would increase the lot area of Parts 19 & 22. The proposed lot addition would have a width of approximately 5.5 metres. It is the intent of the applicant to build a new cottage on Part 19. The land to be added would have would have a frontage of approximately 5.5 metres (18.04 feet), a lot depth of approximately 440 metres (1443.57 feet), and a lot area of approximately 2420 square metres (26,050 square feet). The land to be retained, Part 14, would have a lot frontage of approximately 40.12 metres (131.63 feet), a lot depth of approximately 440 metres (1443.57 feet) and a lot area of approximately 1.7 hectares (4.4 acres). Township Of Oro-Medonte Official Plan The Rural policies of the Oro-Medonte Official Plan are silent with respect to the issue of lot additions. In the absence of specific policies relating to the application, Committee should consider the overall objectives of the Rural designation: a) To preserve and promote the rural character of the Township and the maintenance of the open countryside. \'db-3d b) To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The objectives of the Shoreline designation are to maintain the existing character of the predominantly residential area, to protect the natural features of the shoreline area and the immediate shoreline and to ensure that existing development is appropriately serviced with water and sewer services. The proposed lot addition would not compromise the objectives or the policies of the Rural or Shoreline designations. Zoning By-Law 97-95 The proposed enhanced lot has a split zoning, with the top half of lot beirig AlRU and waterfront portion is Shoreline Residential. As the lots would be used for shoreline residential development, the standards and provisions of the Shoreline Residential zone should apply. Therefore the resultant lots would comply with the requirements of By-law 97-95. ANAL YSIS The application appears to be a reasonable request for a lot addition and should not compromise ' the future development of the subject lots, given that it still complies with minimum area and frontage requirements. CONCLUSIONS 1. The application does not offend the objectives of the Rural and Shoreline designation of the Official Plan and is deemed to generally conform with the policies of the Plan on the basis that the application will not result in the creation of a new lot. RECOMMENDATION It is recommended that Committee approve consent application B-32/03 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 the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent and the applicants Solicitor provide an undertaking that the severed parcel will merge in title with the adjacent (to be enhanced) lands; 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~cQQ Andy Karaiskakis, Junior Planner Reviewed by, Wesley Crown MCIP, RPP Senior Planner Meridian Planning Consultants 11IC1RIC: OiST#ICfS SHO_ Of< IHS ~.. ~- IN METRfS AND CAN Sf C'()M{7irrt' rp .rn-r s-- DMOWC Br O,J(U8 DRAFT PROPOSAl. Sept~ 2nd. 2OOJ. COUNT:" ,:?OAD '~M5I'Uo1Of\). """"""'....- MGlS11'I"<M;t PlAN 51R- --""""'" OI>I"""~~ A$$'I.D(P.tJHORE~ roRnI[MQSfII'fDMSlON Of ,SIMCO( (No. ~1) .t;;-;;:~~:~~ it #-~ ,,," ,? :~l ...... ..- ::;... !:;.~:.=~ ."Hi30 - No Df!f~d Rffg.;,,>.tf!rmf) ....".... H![)(;E HOAD ..". ..- -- ,...- , ~- U'_ .."..,..,., ~~ - I I I I I I I I I I I I I I I ~ ~ I PN<! . PART 13 PART ,. PN<! 22 ! P/.RT or: LOT 40.00 --1 I :~ I~ !~ "uH :~ !~ I I I I I I ~ ~ a I I I I I I I I . I t) ~i ::~ C()!\;CESS~;():V .- :1; .. !".t PN<! . .. I , !~ j i~ ! I ... :I: ., <..", .... ...-. i~~}.J \~L : ....- '\ ~"-- \~__I) h ~, !! PART 19 PAR! 20 ) ! ~! II ::; :~: PN<I 1 ~., n Hi II~ l~ I,u\._~' i,lfLp' i<.EMPE:\jFEL T ,. .~ ;.:r.- Si.n.1COE ....... ~ru:: ~~-46(D) \1'\1 db PI.N<I or SUR'JEY or PART OF EAST PART OF LOT 28 CONCESSION 3 TOWNSHIP OF', ORO-t.4EDONTE (IN THE GEOGRAPHIC TOWNSHIP or ORO) COUNtY or SIMCOE """-',- ". ::: (': \:: P. HOIloWIN . O.LS. 2003. .~ " NOTES f~ ~2 t:; BQ.RI/fCS~_Qo<AII:(~NfOIoIrE.1'TtfIU) TOTH(~~L.-t~P,tRI'.KWlNCA__or 1Q07.~,.ACCOFItIIN::TOIVI<~'fi_1U7J .'. . D(lIOTtSS\.IM'f~F'OIJHI) ~!I :==~~_ : :=~~~$OP ~~, PIon I)U<<JI'('S PIN< ~IR-2~1(). ,~ DUfOIU R.I!. wtls- . O.L.5 ,Jt(! OfNOn:5 P./I. ~!1C>'H'. 0.<..$ 'e1J\)UI()'t(1;tI'\AO!!Vf!'r6~C~<.TD P2 tll;HcrT(s """"" ~'~-12n~ tJO<<:ITt,S INSTII.-.n..._ lU~' ,,~ DO<Im.I,N.!'AS\'I.IS>W< UIoIIttt> (~ ,,- .....VQUII05UR\lt'!~MfI....PASt\J$>W< !J!OI.r$s~NO'f[I) ::: SUR'JEYOR'S CERT1FlCA'I[ ... I) ~SI./RYD.atfOPVfIAR(CORIIEC1' NIIJ",A(:COAON<C{1I'1M111E~JIC:I.SUR\l('lQftSIICf~ TIt[ ~r=RY /ICf NIIJ TIt[ RtCIAATIOHS WollE tIft/lItIJIIlXl! ; 2)TM:SOIM:7t!>.$~OHTHEI)I,TfS -- .. - ,.- ~~.....,.. LW. PAS'TUSHAI< UII1TED ON'JAI!KIl,.OKIsw.'f:1'OR5 SVlTtIO:;-.oeocOOfftRlNS1RW" -~- (.,II) Ilet_UeJ r... ("16) ~'_12n PAGE#2 APPLICATION A-30/03(Rev) COMMITTEE OF ADJUSTMENT DECISION \ 'Jp "' ~5 BE IT RESOLVED that: Moved, by An,an Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance A-30/03(Rev) subject to the fonowing ]ist of conditions: ' 1. That the area of the proposed garage not exceed 140 square metres and that the location of the garage be in substantial conformity with the site plan submitted with the application. 2. 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. .. ...Carried." Note: The County of Simcoe has a by-law that includes setbacks for structures and buildings from County Roads. 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. and4:30 p.m. \ ~b-~ Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 , Dr. Bruce MacNicol A 30/03 3003 Ridge Road West, Part Lot 2, Concession 2 (Oro) THE PROPOSAL The applicant has requested the following relief to permit the construction of a detached garage/storage building. Permitted Proposed Maximum Area 70 m2 139.35 mZ NOTE: The applicant has also requested relief from the maximum area provision for accessory buildings to build a boathouse larger than 70 m2, However, Section 5.1.6 excludes boathouses from the minimum area requirement of 70 m2, therefore this request has been deleted from the application. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 30-77 - Shoreline (SR) Zone Previous Applications - none AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works Building Department Fire Department PLANNING FRAMEWORK Background The subject property has a lot area of 4.36 hectares (10.77 acres) and is presently a vacant lot. The applicant submitted building permit applications for a dwelling with an area of about 557.4 m2 (6,000 fe), a boathouse with an area of about 92.9 m2 (1,000 tt\ and the detached garage which is the subject of this variance application. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? \ r.JJj ,3 The property is designated Shoreline. The primary function of the Shoreline designation is to identify and protect the character of the shoreline residential area. Permitted uses in the Shoreline designation primarily include residential uses as well as accessory uses. The proposed variance, which would permit the construction of an detached garage is in keeping with the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? One of the purposes of regulating the size of accessory dwellings in the Shoreline Residential (SR) Zone is to prevent over-development of a property which may lead to issues of incompatibility or may affect the character of an area. Based on a site. inspection, it is noted that the subject lot is large and is completely buffered from Ridge Road due to the depth and wooded nature of the lot. It is also noted that the subject lot appears to form part of a historic and redeveloping "estate" area and it is suggested that the proposed development is in keeping with an estate residential character. On this basis the variance is deemed to conform with the general intent of the Zoning by-law. Is the variance appropriate for the desirable development of the lot? Given the size of the lot in relation to the proposed dwelling, the proposed garage will not result in I the over-development of the subject lot. In addition the proposed garage will be generally consistent with the nature of estate style development in this portion of the shoreline. On this basis the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? The requested relief is deemed to be minor on the basis that the expansion appears compatible with surrounding uses and is well under the maximum lot coverage permission of 5%. CONCLUSIONS 1. The requested variance is in keeping with the 4 tests of a minor variance. RECOMMENDATIONS It is recommended that Committee grant minor variance A30103, stipulating the following conditions: 1. That the area of the proposed garage not exceed 140 square metres and that the location of the garage be in substantial conformity with the site plan submitted with the application. 2. 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. 2 \~ ~,j~ ,respectfully submitted, . I 3 I I I I 1.0..... . I' I I ro, '0 (J .' vI' I I :.tv I I I N c. I I z :::. I I ..... 0 \'\ I I I I .0/ I I I I 1 w I z I \ ::J I , La. I \ , I \ z. ~ I \ .;. III \ 'IV .,Ci / ~IV ~ +I L() / \ N> '& ~ 1.01 \ 0.03 ;:. " ./ \ ~ q N ~, \ <5' ""N !:;). I \ OJ I \ 1 \ I \ ~~ I \ 1 \ fJ'. ? 1 \ 06' ~ '-t9 I , 0.. I , ~\ J , , 1 , 1 \ 1 \ I / \ / \ / \ \ / , J , / , / , , / , I ..... "- / "- 1 ilJ~~n ~ 1 \ ,/ \jaroj" . J \ , \ ,-/ \ \ ! ) 0 / .... / 1'1 I I -H ~ / I o. .... 0 N 1 N Z / 30.00 ..... I I 1 I. / / I / 1 L _ ~~ <!. ~:!A~ _ -- pl1 at mea!!!. N60'28'30"E ..- :i ..q- -1 '" ~ + (LaP) 1.8. '" o g -,'00:58 - - - -- o 280.70 I.8.WI\. ~ ----,------- I I 96.5:1: -H 0> .0 water's Edge April 19. 1998 11.7:1: ( KEMPENFEL T BA Y ) PAGE # 2 APPLICATION B-30/03(Rev) COMl\lITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Anan Johnson, seconded by Joe Charles "That the Committee hereby Grant Consent Application B-37/03(Rev) to permit the boundary adjustment, subject to the fonowing list of conditions: 1. That a draft Reference Plan, along with a digital copy, of the severed land subject to this application be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer and the proposed merged lot and retained lot have the areas as set out in the appJication; 2. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parts of land subject of this consent, and the applicants solicitor provide an undertaking that the severed lands will merge in thle with the smal1er easterly lot; ~ 4. That the conditions of consent imposed by the Committee be fulfil1ed within one year from the date of the giving of notice. ... ..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. \ ~'D -4 \ Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 D~nna Walters 830/03 1336 Warminister S.R. , South Part of Lot 6, Concession 12 (Medonte) THE PROPOSAL The applicant has applied for a lot enhancement consent to facilitate a boundary adjustment of the existing rural parcels. . The applicant currently owns two rural parcels. one with an area of approximately 53.91 acres and the second with an area of approximately 12 acres. The purpose of the boundary adjustment is to sever 26.57 acres from the larger parcel to merge with the smaller parcel. If the application is approved the resulting lots would have areas of 27.34 acres and 36 acres respectively. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zones Previous Applications - B-6/97 created the corner lot. AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works and Roads Building Department Fire Department PLANNING DEPARTMENT Background COUNTY OF SIMCOE OFFICIAL PLAN The applicant's lands are located in the Rural and Agricultural designation in the County of Simcoe Official Plan. Section 3.6.6 of the County of Simcoe Official Plan sets out the following policy with respect to lot creation in such areas: .....New lots for agricultural uses should generally not be less than 35 hectares or the original survey lot size. 1 \ ,)b-4'd-. The County (personal call from June Little 08.10.03) has indicated that they have no concerns or comments on the subject application ORO-MEDONTE OFFICIAL PLAN The subject lands are designated Agricultural in the Township of Oro-Medonte Official Plan. Section 02.3.4 sets out the following policy with respect to boundary adjustments in the Agricultural designation: Boundary line adjustments or farm consolidations may be considered. where the effect of the boundary adjustment or consolidation is to improve the viability of the farm operation provided: a) No new lot is created; and, b) The viability of using the lands affected by the application for agricultural uses is not adversely impacted if the application is approved. Zoning By-Law 97 -95 Both the proposed and retained lots would comply with the Zoning By-law provisions applicable to residential uses in the NRU Zone that requires a minimum lot area of 0.4 hectares and a minimum lot frontage of 45 metres. Without accurate information respecting the number and location of the structures on the lands, it is impossible to determine if there are any situations of non-compliance created by the proposed boundary adjustment. ANALYSIS The proposed boundary adjustment will facilitate the creation of two large rural parcels, both of which will meet the area requirements for agricultural uses. Both parcels should be of sufficient size to permit a limited range of agricultural uses. This application does not offend either the County of Simcoe Official Plan or the Township of Oro-Medonte Official Plan relating to severance policies in agricultural areas. CONCLUSIONS 1. The severed and retained lots comply with the minimum lot area and frontage requirements for the AlRU Zone. 2. The proposed consent will not result in the creation of a new lot and does not offend the intent of the County of Simcoe or Township of Oro-Medonte Official Plans. RECOMMENDA TJON 2 It is recommended that the Committee grant consent application 837/03 to permit the boundary adjustment, the following conditions are recommended: 1. That a draft Reference Plan of the severed land subject to this application be prepared by an Ontario Land Surveyor and submitted to the Secretary-Treasurer and the: proposed merged lot and retained I,ot ha,\ie !t)e areas as se~ out in, the application; 2. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parts of land subj~ct of this consent, and the applicants solicitor provide an undertaking that the severed lands will merge in title with the smaller easterly lot; 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of notice. All of which is respectfully submitted, Wesley Crown, MCIP, RPP Senior Planner Meridian Planning Consultants 3 WET 5<:eu6 Ll'.ut> z v" :::; ~ 0'1-(",2.3,' 1/1 ~ 'ij ~ <I: ,.\ ,.. ,.} .,/\ -') '" ...... <\i <t " " II) ,. '" ~ '0 ->. ,.. :::-:: , () ... :r. )) OJ ::. \J \.)j \- + <:;: I/> L ~ "- '" <::> Q !:;.J,.......-... l-.j -~f v " i- N' \!J ,f) ;:j <> (f U\ P- r.J '2 /1> ',AI'> ( \1" ~~_.- /'1 (; ';.,..iV;...:; "- ~ '~ .J q: oJ. ;!. !J ::S u s ~ '" t'() ...!J '" Q- '" I- V C; Q: <:J -.J J.. ~ "- "Cb C) C' .eA ~ \t ~'2 <i)" 3 IJ_\ '() ~ c; -.J .\c Q :..,"~ '" "" ,,~ \),0 ::i<r: cr, \-6.-"- -A;bj3!S_...... -,.;~ .\.. <::\ ;:~ ':< --~1l). t~ \-, '-.... '-. v, r.c ~ n i '. .~ "- ,::) ,-, " 'J1 \'] ,.. L :J " ~.... ~ '" .", \- ,.. . '. li\ -1~ ';) '" '<I :;: .~ } ,j <l ,.. :) '" , t ~e .,. -~ " C.oi <J p, 2 ~ l Q j ) <. j, <! 0 (i .....,,' ~ :. ~ \j' (~ "1 (~ 0 ..'-" ~L .m' p - L ~L i\ .:;:. '-0 '" .~ 3 ,~~ '2 ,J o "" \ .''1'';'' l . ft.... .". ., C c\. " '" 1- VI ". ~.. ,,,#' !,";; , i~_:' ';:.::. J.1' -_..........,~~~,_~.~-"..":'.'.L~; I 'ft9 '_C: OQ/ ~c \dt -y~ PAGE#2 APPLICATION B-37/03 COMMITTEE OF ADJUSTMENT DECISION \ 1"\\ \db 6 BE IT RESOLVED that: , , ! I , I Moved by Allan Johnson; seconded by Joe Charles "That the Committee hereby Grant Consent Application B~37/03 subject to the following list of conditions: 1. That three copies of a draft Reference Plan, along with a digital copy, of the severed land subject to this application be prepared by an Ontario Land Surveyor and submitted to the 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 the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent and the applicants Solicitor provide an undertaking that the severed parcel wiJJ merge in title with the adjacent (to be enhanced) lands; and, 4. That the conditions of consent imposed by the Committee be fulfiJJed within one year from the date of the gi ving of this notice as noted below. ... ..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 October 16, 2003 Carl L. Cumming , : B37/03 . 200 Line 5 North, East Part of Lot 19, Concession 5 (Medonte) THE PROPOSAL The applicant has applied for consent to facilitate a boundary adjustment of his existing rural parcels. The applicant currently owns two rural parcels, one with an area of 68.8 hectares (170 acres) and one with an area of 20.2 hectares (50 acres). The purpose of the boundary adjustment is to sever 50 acres from the larger parcel to merge with the smaller parcel. If the application is approved the resulting lots would have areas of 120 and 100 acres respectively. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works and Roads Building Department Fire Department PLANNING DEPARTMENT Background SITE VISIT The site visit identified more buildings on the lands than shown on the application and possibly two dwellings on the lands as well. Additional information from the applicant respecting the location of all buildings, current uses of the lands (fields), would be required to properly assess the application. COUNTY OF SIMCOE OFFICIAL PLAN The applicant's lands are located in the Rural and Agricultural designation in the County of Simcoe Official Plan. Section 3.6.6 of the County of Simcoe Official Plan sets out the following policy with respect to lot creation in such areas: .....New lots for agricultural uses should generally not be less than 35 hectares or the original survey lot size. \~h _Ucl -' t; ORO-MEDONTE OFFICIAL PLAN The subject lands are designated Agricultural in the Township of Oro-Medonte Official Plan. Section 02.3.4 sets out the following policy with respect to boundary adjustments in the Agricultural designation: Boundary line adjustments or farm consolidations may be considered where the effect of the boundary adjustment or consolidation is to improve the viability of the farm operation provided: a) No new lot is created; and, b) The viability of using the lands affected by the application for agricultural uses is not adversely impacted if the application is approved. Zoning By-Law 97-95 Both the proposed and retained lots would comply with the Zoning By-law provisions applicable to residential uses in the A/RU Zone which requires a minimum lot area of 0.4 hectares and a minimum lot frontage of 45 metres. Without accurate information respecting the number and location of the structures on the lands, it is impossible to determine if there are any situations of non-compliance created by the proposed boundary adjustment. ANALYSIS The proposed boundary adjustment will facilitate the creation of two large rural parcels, both of which will meet the area requirements for agricultural uses. Both parcels should be of sufficient size to permit a full range of agricultural uses. This application does not offend either the County of Simcoe Official Plan nor the Township of Oro-Medonte Official Plan relating to severance policies in agricultural areas. CONCLUSIONS 1. Insufficient information has been provided respecting the location of all structures on the lands and the location of uses within the proposed parcels. 2. The severed and retained lots comply with the minimum lot area and frontage requirements for the A/RU Zone. 3. The proposed consent will not result in the creation of a new lot and does not offend the intent of the County of Simcoe or Township of Oro-Medonte Official Plans. RECOMMENDATION It is recommended that Committee defer consent application B-37/03 to allow the applicant to provide the additional information identified in this report and for in order to permit a proper review and assessment of the application. If the Committee wishes to grant consent application B37/03 to permit the boundary adjustment, the following conditions are recommended: (\. d~~. ~ 1. That a draft Reference Plan of the land subject to this application be prepared by an Ontario Land Surveyor and submitted to the Secretary-Treasurer; and the O.L.S. confirm that both the merged lands (severed) and retained lands meet the minimum area requirements of the by-law; 2. That the applicant prepare and submit a copy of the proposed conveyance for the parcel(s) severed, for review by the Municipality; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any . subsequent conveyance or transaction involving the parts of land subject of this consent, namely the North-East and South-East Parts of Lot 19, Concession 5; and, 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of notice. All of which is respectfully submitted, 1~~ fol. Wesley Crown MCIP, RPP Senior Planner Meridian Planning Consultants .cE- IJ - ,/J it;, L !~ JC) /~~ C or?o -r' CI1~r /) L1 /) "'[. 1..-"r.1}"':"~ ;' 1 f- LO r< /e; - -- ,., /':J LitlE fJ o rr \; i i U ( ;9 ( I~ -- ,...... }-', '" - h v I' , A L-/ () . . t' .......; /"',.,,,,-, \~h ~ PAGE#2 APPLI CA TION A-33/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Al1an Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance AppJication A-33/03 subject to the foUowing list of 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 for the new detached garage shall be 8.5 metres from the front lot Jine and 2 metres from the interior side Jot line.; and, 3. That the appropriate building permit be obtained from the Township's Chief BuiJding 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." AdditionaJ information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, ] 48 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Ad"! ',..< h~j.-., .) ) Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 Walentyna Mas/iwec A-33/03 2 Bassarab Place, Concession 11, Plan 1464, Lot 44 (Oro) THE PROPOSAL The applicant has applied to request relief from Section 5.1.3, Permitted locations for detached accessory buildings, to permit a garage to be located in the front yard approximately 8.5 metres (28 feet) from the front lot line and 2 metres (6.5 feet) from the interior side lot line. The proposed garage will replace the existing garage and shed. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Hawkestone Residential Zoning By-law 97-95 - Residential One with Holding Provision (R1 (H)) 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 garage would be required to meet minimum setbacks to the septic system. Fire Department PLANNING FRAMEWORK Background The applicants lot has a street frontage of about 32 metres (105 feet), a depth of 45.72 metres (150 feet) and a lot area of 1463.17 m2 (15,750 feet\ The existing cottage has an area of 80.26 metres2 (864 feet2) and the existing garage and shed have an area of 41.53 metres2 (447feet2) combined. It is the ap,plicants' intent to demolish the existing garage and shed to be replaced by a 70 metre2 (750 feet) detached garage. The new detached garage will be located approximately 8.5 metres (28 feet) from the front lot line and 2 metres (6.5 feet) from the interior side lot line. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Hawkestone Residential. The primary function of the Hawkestone Area designation is to promote the consolidation of residential development on full municipal services in the Hawkestone area, and to improve existing infrastructure in the area. The proposed variance, which would permit the construction of a detached garage, is in keeping with the intent of the Official Plan. \~b -5'd- Does the variance conform with the general intent of the Zoning By-law? One of the purposes of maintaining minimum front yards setbacks is to maintain and protect the residential character of a single detached residential community. However, it is also the intent of the By-law to permit accessory uses that are reasonable and incidental to a residential use. Given that the applicant does not currently have a garage, the proposed variance is considered to conf~rm with the spirit and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Based on a site inspection of the proposed location for the detached garage, it should not detract from the character of the lot or the surrounding neighbourhood. The layout of the site with the dwelling pushed to the rear of the lot, the driveway location, and location of the tile field restrict locations for the proposed garage to the front yard. It has also been noted that a number of trees will be removed to construct the garage. On this basis, the subject variance should provide for the appropriate and desirable development of the lot. Is the variance minor? On the basis that the proposal is reasonable and should not adversely affect the character of the residential 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-33/03, 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 for the new detached garage shall be 8.5 metres from the front lot line and 2 metres from the interior side lot line.; 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, ~~~ Andy Karaiskakis Junior Planner Reviewed by, Wesley Crown MCIP, RPP Senior Planner Meridian Planning Consultants t..R TIES WI RIBBON BD. o 1.0 o r<) FRAME WALL 0 0 )ET1>JLS 0 I'-- 11 000 3052 :;RETE BLOCK r{) ) mATI ON WALL ~ED :;RETE nNG 0 0 r<) I'-- EXISTING WOOD DECK TO REMAIN EXISTING GARAGE TO BE DEMOLISHED (8230 X 4200) 90 PROPOSED WOOD FRAME GARAGE (8230 X 4200) EXISTING WOOD SH TO BE DEMOLISHED (2450 X 2000) .-- I I - ~ ,..., ID C\ N , - - 32m (108'-oj SITE PLAN, SCALE 1 :200 WOODED LOT -~ \. - - I~b-~ PAGE:# 2 APPLICATION B-31/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Allan Johnson, seconded by Joe Charles "That the Committee hereby Grant Consent Application B-31103 subject to the following list of conditions: 1. That the eastern portion of Part 32 of Reference Plan 51R-28451 be merged in title with the applicant's shoreline lot and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands and the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced (Lot 1, Plan 1561 and Part 31,51 R-28451) wi]} merge in title; 2. That three copies of a Reference Plan in addition with two digital copies of the same for the subject lands identifying the lands subject to this transfer be prepared by an Ontario Land Surveyor and submitted to the Secretary-Treasurer; 3. That the conveyance is subject to an easement in favour of the Township; 4. 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; and, 5. That the conditions of consent imposed by the Committee be fulfi}}ed within one year from the date of the giving of this notice as noted below. .. ...Carried." \1\1-._ K 0" ) v Township of Oro-Medonte Committee of Adjustment Planning Report for October 16, 2003 Ted Bertram B31/03 7 Georgina Drive, Part of the West Half of Lot 1, Concession 1 (Oro) THE PROPOSAL The applicant has applied for consent for a technical severance to convey a strip of land from his existing residential lot to an adjoining vacant lot also owned by the applicant. The configuration of the 2 lots subject to this application could be characterized as an axe, with the handle representing the applicant's existing lot and the blade representing the applicant's vacant lot (see attached sketch). The applicant's current lot (the handle) is comprised of his original shoreline lot as well as portions of the former road allowance and rail line, both of which have been stopped up and closed. As well the applicant's vacant lot (the blade), known as Lot 11, Plan 1561 is comprised of the original lot as well as a remnant strip of the rail line which was left over when a substantial portion of the rail line was converted to a public road. This strip of land is 5.2 metres (17 feet) in width and 73.7 metres (242 feet) in length. This strip is located at the south limit of Lot 11. The intent of this application is to sever and convey a portion of this strip from the vacant lot to the applicant's residential lot. The proposed severance has been requested to remedy some minor non-structural encroachments on the strip. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - The former rail line is not located in a zone category. Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works and Roads Building Department- Fire Department PLANNING DEPARTMENT Background The purpose of this application is to facilitate the transfer of a portion of land having an area of about 185.8 m2 (2,000 fe) to an existing shoreline residential lot. If the application is approved the receiving lot would increase in lot area to 3,092.8 m2 (33.291 ft2), whereas the lot subject to the application would be reduced in area to 2,394.2 m2 (25,771 fe). OFFICIAL PLAN The proposed consent is technical in nature and will not compromise the policies of the Official Plan. ZONING BY-LAW 97-95 If Committee approves the application, the boundary adjustment would not create any new area of non-compliance with By-law 97-95. Although the lands subject to transfer are not currently within a zoning category, this does not pose a concern given that the lands are subject to an easement in favour of the Township which prevents development from occurring on the subject lands. RECOMMENDATION It is recommended that Committee grant application B31/03 subject to the following conditions: 1. That the eastern portion of Part 32 of Reference Plan 51 R-28451 be merged in title with the applicant's shoreline lot and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands and the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced (Lot 1, Plan 1561 and Part 31, 51 R-28451) will merge in title; 2. That three copies of a Reference Plan identifying the lands subject to this transfer be prepared by an Ontario Land Surveyor and submitted to the Secretary-Treasurer; 3. 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; 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, k~~---L ~ Chris D. Jones, MCIP, RPP Senior Planner Meridian Planning Consultants ----.. UfiAir------- IJ.I > - gi a: tC ~j :;81 . (') Qj n-t! .. ,~ o~ ~J ~ :j r' t. #.1-! !i u -"-- ..-,-.. .........--..- ~!t~~~~A5.r a 1. Pi.;?, le:r; II I I I~ ,i:J I 1 {I ( i t.o:' 1ij. \ ,\ \ '\. \~ ., ..... 1.> ". ,<, \~h- 01 e: .. ~ r-co. ,~ ~"B1 ...- ,,!1'- r,,;.,.... , Ii-I . .~, ;.. ..tI .It JjII... ......".. ".- t...: I \,.1 NEf .I/O QQ.g44J4 -- , J ilf/1 "'TI II!'\/I'" - 1'!..r;"I5~\"~\~g,o ...;,~~:::\-o fII /iIjJ..... ...... 1', c . . . :t ~~ t ~ "i'- . y, ..../';i: " .' ./ -~ :.. ~ .~ , r r"' ~,' ~ . r~ r .~. v- .. .., \" "f f 1"", J ....' " yo. I . . ... ~,' '. C. I ' ,~I , '. ~ /, -j ';>K:,.!]\.~.:;j &r-' Wj) o \ ~}h- PAGE#2 APPLICATION A-36/03 I COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Joe Charles, seconded by A11an Johnson "That the Committee hereby Deny Minor Variance Application A-36/03 as it does not conform with the policies set out by the Township of Oro-Medonte. ... ..Carried." Note: The County of Simcoe has a by-law that inc1udes setbacks for structures and buildings from County Roads Additional information regarding this AppJication 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 October 16, 2003 Greg and. Nadia Bell A36/03 2831 Ridge Road West, Part Lot 2, Concession 2 (Oro) THE PROPOSAL The applicant has requested the following relief to with respect to a proposed permit for the construction of a boathouse: Permitted Proposed Maximum Height Accessory residential unit (with kitchen and washroom facilities) 4.5 metres 11.01 metres No Yes, in 91.1 sq.m. first floor MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 30-77 - Shoreline (SR) Zone (at building site) Previous Applications - none AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works Building Department Fire Department PLANNING FRAMEWORK Background The subject property has a road frontage of 105.48 metres, a water frontage of 108.5 metres, and a lot area of 3.91 hectares (9.66 acres). The lands currently support one vacant and abandoned structure. This structure is described as a second dwelling unit within the application and is described as containing washroom and kitchen facilities. Evidence of the washroom facilities was visible, but no evidence of kitchen facilities was found. The main dwelling was demolished approximately two years ago. The owner is proposing to submit building permit applications for a dwelling with a gJ.a. of about 624.89 m2 (6,727 fe), and a boathouse with a gJ.a of 151.13 m2 (1,627 ft2) and a total floor area of 242.23 sq.m. (2,672 sq. ft.). The boathouse will have a maximum height, calculated from the high water mark, of 11.01 metres and is proposed to include a 91.1 sq.m. dwelling unit on the first floor. The owner's agent indicates the unit will be used for "personal use only" and will not be rented or leased, or likely to be rented or leased. Two rather separate and distinct requests are being with this application. As such, each request will be evaluated separately in accordance with the provisions of Section 45 (1) of the Planning Act. MAXIMUM HEIGHT OF BOA THOUSE I " Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline. The primary function of the Shoreline designation is to protect the character of the shoreline residential area. Permitted uses in the Shoreline designation primarily include residential uses as well as accessory uses. Section 010.7 of the Official Plan directs that the Zoning By-law shall include provisions that restrict the size and location of boathouses on a lot. The O.P. does not contain policies with respect to the design issues or concerns around boathouse heights or respecting accessory residential uses within boathouses. The application therefore would not offend any policy contained in the Official Plan. Does the variance conform to the general intent of the Zoning By-law? One of the purposes of regulating the location and height of boathouses in the Shoreline Residential (SR) Zone is to prevent over-development of the shoreline frontage which may lead to the frontage being dominated by boathouse structures and ultimately impacting the character of the shoreline. Section 5.6 of By-law 95-97 establishes setback, height, percentage of frontage, and use regulations for boathouses. The By-law specifically excludes boathouses from the total lot coverage provisions for accessory structures and does not establish a maximum floor area or ground floor area for boathouses. The proposed boathouse meets the locational (setback) provisions of the by-law and the percentage of water frontage occupied by the structure.! The proposed boathouse will exceed the maximum height standard by 6.51 metres. Boathouse height is calculated not from the average finished grade (as it is with all other structures in the Township) but from the average high water mark. The intent of this provision is to ensure that the boathouse remains secondary to the dwelling on the site, does not dominate the shoreline elevations, and does not negatively impact views from adjacent development. This is particularly so in areas of the Township characterized by small lots and narrow shoreline frontages. Based on a site inspection, it is noted that the subject lot is large and is completely buffered from Ridge Road due to the depth and wooded nature of the lot. It is also noted that the subject lot appears to form part of a historic and redeveloping "estate" area. Moreover, the significant steep slopes from the waters edge to the "plateau" of the lot create a rather unique building location for the boathouse. The boathouse, proposed to be constructed from the shoreline and into the shoreline bank, will as a result have a lower height than the proposed home, including the turret and flag pole. The owner's agent submitted a shoreline elevation drawing that clearly shows the relationship between the proposed boathouse and dwelling. The proposed boathouse will remain, visually, secondary to the dwelling, will not dominate the shoreline, and will not impact the potential views from adjacent lands. On this basis the variance is deemed to conform to the general intent of the Zoning by-law. Is the variance appropriate for the desirable development of the lot? Given the size of the lots shoreline frontage in relation to the proposed boathouse and in recognition of the unique location for the boathouse "into the bank" of the shoreline, the proposed boathouse height will not result in the over-development of the subject lot or the shoreline. In 2 \ d-b - ~ \ addition the proposed boathouse will match the design style of the proposed home and will be generally consistent with the nature of estate style development in this area of the Oro-Medonte shoreline. On this basis the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? As Committee is aware, "minor" is not determined on a mathematical basis. Although the requested relief represents more than a doubling of the by-law standard, in recognition of the unique site conditions and configuration, it can deemed to be minor on this basis. CONCLUSIONS RESPECTING HEIGHT RELIEF 1. It is my opinion that the requested variance satisfies the 4 tests of Section 45 (1) of the Planning Act. ' ACCESSORY RESIDENTIAL DWELLING IN BOA THO USE Does the variance conform to the general intent of the Official Plan? The primary. function of the Shoreline designation, as indicated above, is to protect the character of the shoreline residential area. Permitted uses in the Shoreline designation primarily include residential uses as well as accessory uses. The Official Plan is generally silent on the issue of secondary residential units of any kind (in-law apartments, attached apartments, granny flats, etc.). As such, the application would not offend any specific policy contained in the Official Plan and can therefore be considered to generally conform to the Official Plan. Does the variance conform to the general intent of the Zoning By-law? Section 5.6 d) of By-law 95-97 states that human habitation is not permitted and washroom and kitchen facilities are not permitted. In the absence of policy guidance in the Official Plan, the proposed additional unit should be evaluated on several basic planning principles that will help in determining the requests compliance with the general intent of the Zoning By-law. These principles are; will the land use generate conflicts with neighboring uses, Will the land use change the character of the neighbourhood, Will the land use establish a precedent, and Will the land use create environmental impacts? The analysis is provided below. Accessory dwelling units have the potential to impact adjacent uses. Additional traffic, noise, exterior lighting, cooking smells and odours, all can impact neighouring residential uses. With smaller lots and closer proximity of uses the potential impact is increased. Reported above, this area of the shoreline is characterized by large estate style lots and as a function of the lot sizes the development provides considerable buffer areas between the homes. As a result, the potential for land use impacts from a second dwelling unit are very low in this case. It is unlikely that he boathouse will not change in style or design if a dwelling unit is not permitted. Visually the additional dwelling unit will not change the character of the area. The subject property, at one time, supported a main dwelling and a second unit which acted as a sleeping cabin or "bunky". From the site inspection it appeared as if no kitchen facilities were provided with the unit. A new dwelling unit provided within the boathouse, but with only a washroom facility, would not change the character of the area from what previously existed and would be consistent with the nature of shoreline development in this area of Ontario. The lands did support two dwelling units in some form and configuration. It is my position that the second unit on this site was (and could still be considered) a sleeping cabin provided with a small 3 i 1'\ -\P~ washroom facility. Demolishing this unit and providing a "sleeping cabin" within the boathouse would not be establishing a precedent for the Township, unless the same facts situation exists on another lot. It is not clear from the application if the boathouse would be provided with a separate well and sewage system or be connected to and serviced by one well and septic system servicing the dwelling., The development of a separate sewage system for the boathouse would require more land area and the removal of more mature trees from the site. This could create an environmental impact and as such, if approved, the boathouse should be required to be serviced from the same systems (well and septic system) servicing the proposed dwelling. On the basis of a "sleeping cabin", the requested relief is deemed to conform to the general intent of the Zoning by-law. Is the variance appropriate for the desirable development of the lot? Given the size of the lot and it's considerable shoreline frontage and the estate character of the site and the proposed home, the development of a "sleeping cabin" unit in the boathouse is appropriate to the site. It may even be possible to argue that the property, based on its past use, has a right to the reconstruction, replacement, and expansion of the existing "sleeping cabin". It is my opinion that the demolition of this , structure and the inclusion of the "sleeping cabin" use within the proposed boathouse is more appropriate for the desirable development of the lot. Is the variance minor? In recognition of the historical use of the site for a main dwelling and an accessory dwelling unit, the variance can be considered minor. CONCLUSIONS RESPECTING HEIGHT RELIEF 2. It is my opinion that the requested variance to permit a "sleeping cabin' use, excluding any kitchen or cooking facilities, satisfies the 4 tests of Section 45 (1) of the Planning Act. RECOMMENDATIONS It is recommended that Committee grant minor variance A36/03, stipulating the following conditions: 1. That the maximum height of the proposed boathouse not exceed 11.1 metres and that the location of the boathouse be in substantial conformity with the site plan submitted with the application. 2. That a "sleeping cabin" use shall be permitted on the first floor of the boathouse, including washroom facilities but excluding kitchen or cooking facilities of any kind. 3. That the boathouse be serviced from the same systems (well and septic system) servicing the proposed dwelling. 4 \) 4. 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. I All of which is respectfully submitted, Wesley R. Crown, MCIP, RPP Senior Planner Meridian Planning Consultants 5 \ J '--T t~ ~~ Q G '" IL c ~: i 'I' . Ii ?i I i I, Ii I"' Q~ ,I ~ I' . , Iii!. !lli I .' j L~ !I, 'illl II" 'I!:! i~~~ I! 1 I II I,.. ", . !II II! .,; II ~ Ii '.11' 1:11 ~ . ~ 1 ; " I " ''1 I, ... J 'I:' nil I! 1'1 I ~ i i S ~ ... I,,' ., ,I, i 1 , d ~ '" w I ::J! ~i -- r f \ \....-- i TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2003-19 Council Andv Karaiskakis Subject: Department: Council Planning C.ofW. Committee of Adjustment Special Meeting Decisions I from October 29, 2003 Date: October 29,2003 Motion # R.M. File No. Date: C11 12450 , ACKGROUNDJANAL YSIS: Attached is the Planning Report and Committee of Adjustment Decision for the Consent application that had a decision at the Committee of Adjustment Special Meeting held on October 29, 2003. The last date for receiving an appeal to the above noted decision is Tuesday November 18, 2003. Consent Application B-38/03 Indian Park Association Blocks A, B, D, & E, Registered Plans 51M-8, 51M- 9, 51M-30, and 51M-31 (Ora) p \ ~( - :J 1. THAT this report and the Committee of Adjustment Decision for October 29,2003 be received. Respectfully submitted, ~~d~~~ Junior Planner C.A.O. Comments: Date: C.A.O. Dept. Head PAGE #2 APPLICATION B-38/03 COMMITTEE OF ADJUSTMENT DECISION \ C-') BE IT RESOLVED that: Moved by Joe Charles, seconded by Allan Johnson , : "That the Committee hereby Grant Consent Application B-38/03 subject to the following list of conditions: 1. That all municipal taxes be paid to the Township of Oro-Medonte; 2. That three copies of a draft Reference Plan, along with a digital copy, be submitted to the Township for approval prior to registration; 3. That the severed lands be appropriately rezoned; 4. That the four plans of subdivision be "deemed" pursuant to Section 50 (4) of the Planning Act and the Secretary-Treasurer be advised that the "deeming" by-law has been registered on title of the lands in accordance with Section 50(28) of the Planning Act; 5. That the provisions of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving t~e parcel of land subject of this consent and the applicants solicitor provide an undertaking in a form acceptable to the Township that the severed parcels will merge in title with the abutting lots in accordance with the Committee's decision; 6. That the Secretary-Treasurer be advised by the Roads Department that all works required as a result of the approval have been completed; and, 7. 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 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. 'dC-l Township of Oro-Medonte Committee of Adjustment Planning Report for October 29th, 2003 Owner/Applicant: Indian Park Association B-38/03 Blocks A. B, D, & E, Registered Plans 51M-8, 51M-9, 51M-30, and 51M-31 (Ora) . . ' THE PROPOSAL The owner has applied for consent to permit a series of lot enhancement severances from Blocks A. B, D, & E, Registered Plans 51M-8, 51M-9, 51M-30, and 51M-31 whereby lands would be merged in title with the adjacent residential lots. No new building lots would be created. A total of approximately 157 parcels are proposed to be created and merged with the abutting residential lots, some subject to rights-of-way to recognize existing driveway configurations. A number of lot owners within the plans are not participating in this application. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Road Special Policy Area - Residential, and within the Sugarbush Settlement Node, and also within the Groundwater Recharge Area overlay designation Zoning By-law 97-95 - Residential One Exception One Hundred and thirteen (R1*113) Zone and Private Recreation Exception One hundred and fourteen (PR*114) Previous Applications - None. AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department- Fire Department PLANNING DEPARTMENT Background Originally developed as a seasonal residential community, the Sugarbush subdivisions were approved and registered in 1974 (Plans 51M-8 and 51M-9) and 1975 (Plans 51M-30 and 51M- 31). The development concept for the subdivisions was originally based on a seasonal residential community organized around communal lands owned and maintained by the resident's organization, the Indian Park Association (IPA - the applicant). As can be seen on attachments #1 and #2, IPA owned and continues to own all the lands around, behind, and between the residential lots and the public roadways. Not one of the 157 lots within the four registered plans of subdivision have access to or direct frontage on the roadways within the plans. Driveway 1 \~(-s accesses and other "line" services to the individual lots are provided by single or shared driveways across the IPA lands. Over time, the Sugarbush community changed from its season residential concept to one of permanent residential dwellings and uses. In addition, as services were provided or assumed and provided by the Township (road maintenance, water supply, Qarbage collection, etc.), new I purchasers within the development elected not tOI participate .in th~ IPA and paying its annual membership fees. This unique set of both spatial (the layout of the lands) and organizational (IPA responsible for land maintenance but with a declining membership) circumstances has resulted in a number of ownership and maintenance issues for the IPA, the Township, and the abutting lot owners. When drainage issues arose, it was unclear as to who was responsible and who should pay for the required changes. Disputes arose over driveway or landscaping structure locations with no clear understanding of who could resolve them. In addition, the legal and planning questions concerning access to a public roadway, maintenance, whether easements for all utility purposes were required, and similar others. issues have remained unanswered. In recognition of this situation and circumstance, the IPA approached the Township with respect to facilitating the resolution of the problem by developing a comprehensive plan for the severance of portions of the IPA lands and the addition of these parcels to the individual lots within the Sugarbush subdivisions. Township Of Oro-Medonte Official Plan The Horseshoe Valley Road Special Policy Area and its Residential designation, and also the Groundwater Recharge Area overlay designation policies of the Oro-Medonte Official Plan are silent with respect to the issue of boundary adjustments and/or lot additions. In the absence of specific policies relating to the application, Committee should consider the overall objectives of the Special Policy Area designation: . To promote the consolidation of residential, commercial and institutional development in existing nodes. . To ensure that new development in the existing development nodes is planned in a comprehensive basis . To ensure that improvements to Horseshoe Valley Road area undertaken as a condition of new development. . To ensure that new development outside of the development nodes respects the character of the area and the function of Horseshoe Valley Road. . To maintain a clear separation between development nodes on Horseshoe Valley Road. . To ensure that all new development is sensitive to the natural heritage features and rural character of the area. Zoning By-Law 97-95 The IPA lands are currently zoned (PR*114) and the individual lots within the four plans are zoned (R 1 *113). No new building lots are proposed. There would be no situations of non- compliance created by the proposed lot enhancement consents. There is some question with 2 c- respect to the current compliance of the existing lots with the provisions of Section 5.10 Frontage on Public Street of the By~law. The proposed lot enhancement consents would ensure that the lots have frontage and direct access to a public street and as such would address this compliance issue. ,The individual lot enhancement parcels should be rezot1ed to the '(R1*113) zone in order that I I ., I"" ' , . 'i appropriate zoning provisions can be put in place to regulate the future use and development of the lands. ANALYSIS The Official Plan is silent with respect to "lot enhancement" consents within the Sugarbush development. The Plan does however set as an objective for the area the need to ensure that all new development is planned in a comprehensive manner. The current application is addressi~g the access issues within the Sugarbush subdivisions for all the lots within the plans in a comprehensive manner rather than on a lot-by-Iot basis. Low density residential development is recognized and permitted by the Official Plan in this area and the subject application would support the continued lo~-density residential nature of the development. As such the application would generally conform to the Official Plan. The application appears to be a comprehensive and reasonable request for a series of lot enhancement consents, would provide a permanent resolution to the ownership and access issues regarding the individual fee simple lots, and would not compromise the character of the existing development with the Sugarbush subdivisions. As Committee can surmise, the current application is 'extremely complex as a result of the number of landowners involved. The principles used to establish the lot enhancement parcels was fairly simple, but getting participation and agreement from all the affected landowners has been difficult to say the least. In recognition of the complexity of the proposal, a number of additions considerations and issues are addressed below. Why has the Township been involved? The Township became involved at the request of the IPA to act as a neutral and objective stakeholder to "facilitate" the development of a comprehensive plan for the lot enhancement consents. In addition to the Township's ability to facilitate the process, Council was able to reduce the Planning application fees. Individual applications for consent for all the lots within the four plans would have resulted in total fees exceeding $140,000.00. By coordinating the process, substantial reductions in the survey and legal costs have and will also be achieved. The "public good" will be served by the application and as such it was logical for the Township to facilitate the process. What additional role will the Township play in the application? A limited number of driveways, culverts, and other structures may be required to be relocated for the comprehensive plan to work. The Township will be doing this work in order to ensure that adequate access is maintained to all the lots and long term maintenance of these lands can occur in an efficient manner. 3 \ ~ c- -\ What if all the land owners are not happy with the proposed enhancement configurations? This is a difficult issue in that despite numerous meetings and considerable time invested, some land owners may still not be fully satisfied with the proposed layout of the enhancement consents. While the Township has facilitated this process, the application remains a proposal between two private landowners within the Township. If a landowner is not happy with the configuration of the lot enhancement parcel intended to be conveyed to them, they are under no obligation to accept these lands and conversely the IPA is under no obligation to sell the lands in this case. If this occurs,the ownership, maintenance, and access issues identified earlier in this report will remain unresolved. This is to no ones benefit. The Committee should consider the general concept of the application and the principles on which the configurations have been determined. Owners who are not satisfied with the proposals have several options available to them, including the refusal of the conveyance. CONCLUSIONS I support the approval of Application No. 838/03 as conforming generally to the Township Official Plan and. it is my planning opinion that the application represents proper and orderly development. RECOMMENDATION It is recommended that Committee approve consent application 8-38/03 subject to the following conditions: 1. That all municipal taxes be paid to the Township of Oro-Medonte; 2. That three copies of the draft reference plans be submitted to the Township for approval prior to registration; 3. That the severed lands be appropriately rezoned; 4. That the four plans of subdivision be "deemed" pursuant to Section 50 (4) of the Planning Act and the Secretary/Treasurer be advised that the "deeming" by-law has been registered on title of the lands in accordance with Section 50 (28) of the Planning Act; 5. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parcel of land subject of this consent and the applicants solicitor provide an undertaking in a form acceptable to the Township that the severed parcels will merge in title with the abutting lots in accordance with Committee's decision; 6. That the Secretary/Treasurer be advised by the Roads Department that all works required as a result of the approval have been completed and, 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the granting of the consent (or date of the notice as the case may be). 4 \ JC~~ W ley Crown MCIP. RPP Se ior Planner Me 'dian Planning Consultants 5 #/ Sugarbush Subdivisions \ dC-~ · IPA Lands . Me ers 460 690 920 . . TOWNSHIP OF OR6-MEDO't~TE Report DEPARTMENT REPORT TO: PREPARED BY: Fire Reoort # 2003-13 Members of Council Paul Eenhoorn. Fire Chief SUBJECT: DEPARTMENT: , Council Monthly Fire Report Fire and Emergency Services C. of W. For September, 2003 Motion # DATE: October 23, 2003 Date Date Station Time Type location Damage 2003/09/01 Hawkestone 16:01 :00 Cuts, Abrasions 25 Owen Road 2003/09/01 Shanty Bay 12:37:27 Vehicle Accident Highway 11 SIB 2003/09/01 Moonstone 14:38:29 Vehicle Extrication Highway 400 SIB 2003/09/02 Hawkestone 20:13:17 Overheat - Vehicle - Line 8 South Electrical 2003/09/02 Hawkestone 22:35:46 Fire - Open Land 96 Line 11 South (Liaht Ground 2003/09/03 Shanty Bay 18:19:27 Dead on Arrival 320 Shanty Bay Road 2003/09/04 Horseshoe 9:52:38 Call Cancelled on 90 Highland Drive Route 2003/09/05 Rugby 20:28:24 Power Lines Down, 2088 Line 12 North Arcina 2003/09/05 Warminster 7:45:36 I Asphyxia, 9008 Highway 12 Resoiratorv Condition 2003/09/05 Hawkestone 22:02:54 Heart Attack, CPR Line 8 South 2003/09/06 Shanty Bay 10:42:50 Power Lines Down, 5/6 Side Road Arcina 2003/09/06 Moonstone 1:16:45 Vehicle Accident 6106 Line 3 North 2003/09/07 Hawkestone 12:21 :02 Asphyxia, 133 Line 8 North Respiratorv Condition Thursday, October 23, 20fJ3 Page 1 of3 (iy-J IJ \ I J \l \ ' \. f~d-~ Date Station Time Type Location Damage 2003/09/08 Shanty Bay 15:49:59 Alarm Equipment - 239 Line 4 South Malfunction 2003/09/08 Rugby 4:04:58 Asphyxia, 2 Maple ,Cr, Respiratorv Condition 2003/09(09 ' Horseshoe 18:12:01 Fire - Open Land Horseshoe Valley Rd. (LiQht Ground 2003/09/09 Warminster 13:18:31 Water Rescue 52 Ward Ave. 2003/09/09 Shanty Bay 9:42:40 Asphyxia, 623 Line 4 South Respiratorv Condition 2003/09/10 Shanty Bay 13:09:30 Unauthorized 2912 Highway 11 Controlled Burnina South 2003/09/11 Horseshoe 10:52:54 Asphyxia, 1101 Horseshoe Resoiratorv Condition Vallev Inn 2003/09/13 Hawkestone 18:40:01 Person Fainted, 38 Shoreline Drive Nausea 2003/09/13 Moonstone 15:07:25 Fire - Open Land 202 Warminster S.R. (LiQht Ground 2003/09/13 Hawkestone 15:53:19 Asphyxia, Line 10 South Respiratorv Condition 2003/09/13 ' Hawkestone 0:40:50 Alarm Equipment- 148 Mill Street Malfunction 2003/09/13 Warminster 20:21:21 Asphyxia, 52 Ward Ave. Resoiratorv Condition 2003/09/15 Rugby 8:00:36 Asphyxia, 34 Cameron Drive Respiratorv Condition 2003/09/15 Hawkestone 5:38:12 Heart Attack, CPR 15 Shoreline Drive 2003/09/17 Shanty Bay 21:01:21 Human - Perceived 22 Lakeview Emeraencv 2003/09/19 Warminster 10:56:01 Alarm Equipment- 9832 Highway 12 Malfunction West 2003/09/20 Shanty Bay 18:05:34 Cuts, Abrasions 775 Highway 93 2003/09/21 Rugby 22: 17:03 Dead on Arrival 1004 Line 14 North 2003/09/22 Rugby 14:23:39 Vehicle Extrication Bass Lake Side Road 2003/09/22 Hawkestone 13:57: 15 Unauthorized 147 Line 9 South Controlled Burnina 2003/09/22 Hawkestone 11 :53:57 Person Fainted, 6 Blackman Cres. Nausea 2003/09/23 Hawkestone 13:22:25 Vehicle Accident Line 8 South 2003/09/23 Moonstone 9:51 :09 Alarm Equipment- 24 Mt. St. Louis Rd. Accidental W. 2003/09/23 Moonstone 11:29:12 Person Fainted, 6139 Line 6 North Nausea 2003/09/23 Horseshoe 9:27:22 Call Cancelled on Horseshoe Valley Rd. --- ..1..-..__ -- Route .---------.-.---- -~ Thursday, October 23, 2003 Page 2 of 3 Date Station Time Type Location Damage 2003/09/24 Horseshoe 7:12:01 Asphyxia, 7 Mowhawk Heights Respiratorv Condition 2003/09/24 Hawkestone 21 :46:33 Asphyxia, Heidi's Campground Respiratorv Condition 2003/09/25 Hawke'stone. 15:16:31 Vehicle Accident Stanley Ave. 2003/09/29 Warminster ' 11 :05:02 Vehicle Accident Highway 12 2003/09/29 Rugby 16:25:42 Asphyxia, 26 Cameron Drive ResDiratorv Condition 2003/09/30 Shanty Bay 5:26:53 Vehicle Accident Highway 11 South Structure and Vehicle Fire Dollar Value Lost $0.00 Dollar Value Saved $0.00 Medical Calls 2003 20 2002 12 Thursday. October 23. 2003 Page 3 of 3 Monthlv Fire Report for September, 2003 Trainin~ Sessions Station #1 Station #2 Station #5 Shanty Bay Hawkestone Warminster 2 2 2 Station #3 Station #4- Station #6 Horseshoe Rugby Moonstone 2 2 2 Inspection Record for the Month (including Fire Prevention / Public Education) Commercial 1 Residential I Bed & Breakfast 2 Industrial Schools / Assembly / Church Wood stove 13 Daycare / Camps I Hall Tours 1 Comments or Recommendations bv Fire Chief and/or Deputy Fire Chief Extra trainin~ / Seminars and Events Attended Chiefs Meeting CEMC Meeting Barrie Fire Meeting (regarding new dispatching I system) DNR Meeting Trainer Facilitators Meeting Respectfully submitted, ~/~'l , .// ~ ./.. ~ ~~Ht~~ Paul Eenhoorn, Fire Chief C.A.O. COMMENTS: DATE: C.A.O. DEPT. HEAD '~e-\ TOWNSHIP OF ORO-MEDONTE TO: Jennifer Zielenewski C.A.O. FROM: Paul Gravelle, Treasurer c.c. DATE: October 20. 2003 R.M. FILE NO. SUBJECT: AMTCO resolution regarding plan of subdivisions In regards to the resolution of the Association of Municipal Tax Collectors of Ontario relating to the apportionment of values to individual lots within a plan of subdivision and the creation of roll numbers for these individual lots, I would recommend the Township of Oro-Medonte endorse the resolution. The time lag from the date a plan of subdivision is registered to roll numbers being assigned for the individual lots causes the following problems: tax certificates having to be issued for the whole of the original property rather than the individual lot a delay in processing of sales of the individual lots data entry into the property management system of building permit data is delayed A plan of subdivision can be registered early in the current year or even late in the prior year subsequent to the cut-off for the current year's assessment roll. The municipality will not derive . additional tax revenue from the enhanced value of the individual lots until the subsequent year's /11 '"2> assessment roB is released. ~ iJ () j SO? <S ctf~~~ . C~~ ~~ '~'2 -~, TO MUNICIPAL CLERKS OCT 1 8 2003 ORa-AtE/) !~~~ At the 36th Annual Business Meeting and Professional Development Conference of the Association of Municipal Tax Collectors of Ontario held on Tuesday, September 9, 2003, the following resolution was passed: THE ASSOCIATION OF October 6, 2003 , ' Moved by Janet Andersen, Town of Whitby and Seconded by Tim Dwyre, City of Os haw a: WHEREAS the Assessment Act, Section 19( 1) requires the Municipal Property Assessment Corporation (MP AC) to assess properties at current value. AND WHEREAS the registration ofa plan of subdivision may change a property's current value. AND WHEREAS MP AC has established a Key Performance Indicator that MP AC will assess on the next Assessment Roll all lots and units identified on newly registered subdivision and condominium plans that have been received at MP AC by November I of the prior year. AND WHEREAS MP AC has indicated a desire to have the backlog of apportionments cleared up by November 2003 with a future goal of having all apportionments completed within six months ofthe registration of the plan. AND WHEREAS any delay in MP AC producing these apportionments creates difficulties for municipalities to create properties due to the lack of a roll number to which to apply any payments. AND WHEREAS this delay in the creation of roll numbers does not assist municipalities in providing good customer service to its property owners. AND WHEREAS for Plans registered after November I of each year and before the return ofthe Assessment Roll a municipality must file a complaint to seek a change in assessment that will recognize the appropriate value for taxation purposes. AND WHEREAS currently, MPAC does not have the legislative authority to issue a "Supplementary" or "Omitted" assessment to reflect any assessment change as a result of the registration of subdivision plans. AND WHEREAS the low assessment values cause a loss of revenue to the levying bodies that all of the other property owners must cover. THEREFORE BE IT RESOLVED THAT the Association of Municipal Tax Collectors of Ontario hereby requests the Province of Ontario to amend the legislation to allow MP AC the legislative authority to issue a "Supplementary" or "Omitted" assessment to reflect any assessment change as a result of the registration of a plan of subdivision. FURTHERMORE BE IT RESOL VED THAT this authority to issue a "Supplementary" or "Omitted" assessment be effective retroactive to the date of registration of the plan of subdivision during the two years prior to the passage of the legislation. FURTHERMORE BE IT RESOLVED THAT MP AC be required to assess and apportion all development properties in a specified timeline in order to better serve the municipalities and their customers, the property owners. AND FURTHERMORE BE IT RESOLVED THAT a copy ofthis resolution be forwarded to all member municipalities, all tax levying municipalities' and the Municipal Property Assessment Corporation for support. CARRIED Yours truly, ~ Tony Derro, Secretary . \d - \ 'TOWNSHIP OF O,RO~MEDONTE. REPORT. Dept. Report No. To: Council Prepared By: ADM2003-049 Jennifer Zieleniewski, CAO Marilyn Pennycook, Clerk Subject: Department: Council Administration Structure and Composition of C. of W. Committees of Council Date: November 5, 2003 Motion # R.M. File No. Date: , C12013026 ACKGROUND: At the beginning of each new term of Council, appointments are made to the various Committees of Council as well as outside organizations on which the Township is represented. The composition and length of term of the "Standing Committees" of Council is established by by-law. A chart depicting the current committees (2000-2003 term), their composition and length of term (Attachment #1), as well as appointments to outside organizations (Attachment #2) is presented for consideration. The new Municipal Act 2001, in force as of January 1, 2003, defines "committee" as any advisory or oUter committee, subcommittee or similar entity of which at least 50 percent of the members are also members of one or more councils or local boards." This report takes into account the new legislation and sets out a new structure of committees for Council's consideration. II ANALYSIS: I' There are three statutes that affect the structure/composition of Township committees. The Municipal Act, S.O. 2001, c.25; The Planning Act, R.S.O. 1990, c.P.13, as amended; and The Ontarians with Disabilities Act, S.O. 2001, c.32. The Municipal Act legislation governs the Township's Committee of the Whole, however, there are three committees that are governed by alternate legislative frameworks. \~~ -~ Accessibilitv Advisory Committee The composition of the Accessibility Advisory Committee is legislated by the Ontarians with Disabilities Act which states that "A majority of the members of the committee shall include persons with disabilities." By-law 2002-099 establishes that the committee be comprised of one member of Council, three members of the public and one staff resource person. The Mayor is ex-officio on all committees of Council. .. The composition of this committee conforms to relevant legislation and no change is recommended. - Committee of Adjustment Section 44( 1) of The Planning Act, states"... the Council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable". By-law 2001-010 stipulates that The Township of Oro-Medonte Committee of Adjustment be composed of five (5) members, who are not members of the municipal Councilor employees of the municipality, but who are otherwise qualified municipal electors who are resident within the Township of Oro-Medonte. This Committee has been delegated its decision-making authority by Council and differs from other "committees" in that a Committee of Adjustment decision is final and is not presented to Council for ratification. The composition of this committee conforms to relevant legislation and no change is recommended. Planning Advisory Committee The Township's Planning Advisory Committee is legislated by The Planning Act which states "The council of a municipality may appoint a planning advisory committee composed of such persons as the council may determine". This Committee is currently comprised of three members of Council, four members of the public, and the Mayor ex-officio. This committee's recommendations are presented to Council for ratification. The composition of this committee does not presently adhere to the 50% rule of The Municipal Act. Planning has become a large component, not only of the Committee of the Whole agenda, but also of the Council agenda (public meetings). Since the composition of the committee needs to be addressed at this time, and given the volume of planning applications, and their effect on the overall length of meetings, it is suggested that the Planning Advisory Committee be restructured to include all members of Council, together with the current representation of four members of the public. It is further suggested that this Committee review all planning matters, and that the Committee be the venue far public meetings required under The Planning Act. All recommendations of the Committee would be reported to Council for ratification as is now the case. All Council members would then have an opportunity to review planning matters, in depth, as well as hear the comments and deliberations of the public members. These meetings would be held in the evening as they are currently. It is suggested that they be held on Monday evenings. The second Monday of the month would be designated for regular meetings for consideration of reports. The third Monday of the month would be designated for public meetings when required. This schedule would accommodate receipt of comments requested at the public meetings to be incorporated in staff reports. 2 \d The present composition of this committee does not conform to relevant legislation and change is recommended. The remaining committees of Council are legislated by the Municipal Act and, as such, must conform to the 50% rule. It is therefore suggested that the following definitions be ~onsidered and applied: Committee ,of Council . All members appointed by Council for the term of Council, 50% of whom are' Council members . Members vote . Recommendations of Committee are presented to Council for ratification Technical Support Group . All public members appointed by Council for a term of Council . Council Members to be appointed for a year term . Members do not vote . Comments are brought forward to Council in a staff report Ad Hoc Working Group . Members solicited from the public specific to one issue . Members do not vote . Comments are brought forward to Council in a staff report Following is a breakdown of the composition of the remaining "committees" of Council and how the above criteria would be applied. RecoQnition Committee This is a committee of Council members who are called on to bring forward recommendations for recognition of residents of Oro-Medonte. The committee is composed of four members of Council, appointed by Council, and this committee's recommendations are brought forward to Council for ratification. The composition of this committee conforms to relevant legislation and no change is recommended. Site Plan Control Committee This committee currently has two appointed members of Council, the Mayor ex-officio, the Planner, the Director of Planning/Building, the Director of Engineering and Environmental Services, the Director of Fire and Emergency Services and the Chief Administrative Officer (as necessary). Members currently do not vote and staff presents site plan reports to Council for consideration. The composition of this committee does not conform to relevant legislation and a change is recommended to the name to Site Plan Control Technical Support Group. No change in the structure/composition of the Group is recommended. 3 Recreation Advisory Committee This committee currently has three appointed members of Council, the Mayor ex-officio, five public members and a staff resource person. The mandate of the committee is to recommend policies, goals, and objectives to enable Council to ensure effective and efficient delivery of recreational services. Members vote and the committee presents recommendations to 'Council for consideration. Since the committee was formed, the Recreation Master Plan and the Secondqry Park Land Study has been completed. This document acts as a guideline with res'pect'to the delivery of services. ',', The composition of this committee dbes not conform to relevant legislation and change is recommended. It is recommended that the Recreation Advisory Committee be dissolved and that a "Recreation Technical Sl!pport Group" be formed comprised of two members of Council and three members of the public. Members would not vote, and comments would be brought forward to Council in a staff report. Trail Advisory Sub-Committee This sub-committee of the Recreation Advisory Committee currently has four public members and one staff resource person. The mandate of the committee with respect to design has been fulfilled. The mandate with respect to the operation of the trail is a joint effort between Township staff and the Ontario Federation Snowmobile Club. The OFSC and the Township execute a yearly agreement for the winter maintenance and governance of the Oro-Medonte Lake Country Trail. A policy has been established that determines the roles and responsibilities governing future partnerships. After careful consideration and given that the development of the Trail is completed it is respectfully recommended that the maintenance of the Trail be included in the Public Works day labour. And that any capital improvements to the Trail be included 'in the Recreation Departments' five year capital budget schedule. The composition of this committee does not confor,m to relevant legislation and change is recommended. It is recommended that the Trail Advisory Committee be dissolved. Oro-Medonte History Committee This Committee does not meet any of the criteria set in legislation to be termed a committee of Council. The composition of the committee is determined by its members and no member is appointed by Council to sit as a representative of the Township on this committee. Given the historical nature of this committee and its value to the community, it is recommended that the "committee" be requested to change its name to denote that it is not a committee of Council (i.e. the Oro-Medonte Historical Society). This group could then apply yearly to Council for a grant as do the Municipal Hall Boards. The Township would remain as the facilitator for sales of books, etc. - The composition of this committee does not conform to relevant legislation and change is recommended. 4 \ ~~ - 5 RECOMMENDATION (S): 1. THAT Report ADM2003-049 be received and adopted. 2. THAT By-law 2002-138, Procedural By-law, be amended to reflect the legislative requirement with respect to the composition of committees of Council as stated in The Municipal Act, S.O. 2001, 'c;25. ' 3. THAT the Site Plan Control Committee be renamed the Site Plan Control Technical Support Group. 4. THAT the Recreation Advisory Committee be renamed the Recreation Technical Support Group and the relevant by-law repealed. 5. THAT the Trail Advisory Committee be dissolved and the relevant ,by-law repealed. 6. THAT the Oro-Medonte History Committee be requested to change its name to denote that it is not a committee of Council as legislated by The Municipal Act, S.O. 2001, c.25. 7. THAT the composition and length of term of committees/technical support groups/outside organizations as recommended in Attachments 1 and 2 to Report ADM2003-049 be adopted. 8. THAT the necessary by-laws to reflect these changes be brought forward for Council's ' consideration. (;s~eCtl~~IIY sU~itte~; (' 'i1J/}~t ' . ~ ~ ~~f.nifer Zi I 'ew i ~ief Administrative Officer (n ~ :4.~ '~'-...-.- . . .' \ I // i ' . ii . · . "'---' i ! lj) , , Marilyn P~nycoOk j / Clerk v 5 Ntachment #1 to Report ADM20U,)-v'T~ - curreot Recommeoded Recommended ComfO\ttee current comoos\t\OO Term COfOpOS\t\oo Term No Change Term of counci\. No Change AccessibiliW Advisory committee "\ council Member" "\ members of toe publiC .. Stan i erm of counci\ No coange No coange committee of Adiustment 5 members of toe publiC .. -- staff {secretarylireasurer) I. 7 mefObers Qf counci\" - No coange Planning Advisor'j committee 3 members of counci\" i erm of Council {Mayor as voting member) 4 members of toe publiC" 4 members of toe publiC" - stan staff . 4 members of counci\" 'Term of Council. No Change No Change RecOgnition committee 2 members of council" Council, "\-year No c\'\ange No c\'\ange Site Plan control committee Director of Engineering and term (Site p,an contro"echnica, sopport Environmental p\anning" staff members, Group) p\anner" ongoing - Director of BUilding/P\anning" ~ Director of Fire and - EmergencY services" CAO {as necessary)" 3 members of Council" i erm of Counci\ 2 members of Council" COl:lt1cil, "\ year Recreation Advisory committee 5 members of toe pub\ic" 3 members of toe publiC" term stan (ReCreation ,echnica' sop port stan Groue) 4 members of the publiC" i erm of counci\ DissO\ve {mandate to be Dissolve 'Trail Advisory committee Mfmed bY Recreation (SUh_Committee 01 Recreation Mvisorj staff 'Technical suaport Groua) committee) .// . oenotes appointment bY cooncil. Appointed members receive remoneratlon. lIote: ,he lAayor is ex_officiO on al\ committeeS 01 cooncil. I . ., Attachment #2 to Report ADM2003-049 Outside Committees with Township Representation Current Term Recommended Term Lake Simcoe Regional Airport 2 members of Council* Term of Council. Term of Council. Commission Lake Simcoe Regional Conservation 1 member of Council* Term of Council Term of Council Authority ~~ Nottawasaga Valley Conservation 2 members of Council* Term of Council Term of Council Authority Orillia Library Board 1 member of Council* Term of Council 1 year term Orillia Soldiers Memorial Hospital Board 1 member of Council* Term of Council Term of Council Oro-Medonte Chamber of Commerce 1 member of Council* Term of Council 1 year term Oro-Medonte Community Policing 1 member of Council* 1 year term 1 year term Community Royal Victoria Hospital 1 member of Council* - Term of Council Term of Council Severn Sound Environmental 1 member of Council* Term of Council Term of Council Association - \d~ - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Council Prepared By: aD 2003-19 Kim Allen Manager BuildinQ Services Subject: Department: Council Building/Planning Administration Building I C. Of W. Roof Repair Date: October 28,2003 Motion # A.M. File No. Date: I Five roofing companies were contacted to quote on replacing the roof shingles over the kitchen and the washroom area in the existing building. The roof in this area has an intermittent leak. Two of the five companies responded to the request the other three did not respond or are not taking on any more work this year. ANAL YSIS: The following quotes were received . Brentwood Roofing $ 6,480.00 + gst . Midhurst Sheet Metal $ 5,928.00 + gst Midhurst Sheet Metal would not be able to do this job until late December at the earliest. Brentwood Roofing is available in the next two weeks to do the roof repair. Due to the unpredictable weather at this time of year the following recommendation is made. IJh-~ II RECOMMENDAT.ION (S): I' 1. THAT report aD 2003-19 be received and adopted, 2. THAT Brentwood Roofing be awarded the roof repair contract. 3. And THAT Brentwood Roofing be notified that the work must be started within two weeks. Re~pectfully submitted . , ) I ~~~ .I!UL~ Kim Allen Manager Building Services C.A.O. Comments: Date: .~.. /, . t' -'-->__,,^l .. C,X.:- LJJl~ O~(D~ /~ (' /L /..,.1/( "r{/ .' '( '1'>/ L' i:2;/ ' C.A.O. V' Dept'. Head 2 \ \ TOWNSHIP OF ORO-MEDONTE REPO,RT DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: . EES2003-56 Keith Mathieson SUBJECT: DEPARTMENT: COUNCIL: Quotes for Stand-By Power Engineering and for Municipal Water Environmental Services C. OF W.: Treatment Plants DATE: MOTION #: October 29, 2003 DATE: R. M. FILE NO.: During the 2003 Budget deliberations, Council approved the installation of stand-by power generation systems in the amount of $35,000.00 for the Canterbury Water System, $35,000.00 for the Cedarbrook Water System, $30,000.00 for the Maplewood Water System, $30,000.00 for the Medonte Hills Water System, and $35,000.00 for the Craighurst Water System. Quotes were received through R. G. Robinson and Associates Ltd. from three (3) companies to install stand-by power units for the five above-mentioned systems, along with Lake Simcoe Regional Airport and Shanty Bay. OSTAR funding was applied for and approved for all seven water systems. The results of the quotes received are as follows: ~ Wallwin Electric - $236,843.00 (including taxes) ~ Keller Electric - $278,214.00 (including taxes) ~ Mazur Electrical - $201,519.00 (including taxes). A copy of the quotation from Mazur Electrical is attached for Council's perusal. The stand-by power unit was not included in the 2003 Capital Budget for the Shanty Bay pump house. As OST AR funding has been approved in the amount of $30,000.00, it is recommended that the stand-by power generation unit be installed at this time. \ -", Attached is correspondence dated October 20,2003 from R. G. Robinson and Associates Ltd. recommending Mazur Electrical & Mechanical Contracting Ltd. be awarded the contract to install the stand-by power units at the six (6) municipal water treatment facilities, as well as Lake Simcoe Regional Airport. 1. .THAT Report #EES2003-56 be received and adopted. 2.' THAT Mazur Electrical & Mechanical Contracting Ltd. be awarded the contract to install stand-by power generation systems at Canterbury, Cedarbrook, Maplewood, Medonte Hills, Craighurst and 'Shanty Bay municipal water systems, as well as Lake Simcoe Regional Airport, in the amount of $201,519.00 (including taxes). 3. THAT Mazur Electrical & Mechanical Contracting Ltd. be awarded the contract to install security fencing in the amount of $2,500.00, per site, (including taxes). ' 4. THAT the cost of $45,743.12 (taxes included), to install a stand-by power unit and security fencing for the Shanty Bay Water System, be paid over and above the OSTAR funding from the Shanty Bay Water System Reserve Fund. 5. AND THAT the contractors be notified of Council's decision. Respe:G~:bmitted' Keith Mathieson ~~'- erG. \i0P 03~\ ;lLE No.338 10/17 '03 15:51 ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764 EP-25-2003 09: 06A FROr1: 10: 1:S'1~ (~ PAGE 26/ 38 r:c:"-=t \ ~ llMAZu~ Electrical & Mechanical Colli) dCting Ltd. September 25, 2003 R.G. Robinson and Associates (Bame) Ltd. 10 High Street Bame, Ontario Attention R. Groves, Senior Project Manager: Re: 8tanc:tby Power Generation Systefm; for Seven Watef Treatment Plant&. We are pleased to submit our quotation for the suppty and installation of materials and labour as required to complete the installation of seven Generating Systems as requested. As per Addendum #1, there will be no cost savings realiZed by eliminating Fire Pump from total load at 2 locations. Generator si2.e and capacity would not change from original total load requirements. 1. Maplewood WTP.............................. ............ .............. .......... ...... $22,895.00 2. Cedarbrook WTP .............................,................... ..... ...... ,..... ......$22.895.00 3. Lake Simcoe Regional AirportWTP........ ........... .......................... ....$22,895.00 4. Craighurst WfP..........., ........................ ........ ............................ ..$22,890;"00 5. Canterbury I/JTP............... .......................................... ........... .....$22,895.00 6. Medonte Hills WTP...... ............................,. .........,........ .........,..... $22..895.0D 7. Shanty Bay WTP......... ......... ............ .................................... ...... $37,864.00 PST......... ........... .. ........... ... ... ........................ ..................,..... .$14,018.72 GST........................ ......... ...... ....... ..... .., ......,........... ...... ...... ... $12,266.38 Total Price...... ........................... '" ...... .. .... ......... ......... '........ ...... ... ,$201,519.10 Attenuation Fencing if required adD (taxes included).................................. ...$2,50Q.OOf site Box 1, RR 1 Stayner, Ontario LOM 1$0 Phone:705 434 0999 Fax.:705434 0799 CeU: 705 623 5345 . . RG ROBINSON AND ASSOCIATES (BARRIE) LTD , . -1 Mr. K. Mathieson Director of Engineering & Environmental Services -1' owns hip of Orp-M'7donte Box .100 - 148 Line 7 South Oro, Ontario LOL 2XO October 20,2003 ~ CONSULTING ENGINEERS AND PLANNERS a ---~'._'_.__."'-'~""-- Dear Mr. Mathieson: RE: Standby Power Generator Expansions To Seven (7) Water Treatment Facilities Township of Oro-Medonte, County of Simcoe We have completed the Tender Evaluation for the Standby Power Generator Expansion for the seven (7) water treatment facilities in Oro-Medonte that closed September 25th, 2003. Reference is made to the enclosed Tender Summary regarding the three (3) tenders received and the information supplied with each tender. The three tenders were checked arithmetically 'with regard to addition and extension of the prices. Mazur Electrical & Mechanical Contracting Ltd. remains the lowest tenderer. The corrected total prices including the supply and installation of the acoustic fences at each of the facilities are as follows: 1. Mazur Electrical & Mechanical Contracting Ltd. 2. Wall win Electric Services Ltd. 3. Keller Electric Controls Inc. $219,019.10 $253,422.01 $287,520.77 Engineer's estimate for the Project $225,000.00 We can find no reason to disqualify the low bidder Mazur Electrical & Mechanical Contracting Ltd. trom being awarded this work by the Township ofOro-Medonte. Please contact this office or the undersigned if you have any questions or require any additional information. Yours truly, R. G. ROBINSON AND ASSOCIATES (BARRIE) LTD. R. Groves, Senior Project Manager MPT:ld File No. 12-02036-21 MPT04 Enclosures 10 High Street, Barrie, Ontario L4N 1Wl (705) 721-9222 Fax (705) 734-0764 engplan@rgTa.on.ca @ \~ . ~ TOWNSHIP OF ORO-MEDONTE REPORT DEPT. REPORT NO.: TO: COUNCIL PREP ARED BY: EES2003-57 Keith Mathieson SUBJECT: DEP ARTMENT: . COUNCIL: Heidi's R.V. Sales - Site Plan Engineering and Agreement - Part of the West Environmental Services C. OF W.: Y2 of Lot 20, Concession 11 (Formerly Oro), Being Part 1, DATE: MOTION #: 51 R-30235, Being all of PIN October 28, 2003 #58547-0129 (Lt), County of DATE: Simcoe R. M. FILE NO.: I L04-12016 In 2002, Mr. Urs Buechin entered into a Site Plan Agreement to construct a gravel parking lot at 1290 Hwy. #11 to store recreational vehicles. Mr. Buechin is now proposing to construct a 60' x 99' five (5) bay garage for trailer repairs on this parking lot. Mr. Buechin's application was presented to the Site Plan Committee on October 27,2003. A fenced garbage container has been added to the Site Plan and staff had no other concerns. The Ministry of Transportation has issued a Building and Land Use Permit. t RECOMMENDA TION(S): :t 1. THAT Report #EES2003-57 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Heidi's R.V. Sales to construct a five-bay garage for trailer repairs. 3. THAT a By-law be prepared for Council's consideration. 4. AND THAT Mr. Buechin be notified of Council's decision. Respe~t submitted, Ke~son ~~ c::f0 IJ ), DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2003-59 Keith Mathieson - SUBJECT: DEPARTMENT: . COUNCIL: Double R Performance - Site Engineering and Plan Agreement - PI. Lot 20, Environmental Services C. OF W.: Concession 9, Being all of PIN #58547-0045 (Lt)- DATE: MOTION #: Township of Oro-Medonte October 29, 2003 , DATE: R. M. FILE NO.: I L04-12318 TOWNSHIP OF ORO-MEDONTE REPORT Mr. Raymond Roberts of Double R Performance is proposing to construct an 80' x 125' building to store boats at 50 Line 9 North. Mr. Roberts' proposal was presented to the Site Plan Committee on September 23, 2003, at which time Committee members and staff had no concerns with the proposal. Ministry of Transportation has issued a Building and Land Use Permit. 1. THAT Report #EES2003-59 be received and adopted. 2. _THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Double R Performance to construct an 80' x 125' building for boat storage, being Pt. Lot 20, Concession 9, being all of PIN #58547-0045 (Lt), Township of Oro-Medonte. 3. THAT a By-law be prepared for Council's consideration. 4. ~D THAT Mr. and Mrs. Roberts be notified of Council's decision. R~sp~~tfully submitted, \/ ) ~ Keith Mathieson A~ V I ^ ~.~".&..... ~' ~..' ,~ t\J \JV I?-~ -I TOWNSHIP OF ORO-MEDONTE REPORT DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2003-58 Keith Mathieson SUBJECT: DEPARTMENT: . COUNCIL: Township of Oro-Medonte - Engineering and Assumption of Communal Environmental Services C. OF W.: Septic System - Country Club Lane, Horseshoe Valley DATE: MOTION #: October 30, 2003 DATE: R. M. FILE NO.: E03-7434 In 1999, the seventeen (17) residents connected to the communal septic system on Country Club Lane requested the Township to assume the sanitary sewer system. At the Regular Committee of the Whole Meeting held on May 24, 2000, Motion NO.6 was adopted by Council recommending that Report #PW2000-11 be received and adopted. A copy of Report #PW2000-11 is attached for Council's perusal. By-law No, 2003-30 was passed on April 16, 2003 imposing a sewer service rate in the amount of $315.00 per year for the homes connected to the sanitary sewers on Country Club Lane. The required Easement Agreements between the Township and Mr. and Mrs. Wittick, and the Township and Horseshoe Valley, required before the Township assumed the sanitary sewers, have now been entered into. 1. THAT Report #EES2003-58 be received and adopted. 2. AND THAT a By-law be prepared to assume the sanitary sewers and tile bed located on Country Club ,ne, as well as on Parts 1,2,3,4 and 5 on Plan 51 R-29669. ! p~~~ . ~~67 '-.'. e REPORT e f:1J -d DEPT. REPORT TO: Council PREPARED BY: I #PW2000-11 Keith Mathieson SUBJECT & FILE #: DEP ARTMENT: COUNCIL' : I I, " Public Works / Communal Septic System C.:OF W. County Club Lane ' Horseshoe M()TION # ~t? DATE: h4 ~~\(1) May 1, 2000 DA TE: At the Committee of the Whole Meeting held on December 22, 1999, Council received correspondence from Dr. Hall, requesting the Township to assume the Sanitary Sewer System servicing seventeen (17) residents on Country Club Lane. He is also asking that the Township in the upcoming budget deliberations, to consider paying the up front costs, which would be paid back through a sewer charge. The Committee of the Whole Meeting held February 23, 2000, Report No. PW2000-03 was presented to Council, at which time Council requested a third option be presented to include an interest charge on the start-up costs. For Councils' information, attached are the following: Schedule #1 The startup costs required as per recommendations from inspections completed by the Township Engineer and myself. These are the costs that are being asked by the residents to be front ended by the Township and it is assumed the residents have installed filters in their holding tanks, as requested. Scl1edule #2 Indicates three (3) options that Council could consider for setting a sewer charge rate. Schedule #3 Indicates a five-(5) year Financial Forecast. Option #2 of Schedule #2 of this report is similar to the format that was used when the Township assumed the Communal Tile Beds on the former Medonte side of Horseshoe Valley Road. As shown in the five- (5) year forecast (Schedule #3, Option 2) the system should be operating with a surplus in the third year with a sewer rate of $315. Iyear. e e 'dJ - ') RECOMMENDAT 1. THAT Council receives and adopts this report. 2. THAT Council authorizes the front end cost in order to bring the Communal Septic System at Country Club Lpne to an assumable cqnditionto the Township, at an estimated cost of $14,000.00. 3. THAT Council adopts the five-(5) year financial plan for the Communal Septic System for Country . Club Lane with a user rate of $315.00 per year per user. (Schedule 2, Option 2) 4. THAT the Clerk prepares a By-Law to impose a sewer service rate, pending receipt of easements' . from property owners. 5. THAT the Clerk prepares a By-Law to assume certain sewer services. in the Municipality pending receipt of easements from property owners. Respectfully submitted Keith Mathieson KM/lc C.A.O. COMMENTS: G() Y\.-~ DATE:Jr\d~ \<:t ~ " C.A.O. J DEPT. HEAD e e Ijj_y SCHEDULE #1 "EXPENSES" HORSESHOE VALLEY TILE BEDS (ORO SIDE) 512m Sanitary Sewer 8 Man Holes 17 Homes Hooked to System I Vacant Lot Plan of Survey costs for Easements $ 4,000. Legal Costs and Agreements *T.V. Inspection of Lines $ 1,500. $2,000. *Replace Siphon Chamber $ 2,800. Cut and Spray Tile Bed $ 200. Miscel1aneous Repairs (M.B. Steps; Posts Across Tile Bed) (M.H. Top M.H. 8) Clean out Manholes $ 3,500. START UP COSTS FOR YEAR 2000 $14,000. · Have not been able to confinTI these prices as of to- day's date. e e IJJ-S SCHEDULE #2 "OPTIONS" RESIDENTIAL SEWER CHARGES (5 YEARS) COUNTRY CLUB LANE OPTION #1 Year # 1 $14,000.00 $ 2,224.00 $16,224.00 $16,224.00 17 Cost per House Years #2 - 5 $ 2,224.00 $ 323.00 $ 2,547.00 Cost per House $ 2,547.00 17 OPTION #2 Start up Costs Reserve for Replacement Sewers & Tile Bed Total Cost Year # 1 $955.00 Year #1 Reserve for Replacement Maintenance Costs Total Cost per year = $150.00 Years #2-5 Total Start up and Maintenance Costs for Five (5) years Reserve for replacement Value for Five (5}years $15,291.00 $11,120.00 Total Cost for Five (5) years $26,411.00 Cost/House/Year $26.411.00 (5 year cost) = $5.283.00 (1 year cost) 5 17 = $315.00/year e e \?J -\.0 SCHEDULE #2 (cont'd) OPTION #3 6% Interest Charge on $14,000.00 Start-up Cost - Amortized over five (5) years CostlH ouseN ear Year #1 Year #2 to Year #5 = $327.00 $346. 00 This would result in an interest charge of$157/household over the five-(5) years. This would also have no effect on the surplus at the end of five years, as shown in the five-(5) year financial forecast shown on Sheet #4 SCHEDULE #3 FORECAST e YEAR #1 YEAR #2 YEAR #3 YEAR #4 YEAR #5 OPENING 0 $2,235. $4,462. $6,689. $8,916. BALANCE REVENUE $16,235. $2,550. $2,550. $2,550. $2,550. - EXPENSES $14,000. $ 323. - $ 323. $ 323. $ 323. ~ ~ SURPLUS/DEFICIT $ 2,235. $ 4,462. $ 6,689. $ 8,916. _ $11,143. -- OPTION #1 FIVE (5) YEAR Fll"IA1'IC1AL FORECAST e NOTE: This is a flve-(S) year estimate. The system would be reviewed each year at budget time and adjustmeuts made if necessary . l" " '. " SCRED ULE #3 (cont' d) e YEAR #1 YEAR #2 YEAR #3 YEAR #4 YEAR #5 OPENING 0 ( $8,645.) ( $3,613.) $ 1,419. $ 6,45l. BALANCE - REVENUE $ 5)55. $ 5,355. $ 5,355. $ 5,355. $ 5,355. -- EXPENSES $14,000. $ 323. $ 323. $ 323. $ 323. - SURPLUS/DEFICIT ($ 8,645.) ($ 3,613.) $1,419. $ 6,451- 511,483. OPTION #2 FIVE (5) YEAR FINANCIAL FORECAST e NOTE: This is a ftve-(5) year estimate. The system would be reviewed each year at budget time and adjustments made if necessary. ---- ~ . I I I II I I I I I I I I I t. II I! II I! II II II I' II II II IJJ-~ Motion No.4 Moved by Fountain, Seconded by Bell It is recommended that the correspondence from the Township of Severn re: Common Interest Committee, Orillia Soldier's Memorial Hospital Funding Request be received and supported. Carried. Motion No.5 Moved by Bell, Seconded by Fountain It is recommended that Report No. PW2000-20 by Keith Mathieson, Manager Public Works, re: Transfer of Abandoned Railway to Simcoe County R.O.W. at 4th Concession be received and adopted, and the appropriate By-law be brought forward for Council consideration. Carried. Motion No.6 Moved by Fountain, Seconded by Bell It is recommended that Report No. PW2000-11 by Keith Mathieson, Manager Public Works, re: Communal Septic System, Country Club Lane, Horseshoe be received and adopted, and the Public Works Manager and Clerk work in conjunction to prepare the necessary By-laws. Carried. Motion No.7 Moved by Hough, Seconded by McConnell It is recommended that Report No. PD2000-19 by Andria Leigh, Township Planner, re: Gold Mountain Springs, Correspondence Received re: Development Application P-93/99, Cone. 10, West Part of Lot 3 (Ora) be received. Carried. Motion No.8 Moved by Hough, Seconded by Craig It is recommended that we do now go In-Camera at 10:16 a.m. to discuss Potential - Land Sales. Carried. Motion No.9 Moved by Craig, Seconded by McConnell It is recommended that we do now Rise and Report from In-Camera at 10:40 a.m. Carried. 3 II , \ ~fY\_ \ MERIDIAN PLANNING CONSULTANTS INC. Page 1 of 2 To: From: Oro-Medonte Council Wes Crown Date: Subject: File #: October 27, 2003 Susan Hollingshead - Garden Suite By-law and Agreement 1460 BACKGROUND Council passed By-law No. 2000-34 and By-law No. 2000-35 on May 3rd, 2000 approving an Application for a Temporary Use By-law to permit a "Garden Suite" on lands located in Part of the West Half of Lot 2, Concession 8 owned by Rick and Susan Hollingshead. By-law No. 2000-34, being the Temporary Use By-law and By-law No. 2000-35, being the Agreement By-law are attached to this report. The By-law expires on May 3rd, 2010, ten years from the date of passing. The Temporary Use By-law therefore has another 6 + years before it expires. The lands are being sold to Mr. & Mrs. Childs who have indicated that they wish to use the Garden Suite for Mrs. Childs mother. The Agreement, unlike most agreements, is not assigned to subsequent purchasers of the lands. Clause 9.1 of the Agreement states "This Agreement, and the rights and obligation arising under it may not be assigned by the owner or the Occupant without the prior written consent of the Municipality. " REQUEST Attached are the requests of both the current owner and the purchasers for Council approval to transfer the agreement to the new owners. CONCLUSIONS No changes to the Temporary Use By-law are required. Page 1 113 Collier Street, Barrie, Ontario L4M 1 H2 Phone: (705) 737-4512 Fax: (705) 737-5078 I ~jY)- g If Council is satisfied that the request meets the intent of the original approval, the following motion should be passed. 1. That Council approves the transfer and assignment of the Agreement dated May 3rd, 2000 (Instrument No. 01436958) to Montgomery and Tracy Childs respecting a Gprden Suite Unit and all its rights and o,bligations f,~:>r the balance of the term of By-law No. 2000-34. I" , , , lii'Y' - Wes Crown, MCIP, RPP Senior Planner , ~iff'-wA C00, \~ O~ ?:p Page 2 113 Collier Street, Barrie, Ontario L4M 1 H2 Phone: (705) 737-4512 Fax: (705) 737-5078 e: . '~.AY\' ) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2000-34 Being a By-law to allow a Temporary Use for a Garden Suite by Susan Hollingshead on certain lands described ,as Concession, 8, West Part of Lot 2 (former Township of Oro), Township of Oro-Medonte, County of Simcoe, under Section 34 and 39 of the Planning Act, R.S.0.1990, c.P. 13, as amended., ' I ' WHEREAS an application has been submitted to the Township of Oro-Medonte to establish a temporary use; AND WHEREAS the Official Plan for the Township of Oro-Medonte contains certain policies which allow for the establishment oftemporary uses; AND WHEREAS Section 39 ofthe PlanningiAct, R.S.O. 1990 c.P. 13, as amended, in accordance with Section 34, provides the authority to establish temporary uses; NOW THEREFORE, COUNCIL OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply to the lands described as West Part of Lot 2, Concession 8, as shown on Schedule "A" attached hereto, these lands may be used for a "Garden Suite". 2. Schedule "A" attached hereto forms part of this by-law. 3. This by-Jaw is enacted by Council and in accordance with the PJanning Act, R.S.O 1990, c.P. 13, will take effect rrom the date of passing ofthe By-law and is hereby repealed 10 years from the date of passing ofthis by-Jaw. BY-LAW READ A FIRST AND SECOND TIME, THIS 3RD DAY OF MAY 2000. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF MAY 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~-/.c ilL Clerk - Lynda Aiken r .' '. . I~"",-Y Schedule 'A' to By-Law This is Schedule 'A' to By-law passed the day of !J ~ N Mayor ".!-- Ii-j Clerk 4>~.,~ 4., L~ ~ LAND SUBJECT FOR TEMPORARY USE BY-I...AW Township of Oro-Medonte !\ N. , .' . , , , . . ) Q~-5 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2000- 35 BEINGA BY-LAW TO AUTHORIZE THE EXECUTION OF A TEMPORARY USE BY-LAW AGREEMENT (GARDEN SUITE) BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND SUSAN HOLLNGSHEAD, DESCRIBED AS WEST PART OF LOT 2, CONCESSON'8, TOWNSHIP OF ORO-MEDONTE (FORMERLY; TOWNSHIP OF ORO), COUNTY OF SIMCOE WHEREAS Section 39(1.2) bfThe Planning Act, R.S.O 1990 c. P. 13, as amended provides for the entering into of an agreement under section 207.2 of the Municipal Act, 1994, c.2, s.44 (1), and Council deems it necessary to enter into an agreement on the lands described herein; AND WHEREAS Council for the Corporation of the Township ofOro-Medonte established Temporary Use By-law policies in the Official Plan for the Township; NOW THEREFORE the Council for the Corporation of the Township ofOro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Temporary Use By-law Agreement attached hereto, as Appendix "B", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are )1ereby authorized to execute the Temporary Use By- law Agreement on behalf of the Corporation of the Township ofOro-Medonte; 3. THAT the attached schedule "A" and Appendix "B" fonn part of this By-law; 4. THAT this By-law shalJ come into force and take effect upon being enacted by Council. BY -LAW READ A FIRST AND SE~OND TIME, THIS 3:td DAY OF May, 2000. BY -LA W READ A THIRD TIME AND FINALLY PASSED THIS 3:td DAY OF May ,2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,,~ 15;. JL Mayor - Ian Bear ~~('{ .il~ Clerk - Lynda Aiken \ ~m - lD APPENDIX "B" J~l (!J ""':1 THIS AGREEMENT made the -Stir day of -AJffl+ 2000 BETWEEN: SUSAN HOLLINGSHEAD hereinafter called the "Owner" OF THE FIRST PART ~ AND MR. RICHARD AINSLEY AND MRS. JOAN AINSLEY hereinafter called the "Occupant" OF THE SECOND PART AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Municipality" OF THE THIRD PART WHEREAS the Council of the Municipality has received an Application to temporarily re-zone a parcel ofland as more particularly described in Schedule "All attached hereto (the "Subject Lands"), pursuant to Sections 34 and 39 of the Planning Act, R. S.O, 1990, as amended, to authorize the Temporary use of a Garden Suite; AND WHEREAS pursuant to subsection 39 (1.2) of the Planning Act, the Council of the Municipality may require the owner of the Garden Suite, or any other person to enter into an Agreement with the Municipality under. Section 207.2 of the Municipal Act; AND WHEREAS the owner and the occupant have consented to enter into an Agreement with the municipality under the tenus and conditions hereinafter set forth, as a condition of the temporary re-zoning to authorize the use of a Garden Suite upon the Subject Lands; NOW THEREFORE consideration of the temporary re-zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as 1. DEFINITIONS 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. f ~.r,",-l -2- 1.2 "Permitted Temporary Use" means one mobile home, used as a Garden Suite, in accordance with the terms of this Agreement and the provisions of the Temporary Use By-law. . 1.3 "Temporary Use By-law" means the by-law passed by the Municipality pursuant to Sections 34 and 39 of the Planning Act to authorize the permitted temporary use upon the subject lands. ~ 2. USE. INSTALLATION. MAINTENANCE AND REMOVAL OF GARDEN SUITE 2.1 The Owner and Occupant shal1 be responsible, at their sole cost for the installation and maintenance of the Garden Suite upon the subject Lands in accordance with the by-laws ofthe Township in effect nom time to time, Inc1uding but not limited to the Temporary Use By-law, and al1 applicable Federal and Provincial legislation. 2.2 Subject to the terms of this Agreement and the Temporary Use By-law, the permitted temporary use may be carried on upon the Subject Lands rrom the date of the commencement of the Term of this Agreement, as hereinafter defined. 2.3 The Owner and Occupant shall remove the Garden Suite rrom the subject lands on or before the earlier of. (a) in the event of default by the Owner or Occupant under -the terms of this Agreement or the provisions of the Temporary Use By-law, the 30th day following written notice nom the Township of the termination of this Agreement; (b) the 60th day following the date of death of the Occupant; or: (c) the last day ofthe Term of this Agreement. 2.4 In the event that the Owner and occupant fail to remove the Garden Suite from the Subject hands in accordance with the provisions of this Agreement, the Municipality may enter upon the Subject Lands to remove the Garden Suite, and all costs incurred by the Municipality in connection therewith shall be recoverable nom the Owner pursuant to the provisions of Section 326 of the Municipal Act, c.M. 45, R.S.O. 1990, as amended, whereby the costs incurred will be added to the tax roll and col1ected in a like manner as taxes. . ,I. I ~tn- ~ -3- 3. TERM 3.1 The Term of this Agreement shallihefQr a ptfriod,often years. commencing from the date of passage of the Temporary Use By-law, and expiring on the day immediately proceeding the 10th anniversary of the date of passage of the Temporary Use By-law. ~ 4. OCCUpANCY OF GARDEN SUITE 4.1 The Owner and Occupant shall not permit the Garden Suite to be occupied by any person other than the Occupant. 5. DEFAULT AND TERMINATION 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement, which default shall not have been cured by the Owner or Occupant within 30 days of written notice of default from the Municipality, the Municipality shall have the right to terminate this Agreement on 30 days notice in writing to the owner and Occupant. 5.2 In the event of termination of this Agreement, the rights of the Owner and Occupant to continue the permitted temporary use shall immediately cease, and the Municipality shall be entitled to repeal the Temporary Use By-law without further notice to the Owner or Occupant. 6. EXPENSES OF THE MUNICIPALITY 6.1 Every provision of this Agreement by which the owner or occupant is obligated in any way shall be deemed to include the words "at the expense of the Owner or Occupant" as the case may be, unless the context otherwise reqUIres. 6.2 The Owner and Occupant shall be responsible for and shall pay to the Municipality on demand all costs incurred by the Municipality in connection with the preparation and enforcement of this Agreement and the Temporary Use By-law. 6.3 The Owner and Occupant shall, on or before the execution of this Agreement by the municipality, file with the Municipality a deposit in the amount of $2500.00, which may be applied by the Municipality in reduction of the costs incurred as set out above. .. )~h:\ - ~ , -4- 6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from the owner as described in Section 2.4. , 7. NOTICE , All Notices to be given hereunder may be given by registered letter addressed to: Owner: Susan and Rick Hollingshead 3193 Line 7 North R. R. #2 Oro Station, ON LOL 2EO Occupant: 3193 Line 7 North R. R. #2 Oro Station,ON LOL 2EO Municipality: Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro,ON LOL 2XO or such other address as the parties may respectively ITom time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. 8. SEVERABILITY 8.1 Any provision of this Agreement which is found to be invalid or unenforceable under the laws of the Province of Ontario by a court of competent jurisdiction, to the extent such provision is invalid or unenforceable, shall be deemed severable and shall not affect any other provision of this Agreement. " . ( ~tn- \0 -5- 9. NO ASSIGNMENT , 9.1 This Agreement, and the rights and obligations arising' under it, may not be assigned by the owner or the Occupant without the prior written consent of the Municipality. 10. ESTOPPEL 10.1 The Owner, Occupant and the Municipality will not call into question directly or indirectly in any proceeding in law or in equity or before any administration or other tribunal, the right of the other parties to enter in this Agreement and to enforce every tenn, covenant and condition of it. The law of contract applies to this Agreement and the parties are entitled to all remedies arising ITom it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. 11. INDEMNIFICATION FROM LIABILITY AND RELEASE 11.1 The owner and Occupant covenant and agree with the municipality, on behalf ofthemselves, their pennitted successors and assigns, to indemnify and save hannless the Municipality, its servants and agents ITom and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 11.2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality ITom and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise as a result of any action taken by the municipality under the terms of this Agreement 12. INTERPRETATION 12.1 In the interpretation of this Agreement, unless the context indicates a contrary intention: (a) the obligations of more than one party will be joint and several, (b) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; ( c) headings are for convenience only and do not affect interpretation; . ., I" I JM - t \ -6- (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this Agreement, and (e) this Agreement may be executed in anY number of counterparts, each of which will be deemed an original but which together will constitute one instrument. IN WITNESS WHEREOF the parties have hereunder set their hands and seals. SIGNED, SEALED AND DELIVERED ~. ..../. In the presence of ~J ~ Susan HolJingshead, Owner Il ;; // .' . . ~~f#o-('Lrff~ Rick Hollingshead, Owner ... Per: ~G- ~~ R.:id:Brd AirEley , Occupant THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ..F~ ~ Ian Beard, Ma r y~~ //.J~ Lynda Aiken, Clerk . .; , , J I~m-' ~ THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN SUSAN AND RICK HOLLINGSHEAD AND THE CORPORATION OF THE TOWNSHIP OF, OR0-MEDONTE. DESCRIPTION Concession 8, West Half of Lot 2, Township ofOro-Medonte (formerly Township of Oro), County of Simcoe ... IJl.;J Province ~v~ot ~ Ootario Document General Form 4 - land Reglstrallon Relorm Act, 1984 U,t:..u~""".........,..... '~~-\3 F~m""085D (1) Registry IKJ (3) Property Idenllller(s) Land Tilles D (2) Page 1 01 8 pages Block Property Addilional: See Schedule D ::;:::) "?' '"-- -~ ;. ~~ ;J (~ ~_~ ..J c.D ::r- j~ ! ~ ~$.~ , ~: "-.. '\i ~.'..~ - ~~~< ~.~~~ \ ~ I ~ ~ (4) Nature 01 Document Agreement under Sections 34 and 39 of the Planning Act. ( ) Consideration Ln 0") c.D M ::r- ~(~~ ~~~. :~: IC-:> .= > a ~.. I ::3 2~: - ::: I~_ \',: ,-::: ~~ ~j C'- ....... n I a Dollars $ (6) Description All that part of the West Half of Lot 2, Concession 8, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. r-j UJ U i:i: u. o a: o u. L.r.:) c::> a a Executions M '-'1' 7 7 ,}- 70Ft, Additional: See D Schedule (1) Thla (a) Redescription (b) Schedule lor: Additional: Document New Easement Additional See D Contalna: PlanlSketch 0 Description D Parties Schedule New Property Identiliers (8) This Document provide. es tollows: Agreement as attached. Continued on Schedule 0 (9) This Document relates to Instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date 01 Signature Y M D . . . .'I:t!J;;. ~.QFn}9F~.'I:J;Qt:I. PF: . Tf:!F:. .'I:Q'I;lt'J~.H,J;I? . . . .. ..... .?:"'~~. .d.~. . . . .. ., . . !?99.0. !Q?J1.~ i ! i . . . .QJ;. 9RQ-:MJ;:P9.r-n:J;:, . P.Y. . t t13. .q~:J:';k.,. .4YflP.a. .A:j..;k!=Jl. . . . . . . . . . . . . . , . . . . . . . . . . 1 1 i . . .M~V~~.~PQ~H.y. . . . . . . .. . .. .., . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. . . : : : : : ! :::: : ! :: I : : ! !: (11) Address lor Service (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date 01 Signature Y M D ... .~C?~~.I.~~f?!;I~~.~,. .~~.s.~r:.............,...... Owner , ..................................".... . ........................................ . ........................................ . .......................................... . ,. .~~t:'I?L.~~~. ~,i.~~<:,~?-..~ .~~?p,..........,." Occupant (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax Not Assigned Lynda Aiken, Clerk Township of Oro-Medonte Box 100 Oro, ON L01 2XO > ...J ~ Registration Fee UJ <f) ::> UJ <J G: u. o a: o u. I Total Page 1 of 1 Planning Department I 2.fr\- \ l\ From: Coulson Castle [coulsoncastle@myexcel.caI Sent: Tuesday, October, 21 , 2003 6:12 PM TC): planner@oro-medonte.ca Subject: Garden Suite at 3193 Line 7 North, Hollingshead . Follow Up Flag: Follow up: Due By: Friday, October 24,20035:00 PM Flag Status: Flagged To Whom It May Concern, The purpose of this email is to inform the planning department at Oro-Medonte of our intention to sell our property at 3193 Line 7 N. We have almost completed the severance of a five acre package from the original 108 acres we currently own. We have received a conditional offer to purchase the 103 acre parcel where our house, stable, pole barn and temporary Garden Suite are located. The purchasers, Montgomery and Tracy Childs are aware of the temporary nature of the Garden Suite and would like to assume responsibility of it for the balance of the original 10 year permit. They are aware that it is a limited permit and that it was granted in the spring of 2000. We are requesting at this time, for the transfer of the permit to the Childs's in order to close the sale of the property. We thought we should inform you of Mr. & Mrs. Childs backgrounds and plans should approval be met. They currently own and operate two businesses in the city of Barrie, Linear Transfer Systems and Integem Technologies Inc. The information on Linear can be found at www.lineartransfer.com and Integem at www.integem.com. Montgomery currently flies out of Simcoe Regional Airport all the time. He has also expressed to us that he would like to move his businesses to Oro-Medonte and out of the city of Barrie but nearer to the airport or at an industrial park in the township. They are also planning on ,doing some major renovations to the permanent house shortly after possession, requiring some building permits. We are asking that you consider the potential of additional tax dollars to Oro-Medonte if all parties can be satisfied. Mr. & Mrs. Childs are extremely nice people and would be a definite asset to the community. Thank you for your consideration, Yours Sincerely Rick & Susan Hollingshead http://www.coulsoncastle.ca 705/835-3390 o Upgrade Your Email- Click here! 10/22/2003 Message Page 1 of 3 Planning Department \~~-\5 From: ! L TS - M Childs (Trg W) [mchilds@ lineartransfer.com] , Monday, October 27, 2003 8:57 PM planner@oro-medonte.ca , '! L TS - Tracey 9hilds'; Rick & Susan Hollingshead , I Subject: Coulson Castle - Garden Suite Importance: High Sent: To: ,Ce: Dear Mr. Crown, This email is to inform the Oro-Medonte planning department of our intention to purchase the 103 acre property at 3193 Line 7N. currently owned by Rick and Sue Hollingshead. We understand from Mr. and Mrs Hollingshead the Garden Suite has a renewable 10 year permit and was designed to be very suitable for an elderly person. When we inspected the suite, we saw it was finished off very well and would be pertect for Tracey's widowed mother, who lives alone in Barrie. We would like to renew the 10 permit for this Garden Suite, which would allow us to move forward with the purchase of the beautiful home and property. Tracey, and I own Aurtas International which owns Linear Transfer Systems, and Integem Technologies in Barrie, the U.S. and Mexico. We have been looking a very long time for a place to permanently settle and bring our family and businesses, and have always found our selves coming back to Oro-Medonte. We use the Simcoe Regional Airport for a significant amount of international business flights to the US, and because the Canadian Customs, and cargo, along with the addition of new hangers right at the airport make Oro-Medonte a,pertecfplace for us. Our move to Oro-Medonte into the country would be our first step toward a long term relationship. We hope you can help us in this matter, and trust you will make your decision soon, as our closing date with our own home and with the Hollingshead's is very quickly approaching. Thank you for your consideration on this matter. Sincerely, Montgomery & Tracey Childs mchilds@ lineartransfer.com tchilds@lineartransfer.com www.lineartransfer.com PH 705.435.8278 FX 705.737.1689 1 (\/'1Q /'1(\1'1'2 Ministr). of Public Safet)' and Securit)' Emergency Management Ontario 77 Wellesley Street West Box 222 Toronto ON M7 A IN3 Telephone/Telephone Facsimile/ Telecopieur E-mail File Reference/Reference July 28, 2003 Dear Madam/Sir: 1(';' d 'Y\ - \ Ministere de la Sfirete et de la Securite Publique Gestion des situations d'urgence Ontario 77, rue Wellesley ouest c.p. 222 Toronto ON M7 A IN3 (416) 314-3723 (416) 314-3758 Information.EMO@jus.gov.on.ca . . ~........ ..... ,"' '. . " "'. .' ~ ," . . . . ............... . . .~...:..........::.....:.......: .' . . .' ':...:. '...... ..... ',:: '* .. .... . . :. . ''':'' ~:, . ::: ..' .: .. .. ", ',' ... . ',,' ., .. . . . . . . '.:--::;.~..- ~., ,"...... 4 (/ fJ Lej.. . 1 2003 ~]"Oi1:.~.EDO ~8H/~"~ ---=-------.. JEPP 2004-05 The Joint Emergency Preparedness Program (JEPP) is anticipated to be funded for the 2004 / 2005, project year. This letter is to inform you of the opportunity to participate in the program through the submission of one or more project proposals. ' lncluded with this letter is a document titled' Joint Emergency Preparedness Program Guidelines for Project Applications 2004 I 2005 Project Year' which provides an outline of the program and of the types of projects that are funded. Also included with this letter is a form titled' Application for JEPP Funding' which is used to submit a proposal. It is suggested that this invitation to participate in the JEPP program for 2004 I 2005 be circulated to police, fire, and ambulance services as well as to your municipal or community administrative support team. If additional applications are needed, photocopies of the enclosed application may be used. Should you have questions about the program or about completing an application, please telephone Ms. Catherine How, 416-314-6186 or myself at 416-314-5506. Please note that completed applications must be received at Emergency Management Ontario (EMO) by Friday, October 31, 2003. Also find enclosed an application package for Basic Emergency Management (BEM) course, in order to file a separate application directly to the EMO Training and Education Programs under JEPP through your EMO community officer. Yours truly, D~s -. Reginald Foulds Support Programs Officer Enclosures: (3) .f ~. Ministry of Public Safety and Security Ontario . Please complete the Check List on page-3 before despatching the project application Application For JEPP Funding Region/County/District SIMCOE Postal Code LOL 2XO T~Nt705) 835-5568 FaxN~705) 835-5884 . Application to be TYPED and submitted in duplicate Name of Government/Agency The Township Of Oro-Medonte Mailing Address P.O. Box 100, Oro, Ontario LOL 2XO Joe Casey, Deputy Fire Chief !'Aailing Address (If different from above) Same Project Coordinator E-mail Address fire@oro-medonte.ca (A comprehensive project description that includes the aim and objectives of a project will ensure that it is correctly understood and will be accorded a suitable priority. PLEASE ATTACH ALL SUPPORTING DOCUMENTA TION.) -Project Description See Attached Measurable Objectives (Long term projects may be divided into phases or measurable objectives and may thereby qualify for phas~d funding arrangements as major objectives are completed). N / A ac a IlOna ages I reqUire . 'A Project Planning Worksheet should be completed for each separate Province/Community Share JEPP Share category of cost, i.e. Salaries and Benefits, Equipment, Etc. I! is hereby certified that funds have been Application is hereby made for JEPP allocated for the project as follows: funding in the amount'of: (Not to exceed 45% of the total estimated cost.) Estimate of Costs CateQOfY' Amount Amount Amount Salaries and Benefits Equipment (Attach list and item cost) 69,451 50,676 18.775 Administrative Costs Total 69,451 50,676 18,775 Aft h ddT ., . d UNDERTAKING I, the undersigned, having authority to make a commitment on behalf of the province/community in whose name this application is being made, hereby give the following undertaking: .. a. to comply with the terms and conditions of the Joint Emergency Preparedness Program; and b. upon completion of a project to issue a statement to the public through the local media or to take such other steps as are necessary to acknowledge fully the nature and extent of Federal involvement and participation. (Clippings/copy should be forwarded upon submitting a claim.) Signature Signature Appointment Appointment Clerk- TreasurerlAccountant October 30, 2003 Dale Head of GovernmenUAgency October 30, 2003 Date EP 1 (Rev. 06/96) @ Ministry of Public Safety and Security Application for JEPP Funding Support Information \d h-3 . Ontario Please complete the following questions concerning your community background, the level of emergency preparedness within your community, and project details. I Community Background I I 1. What is the population of your community (or communities if a jOint community project)? 19,000 2. What communities will be served by this project? Directly Township of Oro-Medonte Indirectly City of Barrie, City of Orillia, Township of Tay, Severn and Springwater 3. Is your community remote (Le., no access by road or rail)? NO 4. Does your community have any major, unique or special hazards to be prepared for? Trans Canada Pipeline, Lake Simcoe Regional AirpQ~t., Major Highways I Level of PreDaredness 1. Does your community have a community emergency plan? If No, please go to Question #6. Yes x~ No o 2. If yes, when was it completed? Date: 1996 Last revision? Date: 2003 3. Have the key personnel identified in your plan been trained in their roles and responsibilities? No (except CEMC & ESM) training in progress 4. Have you tested/exercised your community emergency plan within the last two years? YesxE.!x No 0 .. 5. Does your community have mutual aid agreements with other communities? Yes, Simcoe County Mutual Fire Aid 6. If you do not have a community emergency plan or if your plan is out of date (i.e., more than two years old), do you intend to develop or update your community emergency plan? Yes 0 No 0 2 · ! Project Details I \J1\ -\.1 . 1. Does your project support an all hazards approach to emergency preparedness? (Le., can your project be used in any type of emergency situation? Yes~ 2. How often will you use the project you are applying for? o Daily 0 Weekly ~ Other (specify') No 0 Training and Actual 3. What agencies will use' this project? (i.e., police, fire, publ';c works, etc.) Police, Fire, Public Works and all members of the Community Control Group 4. Upon completion of your project, a statement must be issued to the public through the local media or other steps taken to fully acknowledge the nature and extent of federal involvement and participation in funding this project. How do you intend to fulfill this obligation? Newspaper articles in the three local newspapers, Orillia Packet & Times, Barrie Examiner and North Simcoe News Please ensure you attach any other information, documentation or reports that may be used to support your project. Also, please ensure a separate application form including information sheet for each project. CHECKLIST Yes No 1. Does the application have two (2) signatures? (Two signatures are mandatory) XUX 0 2. Is the application supported by pricing/quotations from the service provider? XJgX 0 3. Is the planning work sheet completed? (Details of all expenditures/break-down are mandatory) xilx 0 3 &J Ministry of Public Safety and Security Project Planning Worksheet \ Jf\ - 5 Ontario . To be completed and retaine bv JEPP applicant for accounting and audit purposes Project EGG I Category of Cost Estimate , , Service Perfonned/Expenditure Cost Data (See Notes b & c) Hours Days Km Rate Total Radio communications set up for EGG. . .. Including antenna for local TV station 8,424.00 . ~ Electronic photo identification system 6,415.00 Resources / stationary supplies, flip charts, log templates etc. 2,220.00 , Back-un generator for administration * alternate EGG * 49,950.00 Natural pas connection and nining for , above 2,442.00 Totals $ 69,451.00 . ~ d Notes: a. A separate worksheet should be completed for each category of cost, i.e., Salaries and Benefits, Equipment, etc. b. Salaries and benefits could include consultant fees, regular wages, etc. c. Equipment costs could include items purchased outright, installation costs, etc. - estimates include taxes net of GST rebate 4 JEPP FUNDING APPLICATION \ r \ ! '\-... \C1\- Project description Aim: To enhance the capabilities of the existing Emergency Operations Centre to ,comply with th;e recommendations from EMO and to assist the meIl}ber,s of the Community Control Group in effectively carrying out their required duties as members of the EOC in the event an emergency has been declared. Objectives: The main objective of this project is to ensure that the members of the Community Control Group have the necessary tools to effectively, without interruption, manage an emergency should one be declared. Upon investigation of our existing EOC and alternate EOC we found the following deficiencies. 1. The lack of effective radio communication capabilities for the Fire and Public Works Departments in the main EOC 2. Being able to identifY the personnel involved in the emergency for security purposes at the EOC.(volunteers, members of the control group etc.) 3. Resources necessary for the EOC (mapping, flipcharts for status recording, stationary supplies, etc.) 4. The lack of back up power for the alternate EOC These concerns have been addressed in the application by the following quotes. 1. Quote from Point to Point Communications which covers the radio communications deficiency and will enable access to the local television station in the EOC 2. Quote from Identicam Systems for the personnel identification system 3. Quote from Orser Technical for the back up generator 4. Resources / Stationary supplies Mapping ect. (estimation) 5. Natural gas hook up for standby generator (estimation) \~f\-l JOINT EMERGENCY PREPAREDNESS PROGRAM (JEPP) GUIDELINES FOR PROJECT APPLICATIONS AND FUNDING 2004/2005 PROJECT YEAR 1.0 INTRODUCTION The Joint Emergency Preparedness Program (JEPP) is a national program initiated by the federal government in 1980 and designed to enhance the national emergency response capability. The aim of the program is to establish a reasonably uniform level of emergency services across the country. It is a joint undertaking with the provinces / territories, and it is administered by the Office of Critical Infrastructure Protection and Emergency Preparedness (OCIPEP), formerly Emergency Preparedness Canada (EPC). JEPP projects are submitted by a province/territory and all submissions must be signed by the minister responsible for emergency preparedness or their delegated official. In the Province of Ontario, the Minister of Public Safety and Security has delegated responsibility for emergency management to Emergency Management Ontario (EMO). It is for this reason that EMO administers the JEPP program in Ontario. JEPP is structured to accommodate project proposals that can be completed within a fiscal year, April 1 sl to March 31 st. Application for funding takes place in the year prior and it is also in that year that the project is planned, structured, and organized. In the year following the completion of the project the claim for reimbursement of funds is finalized and processed. The aim of these guidelines is to identify the types of projects that JEPP funds are intended to target, to describe how projects are selected for funding, to discuss the terms and conditions incumbent on the applicant, to outline the application process, to detail the claim process, and to provide a name and address for additional information and inquiries and to forward project proposals. These guidelines are also designed to assist project administrators to begin a JEPP project, to guide the project through to its successful completion, and to prepare a claim for reimbursement of federal funds upon completion of the project. Throughout the period of the project, you can obtain advice from the Emergency Management Ontario (EMO) personnel noted on the back page of this document. \ ~ h -~ . , 2.0 TYPES OF PROJECTS JEPP is structured to enhance emergency management capabilities across Canada. The types of projects eligible for JEPP funding are identified through selection criteria that are applicable every year, and through national priorities identified annually by OCIPEP in concert with the provinces and tenitories. Selection Criteria These criteria are applicable to all project proposals every fiscal year: . projects must have a clear objective that is in hamlOny with the national aim and with the aim of the Province of Ontario, which is to enhance emergency management capabilities in the Province. . projects must have an agreed, identifiable beginning and end, and have measurable progress points throughout the duration of the project. ,/ . projects must include a method to recognize the federal contribution. . projects must be supported by EMO. . projects mu.st satisfy the tenns and conditions of the program. National Priorities - 2004 /2005 OCIPEP has established four national priorities: . training and education; . telecommunications; . proto-typical initiatives; . urban search and rescue. 3.0 PROJECT SELECTION To be considered in the JEPP program, project proposals must be sponsored by a municipality, community or ministry and must be supported by EMO. Administration of the program is conducted by EMO and this function includes the preparation of guidelines, the annual province-wide call for project proposals for the next fiscal year, the receipt and review of proposals, the prioritization of projects, and the day- to-day administration of the project. 2 \),,-) All project proposals are reviewed by EMO for completeness and consistency with the selection criteria, reasonableness and feasibility. Projects that are not complete or do not satisfy the criteria, are unreasonable, or are not feasible within the parameters of the program will not be considered further and will be returned to their originators. For all other proposals, EMO conducts a thorough review of each and, based on an established li,st of criteria, orders the projects in a list that depicts relative priority. Reasonableness connotes consistency with the selection criteria and with the long-tenn aim of the Province of Ontario. Feasibility addresses the infonnation provided in the project proposal. The criteria established by EMO and used to place project proposals in a list that depicts relative priority are the following: . projects which support a community essential level emergency management program receive the highest priority; . projects to write or revise an emergency plan; . a community or municipality must have an emergency plan to be considered for JEPP funding for any other project (an emergency plan should be reviewed annually to remain current); . projects to conduct an exercise to evaluate an emergency plan; . projects that relate to the mitigation of an existing major or unique hazard in the municipality or community, (e.g. Chemical, Biological, Radiological and Nuclear (CBRN) terrorism; . projects that establish or expand mutual aid or assistance agreem~nts; . projects that are beneficial to or have multiple user groups; and . projects that promote cooperation and interoperability among responders! municipali ti es! communiti es. 4.0 TERMS AND CONDITIONS Presentation of tenns and conditions is divided into funding available, project eligibility; funding arrangements, estimate of project costs (salaries and benefits, equipment, administrative costs), supporting details (general, audit), and ineligible items sections. /" IJ <; C'J /4-; . f i.;i \ 5 Fnl1dil1eAvaiJal>le: I~~JItrt.S8~!-sh(lfe forpmla is '55145',whith me~s thecQmmunity rund$55~of projectcosts'.and 45 .% are funded through the program. For all project~, JEPP fundiI'lgis h (~ ~ ~ CG~'ll'1. .vc4-<J :zlL----- ~~ -~~ 3 \~" - \D The cost-sharing arrangement for Critical Infrastructure Protection (CIP) funding with the provinces will be on a 25-75 basis for fiscal year 2003-04 , In addition to the basic cost-sharing fonnula, there are limits placed on the amount of funding available through JEJ;JP. Those limits are basedon the aim of the project and are as follows: . Plans - base amount - plus one-quarter of a community population to a maximum of - $5,000.00 - $25,000.00 . Exercises - paper exerCIses - telecommunications and table top exercises - multi-center, field exercises - $ 2,500.00 maximum - $ 5,000.00 maximum - $10,000.00 maximum . Emer2,encv Operations Centers (EOCs): - includes display boards, maps, telephones, base stations and radios, facsimile equipment base amount -$5,000.00 - plus one-quarter of a community population to a maximum of - $25,000.00 - one-time start up cost is also considered . Telecommunications: - base amount - $15,000.00 - plus one-quarter of a community population to a maximum of - $49,999.00 . Rescue Vehicles and Associated Equipment: - maximum of $ 40,000.00 per community - maximum of$150,000.00 per county, region, district . Marine Rescue Vessels and Associated Equipment: . - maximum of - $25,000.00 . Mobile Command Post Vehicles: - maximum of - $40,000.00 usually one per county, region, district 4 + HAZMA T vehicles: \Jf\'~\\ - maximum of - $40,000.00 usually one per county, region, district + Emer2ency Mana2ement Computer Software: - maximum per community one project only per community + Emer2ency Rescue or Response Equipment: - $10,000.00 - base amount - $5,000.00 - plus one quarter of a community population to a maximum of - $10,000.00 . Emer2ency Generators ~Fixed site or Portable: - to a maximum of . BEM course for a maximum of28 participants General Training Costs · Rental of Equipment (if required) . Training Supplies (binders) · Training Material (printing of handouts) · Mailing (pre-course material) Total Project E1i2ibility: - $10,000.00 100% JEPP 45% $ 100.00 $ 45.00 $ 150.00 $ 67.50 $ 220.00 $ 99.00 $ 30.00 $ 13 .50 $ 500.00 $225.00 There are limitations placed on access to funding through JEPP for specific project types and there are restrictions placed on the use or application of specific material acquired through JEPP. Those limitations and restrictions are as follows: ~ ,~~/ + Plans: v t).A. ..{. v? 1\ i: (J. f . lJ'i- 1/-; + Exeieises:. - undmg is available through JEPP to conduct an exercise once '''~ J!l ~ "\ every three years. - funding is available through JEPP to revise an emergency plan once every five years. . Critical Infrastructure Protection (CIP) proposals: - Proposals for CIP activities related to emergency planning and preparedness should support the National Critical Infrastructure Assurance Program (NCIAP) goal. Proposals can include funding of CIP planning officer positions, and related CIP planning activities. 5 \d~ -\'J- Appropriate proposals would address items such as: . providing leadership on the development and implementation of a provincial critical infrastructure initiative; . establishing provincial working groups to guide process; . researching, developing, acquiring and adopting tools to identify critical infrastrocture and measure risks, threats and criticality; . representing organization at CIP related meetings; and . liaising, co-hosting and funding workshops, exercises and training sessions with federal, provincial, municipal, non-government and the private sector. . developing broad organizational awareness-raising campaigns on critical infrastructure protection issues (e.g. importance of IT security policies in effective CIP) Proposals should include a detailed cost breakdown and description of the proposed CIP project. ~G. CC; . Generators: - the acquisition of a back-up generator, either fixed-site or portable, is eligible for funding provided the intended use for the equipment is for an Emergency Operations Centre (EOC), €;~~~i~ or a reception and evacuee centre. . BASIC EMERGENCY MANAGEMENT (REM) COURSE: The Basic Emergency Management (BEM) course will provide an introduction to the basic concepts of emergency management. The BEM course content is nationally recognized and serves as the prerequisite for all specialized training offered at the Canadian Emergency Preparedness College. This course is developed in partnership with the Office of Critical Infrastructure Protection and Emergency Preparedness (OCIPEP). A community that is interested in conducting a BEM course within the fiscal year, April 1 S\ 2004 to March 31 S\ 2005 can apply for JEPP funding. The JEPP cost-share fonnula is '55/45', which means the community funds 55% of the project costs and 45 % is funded through the program. The fonn 'Community Proposal for BEM Training (attached with a separate enclosed package on BEM guideJines) must be completed and submitted directly to the area Emergency Management Ontario (EMO) community officer for onward submission to EMO Training and Education Programs (for your community officer refer to the attached list ofEMO community officers) 6 \~,,-\3 . Software: - in certain rare circumstances funding is available through JEPP for the acquisition of software that is designed exc1usively for emergency management. Fun dine. Arrane.ements Projects are classi'fied according to the aim' or' purp'ose fOT the proposa1. For each classification, there are a number of guidelines used to detennine which aspects of the project are eligible for feaera1 funding. A rule-of-thumb is that 'incremental costs' are eligible for funding and 'in-kind' costs are not. Another rule-of-thumb is that all costs being claimed must be documented including an invoice and proof of payment. A third rule-of-thumb is that all claims for sales taxes must show the amounts paid in Provincial Sales Tax (PST) and Goods and Services Tax (GST), less any rebates. Other guidelines are noted under specific classification subtitles. Emere.encv Plans This classification includes projects to prepare an emergency plan as well as to update an existing plan. ..~/.~~. )" . 'L~.(; ~/d'l .(~ -. J~~'. U;~ One person can be hired as a new employee or on contract, or as a consultant to develop an initial plan or to revise an existing plan. The salary and benefits or the consulting fee can be included on the JEPP claim. Word processing costs must be incrementaL In other words, the cost to hire a person to complete a word processing task may be induded on the claim, whereas the cost to have the work completed by a regular employee cannot be claimed. 7; Yr~ U . Printing, photocopying, postage, and stationery costs may be claimed, but only for materials specified in the approved project proposal, and only to the maximum amount specified in the approved project proposa1. . The EMO Area Officer must review a draft of the plan before a claim is submitted. · Costs that accrue for public consultation may be claimed provided such costs were identified in the project proposa1. The rental of a hall and public advertising are examples of costs for public consultation. . Travel costs incurred by the person hired to draft or to revise a plan can be daimed in accordance with the provincial policy, Travel Management and General Expenses. . Costs associated with the set-up and operation of an office cannot be claimed. Examples of such costs indude the rental or lease costs for office space, and 7 \YJ~ -\l\ the rental or purchase costs for office equipment such as computers, desks, chairs, and bookcases. Exercises The purpose for exercises is to improve emergency plans through the controlled evaluation of those plans under simulated emergency conditions. . One person can be hired as a new employee or on contract, or as a consultant to design and oversee an exercise. The salary and benefits or the consulting fee can be included on the JEPP claim. . Costs incurred to prepare a site for an exercise can be claimed. Examples of such costs are the rental of a tow truck, and the placement of wreckage at the site. Costs for other types of support equipment may also be eligible to be claimed provided those costs were identified in the approved project proposal. Examples of such costs are the rental fee for video equipment to record the exercise, and the rental fee for telephones for use during the exercise. , I . Wages for exercise participants including police, fire, and ambulance personnel are not eligible for reimbursement. Also, costs associated with the use of police cars, fire trucks and ambulances are not eligible. . Stationery 'costs are eligible provided they were identified in the approved project proposal. Examples of such costs are photocopying, map preparation, and printing. . Word processing costs must be incremental. In other words, the cost to hire a person to complete a word processing task may be included on the claim, whereas the cost to have the work completed by a regular employee cannot be claimed. Telecommunications Systems and EQuipment This classification includes radio communications equipment to alert and to dispatch emergency response organizations and agencies. Equipment types, by function, include portable and mobile radios, towers, antennae, base stations and, where applicable, installation costs. . Paging systems, pagers, cellular telephones, SIrens, warranties, and license costs are not eligible for funding. ~ Emer2,ency Operations Centres This classification encompasses the equipment required to set-up a functional, fixed site, emergency operations centre (EOC). 8 \ fJ f\- ~ \ ) . ~ .. J" Costs for radio base stations, weather ,radios, maps and map display boards, telephones, and facsimile machine are eligible for funding provided they have been approved as part of the application. The cost for a generator, or a portion thereof, to provide a back-up power supply to the EOC .can be claimed provided it has been approved as. part of the application. . Costs associated with fixed infrastructure for an EOC including buildings, construction, and real estate fees are not eligible for funding. Critical Infrastructure Protection (CIP) National critical infrastructure comprises physical and infonnation technology facilities, networks and assets, which if disrupted or destroyed, would have a serious impact on the health, safety, security or economic well being of Canadians or the effective functioning of governments in Canada. Proposals for CIP activities related to emergency planning and preparedness should support the NCIAP goal. Proposals can include funding of CIP planning officer positions, and related CIP planning activities at the provincial government level only. . Appropriate proposals would address items suqh as: · providing leadership on the development and implementation of a provincial critical infrastructure initiative; · establishing provincial working groups to guide process; · researching, developing, acquiring and adopting tools to identify critical infrastructure and measure risks, threats and criticality; · representing organization at CIP related meetings; and · liaising, co-hosting and funding workshops, exercises and training sessions with federal, provincial, municipal, non-government and the private sector. developing broad organizational awareness-raising campaigns on critical infrastructure protection issues (e.g. importance of IT security policies in effective CIP) Mobile Command Posts This classifica60n includes the vehicle and equipment required to set-up a command post that can be taken to the site of an emergency or incident. · Funding is available for one vehicle/trailer per county or region, because of the cost to acquire and to furnish this resource, and an agreement must be in place for the vehicle to be available for use anywhere within the area. · The vehicle must be delivered before a claim can be submitted for funding. 9 \d~ -\'-0 Computers and Computer Software This classification is intended to encompass all hardware and software applications. · Acquisition, rental, or lease of computer hardware cannot be funded through this program. ., , · Unique emergency management application software may be funded. · Funding is not available for software designed to perfonn routine administrative applications such as word processing and spreadsheets. Emen:?encv Response Vehicles Vehicles in this classification include emergency rescue vehicles and vehicles that are used to respond to hazardous materials incidents. · The vehicle must be delivered before a claim can be submitted for funding. · V ehicles including police cars, fire trucks, ambulances, cranes, tank trucks, and catering trucks are not eligible for funding. Marine Rescue Vessels / Boats Included in this classification are vessels and boats used for marine search and rescue and specialized equipment for the vessel or boat. · Vessels and boats must be acquired for use at least in part for marine search and rescue. · Funding is not available for the acquisition of vessels or boats to be used exclusively for enforcement or fire fighting purposes. Estimate of Project Costs: There are three parts to the 'estimate of costs' section of a JEPP application, namely salaries and benefits, equipment, and administrative costs: . Salaries and Benefits: - salaries must be incremental to be eligible for funding. In other words, only newly created employment that can be dearly attributable to the project is eligible. The infonnation required as part of a JEPP application includes salary (hourly / daily rate), benefits, and tenns of employment (contract / part-time / full- time). A budget for overtime costs is not pennitted. 10 \~Y\ - \ l . Equipment: - project proposals to acquire equipment must inc1ude a detailed description of the artic1e(s). The infonnation provided must also include a bona fide estimate of the cost of the equipment including Provincial Sales Tax (PST) and Good and Services Tax (GST)), and installation costs, if applicable (including PST and GST). - equipment procurement proposals should also address issues of interoperability and perfonnance in the field, where applicable, as those are significant considerations in the prioritization of projects. - it bears a reminder that ongoing operations and maintenance costs are not eligible expenses within the JEPP program. . Administrative Costs: - administrative costs must be well-documented and attributable, and all taxes paid must be specified as PST or GST. In addition, the ca1culation ofGST payable must be reduced by the amount of the municipal rebate, where applicable. - attributable costs are incremental - 'in-kind' contributions are not eligible for inclusion in the funding provided by the project applicant. - hospitality expenses are not eligible costs except for the provision of a lunch during a major exercise. - costs described as 'miscellaneous' or 'overhead' are not eligible. Supportin2 Details: . General: - project proposals must be submitted on the application fonn titled 'Application for JEPP Funding.' Applications must be typewritten and must include a cost breakdown supported by quotations/estimates. (A cost breakdown is best organized in three parts namely salaries and benefits, equipment, and administrative costs and its purpose is to detail how the proposed project funding is to be al1ocated.) - a separate application [onn should be used for each proposed JEPP initiative. - a complete application is dual1y signed by the chief administrative officer / clerk / treasurer and the head of counci1. 11 - projects must begin and end during the fiscal year April 1st to March 31st. Written approval must be received before beginning a project. A claim must be submitted to EMO by March 31st, or earlier if the project has been completed, for reimbursement of the federal government share of the funding for the project. . 'Audit: . - an projects are subject to post audit by OCIPEP or the Province of Ontario. For those projects having a federal contribution of $50,000.00 or more, the s- . I claim must be supported by a certified auditor's signature. yIv t.;, l,.. :: ~ if ~'lne1if!)fjJe)ltems:T' t.;,fL.. The fonowing list of items are not eligible for funding under the tenns and conditions of the JEPP program: . breathing air recharging system (including compressors and cascade systems); . property numbering systems; . pagers and paging systems; . siren systems; . cellular telephones; . training towers; . 911 systems; . first aid training; . cardiopulmonary training (CPR); . wages for exercise participants including first responders; . costs for the use of first response vehicles in exercises; . construction and renovation costs; . real estate costs; . rental costs for office space and furniture; . purchase or lease of computer equipment; . costs to attend conferences, courses, exercises; . warranties and licence fees; . vehicles including police cars, fire trucks, ambulances, cranes, tank trucks, and catering vehicles; . administrative overhead; . brochures and pamphlets; . in-house labour . site survey cost . training costs for consultant . gas monitors/detectors . rnml-pumpers . telephone access fee andlor monthly fees . overtime \'~~ ;\1 , I 12 \ ~n - \ 1 5.0 APPLICATION PROCESS As described previously, EMO is responsible for the preparation and publication of these guidelines, the mailing of the 'Application for JEPP Funding' fonn, and the receipt, review and prioritization of project proposals. The fonn 'Application for JEPP Funding' is included with these guidelines. As a reminder, applications must ,by type written and must include a cost breakdown, supported by quotations/cost estimates by a vendor where applicable. Important dates for the submission of project proposals for the 2003/2004 fiscal year are as follows: . 'J ~ \ \N~ ,u)Yv Deadline for submission of project proposals to EMO January 2004 Review proposals with EMO area staff January 31, 2004 EMO forwards project proposals to OCIPEP February - March 2004 OCIPEP reviews project proposals April - June 2004 Approved and disapproved project proposals are communicated by EMO.in writing Applicants for funding through the JEPP program will be kept advised of the status of their proposals throughout the application process. 6.0 CLAIM PROCESS A claim must be submitted to EMO to obtain reimbursement of the federal share of the project. Usually, a single claim is submitted on completion of the project although an interim claim may be submitted when required, The target date for submission of the final project claim is March 31, 2005. Also, every claim must be dually signed by the head of government and the clerk as well as the treasurer Remember, all project costs must be incurred during the fiscal year of April 1st to March 31st in which the project is approved. Also, within the fiscal year, project costs must be incurred after the date marked on the approval letter received from EMO. All claims must include receipts or other proof of payment such as cancelled cheques. Claims for material and equipment must include invoices, receipts in addition to proof of payment. Salaries paid to a contractor or consultant must be documented with an invoice that includes details of the hourly or daily rate, GST, Jess any rebate, and proof of payment. Salaries paid to employees require journal entry or accounting record documentation. 13 \ ~\\) - d 0 Equipment Documentation of material and equipment acquisitions must include a listing of the details of an material or equipment purchased, the instal1ation costs, where applicable, and PST and GST, less municipal rebates. In addition, proof of payment i~ essential. . SaJaries Claims for salaries and fees must be detailed. Salaries must be incremental to be eligjble for. funding within the JEPP program. Proof of payment including hourly/ daily rate and details of a11 expenses must accompany al1 salary claims. Administrative Costs Administrative costs must be detailed in the claim including PST and GST, less municipal rebates." Misce11aneous" and "overhead" costs are not eligible for reimbursement. Project Summary/Description of Work Completed A precis of the accomplishments that were realized through the project is to accompany the claim. Projects to.:complete an emergency plan must include a copy of the plan, and projects to conduct an exercise must include a copy of the exercise report. Modification At any stage prior to the submission of a claim, an application can be made to adjust the approved project. If resources permit, this will usually be authorized. Once a claim is submitted it is assessed against the most up-to-date approved project data. Media AcknowJedeement A media announcement or some other public acknowledgement of the funding assistance provided by the federal government is required. Documentation of that announcement or acknowledgement should accompany the claim. 14 \d.\.- d \ 7.0 INFORMATION AND INQUIRY ABOUT JEPP For infonnation about JEPP or to inquire about the application process please contact: Reginald Foulds Support Programs Officer Emergency Management Ontario 77 Wellesley Street West, Box 222 Toronto, ON, M7 A IN3 Telephone: Facsimile: Emai1: (416) 314-5506 (416) 314-3758 Reg.F oulds(a:)ius. gov .on. ca or Catherine How Support Programs Assistant Emergency Management Ontario 77 Wellesley Street West, Box 222 Toronto, ON, M7A IN3 Telephone: Facsimile: Email: 416-314-6186 416-314-3758 Catheline.How@ius.gov.on.ca For advice and assistance on JEPP project proposals and on the completion of an application, please contact the appropriate EMO Community Officer listed in the following pages. 15 # PROPOSAL FOR. ORO MEDONTE FIRE FIGHTERS September 15, 2003 \ f'\ \~ f\ -J~ BABY J.A.M.E.S.: EPISUITE LITE COLOUR IMAGING SYSTEM for Windows EPISUITE 5.5 lite Software includes: ~ Customizable Database Fields ~ New Query Dropdown, view frequently used queries faster ~ 32 Bit Application ~ New Database Support - certified for use with Access97 ~ Multiple card per page format/Unlimited records ~ User Interface includes Right Click Pop-Up Menu ~ GuardCard and GuardDraw for Windows ~ GuardTooI Importer and Database Updater ~ Images Management Software/Barcode Software ~ Improved Align Card Objects Right/Left/Centre and Top/Centre/Bottom ~ Image Capture Features: Red-Eye Correctior\1 Adjust By Example, ~ New Fill Background includes color palette ~ Long File Name Support for Import Definitions Digital Camera/Web Cam: ~ Still image resolution: Up to 352 x 288 pixels I ~ Video capture resolution: Up to 176 x 144 pixels Printer: ~ Fargo Persona C11 Single Sided Dye Sublimation Printer ~ ,~~~iiiril:::'- > ~'4;':i.:-~~_ -" ;~;...> ,:t: ; ~ ~" " \- ;;" ' /~~ Services &. Support: ~ Telephone Training of Software ~ Telephone Assisted Installation of Video Imaging Components and Software ~ One year unlimited Telephone Support ~ Emergency 24 hour, 7 days per week technical support ~ loaner Warranty1 *Valid until September 31st, 2003 *System Package Price: $5,284,00 NOTES: 1. IDenticam will provide the customer with a free loaner Fargo printer if their Fargo printer requires more than 5 business days to repair. 2. Fargo C11 Dye Sublimation Printers have a one-year unlimited warranty on the printer and printhead 3. Terms: Net 30 days. Freight Prepaid and added to invoice. AU prices quoted do not include any applicable duties or taxes. 4. GAG. 36 Month Lease. First and last payment required. IDenticamm _~ v ~ T I: U ~ ~ PROPOSAL FOR \~Y\ _~r) ORO-MEDONTE FIRE FIGHTERS September 15, 2003 ID SUPPLY SPECIFICATIONS 30mil Plastic Card PVC - Non-porous Plastic Vinyl Card made up of 100% P.V.c. vinyl composite that offers higher temperature (1600F) and chemical resistance which is ideal for normal applications as well as high usage. The card size is 2 1/8" x 3 3/8" and under normal conditions and usage cards should last 3 years. Fargo print ribbons are designed specially for creating durable, 24-bit colour and gray scale images with extreme clarity and detain. Ribbons are specially back-coated to extend printhead life. ID SUPPLY PRICING Blank PVC - Non-porous Plastic Vinyl Card 30mil, 2 1/8" x 3 3/8". Item#FAR-81754 QUANTITY 500 UNIT EXTENSION SUPPLIES $0.23 $115.00 Fargo four-colour dye sublimation printer ribbon with clear overlay (YMCKO). Prints approximately 250 cards per ribbon. 2 $190.00 $380.00 NOTES: 1. IDenticam will provide the customer with a free loaner Fargo printer if their Fargo printer requires more than 5 business days to repair. 2. Fargo C11 Dye Sublimation Printers have a one-year unlimited warranty on the printer and printhead 3. Terms: Net 30 days. Freight: Prepaid and added to invoice. All prices quoted do not include any applicable duties or taxes. 4. OAC. 36 Month Lease. First and last payment required. IDenticamm _~ v ~ T s: U ~ \ 'JY\ - -_._..._~...- 'AXED "",-~ oei Z 3 2003 .~~ U'" ;, .,~)~.~ ~[;f ~ O. . '!\I~ ~ '.~ r.: ., ,,11\, .G ....". <:: ~ , . aI if l:~JJ?-l; , ..: 'tl:# II:\' ~;f. :i lit ..... ", Iii 301 Forest Avenue Orillia. ON L3V 6Y7 Phone 705-328-6427 Fax 705--326-1819 DATE 10/27103 Quotation '# Customer ID Township of Oro-Medonte 148 Une 7 South Oro, Ont Quotation valid until: 30 days Prepared by: Tony Telford AttefJtion: Paul Eenhoom Fax: 487-0133 ?f; c;-: 5~9 Cornments or Speciallnstructiom: Paul, we are pleased to provide budget pricing to provide a' standby generator at the Oro-Me<1onte Township offices. It will provide 200a 20S-120v 30 power to feed the lighting panel we looked at. We would re-feed critical 6rcuits to this panel from other P3nels. The generator would be located at the north side of the building. Quantity Description Unit Price TOTAL 1 75 KW 120/208 3 It' natural gas fueled gener.-tor cJw. weather proof housing, main breaker, batteries, start-up 200 amp 20Sv 3/0 transfer switch Electrical feeders to the transfer switch from the generator Complete Electrical conn~ion matenal and labor Budget Price........ . . . . ... ... . .. . . .. .. ... .., . .. . _ . .' .... .. _ _.. . _. '" ... . $45,000.00 S45,Ooo.00 Natural gas hOokup cost is not included in this price. TOTAL $ 45,000.00 un me. Regards, .... ony Purchase Order Number PLEASE NOTE: This quote does not include applicable taxes. If you have any questions concerning this quote, please contact Tony at the number listed above THANK YOU FOR YOUR BUSINESS! OCT-27-03 MON 10:46 AM POINT TO POINT !"fIX NU. I Ub r ~ I IU~ j r, uc COMMUNICATIONS 38 Hooper Road, Barrie, Ontario L4N 829 Tel: (705) 721-98/7 . Fax: (705) 721-1021 . '-800-721-9077 Bracebridge Office: (705) 645-9216.1-800-290'0599. Fax: (70S) 645-1754 Concord Office: (800) 461-5614 \ 1', 1\ t:. vi,^, -d:.J October 24, 2003 Township ofOro-Medonte Fire Department RR2 Oro Station, Ontario LOI, 2EO .. Attn: Joe Ctl..~y 1 have put together a propo!;al for the radio communications set-up for the Oro-Mcdonte EOC. This will include two radio work slations for the Fire Department and the Public Works Deparlment, as we1l as a TV antenna The Works Department will be equipped with an antt'lma, and cable, mounted on the tower at the back of the Fire lIall, in Horseshoe Valley. Also, there will be a radio power supply, with battery baek up and a privacy radio handsel. The Works Department wilJ need to bring one mobile radio with them to the EOC in the event of an emergency to plug inlo the work station. The Fire Department can use their existing antenna and cable, already mounted on the tower, at the rear of the Fire Hall. You will need to add a radio power supply, with battery back up and a privacy radio handset The Fire Department can bring their base radio from the front of the building, in their communication$ room, back to the EDt We will need an NB switch to tell the antenna which position is being utiJi7;ed. In addition to thl:: work for the radio communications, the proposal includes the supply and installation of a TV antenna, mounted on the tower at the rear of the building. This will allow for local TV coverage The total cos11or aJl of the equipment and complete installation is $7,589 plus applicable taxes. 1f you have any questions please call me @ 721-9877. ~b;tA- Scott Kett Point LO Point Communications ~ l):!o~!:w?w':OLA 'CY R.1dio Pealer \ lcs ~ \ TOWNSHIP OF ORO-MEDONTE REPO'RT DEPT. REPORT NO.: TO: COMMITTEE OF THE PREPARED BY: PW2003-09 WHOLE Jerry Ball SUBJECT: DEP ARTMENT: COUNCIL: Boundary Road (County Public Works C. OF W,: Road #93) between City of Barrie and the Township of DATE: MOTION #: Oro-Medonte October 30, 2003 DATE: R. M. FILE NO.: A16-10406 I BACKGROUND: . In previous years, County Road #93, or old Hwy. #11 from the junction of Hwy. #400 to the City of Barrie limits, was under the jurisdiction of the Ministry of Transportation. In 1997, the Province downloaded various highways to the County system and in turn, the Counties downloaded County roads to the local municipalities. When this transfer occurred, old Hwy. #11 was assigned to the County of Simcoe, presenting the problem of the County of Simcoe owning or having jurisdiction over a road allowance that is partially within City of Barrie limits, which is a separate City and not part of the County of Simcoe. Mr. Bill Brown, Engineer with the County of Simcoe, initiated a survey in March, 2003 to determine the location of the boundary lines between the City of Barrie, the Township of Oro-Medonte and the County of Simcoe. Upon completion of the survey and reviewing records, it has been determined that the entire road allowance known as Penetanguishene Road, or old Hwy. #11, from Kempenfelt Bay to the line between Lots 3 and 4, is owned by the City of Barrie. This was established by proclamation in t.he year of 1850. At the line between Lots 3 and 4, the boundary edge between the City and the Township then runs north on the centre line of the right-of-way to Lot 6, which is the north boundary for the City of Barrie and is owned by the County of Simcoe. In August, 2003, Mr. Craig Hebert from the City of Barrie, Mr. Jim Hunter from the County of Simcoe, and Mr. Jerry Ball from the Township of Oro-Medonte, met to discuss options for this road section where the boundary line runs on the centre line of the right-of-way from Lot 4 to Lot 6. Mr. Hunter indicated that the County of Simcoe would transfer the west half of this one kilometre section of road to the City of Barrie and the east half to the Township of Oro-Medonte. This transfer would eliminate the County of Simcoe controlling any jurisdiction over County Road #93, south of the City limits, and \ iJ~()- ~ would also necessitate the need for a maintenance agreement between the City and the Township (the City of Barrie presently maintains this road section). Mr. Hebert agreed that the boundary line remain status quo and the County transfers the entire right-of-way jurisdiction to the City of Barrie. This would also assist the City in resolving issues of municipal policies and By-laws relating to development in this area and remove the need of a maintenance agreement. Correspondence dated September 4,2003 from Mr. William G. Gilbert of the City of Barrie Engineering Department is attached for Council's perusal, along with Staff Report #ENG081-03 from Mr. Craig Hebert dated October 20,2003 relating to this issue. In the future, the Township of Oro-Medonte could give consideration to transfer, to the City of Barrie, _ the 3.05 m easement known as Parts 6, 7 and 8, as shown on the draft Reference Plan prepared by Raikes Surveying Ltd. I ANALYSIS: . Since this survey was initiated in March of 2003, the Township of Oro-Medonte has incurred costs in the amount of $8,345.96, which is one third of the total invoice paid to Raikes Surveying Ltd. An, additional cost of $1,667.67 to $2,666.67 is anticipated by each party to complete the registration of this survey. ' It is therefore recommended that the boundary line remain status quo and the County transfer the Township's half (being Parts 2 and 4 on the draft Reference Plan prepared by Raikes Surveying Ltd.) to the City of Barrie, conditional that the City of Barrie reimburse the Township of Oro-Medonte all incurred survey costs and all future expenditures pertaining to the registration of this survey. The City of Barrie would also be responsible for all maintenance and future capital costs relating to the road allowance known as County Road #93 (old Hwy. #11) between Lot 4 and Lot 6, which will eliminate the need for a maintenance agreement. 1. THAT Report #PW2003-09 be received and adopted. 2. THAT the boundary line remain status quo down the centre line. 3. THAT the County of Simcoe transfers Parts 2 and 4 on the draft Reference Plan, formerly known as County Road #93 (old Hwy. #11) between Lot 4 and Lot 6, to the City of Barrie. 4. THAT the City of Barrie assumes all associated survey and legal costs, and be responsible for all maintenance and future capital costs relating to the road allowance known as County Road #93 (old Hwy. # 11) between Lot 4 and Lot 6. 5. THAT the Treasurer invoices the City of Barrie for incurred costs in the amount of $8,345.96, for . the Township's portion of the total invoice paid to Raikes Surveying Ltd. 6. AND THAT the Public Works Superintendent notifies the County of Simcoe and the City of Barrie . accordingly. Respectfully submitted, r I i )-J GO f'~YVV ~2, \ \ \W-;; \ /r\~\ 7 \_J'.T Jerry Ball CITY HALL 70 COLLIER STREET TEL. (705) 739-4207 FAX. (705) 739-4247 ) ... --- ~~" J: REC~(\JEn SEP 1 0 2003 I ORO-MEDONTE TOWNSHIP 'PTI. BOX 400 BARRIE, ONTARIO L4M 4TS THE CORPORATION OF THE CITY OF BARRIE COMMUNITY SERVICES ENGINEERING DEPARTMENT "Committed to Total Service Excellence" September 4, 2003 File: T05-PE Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2XO Attention: Mr. Jerry Ball Public Works Superintendent Dear Mr. Ball: RE: Penetanguishene Road South of Georgian Drive As per our meeting of August 25, 2003, the foHowing summarizes the actions to be undertaken with respect to the ownership of Penetanguishene Road (fonnerly Highway 11). The subject portion of the road is adjacent to Lot 4, Concession 1 and northerly to approximately 58 metres north of Georgian Drive, being the northerly limits of the City of Barrie, generally shown as Parts 1, 2, 3, and 4 on the "draft" Reference Plan prepared by Raikes Surveying Ltd. as forwarded by Mr. P. Rabinovitch of Graham, Wilson & Green, on behalf of the County of Simcoe, to J. MacIntosh of Burgar Rowe LLP, on behalf of the City of Barrie, through correspondence dated June 18,2003. In 1997, the Ministry of Transportation transferred ownership of this portion of Penetanguishene Road to the County of Simcoe, believed at the time by the City of Barrie to have been in error. In accordance with the results of the survey and file search undertaken, the boundary between the City of Barrie and Township of Oro-Medonte through this seciion of roadway follows the centerline of the road. As such, Parts 1 and 3 would be within the City of Barrie and Parts 2 and 4 would be within the Township ofOro-Medonte, however, an four parts are owned by the County of Simcoe. South of this section, the municipal boundary is at the east side of the original 20.1 metre (66 feet) road allowance, and the road allowance is owned by the City of Barrie. The Township of Oro-Medonte owns 3.05 metres (10 feet) widenings east ofthe 20.1 metre road allowance, which are within the Township. In light of this verification, staff of the adjacent municipalities (being the City of Barrie and Township of Oro-Medonte) will seek approval of their Councils to forward a request to the County of Simcoe for transfer of ownership of this section of roadway. Recognizing that the City of Barrie currently, and historically, maintains this section of road, consideration for full BARRIE 150 SESQUICEN'TfNNIAl.1853'2003 ENGINEERING DEPARTMENT 2 T05-PE tJ\) -4 , r .. Penetangujshene Road South of Georgjan Drjve September 4, 2003 City ownership of the rdad (Parts 1, 2, 3 and 4) will be requested In lieu of continual maintenance and improvement agreements. In' addition to the above, consideration should be }lndertake~ wit~ respect to agreement that any necessary future road allowance widening will be equally split between the Township and City sides of the road and wi}} join with the ownership pf the road. As such, the existing easterly road widening south of the road section in question, currently owned by the Township (Parts 6, 7 and 8, per the "draft" reference plan identified above), should be transferred to the City to join with the full ownership ofthe road. It is recognized that County of Simcoe staff generally support this request and action and will process same upon request from the respective municipalities. It is anticipated that a Staff Report for approval by the City of Barrie Council wi11 be submitted towards late September and that the Township of Oro-Medonte's approval will be concurrently sought. With respect to previous costs and invoices for the survey work, it was generally agreed that the expectations were for a total cost of $5,000.00 to $15,000.00 and that substantiation of increa,sed costs are to be provided. It was noted that the survey work went beyond the area of concern by the County, and as such the original request for services and all approvals of extras/increased costs should be reviewed relative to th,e required works as generally agreed by the County of Simcoe, City of Barrie, and Township of Oro-Medonte. Until substantiation, payments will be limited to the previously agreed maximum costs. Yours Truly, CI/OiARRIE {{I $L5il-1 Wi11iam G. Gilbert, P. Eng. Senior Engineer cc. J. Hunter, County of Simcoe 1. Rowe, Burgar Rowe J. Sisson, City of Barrie R. Newlove, City of Barrie C. Hebert, City of Barrie OCT-28-2003 16:37 MUNICIPAL WORKS-6TH FL. 705 739 4247 P.~l/~~ FEED FAX THIS END 1~-5 .. TO: GENERAL COMMITTEE FAX To: ~"I is.., f I Dept.: <:::::>"0 ~....-t" Fax No.: 4-9+, .o\S5- No. of Pages: 3 From: c;.~' 'J I-)d-.:<-rt Da!e:~~-1 1..~ '.:J.s -- Comp.;! n)': Fax No.: - comments;;\" x- .-1 , I <>'.c.v~ . JJo'?-:!r f8.a c"o 7g0:3S. &':~~ . . ~D STAFF REPORT # ENG081-03 October 20, 2003 SUBJECT: Penetanguishene Road Acquisition FROM: R.G. Newlove, P. Rng., A.M.C.T.(A) Director of Engineering RECOMMENDED MOTION 1. That Council approve the transfer of ownership from the County of Simcoe and Township of Oro- Medonte to the City of Barrie that section. of Penetanguishene Road being adjacent to Lot 4, Concession I and northerly to approximately 58 metres north of Georgian Drive, and that staff be authorized to request the transfer from the County of Simcoe and complete the necessary acquisitions, including those road allowance and widening lands within the Township of Oro- Medonte, subject to thei, approval, identified as parts 1, 2, 3, 4, 6, 7 and 8 as shoWD on the draft reference plan prepared by Raikes Survey Ltd. (Project #6206). PURPOSE & BACKGROUND 2. As a result of a number of development related issues and Ontario Municipal Board appeals in tbe Georgian Drive and Penetanguishene Road area, it has been recognized that ownership of Penetanguishene Road in this area has created confusion relating to application of municipal policies and by-laws. In order to assist in resolving these issues, identification of the City of BSJrie's interest in and commitment accepting to the transfer and ownership of the road is required. 3. In 1997, the Province downloaded a number of provincial highway ownerships to local municipalities, which included the section of Penetanguishene Road from approximately 373 metres north of Grove Street, northerly to approximately 58 metres north of Georgian Drive. The road ownership continuing south of this is within the City's Boundaries and in the City of Barrie's ownership. 4. In keeping with the Province's directive, ownership of this section of Penetanguishene Road was transferred to the County of Simcoe, which was thought by the Province to have authority over roads within this area of the Township of Oro-MedoDte. At the time, City of Barrie staff questioned the Ministry of Transportation relative to the Boundary Limits between the City of Barrie and bordering Township of Oro~Medonte and suggested that it was appropriate to transfer ownership of this section of PenetanguisheneRoad to the City of Barrie. The Ministry did not address this issue and left any further transfer and ownership issues to the municipalities. 5. Prior to this transfer, the City of Barrie had been performing road maintenance through agreements with the Ministry of Transportation. 6. In conjunction with development applications, the City of Barrie has been acquiring road widening along the west side to facilitate future road improvement needs. ANAL XSIS 7. The County of Simcoe, City of Barrie, and Township of Oro-Medonte have cooperatively undertaken a research and survey of the jurisdictional Boundary Limits along this section of Penetanguishene Road. As this area of the City was annexed from the Township of Vespra in 1984, it was determined that the jurisdictional boundary of the City was along the centerline of the road aIlowance, however, ownership of this road section is currently heM by the County of Simcoe due to the transfer by the Province. q~T-28-2003 16:38 MUNICIPAL WORKS-6TH FL. 705 739 4247 P.02/03 STAFF REPORT # ENG081-03 Page: 2 \ f\ (_ FiJe: T05-PE d--~-~ Pending #: October 20, 2003 8. As the City of Barrie is not within the County of Simcoe's jurisdiction, transfer of ownersbip of the section of Penetanguisbene Road within the City of Barrie municipal Boundary is required to correct the err;or of transfer by the Province. 9. In addition, it was found that the existing road widening along the east side and southerly of this section of PeDetanguishene Road, were within the Township of Oro-Medonte and owned by the Township. 10. Re<:ognizing that the City of Barrie currently, and historically, maintains this section of road, consideration should be given for complete ownership of the road allowance, including that portion owned or within the Township of Oro-Medonte, and any further widenings including those existing to the south. 11. In light of these findings, staff of the adjacent municipalities agreed to seek approval of their respective Councils' to request transfer of the ownership from the County of Simcoe and the Township of Oro-Medonte toth~ City of Barrie. Discussions with County of Simcoe and Township ofOro-Medonte staff general1y support this request. 12. It is important to note that it is not proposed to alter the current municipal Boundaries as a result of the road ownership and maintenance considerntions. AL TERNA TIVE(S) I FINANCIAL 13. Staff from the Township of Oro-Me.donte generallx supports this request in that otherwise additional maintenance agreements with the City of Barrie would be avoided. 14. All costs associated with the survey, legal and transfer of the ownership wiH be the responsibility of the City ofBmie. 15. Should the Township of Oro-Medonte not agree to transferring ownership of those sections of Penetanguishene Road within their municipal Boundaries, and/or the City of Banie not agree to requesting or accepting same sections, then a maintenance agreement would be required to facilitate operational responsibilities and costs. 16. Costs related to this issue will be funded fTom the Transportation Account #149-605. Prepared By and Key Contact: w. G. Gilbert, P. Eng. Senior Engineer, Ext. 4300 Departmental Approval By: R. G. Newlove, P. Eng., A.M.C.T.(A) Director of Engineering Commissioner Approval By: J. K. Columbus, P. Eng. Commissioner of Community Services City Administrator's Approval: P. E. Lee, P.Eng. City Administrator City Administrator's Comments: Q~T-28-2003 16:38 MUNICIPAL WORKS-6TH FL. r, ! ....: ~. I:li m',! ~ Ij, ... laei~~.~ ,aiJeIf;.lj ~N:) ;; I ~,;...-:--_....- .-...~.--- -, n ! i, jq L_:1.__ I I I 1 J ~ nUlj g HH~~ ,:.'t) ~ ~.. ~o ~ .." ill , U --~orf.----f I '."N'''''''r'l-'o:..r I ....... _c...,;,I,...,...'I" w.p.P.. 1 .._-----.--, it', t ..... p ~ , t L__'., 1 " , 1" " .-.. _ "'Il -t---.,! V""I 1 ;,' j'" J J II I I ...J / :1,/ -,..""'....,10 ~~iiii :iJ ~: -- ....- i ",,,'" ,I ... II J /,.1 J.' ~: ,=, : :;';;"I~ , 1/ \ 1/ , II , 1/ 'q ;~ :5 1~. ~ ( . ~ 'j' 1;; !" ~ .... I , I I .,,-~ -~- ~, ... '. ~. 11: Q <:> '" <t. .., ~ it 't ct: 'I; :t> J .. l' ...-r..:-.----oO"- -. --r----------.. : .:.~Lt----~- ./ :1: : L. ~ ; (: II': I I':' tl1 il i '.. , ~, ~. 1~: () ? C l> ... . ~ , .~; r ... I ;-T-;--~ . 'i I 1. 1. 'i ~ -_-:..-:::: -:.: ~.- - ~, .. '-' ~ f; ~ ~ c ~ , -----------.. 113 .. Ci ~ ~ I~ 10.1 <.,) :I: c --_!:_--------- ~ a ~ :-:r"_IW..a;:;::::::::::... .. I ~ 705 739 4247 P.03/03 \ 'J() -l TOTAL P. 03 r ."---- )' RECEHJ I" OCT 2 3 2003 .J 0 1 n f ORO-MEDONTE 7' I !.. NSHIP uS... . ~p~ci ~1 progr~m Tour bi] :Bus to Fivrz ~tudios 3 t05 pm Rrzerzption and l:/rztworking in tlrtisans!1 6allrzri] (F'airway i{oom) 5 to 6:30 pm tJinnrzr 6:30 to 8:00 prrzsrzntations and entrzrtainmrznt --------------~~glstr~on-------------- ~50.00 p~r p~rsoll GhlZqulZ or \I]~'(1 For Ontarios bakrz Countri] Fall Gala TU~$dag f:lo{l~mb~r 2~ 2003 tior$~$ho~ (lall~g 'R~$ort fJrrzss: :BusjJ]rzss fltfjrrz Ne.mlZ TIZIlZphonlZ NumblZr NumblZr of ~1Ze.ts \l1~'(1 Ge.rd NumblZr expiry'Be.tlZ ~igne.tunz IY~ -- 6NTA~O'S ...fo(?zs!fa~!ry MNJIKANINC. ORILUA. ORO.MEOONTE. RAMARA. SEVERN Te.b11Z of TlZn (on\?- pCHJm\?-n1 only) Compe.ny/'(1ssoci e. t i on T IZI IZphonlZ Conte.ct \l1~'(1 Ce.rd NumblZr expiry'Be.tlZ ~igmJturlZ 'RlZgistlZr by fe.x to 705-325-6817 pe.ymlZnt by ch\Zqu\Z to Onte.rio's be.k\Z Country e.nd me.il to 6 W\Zst ~tr\Zllt North, :Box 2525 OriJlie., ON 1,.3\17'(13 'R~\lP bCj fridClCj !iov\Zmber 14, 2003 for information call 703-325-4'903 'R.~s!2:rv~ s~ets for bus tour pe.rk in ]owllr lot <Vi~tery nlstrietions/V~8~terien m~el? With Thenks to Our Community pertn~r tIors~sho~ \I~ll~y 'R~sort Oct.,23,2003 ~-- RECEIVED rery f 4211 \ liD - \ Page 1 of2 Oro-Medonete Clerk's Office ~q^- . J~ ~: \1) /' Cc Mayor Cc Harvey Hughes Cc Neil Craig Cc Walter Dickie Cc Ralph Hough Cc Ruth Fountian Cc Paul Marshal Re: Assignment of green numbers Currently I am building a home on the 5th line on Green Forest Dr. This is a no exit street. My new home wiB be the fourth house from the end of this no exit street. I feel an oversight has taken place, when the green numbers were assigned. There was no room for growth in some areas; the numbers assigned were not based on lot size. I purchased a lot that was subdivided to make 3 lots from the original one. The original size of the lot was 400 plus feet. The township has assigned the new street addresses as 55, 55A, 55B. I have many concerns in regards to this assignment, for all these residents. Problems 1. EMERGENCES: What if the A or B if forgotten at either end. When someone is under undo stress from calling in an emergency and forgets this information or they don't write it down, then what. No one should assume anything when it comes to the safety of another. 2. MAIL: I have talked with the post office and yes this could be a problem. 55- Seasonal 55A -full time resident but goes away for a period oftime 55B- full time resident If for some reason our mail gets mixed up, bill important notices etc.. I now live on a rural street and have my own street number and get my neighbors, but now we have 3 addresses with the same number. 3. DELIVERIES: It has already happened with building supplies, the B was left off at there end. What if 55 decides in the future to subdivide again in the future, it would then become S5C, 55, 55A and 55B. I was told that they would resign green numbers at \L\'u -d- that time. I requested at the town office that why not just give me 56 since there is a future golf course on the side of the street, but lam on the wrong side to get 56. I am hoping that council can come upto a solution, before I establish a premenate address on this street. If council can not, I can only assume that this Township and council with take full responsibility for the mental and physical well being of all the residents of:green number 55 Green Forest pr. ' Thank-you fl\\- \ \ \ i \\ lj,;1 I ,\ 0 f . .. , j \ " I i \j v Darlene Whyte 55b Green Forest Dr. Oro-Medonete 905-841-3127 October 3, 2003 N av,{/U3 ,.L.~v{ ,- Attn: Council " J~c ;.!jit}". Ii...'-.'-"'." ...,< !JV~' / DCI, --'. c:L / Olio.. 0 2003 '-~~ I"f~/)A , !:ult'1t.~ vNrt g'}f/P - I am writing this letter to propose that a street light be put up on Allen Street in Hawkestone. I live at 32 Allen Street. There are no street lights on this end of the street. I propos'e that one light be put on the existing hydro pole located between the civic addresses of25, and 29 Allen Street. This light should be sufficient to light the street, and Cul-de-sac. I am requesting that the light goes on an existing pole, therefore, there wil1 be minimum expense. As day light savings time is closing in on us, I would hope that this issue is considered soon. I have lived in the community for almost 3 years, and have had to deal with the township on other matters. I have not been happy with these lengthy issues so far. Hopefully this issue is recognized as a necessity, and wi11 be addressed promptly in that manner. Many times I have refused to go for walk with my young children after dark because the street is not lit well, and I do not feel comfortable walking in such darkness. As mentioned, daylight savings is coming to an end. Please advise me of the outcome of this proposal at your earliest convenience. Thank you! M~~ April Kummer RR3 Compo 502 32 Al1en Street Hawkestone, Ontario LOL 1 TO (705) 487-5284 ~{ tjA ~ Ii) [,'1.-4 : ~ .' .J CAD~' (\ v{ 1\ U ) . )=\J 'J~ \ \ \70 0)\ ( I 1,,--~)"-- - \... I (/ .. (]Y'V"-. / , , rU , ' \ 'f (;:) ~..l "".; - \J lL ."\ '-- ... A I--/L : i ,-,' v \ L\~- Georgian Bay Area 48 Alliance Blvd., Unit 206 THE t LUNG ASSOCIATION Barrie, ON L4M 5K3 Tt;1.: (705) 733-7759 Fax: (705) 733-9943 Website: www.on.lung.cagbay@on.lung.ca Servicing Simcoe County and the Districts of Muskoka and Parry Sound October 15; 2003 Dear Council, !~ J ORa 41. 2003 t---:rpJi;~~9li~ ~-e I - The Corporation of the Township of Oro/Medonte Box 100, 148 Line 7 S. Oro, ON LOL 2XO For the past 95 years the annual Christmas Seal Campaign has supported the work of the Lung Association. The Lung Association was founded in 1900 to fight tuberculosis and continues in 2003 to be committed to the conquest of respiratory disease such as asthma, tuberculosis, emphysema, lung cancer and to promote clean air and a smoke-free lifestyle. The work of the Lung Association touches every Canadian, because when you can't breathe, nothing else matters. I ask that the council of the Township of Oro/ Medonte consider declaring December 2003 Lung Awareness Month. I've attached a sample proclamation for you. If you would like to have a Lung Association representative present when you make this proclamation, please contact us. Thank you for your time and consideration. YOurs sincerely, -kbt/j(,AY ~(j , Nancy Ha4bs Development Coordinator ~ When You Can't Breathe, Nothing Else Matters. Charitable Registration No. 12404 6368 RR0002 01 ifU nf \ ~} J 0<.. Q!}riII in WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: RESOLVED, RE&OLVED, RESOLVED, NOW THEREFORE: ~~- 3Ron ~tehens - ;ffiapor OFFICE OF THE MAYOR AND COUNCIL PROCLAMJ-t\TION LUNG A "WARENESS lMONTH December 2002 more than one million Canadians suffer from asthma; over 500 people in Canada die from asthma each year nearly 45,000 Canadians die each year from smoking related illnesses over 700,000 Canadians suffer from chronic obstructive lung diseases such as emphysema, chronic bronchitis there has been an increase in report incidents of asthma a public awareness campaign is needed to educate the public of the importance of good lung health The Lung Association was founded in 1900 to fight tuberculosis and continues in 200.2 to be committed to the conquest of respiratory disease such as asthma, tuberculosis, emphysema, lung cancer and to promote clean air and a smoke-free lifestyle the annual Christmas Seal Campaign supported the Lung Association's original efforts to fight tuberculosis and continues to help the Association fight all forms of lung disease today; be it by the council of the city of Orillia that the month of December 2002 be proclaimed as Lung Awareness Month; and be it further that the people of the City of Oriilia be encouraged to seek information about lung disease and their role in its prevention and control; and be it further that the people of th~ City of Orillia respond generously to the Annual Christmas Seal Campaign to ensure the continuation of The Lung Association - Georgian Bay Area's ability to conquer lung disease and promote lung health. I, Ron Stevens, Mayor of OriIlia declare December 2002 Lung Awareness Month ~orporation of tbe ~itp of Il&rillia RE '\I~." 'OCT 2 0 2D~~ ORO-MEDONie TOWNSHIL__ \ Y-~ .~~,,--~<--,.._,,,,,,,~~.~~",>_._--'..~"~ 12 Toronto Street, RR#l Comp 903, Oro Station, October 20, 2003 Ms. J. Zieleniewski, Chief Administrative Officer, Township ofOro-Medonte, 148 Line 7S, Box 100, Oro, Ontario, LOL 2XO. Dear Ms. J Zieleniewski, On behalf of the members of the Barrillia Park Ratepayers' Association, I would like to thank you and through you to members of Council for the resurfacing of the tennis court and trimming the grass. The use of the tennis court has increased during the past summer and all residents appreciated the resurfacing. Weare also hopeful that Council will be able to create a separate basketball shooting area next spring. The number of young people who would use this facility has grown significantly in the past year. Again thank you for your attention to our requests. Y"sincey, // /-. .'. /(~.U//~ Ron C thbert, President, Barrillia Park Ratepayers' Association Village Milk Store 2021 Ridge Rd. Shanty Bay, ON LOL 2LO \ \\-\'-\ October 12, 2003 Road and Engineering Dept. Simcoe County Building Re: Four way stop sign for county road 20 & 2nd concession in Oro-Medonte Dear Sir or Madam: I am sending you the second set of petitions as an addendum to first set which was sent to you back in September 14,2003. As you will be aware, the support for the four way stop sign is very strong among residents of Shanty Bay and we trust that you will take our petition seriously. In addition, on October 8th Wednesday there was a traffic volume count on this very road. I would like to thank you for this study, however, I would like to remind the department that traffic volume is most heavy during weekends especially during summer months. I hope the department will also take this information into consideration. Thank you and we will patiently wait for your answer. Sincerely, .________~ '()II Sang-mok Nam - /1 ,) ! , \l\~-y We, the undersigned, agr'ee tho"\' u four'-wuy slop sign be er'ec1'ed ut the corner of the Ridge H,Qod ond the 2nd line, in the vil,lage of Shanty Bay, as requested by MI'. Sang-Mol< Nam of the Village Milk Store, on August 19"1'1'1, 2003. We are concel'lled for the safety of pedestriOlls, and vehicular traffic. ADDRESS REMARKS ~~Ar-JI{ "5{-\.y 71 \\ "'STbP~ - ( {?> bMiq- 10 Vo/) ~ 3~!)d .~. <0A" ~ -fli-Q 111~ ~~::c,~ C~ N, ~~~/ '~_';:Y/;:!~' ~ 13<1,- tf'(.1!/&1/lJ?7/ ~. '::J bq >T6'JEY\.rp:aA\-L.. L'l nt1-\~<;A CN;-, 4 ~ J3oL.(LyJ ~ S H.ttN1'1 1)t-H__ G/C ( ~ U7JP-" lb' vJ~~tr JjJJ anJ4 'r I~ ;; f~1 (!u1t1 !,I[~ . \ '/)j.C. ~.'~ 12..1::. ')3 /flil6t:: ~cI.'';:J'~ .€- ft(/~ f c c,~ f;jJ;! ~ fe! eN .,(1.,__ 1Jiuo OtJM VI ~. /0C1rr V1J~(/). ;~'\'H,^,(~ ql (J,~S+' 6l~. / . ~J./ \ 1/6 Y L-(;J <:> 7-. J~ LA' ~~. . r .J I ~,j-us /~~~r!.-.J jYvL~+N A-(Z~A: Vyl~KOf~ Q.:{fY\A/,...lc (:: I . (1 n 01.;; f,. ~JJ1~ . ,--,~tM-1~ IttldJ1t:MK~L(jp~U ).~ '1 C!tVI'-s.fJ.hf1. IIILI <;~c~al c A'~CM>tJ.. tv'<2(6~qr1' ./6) NAME (prill' t) ((0 ~ rfl.<-,~t:7f"b. : f:;; S f't^' rT11,\u ~. S~~(~ ti Ivt~0 2_ K~'F.h'(V\.. f.\ ~r e-V\.. 1~J?e I} 'w'! A:r'1~ 1/ tv /11 9i7Jfl. t/ cAJ4;>~ \ ~f- 5 VVe, the undersigned, Clgl'ce that a -[oUl'-way slop sign be er~ected ul 'the Cor'l\eI1 of the I~idge Roud and the 2nd line, in the village of Shanty 8ay, os requested by Mr'. Sang-Mol< Naill of the Village Milk S'/'or'e, on AugLlst 19th, 2003. We are concerned for' the safety of pedestrians Gnd vehicu/cw traffic. .. NAME~)n');\'1) 0: g,i//\'~4/G: f 4wiI ~.~- .f- . S JJ KJ~lttf( - -- r -e,le I ~ ..j .aaY-'1 J- A cf t5 (:?. 1-/r:1 y w A j~ v tltfWr0 Le:.u &S S 7.? LA, E.. ~~ ~~J)~ O~~ u~~ ?Jeev ;& 4'.w~ 'lffAoR PfZyc6 ~€.J~ \\-\~{)~ ') . I C4IJL.!.J I CJ y' ~.) ~ KOd CVy\. ;(2 if fJ() (~ L. RvV\ l (\ ADDP.ESS SIGNATURE <:YH c:(./~ ~~ ~ (( #=- ( 7J t(/) '517+'/0.0 ,/(Jt/ ~-fGL;Nb ;?-~~ f& 2 OfO~ ) -!J~#0 f1-r-1 ulU 13 '27 ~~~ fl\\d~e ~()(A~~, . ~ 8I"()j~tfrtd l)L A;rt /(V!-f/c 1-..pto..JKEskw~ f:v.A,/ ~ .y.J ~ >' ~78 P W ,q f,,:V/J.J 5 c; )J~J R') cf?,1f-,wfJ7 J';d fj~ ~ ~V'~ '" (d AJo.LJ~ ~CA- 'I--W; Sl:p' az/ L ,,~.,.. 5 / ""'" / 4'/C :5. I 1 ) /3 cJ..Jv(J- ~ . r< 1?;tI::3 s ~ ~rvy'1 ?<- .( 4. Jy ~eb o(\K CR~ S Ibw/J-z j) J.J fZ ({)14J S'{t1-17dJ;V (.L\2.-l s~~" ~ R ~ ' /JRjl( ){-fV1viti /(J41 , )0 Keele{ Q oC ~/~"~ v'hztf)ic~ /:.(EMARKS -3 s;1o~s . 4b 5-7'0/ q '! j'/1Q cI B .. J >/c)/~ t;t. li-, /-V r' ::h;r ~ ?~~-- 7 / u~~.....-t- ' ~~~ ~,.. tL L{ 3 w A-L/ >=-oo-p , ~ lcy -~, 7~ 4 ~0 5-)-7>/ 2>.f\::Fc::"'f'l F QR t< 11: ~C=c:::\) LI uJAc \.1 ")\ IlltOtlMtJF I JjIS r;11 f07'7' ft P5 ;; StlFI::: ~T[L C TS-! (/.2;) --'._--,,...'. / \ ur I \ -r\ - \() We, the under'signed, agree that a -roup-way stop sign be erected at the cornet.. of the f<idge I~oad and the 2nd line, in the village of Shanty Bay, as requested by Mr". Sang-Mok Nom of the Villuge Milk Store, on August 19th, 2003. We are concerned for the sufety of pedestrians and ;vehicular" traffic. NAME (pri'I\-1) Ap 0N/Voh..I...( 14 ()'- ().. h LA-' 0 U d $.. ~D'Q S(~q~f ) _4Rr<" \ /-I... / ... '-.bv... () >v' t) ~.V\o.. KtArlz.. I\l~ 6~//.L1/G~A/ ~ /-?Jvl /i-)/ ~ ~-<l-lL n~~ )(](p D J ,<.6 Y I.) 51wt D~..,~'t ; '-'-e( "i -FV t7j e1- r~ {t1 ~ ur.f/h.o ADDRESS SIGNA TURf 13/k--/7-('..~A"I'f~P 9~ ~c:: . j.. >>IJ-.-/i' .,f" oR P ;2. '? ~ ~~~ ,:-; /'3 P-(.AIA.-L'J..{lA"fv.-U:-/ f' ~~~~JlJ .>d C1~ (br, C;' Yl1tAc- A r)- v-~ 4 ~w~. /?1J< ~~~-z Sil: j!-",,~ R /J (j; I\idl'( ~c. '/(Ktd .3 5j'-f~~ L?/ ------- :20 ~~/.-V~ 6eE'1 . ~. ~L~ d-(5'5.- \6.d"'iL-IU (.0 ~ '0 ~;; 4;(- ~,('3 ~ &J ~ LJllL-II+t1S'T -- <2 / /) j -( c;tflHu't ( 0/9( #,-k 01.1::11) M / O'(V.)171 tll A~ 3D ~<'-Qf'. f?d -. A _ , &C""'-X1 C5cy .--c- '2? /725d~ ,/1-'1'6 L;( S So.,J{ s~. ~+ ~ ~7 A /. · fl (31( I A'" C-j2/\ I-C1"'FZ( , f&. W~--..n)'- ~ REMARKS ,./7tr-;!/~ ..-?"~..e~,( . < t ( .... SlJ~1 ~ (b.JJJ ~ ~ ! 4/P?_ce ;;';A1<r 6> ..~.A!Z" / 5 /< 14 <.- c- CJ . "b,:1cl","" ~\( f\t'cr:>5-"r. b ""S" , t> <.... cA. t!" ..-.. "\,, Q Ou) tj)kJ4 I cr ~~JL- . / //lJ t.' " , (' \ '1T-1 We, the under'signed, agr'ee that a four-way stop sign be erected at the corner of the Ridge Rood and the 2nd line, in the village of Shanty Boy, as requested by Mr. Sang-MoJ< Nom of the Village Milk Store, on August 19th, 2003. We are concerned -ror the safety of pedest,rians and vehicular' traffic. NAME~)ri)f\t) ~~~~ . '~f"^' O~ \\\o.\'\L C~\~o,c\ ?-\?..\\\ ~\'G-"",~~ c!l'S' u-- L0 C>\.j\-v.> l J-J.-1 k\'f'e- ;}. <;'q L:m.~csA~L\\ ~- C1! w ~ I \ \ <<.;'"' st- -JaHll!tcA,n/7Vf Nt w,;/t"",;) ~/!~ M I CUf\1!L PA(U!(G.f) 1,1 {] UKlL/b(l.C":.>} --f ~~ ~~ flfi- 1--. .. ~ -' .JG>( OArJTUf\o 1o~ -I'}v (}\Jwut.H t ~ kY15~ ~k !gC;w~ii:(u~)+ ~~ ,AR'O L.- .Ii N1;> L;:r? '5.6 Y ):/: /) (p <2 L 2 L~ a#,/1iu.,g~ \~ ~t;QQ ~4~~t; I l 'i>o')- (L~L (Lc(! i A. tJ~ ; Q.iL~ I t;lA,,'~ )PI-,-\ 1)~ r w;.ili/l.v.\ Sf. 4'~ .J Jj(.!l3/4-.) 6~1Af1 '3; ~-vvtz f( O( I {J ^,w~/()~Vb J k'^'~\~ <;"'\,:\10-,,- 1?8bA#wt-- ~~~uY~ '~AflA- QU(!.I nl( l-LIC ~ k~ /1 cOuV\Ct I cL G,~U\~t> ~Lti-I vi, \ DctfMll ~ CL -<- f ,',,- "p O~ , . J!-S~ ~ :11-(2 t\ ~ K:~.J ~3 s:'~'~ REMARKS V'€/l ( tv-p{) .-~ 't- ~. lSL~S <--P ~ .~ ?Ii,. /' i ./ ----- ~~~ SA,1::cZ:l-l( ~ l c(,~ '551.-( e - i.sfec;u..I~ (J "- fkw4t, t' uJ(~! I/! \~ We, the undersigned, agree that a fQur-way stop sign be erected at the corner of the ,Ridge Road and the 2nd line, in the village of Shanty Bay, as requested by Mr. Sang-Mok Nam of the Village Milk Store, on August 19th, 2003. We are concerned for the safety of pedestrians and vehicular traffic. 4 j} NAMEipr;>i\t) ADDRESS 2ATllRE REMARKS . . '!~v:# . '7 ~~. ~j~ ~11Ly ~~1J )/~ 5/~1'-Y hAy ~,?-~ cJVJJL-fG~v~ 5t-UWT'( ~A-'I ~~t\1JD 0 \Ce ~ ~ ~LJ 5~~ Cj]uUA- <f)Lw~ ~ ~ 0Ye!-&VUL 'J- ~cltJ't ' r- /' B I-.p",.~ 7s""rf.t.. ~ T~(/ C!!" v- if tV' *"wI A~ro-S~; It CjCf ;&,hs '&}~ W\vt\q furbeS ShQY\-\~~'1 JV~~' ~ cl7 A- \ \ Llrd -I q rZo.\ K~) ~ j /tv.J 6JJih. ~i . If- f?~mFjC1~::L \ OJ~l S.H f-J1\! 17 f (51-1 '/ . j & ~AF~ /5S~UlJ' ffs iff I1j~1J 1/ f +/4 ," . \ (/5) '-........ \,-\ We, the undersigned, agree that a four-way stop sign be erected at the corner of the ~idge Road and the 2nd line, in the village of Shanty Bay, as requested by Mr. Sang-Mok Nom of the Village Milk Stqre, on August 19th, 2003. We are concerned for the safely of pedestrians and vehicular traffic. NAMEipr......I) ADDRESS SIGNATURE REMARKS ~d\2..llt C1\,l~IM .;;01 LW'LIiI.lE $cu-l ,!illvt~ ~fl{IS 1/., ~Ve~ a. "7 g- 1J+<<E5(#k (!-.A.ui ~ AJe. Ka t( .i:;" ~ -rtf Ho.J- J-,~ 'fIM-GI ~-r7.-G~>i.M: tbl1.A-I<g~ 'I S5~(AAY'(~'Pc) 1t-6~{'~-J ~~u-d-cY) ~ Ji,1Akt J.J<:'Ylh <(2. CI.,,~U f-. --1 ue · ~ .~.IS~~ ~:o\p'0~ DAIIll) TfL^CC/ 27.. 'T7 f.1D&~ - W}!1J{;. We:\T') LZ.g( jZIy61. ),.. ./II k .tf" v'~'r" en> Cr . WILt../ Yh1"1 R ~ I AI. LJ II/~ S' (r/fhJi'1' 6'>. ~ {(> lEA /J1 Rr- 't> D tJ (1 L- b nftilfl,J CI\I1L '1 MGulJA =1 IIjJ IfJ lo-J.6w"r"~~ ;Q31~~~LiJ. ~J2A f'~3~ rj~.d ~ [.1 \5)" {D ~ ~~~ I v v: >- fJ. (j 4~y. qlp VJ~~v)t. I r' J~ /r;f~ . q~. rr~ ~%Qj( \QP\\~~;' ~ 6/W-111w>J L/-~"JiJ- L!. \ ). ~'JI>J-, J-r- &JJ /(&kpo;!i . / / 91 ~ttq~ I ...--..... . {....-_ c \~ - \0 We, the undersigned, agree tho"I' a four"-way slop sign be erected at 'the corner of the Ridge f<oad ond the 2nd line, in the village of Shanty Bay, os requeS"I-ed by MI'. Sang-Mol< Nam of the Village Milk S"I'o'''e, on August 19th, 2003. We are conce,"ned for the safety of pedestrians and vehicular" traffic. NAME(pri.i\"/') ADDRESS ~ELL 'I ~6C:S ~\ \ q ~tLE- e:t 7)0",,- Cc.~J.'c 43 Q 'I3r, 'e I'l II' C it- p~ '\ t. v{); MYNA $m\T\-;\- e~~ ;tAti f If 6 L r /YJa Il r AVlL fv\ Ii -i \ (\ SIGNATURE REMARKS ,(~t~ GeeAT IDE-A . ~ ~ ~A r-r--j t::R.~-r '""Ak ~~~~ P k&. k:.d ~ , ~~ ~3iS/I&/~ sId, rd' I /ffY~ \ '-\$1 (l \ J-~IL 1111,10 I f5w( "" ~ I \ ) ... ....-,..-- ;<. I eN -Sa. \f,r-"SI c:wJ 5. 7 pc. Q.(llr '\ f)A{(RIE fl.- {2. {j I ~ tztt '1-1YJ~I"r:J Lf1 RAt tJ? s srr- ~"".mlf'~"''''~li l qb3 :R.dqe ed C2 :dMcc ~d . b~ ((11 I2d w -:JI1rVJ !f)b~).j AJ<'::?,&1flWJlfJ. j;n.e fun ts ,3 ~(ICIJ ~y'/ r 'S/.drCI>> [Xl " (J f} l-- -rg& 13 ItCI./-IIJ J J '-I j212-!f~ 5'i7a->-d-v( . .. ~~ ~~ " ~ k"o;" l"""'1 .1~i~~q,6."~.. . (Z:~. V~ .~. ~ ~ck. Ln-, \~ "', ~sfr I &J)~ UD:1'~1 ~ ' ~. :c(;~( Hal 5hi: L1 I PJf-( ~/~ ~uov . \ D~tS J~~\A ?,<: ~lffl,C (bD 1'l:J ~J~'V . "( l.J AI.-.NUr oRI ~ 0-1l ~c.J-- S /J-L;; bCJ(;(J( / dea- . Gum! 1h{/~ .~. . G (<:.-Q.. \- (b c <\... Lo~ +( ~ fJ..Q{(je( 'fJO<>~ .)~ : . \ \ GOO.t> ) b\.1\ .. f ,/( \- -"" / NAME( PRII.JIJADDf~ESS I(d ttnn 5- ;\.A~ ri :"1Y\tk'1I5 1;1 ~ I { (~*^ f::. (\---~ ;;rJN'f j(tA6oK S3 qQV\J1t1i\J fZD ~\.A ~~~~..-e ~(\A--e.(~s,~ c- .!\) ! b _ /-1 ~ ( d .Q../V A/\ L S h -erJ't; 1/6- vwQ~ (N\\llWW\ sf- ~ k ~ 11.o-"-(J.Jcx.- IYSf t../--,<!.-I s-th ~ ~ ;;:J ~.I t.. /70 ., rn oR yy. <7C - ([J ~ -, j q IJ/ rOIL 107 kAKESHoi2E \~y lAJESlO1J l? G5JvCtY1 &4. ~- t(Ll/\S::h(AJ-c.- Jqqo Bdf--Rw JiJw~~Av1A~JA( ir",,-zj J)IC./~ (,,7 . / Vow /17V 1<0. ~;ry ~tEtJAKrtl 111~/?U) 4~ · vtllcNJA-teic 57m3 0 m AICT/Io/C; /7' ~ 1l'-r'-~ Bdff'< ly- :J Lo-o;:C:M, U. / fQh~+ fLf/;.i'f? J GL~ ti,( .1- . ,~~ . tVJ~~~ ~1Jfd4~<4U1v I3I<EJJbft /l11{f)5 7?R3 .;;j//j1JTff t:5/Ir '- b~ (V. J3>f.,A- LhlO( (5) 5 f.f eLS Vfi-f[;/- /If ~ ~ ~/~ ~~ Gclbvr .-/ .. \ l\~ - \ \ N\~3. \\\N ~)~\\t f~EMARKS / 3iJ7 BL4JKi 'S:,~ 'S~<S~~~ e:' .A-" \ ~.\ \.clQq,. ~\ CJ -1r.~ 5+- ')'5 GOWlL~ f(c-f. ""- ~-I- (VI-- . 1\ t:, A 8c0"\ Tllv\. E ~~-?~ ~. Gr~t iJ. e4 [ G ~ ~~11fl4-' .~ ~~L~ .{; G>c:9 0 - /'....7 "~I \ '-... ~ '", ~ ~,,_._.,.~ Dwight & Audrey Evans Hawkestone Ontario, LOL1TO Home Phone 326-1653 ILl 1- #848, Cone. 13 N. R.R. #.1 J October 27, 2003 RECEIVED OCT 2 8 2003 ORO-MEDONTE TOWNSHIP Mr. Nick McDonald MCIP, RPP, The Corporation of the TOVvl1Ship of Oro-Medonte, P.O. Box 100, Ora, Onto LOL2XO Dear Mr. McDonald, On reviewing the official plan relating to the Oro Moraine, I find my property (pt. lot 11 & 12, Cone. 13) in the township ofOro Medonte is zoned "mineral aggregate". This was removed approximately twelve years ago and monies were received from the ministry to rehabilitate the pit as they said it was an inadequate gravel deposit that remained. The rehabilitation was complete. As this piece of property (approximately 7 - 8 acres) is unsuitable for agriculture, I would like to have it, if possible, zoned "rural residential" I look forward to your response. c:J'nf'e-rph, ~ >>- ._~ ~,~~-t ~ c.c. Ruth Fountain, Mayor and Council Oro-Medonte Township. OCT-28-2003(TUE) 12: 1d P 001/002 . < Im~~1 Bur&r, Qowe LLP Barristers, Solicitors & Trade Mark Agents IY h- \ October 28, 2003 . . \VITHOUT PREJUDICE BY FACSrMrLE ONLY: 487 0133 Marilyn Pennycook Clerk The Corporation of the Township ofOro-Medonte 148 Line 7 S Box 100 Oro, Ontario LOL 2XO Dear Ms. Pennycook: RE: HILLWAV EQUII'MENT GRAVEL Prr PROPOSED HAUL ROUTE BY-LAW FILE NO. 017Y16 Thank you for providing a copy of the draft staff report with respect to the above noted matter. As you will note from the Deputation made to Council on October 22,2003 with respect to this matter, one of the objections that my client has with respect to this proposed by-law, it that it usurps the authority of the Ontario Municipal Board in dealing with the merits of traffic issues in lhe context of lhe forthcoming hearing dealing with the rezoning and licencing of the subject lands. T note that paragraph 6 specifically contemplates an amendment to the by-law and the execution of an Haul Route Agreement with respect to roads which are not currently designated as hau! routes under the by-law. We submit that il would be fair for the parties involved to allow the Ontario Municipal Board to determine the appropriateness of the proposed land use and its impacts, traffic and otherwise in a hearing. My client, the Township and others are parties or participants and everyone involved will have the opportunity of leading expert evidence and making arguments and submissions to the Board with respect to such issues. As I indicated in my deputation, T have my clients' instructions to commence legal proceedings against the municipality with respect to the hau! route by-law upon its enactment. We would very much prefer to avoid such litigation as I am sure would the Ninoty Mulcaster Street, P.o. Sox 758, Barrie, Ontario, L4M 4Y5 Ph: 705 721 3377 Fax; 705 721 4025 Burgar, Rowe LLP is a Limited Liability P<Jrtncrshlp registerod in Ont;Jrio continuing sincr) 1867 www.burgarro WOo COin P:Jge 1 of 1 OCT-28-2003(TUE) 12: 1/1 P 002/002 .... ~ 4 .' " l[P)lt~1 \q~ -~ Township. It is submitted that a reasonable resolution of this matter would be for the T ownsrup and my client to enter into an agreement that the parties would be bound by the o,utcome of the Ontario Municipal Board hearing with respect to the tramc issues, inter alia and. that in the event that the Ontario Municipal Board sees fit to grant a licence to my client and to rezone the land for aggregate reSOUIce operations, that the parties would agree to enter into a Haul Route Agreement in the usual fonn (1 believe substantial work h<l$ already been done to advance that goal), and !hat the Township would undertake to amend the by-law to include the requisite portion of Line 12 North as a To\VI1srup haul route (A) within the terms of the by-law. - . This would allow the most appropriate forum to deal with the merits of the proposed use by my client of Line 12 North as a haul route. Please advise if this proposal would [md favour with your Council. We sincerely hope that we may resolve the issues raised by the proposed haul route by-law without litigation and we submit !bat the above noted proposal is fair to all parties concerned. May we have your Council's response <l$ soon as possible. Yours very truly, BurEPf.Rowe.LLP ?f..-~\L Per: Tan J. Rowe Isw cmilil: cc; cc: cc: S IV ise@burg:J.rTowc.com Glen Stewart Gary Bell Chris Williams \ Y .. -I , MARLEY GREENGLASS I 37 BOBWHITE CRESCENT TORONTO, ONTARIQ M2L 2E2 October 20,2003 . . Oro-Medonte Township 148 Line 7 South Oro Ontario LOL 2XO Attention: Mayor Neil Craig Delivered bye-mall Dear Mayor Craig: Re: Lakeshore Promenade Concession 11, Plan 626 My home is located at 75 Stanley Avenue and I am one of the members of the working group that has been working toward resolution of the issues surrounding the Promenade. I am very upset about the process that has occurred regarding the Promenade. Very few residents in the community use this area and the people who do use it are not being heard. This report is far more complex than meets the eye, and each point has serious ramifications. Lot line delineation should have been discussed with the working group before the report went to Council. Ruth Fountain has done a wonderful job responding to the concerns of all residents in the area. She has attended every working group meeting, repeatedly spoken at length to residents about their concerns and has, in her honest manner, tried to bring peace and harmony back into our community. Recently all her efforts have been challenged because the deferral of the report has had an adverse affect on her efforts. This report should have been brought to Council months ago and not submitted and squeezed through so close to the election. This has put undue pressure on Ruth and on our community. Some members of the working group were totally unaware of many undercurrents throughout the working group's meetings. The report to council included a section on encroachments. It talked about removal of property and/or lease agreements. The residents in the community should not be deciding these topics, as encroachments are personal and private issues between each landowner and the Municipality, and should be removed from the body of the report. Leasing land and removing property are very sensitive issues and must be handled carefully to avoid antagonistic feelings that can destroy the fellowship and compatibility of our community. I U" '\ \ ! \-'~ The Municipality and the homeowners know where the. property lines end. The property lot lines are so uneven and vary in distance from the water that they have no affect on the formalization of the Promenade's walking path. On the original sub-development plan there is designation for a Promenade, a road allowanc,e. There a few individuals, who out of principal, have relentlessly tried to insist the Municipality cut and maintain all the area they own in this site. Delineation between public and private lands and Municipal maintenance (a yearly and ongoing cost) were never raised at any of our working group meetings. '. Our group was told we were formed to discuss the formal walking path that, "Council wanted to install on the Promenade walking area". No member of the working group wanted a formal path. Extending the current pathway to the lot lines would mean cutting down trees and hedges (some over thirty years old) at economical and environmental costs. The site of this path was always at the natural tree line by the waterfront. At our working group meetings, there was never any thought or discussion of it being anywhere else. This has been the path for over thirty years and it is easily recognizable in its existing state. The report could have been kept simple and that I believe would have been in the best interest of all the parties involved. Phase One: · I recommend that work be done immediately on the Blackman road end to make it accessible as a water access for handicapped residents. · I recommend that Simcoeside Park be maintained and given a "face lift" and the issue of stagnant water rectified. · I recommend (in the interest of safety) to barrier, stop up and close the Promenade to vehicular traffic (i.e. snowmobiles, etc.). I do not recommend that the closure of the road allowance be officially registered by invoking bylaw 101 (1), because as a road allowance it serves as our only access to our back lots for repairs to our wells and septics (on our own property). · I recommend that the walking path be left natural with delineation left natural by using markers on the trees saying such things as "Poop and Scoop" or "No Vehicular Traffic". · I recommend that the entire walking path be re-graded and re-grassed were necessary. · I recommend that bush and brush at road ends be trimmed and maintained to provide easy access for fire and ambulance emergency use. I will be out of town at the Council meeting on November 5th that will deal with these issues. I hope my concerns are addressed and our community can live in peace and harmony together. Respectfully submitted Marley Greenglass M.Ed. OCT-22-03 WED 4: 35 PM HILLCREST MALL SUIT 2J2A FAX NO. 905 884 2655 P. 1 ,y~ ~, >if r. 3- ~..: ~~ ~. 'J; .. ...... .~. ..' '~ Edith Pallister 431 Pallis1er Cl'eSI:Cnl SOI.nIt Richmond Hill Ontario L4C 1 &2 ,~. OctohcJ'~2, 2003 .' By Fax Only To 1-705-487-0133 (2 Pnges-No Cover Sheet) / ~1\0~ " ., .;- , Township orOro-Medonte P.O. Box 100 01'0 Ontario LOr. 2XO Mt: Chief Adn1inistrative Officer " 1- Dear Sir/!\,1<1dam: .' R...': Proposed Public Beach - Fronting 65 Stabley Avenue, RR#2 Hawkestone I. Edith Pallisler, am the registered owner of 65 Stanley Avenue, RR#2, Hawkestone being 1.01 .11. Plan 626. Oro-Mcndonte. - J lIndt:r~I,U)d that the town$hip is planning to develop a public beach on the roa.d allowC)nc~ ill (ront of my cottage. [wish to express 111Y concerns regarding this proposed developrncl1t. !-'inn!). CIS you may be aware there was a problem in this area relating to certain typcS or l.:\'imin;\l b~l1avior including the public use of alcohol and drugs a few years ago. This problem CHn he ':"PI..'(l0d to rc-occur if this area is openedupa.sapuhlicbeach. ,\ s:-:ociatcd with the above behavior is the related issues of noise, litter and rowdiness. I am (onl'cn1l:d that the beach be properlypoIiced and maintained incJuding the control of gurb(lg.: <Iild rcJ({ted Jitter i11c1uding discarded beer and liquor bottles. ! 1:1111 further concerned that related to the use and abuse ofaJcohol and the use of the beach in gcncruJ is the issue of the physical safety of the public. Broken bottles cmd s'Wimming while il1loxicalCucan result in injuries that I fear J may be liable for if the injuries are sustained by rl.:rSOI1~ trcspassing on my property in the course of using the beach. Next. i am \:onccrned about maintenanc.eofthegra.ssyarea that abuts the lake. In the ra:il IJHIVt' mHil'\tain~d thi~ area and cut th€= grass. If this area is turned into a public beach I can 110 h)!1ger l11ain\i.\il1lh~ area in that 1 may be consideredanoc:cupier and liable for damages ifsnlTIt..'one i:- injl\r~d in any wa.y. Page 1 of2 ,"" OCT-22-03 WED 4: 36 PM HILLCREST MALL SUIT 212A FAX NQ 905 884 2655 Page 2 01'2 P. 2 \ YI-.?.' ~ :i ~.;; ~u :~ '. .:~. ,. 1 \.\,ollld also point out that there is well overflow pipe which drains onto this area which make~ it unsuitable in my opinion for a beach. , t . t .. .' . . J W{)llld appreciate if you advise me hovv tl1etoW1)ship. intends to address tbese iSSlIeR and spcdjjcally ~xpla.in to me why in the townshipl~ opinion thisarea would be a suitable location 1~\1' " pub\k beach. . . Your~ Truly ~~ blilh Palli::;ter ... 4. " ." .,. .;~ " " " ~~~ . , . " , , ..; - /, ", ,- .. .~ . .' 23 OCT '03 06:45 CARQUEST-0219 P.l [Pv.;;flR D Pfi"J.../ST~ If 4-31 Pfih/~E~ QR .S- P..r CHMOtJD HILL, [)}1r ~~ c J 5 ~ 'TOWNS'" (? of ORf) - MED OjJr t: I \ l.\, k. .' 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J P_ 'jD () Rt; 'fRvlY ~p~ \l\ ~ ....;\. .~c\ \ 90~ October 29, 2003 To The Mayor & Members of Council Oro-Medonte Township 148 Line 7 South Oro, ON LOL 2XO . . Re: Township of Oro-Medonte Department Report #ADM2003-047 IlWe are the owners of Lot 226, Plan 626 in Oro-Medonte on the 10lh Line. I am writing this letter to Council regarding the above noted report, prepared by Jennifer Zieleniweski dated October 151\ 2003. I Our cottage has been a family cottage for over 60 years at the comer of Stanley & Lakeshore under the "Bittner" name. We as a family have enjoyed many years at this location. As youngsters we walked and played at the Promenade with our Grandparents and Parents, because our cottage is not on the waterfront. Today as property owners we always enjoy going down to Blackman to go swimming, and we frequently walk the Promenade. IlWe are in total agreement with the excellent report written by Ms. Zieleniweski. This report contains outstanding resolutions to the Promenade issues. We were very excited to learn of the plan to enhance the Promenade and to allow residents and neighbours to freely walk the pathway. It is especially exciting to learn that Blackman will be turned into a small beach and that the slope down to the water edge will be removed. This will allow our 78 year old mother to get down to the water. We have always taken pride in our community and surrounding areas, and I believe that the recommendations setout in this Report will enhance the community and keep the area beautiful for generations to corne. I/We would like to commend Council and the Working Group and Ms. Zieleniweski for an outstanding report and making the recommendations to Council to keep the integrity of our small community. Well done. Respectully, Colleen & Elio Laraia (nee Bittner) Nick Bittner Pa~e 1 of 1 Jennifer Zieleniewski 14Y))-\ From: Mayor [neil.craig@oro-medonte.ca] Sent: Thursday, October 16, 2003 11 :05 AM To: cao@township.oro-medonte.on.ca Subject: Fw: Promenade Plan 626 "" ----- Original Message ----- From: Vicky Shepherd To: Walter Dickie; Ruth Foiuntain ; Ralph Hough; Paul Marshall ; Neil Craig; Harry Hughes; Don Bell Sent: Wednesday, October 15, 20034:54 PM Subject: Promenade Plan 626 Honorable Mayor and Council Members: I am faxing my documentation outlining my concerns with regards to Plan 626 and the Promenade. I would very much appreciate if you could take a few minutes to read and review and I would appreciate and welcome any comments or questions you may have. Thank you for your time. Mrs. Vicky Shepherd ... ... It'" II"'\AA""J \ l\ \'0, ~d- To: Honorable Mayor and Members of Council Date: October 15, 2003 Re: The Promenade From: Vicky Shepherd I reside at 63 Stanley Avenue abutting the Promenade. I was chosen as one of four from the front lot to represent the" front lot" in the Promenade discussions. I would like to state that from the start I did not feel comfortable representing the entire front lot of homes and that as taxpayers all persons should be able to be involved in the all ongoing negotiations that directly affect them. It was made clear from the start that they could attend the meetings in the audience but would be unable to contribute at said meetings. There are also four representatives from the "back lot." Jennifer Zieleniewski chaired all meetings with Chris Carter as her assistant. We started out as a "steering committee" and requested that minutes should be kept. We then became a "working group" and no minutes would be necessary. We have met three times in the Township offices and had one site meeting. The idea of the steering committee was to assist with solutions of how to best spend the $50,000 that was directed to be spent in this area. Jennifer is delivering to council the "apparent" recommendations of the group. I say "apparent" because each meeting contained threats of Jennifer's worst case scenario for the abutting homeowners and then when a so called compromised scenario was presented we were supposed to be accepting of this "better" idea. What Jennifer is presenting is of her own manipulating. We were asked what we would like to see and then told what we would see. The group unanimously agreed: 1. Leave the promenade in as natural a state as possible. 2. If it must be delineated - Jennifer and Chris suggested large stones placed in the ground flush with the grass. 3. Close up the ends to vehicular traffic with the exception of emergency vehicles and if and when necessary trade vehicles that may be required access from time to time to service existing wells and septic systems 4. To improve access to Lake Simcoe, including possibly installing a seasonal dock at Blackman. Throughout all meetings, Jennifer has reiterated that these. recommendations are a result of complaints the Township has received from persons having encountered problems while walking the path. I personally have inquired as to a log of these complaints including dates, times, frequency, details of complaints and I find it hard to believe that $50,000 is to be spent in part because of these complaints yet there is no log to justify or support the expenditure? The front lotters have maintained the promenade for years - we cut the grass, clean up branches/ debris after storms, rake the leaves etc and there have been numerous occasions that the we could have called i.e. people walking the path with their dogs letting them run loose, pooping without scooping, garbage never being picked up but we did not, and now in hindsight we should have called. The Township has apparently only heard from backlotters and have acted on the complaints of a few and we have received no consideration or compensation for our years of maintaining this area for everyone's enjoyment. " '. Jennifer has stated over and over liability is her greatest concern and the safety of the people walking this path. Every recommendation that has been made will only increase the liability for the Township. A dock for someone to break their neck diving head first into, stones in the ground for someone to trip over and crack their skull, a lookout over the rocks at the bottom of Simcoeside to tumble off of? We have an empty lot in our subdivision sitting completely empty. Why would no money be allotted to do something with a grassed park? There is nothing in the neighborhood for our children to do. We have the one set of basketball nets at the Community Hall and absolutely nothing else. Jennifer made it perfectly clear (we have no actual documentation confirming it) that we are to make no mistake the Township owns this land and possessory interest or squatters right do not apply. Yet she noted, in the walk thru, several old cement boathouse foundations and cement steps and a recommendation is forthcoming to have the abutting homeowners repair / fill in said foundations. If the Township owns this land as Jennifer has emphatically stated, why is it suddenly the homeowners owness to rectify this problem. I have spoken to Brenda Robinson, of the Ministry of Natural Resources, Brian Kemp of the Lake Simcoe Region Authority and Bev Brown of the Department of Fisheries and Oceans and they have stated in no uncertain terms that prior to any work commencing upon the shore - an application for review must be initiated, a biologist must be sent out, work permits and/ or a letter of authorization must be . \ applied for and it is a long and involved process with good reason. There are very strict guidelines that must be considered and adhered to. They also reiterated that there are certain time frames in which work can commence and be completed within. They requested to be kept informed of anything that may be attempted without proper consent because tl}e:r;e are hl:lge fines ranging from thousands of dollars to one million dollars and in extreme cases; jail time. , , , Jennifer walked the property with Department Heads and the Fire Chief and it was noted that there were fire pits on Township property that must be removed by a certain date. It was also noted in the letter that there is no open fires permitted in Simcoe County yet the frontlotters were the only homeowners to receive this notice because they were the only ones visible on the walk thru. I find it strange that if they drove down the 10th to Stanley Ave. for the walk thru or on any given day, they should have also visibly noted the huge liability of the absence of any shoulders along this road. I suggest that the same trip be made in the winter. As well, if the same drive was made during the evening hours, they would also notice the absence of adequate street lights in the subdivision. It is pitch black and extremely dangerous for kids walking home. The working group has been asked to submit recommendations without any information being received in order to make intelligent, informed recommendations. We have no idea of costs, of the suggested stones, of putting in a dock or the look out, of the cost to abutting homeowners if they are to apply for a lease to lease certain sections from the Township if mandated, of the daily, weekly, monthly, annual maintenance if these recommendations are implemented. There has been a big emphasis on getting this report to Council before the Election. This is not the way a huge expenditure of this nature should be handled. The taxpayers of our Township should be notified of public meetings and their input must also be considered. What is the big rush. It gives your constituents an uneasy, distrustful feeling when issues are being rushed and attempted to pass due to an election. We did make our feelings of being kept in the dark regarding this matter well known to Jennifer, The Township and Councilors and to date have received very little response or feedback My personal recommendations would be: a) leave the promenade in its current natural state b) if it must be delineated - can we not utilize the same markings on the . .. Y~0. - 5 d) trees as used along the Bruce Trails or the biking trails at Hardwood Hills? stop up ends - with exception of emergency vehicles and trades if n~cessary to complete any repairs to septic systems/wells further public discussions be held with all persons being allowed to speak and contribute in order for an informed, mutually agreed upon solution be implemented for the entire community's enjoyment for years to come. c) , Unfortunately, this attempt at a fair, democratic process is whatis in need of fixing and not the promenade. I am very unhappy with how this entire process has been handled by Jennifer Zieleniewski. Respectfully, Vicky Shepherd From: Mayor [mailto:neil.craig@oro-medonte.ca] Sent: Monday, October 27,20032:49 PM To: cao Subject: Fw: promendae proposal \ L\" ---- Original Message ----- From: Steveiul@aol.com To: don.bell@oro-medonte.ca Cc: harry.hughes@oro-medonte.ca ; neil.craig@oro-medonte.ca ; paul.marshall@oro-medonte.ca ; walter.dickie@oro-medonte.ca ; ruth.fountain@oro-medonte.ca ; ron.summers@oro-medonte.ca Sent: Sunday, October 26, 2003 6:44 PM Subject: promendae proposal S-1'e'\JB"t' ::r;;i--IC &3"..6LL-/},.J, Honourable Mayor and Members of Council, I reside at 61 Stanley Ave. I am writing to you as both a front lot owner and member of the "working" group assigned to deal with the issue of the promenade. I am in no way qualified to serve as a voice for anyone but myself regarding the issue of spending the council's funds in an appropriate manner. However, I was appointed to this committee merely because I was willing to voice my concerns during the summer. It is my personal feeling that a committee was never intended to be created, and in fact, Jennifer Zieleniewski had her agenda planned from the outset. Only after a number of concerns were raised publicly did the committee come into existence. To this end the level of communication between council and community was poor at best. There was no application process made available for those willing to serve on the committee, and there was little to no public awareness of meeting times or issues being discussed. Further, anyone taking the time to attend but not in the group was to remain silent. ' As for the meetings themselves, the tone of each meeting was extremely personal and hostile in nature. The beginning of each session commenced with Jennifer listing all the things the front lot owners were not entitled to (though none of the issues addressed were initiated by any of the group members) and concluded with the threat of worst-case scenarios. Even when the group was functioning as intended and agreements were made Jennifer continued to insinuate that changes could be made and her recommendations could be added. She also continuously reiterated how much property was hers. The fact that the steering committee was switched to a working group thus avoiding the need for exact records to be kept was most disturbing. This public issue was becoming more and more private at every turn. Like a sequestered jury we were instructed not to discuss our meetings with others even though it was public land and funds we were so happily divvying up. In good faith the only recommendations I would be willing to have my name associated with are as follows: 1. The promenade should remain public and natural in its look. (delineation through large rocks is not necessary) 2. Public access to the waterfront should be improved at the base of Blackmon Drive.. 3. The existing property at Simcoe Side Park should be upgraded and maintained. 4. The road end at Simcoe Side Dr. should be cleaned and improved. 5. Access should be blocked off to only emergency vehicles. Despite the best efforts of the committee to come to an agreement we were merely being guided in the directions Jennifer wished the results to go. This was blatantly shown by her last minute additions to the proposal 11/512003 Page 2 of2 she presented to you as "our" recommendations. As it stands, I have no desire to have my name associated with the proposal presented to you on October 14, 2003. Further, I am unwilling to sacrifice any more of my personal time to deal with an issue where to beliefs of the community are not being given proper respect or consideration. As mentioned by Jennifer on too many occasions, I like all my fellow neighbours, will simply have to live with the wishes of council. I trust these wishes will truly be heard and a thorough investigation of what to do with this area, if anything, will occur at a later date and in a more appropriate manner. Page 1 of 1 Marilyn Pennycook \10 From: Rick & Patti Donnelly [rickpatti@sprint.ca] Sent: Tuesday, November 04, 2003 2:21 PM To: clerk@oro-medonte.ca Subject: Report NO.:ADM2003-047 - 10th Line Promenade Enhancements Importance: High Dear Madam Clerk My husband and I are co-owners of our family cottage located at 50 Stanley Avenue, specifically lot 226, plan 626, (10th line of Oro-Medonte). While at the cottage last weekend, we read with great interest the above noted report prepared by Jennifer Zieleniweski. To say that we are excited about the proposal is an understatement. Our entire family has been swimming down at the bottom at Blackman ever since we were small children, some 50 years ago. To this day, we still enjoy that small beach area and we regularily take our dogs on long walks along the Promenade. We support your recommendations whole-heartedly and are very excited about the prospect of enhancing our little community. Congratulations to Ms. Zieleniweski for preparing this excellent report and our thanks to the entire committee that worked on this project. WELL DONE EVERYONE. Sincerely, Rick and Patti Donnelly (nee Bittner) 11 /L1.f')()()~ Page 1 of 1 Marilyn Pennycook \ l\ ?_ From: ANDREW NEALE [aneale@headingsales.com] Sent: Tuesday, November 04,20032:47 PM To: clerk@oro-medonte.ca Subject: Promenade I received the report from the administration office dated oct.15/2003 and have some concerns about the issues on this subject.! feel that the promenade is needed for this area and the proposals that have been made are quit satisfactory as far as the "designs" go.Lets remember that the township has proposed a trial for this in order to try and work out the bugs with "everyone".ln order to solve all issues properly and effectively this is the correct procedure.To just dissolve the project is not a solution!!! As intelligent and compromising people we can solve the issues at hand.To fight against or hinder this project is only jeopardizing progress in our community which affects us all and not just ones personal agenda.This after all is for the community The town is trying to solve the problems with individuals to some extent.This is not required,but yet they are more than willing to do so. Remember this is town land! So as a resident of this town seeing and hearing what the town has proposed to try to please everyone is quite satisfactory and feel that the town people have tried to take everyone into consideration.! have confidence that the town will design and build a proper promenade in our area.1 support and appreciate all the towns effort in this matter. Best regards, Andrew Neale 1 1 1t:::.1,)(\(\~ Page 1 of 1 Janette Teeter \ ~~ ~ \ From: Diana Gerrard [dianagerrardla@rogers.com] Sent: Wednesday, November 05,20032:27 PM To: clerkassist@oro-medonte.ca Cc: don.bell@oro-medonte.ca; ralph.hough@oro-medonte.ca; paul.marshall@oro-medonte.ca; harry.hughes@oro- , . ' rnedonte.ca; garfield dunlop@ontla.ola.org; Stephen Wells; neil.craig@oro-medonte.ca; walter.dickie@oro- medonte.ca; Vicky"Shepherd; Bev LeMay I' Subject: Promenade Importance: High vas to give a deputation before CQuncil this evening. Unfortunately, something has come up that makes this impossible. I ask at you ALL read my deputation and PLEASE vote for the majority opinion of the residents in the community, not the whims of a w! lank you, iana Gerrard 1 1 /'\ /,)()()1 l~~_ d- November 5, 2003 Re: DEPUTATION TO COUNCIL BY DIANA GERRARD DEPARTMENT REPORT #ADM 2003-047, OCTOBER 10, 2003 THE PROMENADE, PLAN 626 Honorable Mayor and Members of Council: I am responding this evening to the above report prepared by Township staff. PRIORITIES I still do not understand how, given the Township's financial obligations, spending $50,000.00 of taxpayer money to put 'stepping stones' along1500 feet of shoreline ever became a serious priority. I have heard the rationalizations, but this is still public money which staff is proposing to spend frivolously. WORKING GROUP The members of the 'Working Group' assembled by staff represent no groups or organizations. How they were named to the 'Group' has not been made clear, but what is clear is that members of our neighbourhood had influence bestowed upon them by staff. This is unfair. Staff then limited the influence of the 'Working Group', and those who might attend in audience, by announcing and canceling scheduled meetings on very short notice. NEIGHBOURHOOD CONSULTATION To my knowledge staff has made little independent effort to inform those directly affected by their plans for the Promenade. Community members have taken it upon themselves to inform each other of the plans and have distributed copies of the Report. However, there are still people living along the Promenade who do not know of the Township's proposals. Indeed, staff has proposed to develop water access in front of 65 Stanley Avenue. This was suggested, primarily because, due to the illness of their child, the owners are seldom in residence. This is not fair. STANDARDS The Township requires that anyone building in Oro-Medonte hire qualified professionals to produce drawings for Township approval and inspect the work during construction. \Yey. _) To my knowledge no qualified professional has been involved with the plans for the Promenade. No contract drawings or documents have been produced. And, no concerned agencies, i.e. Natural Resources, Fisheries, etc., have even been consulted by staff. The Township must be accountable to the same standards as its citizens. That is only fair. THE 'STEPPING STONE' PATH In twenty-five years of practice as a landscape architect I have never heard of anyone proposing to lay stones twelve feet apart and call it a path. Let alone suggest spending significant tax dollars on such a thing. The 'stepping stone' path will only interfere with accessibility along the Promenade. CLOSING THE PROMENADE The Township's bylaws dictate where the septic bed and well is located on our property. Furthermore, this is an existing condition. If the Promenade is closed to vehicular traffic, it must include a provision or amendment to allow for immediate access for residents living on the Promenade to repair their wells and/or septic systems. Staff's proposal that we apply for a deputation before Council to obtain access is unreasonable. It is unfair that we should be asked to wait a week or longer without septic or water. I ' I MY RECCOMMENDATIONS 1. That the recommendations of the Report be separated out and voted on separately. 2. That the Promenade remains public and priority be given to making it handicap accessible. 3. That the 'stepping stone' path not be built. 4. That the boundaries of the Promenade not be marked without a legal survey first being completed by the Township; 5. That any closing of the Promenade include a provision for immediate access by Promenade residents to service their wells and/or septic systems. 6. That priority is given to improving Blackman Beach and that the Township ensures that the water is tested and conditions posted if public swimming is to be encouraged. 7. That priority be given to cleaning up, making safe and maintaining Simcoeside Park. 8. That no work should begin along the shoreline without written approvals from all concerned government agencies. \ ~\q. - LJ 9. That no work at all should begin without a proper and public Tender process, including professionally stamped plans, details, specifications, and Form of Tender; Finally, in closing, I want to make a final point: I Oro-Medonte is changing and growing. People are moving here from larger communities expecting accountability from government. The Township needs to examine its own house. Everyone must be treated equally. For example: The residents along the Promenade should have been offered the same deal as the residents at Line 5. If the residents along the Promenade must remove their fire pits, so should the Township. If the Fire Chief h.as time to inspect the Promenade and serve registered letters to the residents, he should find the time to do the same throughout the ENTIRE Township. Thank you for your time and consideration. \~ r .RECEIVEb. "" 3., . ~EDO' '1~ ,~..,....~..~... ~" ,.8'f"~ #0 - ,:;J <J d ~ ~j'// //7 r../ "e~~ 7.~./ , . ,~- Lk.'~-~~) ~ dL ~ ~ZJ ~~~(J ~~ CI~~~~.d~~ ~I /~7i ~~~~.4~ ~ ~, ~/ .~ ....~... .....'. ~~.._.. 8-7~ -# 6f-Qd 3-/t:f~.~..~. ..~~~.~.....~.~..~ .~.~ ~ ya--d ~~3C!~~, _ d~ ~~.zZhd...~~.,... ~/ I<</~ ~d)~-. --r-r '-1'c&n-u~;;;-Uj~ dcr.CLia A/ ......... ...... ~ . C .1\) .\'1\ /Jd .i?~ ~"() 'i3. , , I ., NO\.) 04 2003 08: 51 FR A I RD & BERLI S LLP NOV-03-20030IOH) 11: 11 BURGRR RUl,IJt LU' 416 863 1~1S TO 212581021~170S48 P.02/07 .-1 ilia Bure;81\ Rowe L1P Barristers, Solicitors & Trade Mark Agents \liS-1 November 03, 2003 By FACSIMTLl:: ONLY: (416) 863 J5]5 Christopher Williams Solicitor AiI'd & Bertis LLP BCE Place Suite 1800, Box 754 181 Bay Street Toronto, Ontario M5J 2T9 Dear Mr. Williams: RE: H.1LLW A Y EQUIPMENT GRAVEL PIT FI LF, NO, 017v16 Further to your correspondence of OctobcrJl, 2003, we will be pleased Lo forward all further correspondence through ypu.roffice. However, your client had specifically asked for comments concerning the h::l.ul rou.te by-law to be submitted to the Township for considerntion by Council. We therefore are providingtbis corr.cspondcnec to you on the understanding that it will be forwarded directly to your client' pursuant to that request. Please confinn in writing. By correspondence dated July 28, 2003, a copy of which is atrn.cbcd, we advised Ms. Pcnnycook of our concerns at that time of the prospect of the-proposed by-law. We re- iterate those concerns. On Wednesday) October 22, 2003, the writer-made a Deput3.tian to Council concerning th~ proposed by-law and we would iskCouncil to consider those submissions as part of our comments for consideraticmby Council. It is submlncd that the: most appropriate means of dealing-witlrmyclienfs applica.tions for licencjngal1d rezoning is to have the outstanding issues 1"esolved through the Ontario Municipal Baud. It is OUT submission that the haul route by-law!'Cprcscnts a usurpation of the Bomd's authority with respect to the merits of the matter. TIle by-Jaw is being passed in bad faith as a cleaT attempt to preclude my client .crom having the matter adjudicated in the appropdatc forum. Ninery Mvlc:Jsr~r Srreer. P.O. Box 758, Barrio, Ontario, LAM 4YS Ph: 70S 721 3377 F:u: 70S 721 4025 Burgar, Rowa LLF' ;s ;] Limitt!t:1 Li;J(JJI/lY PiJrtncrslJlp rr)rJi~rQrr.fd in Ont::Jrlo conlinving s(nce 1867 www.burgrurowe.com t ,I'I~DU 0",.,,, 1 of 1 rn) 04 2003 08: 51 FR AIRD 11 BERLIS LLP NGV-03-2003 (1011) 17: 11 BURGAR ROWE LLP 416 863 1~~~...~~ .~1258102Ht170548 P. 03/07 - \l..\s-~ The proposed by-law fails to CQn.form with the Township's Official 'Plan. Both the ctrT"Tent .and proposed Official Plan designates the subject rands for aggregate resource cn.mction yet the by-law precludes such development. Thc Provincial Policy Statement. protects aggregate resources. In passing the proposed by-law the municipality is not having adequa.te rcg3Id to those policies. The by-Iaw-which' effectively eliminates the possibility of development of the subject site for-aggr:egate:-resorrrce_ex:tra:cti.on clearly fails to canform to CitJ1Cf the Official Plan orthe Provincial Policy Statement. \ We ask that Council considcr this cOl1"espondc;mce and attachments'with respect to the propnsed haul route by-law. We would also appreciate your advice as to your-client~s position with respect La our cCJTT'espondence of October 28, 2003. Yours vCIytIUly; Bur&Jr, Rowe, LLP ~~~ Per: Ian J. Rowe /sw cmaiJ; cc: C-C; swisc@burprrowc.com Glen 5fC'MIrt Gary Ben corre!:pon.:lc:nce encJ.: NOV 04 2003 08:51 FR AIRD & BERLIS LLP NGIJ-03-20Q3(t.IGN) 17: 11 BURGAR ROWE LLP 416 863 1~~~, ,,~~ _~125_81021t:U 70548 P. 04/07 (~ 0.0 . . BureJif, Rowe LLP Barristers, Sollr:Jtors & Trade Mi1rl<Agents '45 - ') October 28, 2003 WITHOUT 'PREronlcl<~ By FACSIMILE ONLY: 481 0133 Marilyn Pcnnycook ClerIc .. ... ... The Coxporation of the Township ofCJrd-Mcdonte 148 Line 7 S Box 100 Oro, Ontario LOL 2XO Dcar Ms. Penn)'cook: RI~: nll.f"WAY EQUIPMENT GRAVEL PIT PROPOSED HAUL ROUTE BY-LAW FlI:ENO. 017Y16 Thank YOll for providing a. copy of the dra:ft staff reportowitlrrespcct to the above noted matter. As you will note from the Dcputation-made to CotJ.TICi I on October 22,.2003 with respect to fhis matter, one of the objections that my clicnt has with respect Lo this proposed by-law, it that it usurps U1e authority ofthe Ontario Municipal Board in dealing with the merits of traffic issues in t11C context of the forthcom:In:g:hearingdealing with the rezoning and licencing of the subjecllands. I note that paragraph 6 specifically contemplates an amerniment to th~ by-law and the execution of an Haul Route Agreement v,rith respect to roads which a.re 710t currently designated 3.S haul routes UDder the by-law. We submit that it would be fair for~c parties involved to allow the Ontario Municipal B03I'd to determine the appropriateness of the proposed land use and its impacts, traffic and othcrwise: in a hearing. My client, the Township al1d.others:arc parties orpart:iclpa:nts and everyone invo1ved will have the opportUnity of leadrngeXJ1ertevid~nce and making arguments and s\lbrnissions to the Board with respect to such issues. A.;, T indicated in my deputation, I have my clients' instrm::rions to commence legal proceedings against the municipality with respect to the haul route by-law upon its enactment. We would very m.uch prefer to avoid such litigation as I am sure would the N/nery Mulcastf!r Slroot, P.O. (30)( 758, Barrie, On.t.luio. L.4M 4Y5 Ph: 705.7213377 Fax: 705 721 4025 Burg:H, ~ow(' LLP is ;) Llm/red Llab,'/ity POJrtn'(!r$rr/p reg/sterad in Ont"rlQ continuing sinco 1867 _, ';Y,,~,w. burgarro wo. com -- _ z " NOV 04 2003 08:52 FR AIRD & BERLIS LLP HO\)-03-~00301ON) 17: J 1 BIJRGRR RUIjjt. LU' 416 863 1~15 ~O 212581021~170548 P.05/07 r" ItJ 5-Lf Township. It is submitted that arcasonableresoILLtion of this matter"would be for the Township and my client to enteT"iTlto.<lnagreeIIlcntLhaHhc-patties wduld be bOU'l1d by 'the outcome of the Ontario Municipal Board bearing withiespe.crto the traffic issues, inter alia and that in the event that the Ontario MunicipaLBoard.sees .fit to grant a Iicence to my client and to rezone the land for aggregate resol.Il"Ce-opet:trions, that the parties would agree to c.atcr into a Haul Route Agreement in the1JsuaI. form (Ibeheve sllbstantial work has a.lready been done to advance that goal), and that the ToWItShip would undertake to amend the by.la.w to include the requisite portion of Line 12 North as a Township haul rou.te (A) within the terms of the by-law. \ This would.allow the most appropria.te forum to deal with the-merits ofthe:Hproposcd use by my client of Line 12 North as a hauIT.Ou.te. Please advise if this proposalwould>fiD.dfa.voUT with your Conncil. We.,sinccrcly hope that we may resolve the issues mtsedby the'proposed ha'Ul route by-law without litigation and we submit that the above noted proposal is [air to all parties. concerned. May we have your CounciJ's tespoTlSe as soon as possible. Yours verylruly, Bure,ar. Qowe, LIP ~~~ Per: Ian J. Rowe fsw ~rnQjl: cc: cc:; cc: ~wjsc@bUT!)mTowc.com Glen S(cwurl Gary 8~H Chri.~ Will/11m. Po~oiv.rl Time Nov. 3. 5:05PM 11/05/03 12:23 "5'705 726 0331 SKELTON BRUMWELL ...... TWP OF ORO-MEDON I4J 001/002 " .. Skelton Bromwell 93 ~HL I'ARM IWI\IJ SUlT~ 107 BARRl~ONTARIO \l\t~- \ L4M ~G I HL!2P!'!ONE.: (70S) 716-114 t FAX: (70S) 72G-03,1 8: ASS 0 C I A T I: SIN C. I Township of Oro-Medonte P.O. Box 100 Ora, ON LOL 2XO Sellt by Pax CONSULTING RNGINH.R5 AND PLANNEIlS November 5, 2003 Attention: Marilyn Pennycook, AMCT Clerk @ Dear Mrs. Pennycook: Re: Proposed Roads Aggregate Trucks By-law Our File: PIN 88-826 For the considera.tion of Council regarding the draft by-law to regulate roads for aggregate operations we attaoh a Memorandum from Stuart Thatcher, Senior Policy Advisor, Ministry of Natural Resources, October 27,2003. Mr. Thatcher advises that a section of the by-law would be inoperative. We urge Council to accept the proposal made in Ian Rowe's letter to you of October 28,2003 to have the Ontario Municipal Board determine the matter of the suitability of the proposed haul route for extraction of this designated Mineral Aggregate Resource land. Yours truly, SKELTON, BROMWELL & ASSOCIATES INC. Pcr: W Gary Ben, RPP v ice PrcsidC:..'nt GKB/slc C-03-468 cc: Hillway Equipment Ltd. Ian Rowe Chris Wil1iams AP AO - Peter White MNR rn 11/05/03 12:23 'B705 726 0331 SKELTON BRmmELL ~~~ TWP OF ORO-MEDON I4J 0021002 .' \ It t-d.- From: To: SUbject: Date sent: stuart. thatcher@rnnr.gov.on.ca g bell@skeltonbrumwell.ca Oro-Medonite By~law for No- Loads and Order to Close Pits Mon, 27 Oct 2003 11 :45:39 -0500 Gary \ In my opinion with respect to section 10 of the above noted by-law, which purports to give municipal powers under the Municipal Act (section 433) to close a pit or quarry on public nuisance would be contrary to section 66 of the Aggregate Resources Act and would make this section of the by-law inoperative. Section 66 states that "This Act, the regulations and the provisions of licences and the site plans apply despite any municipal by-law, official plan or development agreement and, to the extent that a municipal by-law, official plan or development agreement deals with the same subject matter as this Act, the regulations or provisions of a licence, or site plan, the by-law, official plan or development agreement is inoperative." Under the ARA only the Minister can suspend an operation for any violation of the ARA, and only the Minister can accept the surrender ota licence. Any questions give me a call. Stuart Thatcher Senior Policy Advisor, Aggregates 7705-755-1286 Printed for, 5 Nov 2003, 11 :56 Page 1 of 1 pepper Haulage Ltd. ..--- C. .1\.) .M r TRAIL.ER DUMPS _ TANDEM TRUqKS - HOPPER DUMPS SAND GRAVEL - LIMESTONE FOf'est Home 'Indu....... Park, A.A.,", Orlma, Ontario, L3V eH1 Telephone: (70S) 326-9771 .. / .1I~CEI Noy 3 2or!i'"!,,;; . o1g~ . .~~. \ L\ \..\. Nov 3, 2003 To: The Mayor and Council Members -. Re: By law No. 2003-111 The by-law restricting trucks on certain roads in the township of Oro-Medonte needs to be examined carefully. We own and operate a trucking company in the Forest Home Industrial Parle We have 15 trucks that come in and out of our yard everyday. This Company has been in business since 1948 and has been in the Industrial Park since 1989. We pay $8000.00Iyear in taxes so how can you pass a by-law that will not allow our trucks to come in and out of our yard. We also haul into Sarjeant's Pit and our truck's fuel up in their yard everyday. Our trucks are repaired at Orillia Truck Repair and the Orillia Spring Shop. If this by- law is passed you will be closing a lot of businesses in the Industri.al Park. The Industrial Park is Zoned Commercial not residential, so I don't understand why this area would not be exempt from this by-law? We certainly will have to relocate and will you buy our property for us to do so? We hope that you will take this into consideration when passing this by-law. Your Truly, Mardi Mclaughlin Manager cc: Bill Pepper Owner NOV. 5. 2003 ! 2: 44PM NO. 7753 P. ! : ;. ... .. :BLAKE, CASSELS & GRAYDON LLP ; ~ $1R~ISTERS &. SOLICITORS I PATENT & TlUDE-MARK AGENTS i Facsimile: 416.863.2653 Box 25, Commerce Court West 199 Bay S1Teet Toronto, Ontario, Canada \U V _ \ MSLIA9 ' --., . ~UMBER Of PAGES INCLUDING COVER PAGE: , I to: (Name, Company, City &. Country) I i ;1 DATE: November 5, 2003 FACSIMILE: TELEPHONE: 't Marilyn Pennycook, Clerk . ~Qrporation of the Township of Oro-Medonte 705-487-0133 705-487-2171 : fROM: Jonathan W. Kahn BUSINESS PHONE: SECRETARY EXT,: 416.863.3868 416.863.3895 , I i ~ESSAGE: II i . ! Further to the e-mail from Peter White of the APAO, we attach a letter of objection to By-law 2003-111 : i : ORIGINALS SENT BY: (ch.ck one! IJ MAil IJ TDX ~ NOT SENT 0 ANY PROBLEMS? Please contact your Fax Operator or the Blakes Fax Operator at: (please epecityl 416.863.2178 CONFIDENTIALITY NOTE: Thi~ message is CONFIDENTIAL and is legally privileged. It is intended only for the person/s) or organization(sl named above and any other use or disclosure is strictly forbidden. If thit message is received by anyone else. please notify us at once by telephone and re1Urn the original by mail to the above address. Thank You. i FILE REFERENCE: 30378/89 IT1ME IN; TIME SENT: : 2! 208695.1 OPERA TOR: NOV. 5. 2003 12: 44PM NO. 7753 P. 2 to" BLAKE, CASSELS & GRAYDON LLP 8ARRlSTERS & SOLICITORS J PATENT & TRADE'MARK AGENTS \L\v-J-. Box 25, Conunerce Court West 199Bay Street Tqronto, Ontario, Canada MSLIA9 November 5, 2003 De1iveries: 28111 Floor Telephone: 416.863.2400 Pacsimile: 416,863.2653 www.blakes.com i r ; VIA FACSIMILE Marilyn Pennycook Clerk, COIporation of the Township ofOro-Medonte 148 Line 7 South Oro, Ontario LOL 2XO Jonathan W. Kahn Direct Dial: 416.863.3868 E-mail: jonathan.kahn@blakes.com Reference: 30378/89 Dear Ms. Pennycook: Re~ Proposed By-Isw to Regulate Aggregates Trucks Re: ProDosed Oro-Medonte BY-law 2003-111 This firm. acts for the Aggregate Producers' Association of Ontario in the above referenced matter. It has come to our attention that the Corporation of the Township of Oro-Medonte is proposing to adopt a by-law that purports to limit access to township highways for certain trucks hauling aggregates. We are writing to state the APAO's objection to the proposed by-law. The restrictions on haul routes in the proposed by-law appear to be an attempt to limit future aggregate extraction operations in the Township and to regulate current and future aggregate extraction operations within. the . TO'WDship. The location of aggregate extraction operations is governed by the Planning Act' and regulation of aggregates operations is a provincial power under the Aggregate. Reso:urces A.ct. The Municipal Act does not permit municipalities to regulate pits and quarries. The proposed by-law is not pennitted under section 35 of the Municipal Act or any other Municipal Act provision, and, as such, is ultra vires the Township. We thank you for your consideration of these issues. r'.";"i',.~,, ." .... "t L-,...... onathan W. Kahn JWKlNAX/csp 21208411.1 Montreal Ottawa Toronto Calgary Vancouver London Beijing 11/05/03 ~~D 16:59 FAX 9057380224 LAFARGE LCM EAST l4J 002 ILAFARGE NORTH AMERICA \Yw- \ Construction Materials November 5. 2003 Mayor Craig and Members of Council Township of Oro-Medonte P.O. Box 100 (148 Une 7 South) Ora, ON LOL 2XO , RQ. Draft 8y-Law Regulating Use of Roads in the Township of by Trucks DesignQd to Carry AggregatQ Dear Sirs: Laforge Canada Inc. is in receipt of a letter dated October 24, 2003 from the Township of Oro-Medonte seeking comment on a draft by-law regulating the use of roads in the Township by trucks designed to carry aggregate. Laforge respectfully requests that Council not adopt this draft by-law. Lafarge has not had adequate time to consider the by-law and do not feel that there has been approp~iate consultation on the issue. We are concerned that the Township is considering passing a by-law which has profound impacts on the aggregate industry without any meaningful consultation and dialogue with aggregate producers in the Township or giving adequate notice of its intent to pass such a by-law. We fundamentally disagree in principle with a by-low that is restrictive to aggregate trucks and the aggregate industry specifically and not truck traffic in general. The draft by-low as written assumes that only aggregate trucks, and no other vehicles using Township roads, are deemed to be a "public nuisance" and "will create noise. vibration. odour and dust, and increase the costs of maintaining and operating Township Roods". We question the need for such a by-law in a Township that already has a specific by-law designating approved haul routes. According to the background document prepared by the Township's planning consuliant. lithe majority of grovel truck operators are very conscientious and QQ use the roods which hove been designed and maintained for grovel truck operators, such os the 7th Line." The draft by-law goes far beyond the stated intent of regulating aggregate trucks on approved haul routes in the Township. The draft by-law attempts to define aggregate truck traffic and aggregate operations as a public nuisance (Section 10) and sets out a framework for Council to shut down a "Commercial Mineral Aggregate Operation" for a period of up to two years if Council is of the opinion that the aggregate operation constitutes a public nuisance in the vicinity of the operation. has 0 detrimental impact on the use, enjoyment and property values of property in the vicinity, or if the operator has not taken adequate steps to eliminate the public nuisance. This provision of the draft by-low is unacceptable and represents on unwarranted attempt by the Township to have greater control over regulation of the aggregate industry which is already governed in accordance with the Aggregate Resources Act. It is also contrary to Section 66 of the Aggregate Resources Act which states: LAFARGE CANADA INC. 7880 Keele Street. Concord. Ontario LAK 4G7 Office: 905-738./070 Fox: 905-738-7092 Poge 1 of 2 .L.L/U:)/UJ WJ::;U .LI)::)~ J:'AA ~U:).{JI:SU;!;!4 LAJ:'AJ:(\;OJ;:; LCI\1 J;:;A:::'T IfQUUJ \ l\\J- ~ "In the event that this Act and the regulations and 0 municipal by-low. official plan or development agreement treat the same subject-maffer in different ways. this Act and the regulations prevail and the by-law, official plan or development agreement is inoperative to the extent that it differs from this Act and the regulations. "; and "Every municipal by-law passed under the Municipal Act...that purports to prohibit the carrying on or operating of a pit or quarry or wayside pit or quarry is inoperative to the extent that it differs from this Act and the regulations." The Aggregate Resources Act is very clear on what constitutes a suspension of a licence and what remedy is required for re-instatement. In our opinion. sections of the draft by- law would be deemed inoperative and superceded by the Aggregate Resources Act. We also object to Section 3 of the draft by-low that provides a specific exemption for aggregate trucks owned or operated by a public authority. The Township of Oro- Medonte is the licencee of several licenced aggregate properties in the Township and is not being subjected to the some standard of fairness as oJ! other commercial mineral aggregate operations in the Township. We strongly believe that this draft by-law goes against the spirit of the Municipal Act. and would appear to be unjustified and unwarranted. We request that we be notified in writing of any decision made by Council on this matter. Please do not hesitote to contact me if you hove any questions. Sincerely. ct- Christopher McGuckin, OALA Resource Manager Cc' Moreen Miller. Lafarge Page 2 of 2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \ ~ C\.. BY-LAW NO. 2003-109 Being a By-Law to Authorize the Execution of a Road Improvement Agreement (Line 1 North) between The Corporation of the Township of Oro-Medonte, and FSP Holdings Incorporated (Settler's Ghost Golf Course) ." WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, RS.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS FSP Holdings Inc. entered into a Site Plan Agreement with .the Township of Oro-Medonte on October 15, 2003; AND WHEREAS as a condition of the Site Plan Agreement, FSP Holdings Inc. is required to enter into a Road Improvement Agreement with the Township of Oro- Medonte for the upgrade of Line 1 North; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Road Improvement Agreement attached hereto as Appendix "A"; ., 2. THAT the Mayor and Clerk are hereby authorized to execute the Road Improvement Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Coundl. ' By-law read a first and second time this 5th day of November, 2003. By-law 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 ROAD IMPROVEMENT AGREEMENT THIS AGREEMENT made this day of , 2003. \\90,-~ BET WEE N: FSP Holdings Inc. hereinafter called the "Owner" OF THE FIRST PART, - ,and - . . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Owner proposes to operate a golf course on Lot 41 & Part E Y2 Lot 42, Concession 2, being Part 1,51 R-30187, Township Oro-Medonte. AND WHEREAS as a condition of the Municipality granting its approval to the operation of the golf course, the Municipality requires the Owner to enter into this Agreement to provide for road improvements at the Owner's expense in the immediate vicinity of the golf course, as per Schedule "A". NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of Two Dol/ars ($2.00) of lawful money of Canada now paid by the Municipality to the Owner (the receipt whereof is hereby acknowledged), THE OWNER AND THE MUNICIPALITY HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: I 1. SCOPE OF AGREEMENT 1.1 Conformity with Aqreement - the Owner covenants and agrees that all work pertormed pursuant to this Agreement shall be in conformity with the specifications accepted by the Municipality. 1.2 Reliance Upon Representations - the Owner acknowledges that: a) He has made representations to the Municipality that he will complete all municipal and other works, required herein, in accordance with the Municipality's standards. b) The Municipality has entered into this Agreement in reliance upon these representations. 1.3 Schedules Attached - the following Schedules are attached to this Agreement: Schedule "A" - Description of Works and Schedule of Works Schedule "B" - Cash Deposits and Security 2. CONDITIONS PRIOR TO EXECUTION OF AGREEMENT BY THE MUNICIPALITY 2.1 Prior to the execution of this Agreement by the Municipality, the Owner shall: a) Cash Deposits and Security - have paid to the Municipality, all cash deposits and security required by Schedule "B" attached. b) Insurance Certificate - have filed with the Municipality, an insurance certificate confirming those coverage's specifically set out hereafter. 3. ROAD IMPROVEMENTS - ON MUNICIPAL PROPERTY \~ C\-3 3.1 The Owner will construct and install, at its expense, the hereinafter-required road improvements. Such improvements shall be constructed in accordance with the standards and specifications required by the Mun,icipality to the satisfaction of the Public Works Superintendent. These improvements may be summarized as follows: . . a) See Schedule "An - upgrading Line 1 North from County Road #22 400 m +/- northerly. b) Dust Suppression - controlling dust by using an approved dust suppressant on the road under construction. 3.2 The Owner acknowledges that the final surface treatment of the road shall not be done until one (1) year after the road base has been approved, in writing, by the Public Works Superintendent. 4. EMERGENCY SITUATION 4.1 If, as a result of any work undertaken by the Owner or its servants or agents,_ there is, in the opinion of the Public Works Superintendent, an emergency' I situation which requires immediate attention to avoid damage to private or public property or services owned by the Municipality, such work may be done immediately by the Municipality at the expense of the Owner, but notice shall be given to the Owner at the earliest possible time. 5. INSURANCE CERTIFICATE AND POLICY 5.1 Policy of Insurance - the Owner shall lodge with the Municipality on or prior to the start of construction, an insurance certificate with an insurance company satisfactory to the Municipality, (the approval of which shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Owner and the Municipality, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement. 5.2 Comprehensive General Liability - such policy shall carry limits of liability in the amount to be specified by the Municipality, but in no event shall it be less than $2,000,000.00 inclusive comprehensive general liability and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall include the following names as insured: i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.3 Certificate of Coveraqe - any certificate of coverage filed with the Municipality shall specifically contain confirmation that the coverage includes (a), (b) and (c) above. 5.4 The Owner agrees that there will be no blasting for construction of improvements, unless prior written approval of the Municipality is obtained and insurance satisfactory to the Municipality is in place. 5.5 Confirmation of Premium Payment - the Owner shall, from time to time as required by the Municipality, provide confirmation that all premiums on such policy or policies of insurance have been paid, and that the insurance is in full force and effect, and ensure that a copy of the policy is filed with the Municipality. 2 \\s;c\-'-\ 5.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall not be construed as relieving the Owner from responsibility for other or larger I claims, if any, or for which it may be held responsible. 5.7 Notice of Cancellation - the insurance company shall agree to notify the Municipality within fifteen (15) days of any cancellation or expiry of said insurance policy. , , 6. CONSTRUCTION. COMMENCEMENT AND COMPLETION 6: 1 The Owner is proposing to phase construction of the improvements, commencing construction in the Spring of 2004, with completion in the Fall of 2005, as per Schedule "An. 7. EXPENSES TO BE PAID BY THE OWNER 7.1 Every provision of this Agreement by which the Owner is obligated in an'y way, shall be deemed to include the words "at the expense of the Owner", unless the context otherwise requires. 7.2 The Owner shall pay such reasonable fees as may be invoiced to the Municipality by its solicitor and its Municipal Engineer, in connection with all work to be performed, as a result of the provisions of this Agreement. 7.3 All expenses for which demand for payment has been made by the Municipality, shall bear interest at the rate of 12%, per annum, commencing thirty (30) days after demand is made. 7.4 In the event that the Municipality finds it is necessary to engage the services of an Engineer or technical personnel not permanently employed by the Municipality, to review the plans of the Owner and/or carry out on-site inspections of the work performed, the Municipality will advise the Owner accordingly of this need, and the costs of such outside Engineers so engaged shall be the responsibility of the Owner. The Municipality may require a deposit for this purpose. 8 CASH DEPOSITS AND SECURITY 8.1 The Owner shall lodge with the Municipality, those cash deposits and security more particularly described in Schedule uB" and at the dates specified therein. 8.21n the event that the expenses of the Municipality exceed the amount of the cash deposits or security set out in Schedule "B" attached, the Owner shall pay such excess charges within thirty (30) days after demand by the Municipality. 8.3Construction Lien Sub-Search - shall be done to determine that no construction liens have been filed with respect to the Municipality. 8.4 Acceptance of Improvements - the acceptance of the Road Improvements shall be in the reasonable discretion of the Public Works Superintendent. 9 APPLICATIONS OF LETTER OF CREDIT AND SECURITY 9.1 Any Letter of Credit or Security filed with the Municipality is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Municipality may be used as security for any item or any other matter, which under the terms of this Agreement is the responsibility of the Owner. 3 10 REALIZATION OF SECURITY OR DEPOSITS {~c'\ - .- 10.1, Default - if, in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Municipality to realize on its security or deposits, then the Municipality (its servants, agents or sub-contractors) shall, if the Municipality so elects, have the right and privilege at all times to enter upon the lands for the purpose of repairing or completing or . paying for anywork orseryices Fequired to b,e completed by the Owner under this Agreement. '. . . . 10:2 Exceeding Cost Estimates - if the eosts of completing such work or improvements exceed the amount of security held by the Municipality, such excess shall be paid by the Owner to the Municipality, thirty (30) days after invoicing by the Municipality. All overdue accounts shall bear interest at the rate of twelve (12%) percent per annum. 10.3 Save Harmless - the Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Municipality from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Municipality, its servants or sub-contractors in order to complete the work or. services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Municipality, its servants or agents or sub-contractors. 10.4 The Construction lien Act - if the Municipality becomes obligated to make any payments, or pay any costs, under the provisions of the Construction Lien Act, this will constitute a default and entitle the Municipality to realize upon its security. 11 REALIZATION ON LETTER OF CREDIT 11.1 In the event that the Municipality cashes a Letter of Credit, any surplus monies remaining after the completion of the work by the Municipality will be returned to the issuing Bank for transmission to that party that took out the original Letter of Credit with the Bank. 12 ESTOPPEL OF OWNER 12.1 The Owner agrees to not call into question, directly or indirectly, in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained, and this Agreement may be pleaded as an estoppel against the Owner in any such proceedings. 13 TIME OF THE ESSENCE 13.1 The parties hereto agree that time shall be of the essence in the Agreement. 14. INTERPRETATION 14.1 Provided, and it is hereby agreed, that in construing these presents, the word "Owner" and the personal pronoun "he" or "his" relating thereto and used therewith, shall be read and construed as "Owners" and "his", "hers", "its", or "their", respectively as the number and gender of the party or parties referred to in each case require, and the number of the verb agreeing therewith shall be so construed as agreeing with the said word or pronoun so substituted. 14.2 And that all covenants, rights, advantages, privileges, immunities, powers and things hereby secured to the Municipality shall be equally secured to and exercisable by its successors and assigns as the case may be. 4 14.3 And that all covenants, liabilities and obligations entered into and imposed hereunder upon the Owner, shall be equally binding upon his, her, its or their heirs, executors, administrators and assigns, or successors and assigns as the case may be, and that all such covenants and liabilities and obligations shall be joint and several. \ \s c, ~ lo THIS AGREEMENT shall enure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, successors and assigns. . . IN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates: By the Owner on the day of ,2003. FSP Holdings Inc. Per: ^.:<l J!.P___ ~::;s;-~ Lani13m1ram Has the authority to bind the Corporation By The Corporation of the Township of Oro-Medonte on the ,2003. day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: J. Neil Craig, Mayor Per: Marilyn Pennycook, Clerk 5 l\D~ - SCHEDULE" A" . . THIS IS SCHEDULE "A" TO THE ROAD IMPROVEMENT AGREEMENT BETWEEN FSP HOLDINGS INC. AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF WORKS AND SCHEDULE OF WORKS 2004 Filter cloth nine (9) metres wide; gravel surface eight (8) metres wide; 150mm thick of 16mm Granular "A" on Line 1 North from County Road #22, 400m northerly. , " 2005 Surface from Line 1 North 400m +/- with a single high float surface and a single 10mm clear chip for the second surface. , , I 6 SCHEDULE "B" \\.Qq -~, THIS IS, SCHEDULE "B" TO THE ROAp IMPROVEMENT AGREEMENT BETWEEN FSP HOLDINGS INC. AND THE CORPORATION OF THE TOWNSHIP OF ORD- MEDONTE . . CASH DEPOSITS AND SECURITY The Owner shall, on the dates specified herein, lodge with the Municipality, the following described cash deposits and security. 1. TYPE OF SECURITY Any security required to be filed under this Agreement shall be by certified cheque or by Letter of Credit valid for a period of one (1) year with extension provisions and prepared in a form provided by the Municipality. It shall be drawn on a Chartered Bank of Canada and shall be for the amount hereafter set 6Lit. 2. Prior to execution of this Agreement, the Owner shall deposit a $30,000.00. Letter of Credit with the Municipality as security to guarantee performance of his construction obligations. 3. The Letter of Credit shall remain with the Municipality until all provisions and obligations of the Owner, as set ?ut in this Agreement, have been fulfilled. 7 Ivh - \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 2003-110 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and ~eidi's R.V. Sales . . described as lands as follows: Part of the West 1/2 of Lot 20,"Concession 11 (Formerly Oro) , Being Part 1, 51 R-30235, Being all of Pin#58547 -0129(Lt) Township of Oro-Medonte WHEREAS authority to enter into Site Plan Control Agreements is, provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Ora-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and 0" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Council. By-law read a first and second time this 5th day of November, 2003. By-law 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 APPENDIX "A" SITE PLAN AGREEMENT - between - - . HEIDI'S R.V. SALES - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of the West V2 of Lot 20, Concession 11 (Formerly Township of Oro) Being Part 1, 51R-30235 Being all of PIN #58547-0129 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE October, 2003 By-Law No. 2003- THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT ,T ABLE .oF CON~ENTS . ~ Se<;:tion ,1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" , Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 , l \ 'I J SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2003, in BETWEEN: HEIDI'S R.V. SALES Hereinafter called the "Owner" -. PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a five-bay garage for trailer repairs on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. -~ c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended us~. f) The Owner shall pay a refundable deposit for such reasonable costs as may t;>e involved to the Township in having its Solicitor, Engineer, Planner and staff,' , perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $200.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a five-bay garage for trailer repairs described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 t \ a) Site Plan The use and deve'lopment of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "S". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent,residentiall1se and/or roadway, not to cause interference in any way. -. c) Parkinq Areas and Drivewavs All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of Sy-Iaw No. 97-95, as amended, and the Ontario Suilding Code Regulation #419/86, and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "S", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro- Medonte. d) Outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "S". e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "S", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all Parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, memorandum of Confirmation, or notations on Engineering Drawings. The nature of such record of amendment shall depend on circumstances. 5 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful pertormance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hunpred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Countil, or: . b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township detides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these altemative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be s(;!t out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various .matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. . e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and .upon confirmation by the Township or its agent that the Owner's obligatiol'1s under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the pertormance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 6 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. . 10. SAVE HARMLESS The Owner, on beha!f of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or servige performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. I IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) Owner: HEIDI'S R.V. SALES ) Urs Buechin ~ fr~. ) / ) O~r: ~ili ,e Buechin ) , ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) 7 SCHEDULE" A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. .- LEGAL DESCRIPTION OF LANDS Part of the West 112 of Lot 20, Concession 11 (Formerly Township of Oro), being Part 1, 51R-30235, being all of PIN #58547-0129 (Lt), Township of Oro-Medonte, County of Simcoe. 8 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. SITE PLAN _. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Dearden & Stanton Ltd., 0-1769, revised dated October, 2003. 9 SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. .' DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. . ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 1. LETTERS OF CREDIT AMOUNT 2. Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Sections 1. f) and 5 herein. $200.00 (refundable deposit) 11 ll9c - \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-111 BEING A BY-LAW TO REGULATE THE USE OF ROADS IN THE TOWNSHIP BY TRUCKS DESIGNED rO CARRY AGGREGATE . WHEREAS the Township wishes to control the use of Township Roads by gravel trucks, to maintain the character of the rural area and protect the privacy and enjoyment of private properties as well as to ensure the proper maintenance, operation and safety of Township Roads; AND WHEREAS Subsection 11(1) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes municipalities to enact by-laws respecting matters within certain spheres of jurisdiction, including "highways, including parking and traffic on highways"; . AND WHEREAS Section 35 of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes municipalities to "pass by-laws removing or restricting the common right of passage by the public over a highway and the common law right of access to a highway by an owner of land abutting a highway"; AND WHEREAS Subsection 128(1) of the Municipal Act, 2001, S.O. 2001,'c. 25 empowers local municipalities to "prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Councl1, are or could become or cause public nuisances"; AND WHEREAS Subsection 129(1) of the Municipal Act, 2001, S.O. 2001, c. 25 empowers local municipalities to "prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination,.... ,;. AND WHEREAS the use of Township Roads by trucks that are designed to carry aggregate will create noise, vibration, odour and dust, and increase the costs of maintaining and operating Township Roads; AND WHEREAS Council deems the use of Township Roads (excluding Haul Routes) by trucks that are designed to carry aggregate to be a public nuisance as defined by this by-law; AND WHEREAS Section C12.4.5 of the Official Plan, as amended by Council adopted Official Plan Amendment #16, states that "Council recognizes that one of the most significant impacts of aggregate extraction is the use of area roads for truck traffic" and that "all haul routes will be regulated in accordance with the policies of this Plan and the provisions of a by-law passed under the Municipal Act"; AND WHEREAS Council is of the opinion that the passage of this by-law is in the public interest and will assist in the resolution of land use and traffic conflicts in the Township and mitigate the creation of noise, vibration, odour and dust on Township Roads; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOllOWS: 1. Name of By-law This by-law and the attached Schedule "A" shall be known as the "HAUL ROUTE BY-LAW". 2. I~ l -d- Definitions For the purposes of this by-law, the following definitions apply: Commercial Mineral Aqqreqate Operation Means an area of land where the extraction of mineral aggregate occurs in accordance with a license granted by the Ministry of Natural Resources and where the processing of mineral aggregate for commercial use may occur. Haul Route . Means a road under the jurisdiction of the Township that is intended for the use of loaded and unloaded trucks that are designed to carry 20 tonnes or more of mineral aggregate to and from commercial mineral aggregate operations in the Township and that has been designated as a Haul Route under Section 4 of this By-law. Haul Route A Means a haul route that can be used by trucks that are designed to carry 20 tonnes or more of mineral aggregate to and from commercial mineral aggregate operations that existed on the date this By-law comes into effect and by trucks that access future commercial miperal aggregate operations. Haul Route B Means a haul route that can only be used by trucks that are designed to carry 20 tonnes or more of mineral aggregate to and from commercial mineral aggregate operations that existed on the date this By-law comes into effect. Haul Route Aqreement Means an agreement between the Township and the operator of a commercial mineral aggregate operation located in the Township. Mineral Aqqreqate Means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, granite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act. Mineral Aqqreqate Operation Means: a) Lands under license or permit, other than for a wayside pit or quarry, issued in accordance with the Aggregate Resources Act, or successors thereto; and b) Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate or in the production of secondary related products. \\.0<.-) Public Authoritv Means any department or appointed agency or commission of the Government of Canada, Province of Ontario, County of Simcoe or the Township. Public Nuisance .' Means, as it applies in this By-law, the negative impact on the . enjoyment of private properties that front on a Township Road arising from the use of the Township Road by a truck that is designed to carry 20 tonnes or more of mineral aggregate. Small-Scale Local Construction Activitv Means a construction activity carried out on a private property, with the value of the works being less than. $250,000.00, according to the Director of Engineering and Environmental Services. Township Means The Corporation of the Township of Oro-Medonte. Township Road Means a highway that is under the jurisdiction of the Township. 3. Exemptions The provisions of this By-law do not apply to prevent the use of Township Roads by: a) any truck that is engaged in the delivery of mineral aggregate ' for a small-scale local construction activity; or, b) a truck owned or operated by a public authority. 4. Location of Township Haul Routes The designated Haul Routes are those Township Roads that are shown on Schedule 'A' attached. 5. Prohibition No one shall operate, or cause to operate a loaded or unloaded truck that is designed to carry 20 tonnes of mineral aggregate or more on any Township Road that is not identified as a Haul Route A or Haul Route B in accordance with Schedule 'A' of this By-law. 6. Agreement Required Any person or business that wishes to operate, or cause to operate, a loaded or unloaded truck that is designed to carry 20 tonnes or more of mineral aggregate on a Township Road that is not identified as a Haul Route on Schedule 'A' is required to both make an application to Council to amend this By-law to have such Township Road designated as a Haul Route and to enter into an Haul Route Agreement with the Township. Such an agreement will, amongst other matters, provide the person or business with the capability to use the Township Road, under certain conditions, which will be set out in the Haul Route Agreement. Such an agreement may also permit the temporary use of specific Township Roads for an identified construction project. 7. Enforcement and Fines \~( --~ Every person who contravenes any provision in this By-law, or any provision in any Haul Route Agreement required by this By-law, is guilty of an offence and shall be liable to a fine in an amount to be determined in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33, and every such fine is recoverable under the Provincial Offences Act. 8. Repeat Convictions " The conviction of any person for the breach of any provision of this By-law or any provision in a Haul Route Agreement required by this. By-law shall not operate as a bar to a prosecution against the same person for any continued or subsequent breaches of any provision of this By-law or Haul Route Agreement and such person may be convicted repeatedly for continued or subsequent breaches of the By- law and the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, shall apply to any continued or repeated breach of this By-law or Haul Route Agreement. 9. Severability If any court of competent jurisdiction determines that any of the provisions of this By-law are. ultra vires the jurisdiction of Councilor are invalid for any reason, such provision shall Qe deemed' to pe severable from the remainder of this by-law and shall not invalidate any other provision of this By-law, which shall remain in full force and effect. ' 10. Application of Section 433 of the Municipal Act, 2001 Nothing in this By-law shall prevent Council from making an application to the Superior Court of Justice under s. 433 of the Municipal Act, 2001 for an order requiring that all or part of a Commercial Mineral Aggregate Operation within the Township be closed for a period not exceeding two years if Council is of the opinion that: a) activities or circumstances on or in the Commercial Mineral Aggregate Operation cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the Commercial Mineral Aggregate Operation; b) the public nuisance has a detrimental impact on the use and enjoyment of property in the vicinity of the Commercial Mineral Aggregate Operation including, but not limited to, impacts such as, i) interference with the use of highways and other public places; ii) an increase in garbage, noise or traffic or the creation of unusual traffic patterns; or, iii) activities that have a significant impact on property values;. and; c) the owner or occupants of the commercial mineral aggregate operation or part of the commercial mineral aggregate operation knew or ought to have known that the activities or circumstances constituting the public nuisance were taking place or existed and did not take adequate steps to eliminate the public nuisance. 11. Repeal of Clause 5 of By-law 97-28 \\.9C -5 Clause 5 of By-law 97-28 is hereby repealed. 12. Enactment This By-law shall come into full force and effect on the date of its passage. ' By-law read a first and second time this 5th day of November, 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 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \lod-\ SITE PLAN CONTROL BY-LAW NO. 2003-112 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Double R Performance described as lands as follows: Part Lot 20, Concession 9, Being all of PIN#58547-0045(Lt) Township of Oro-Medonte WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; . AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "An, on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and 0" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Council. By-law read a first and second time this 5th day of November, 2003. By-law 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 .. October, 2003 By-Law No. 2003- APPENDIX" A" SITE PLAN AGREEMENT - between - DOUBLE R PERFORMANCE - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 20. Concession 9 Being all of PIN #58547-0045 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE \ G cl-~ Section 1 Section ;2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 1 0 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Bindirtg Effect Severability of Clauses Save Harmless SCHEDULES Legal Descriptiol1 of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit , ! \.9d _rJ .. SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planninq Act. 2003, in BETWEEN: DOUBLE R PERFORMANCE I Hereinafter called the "Owner" .. PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an 80' x 125' storage building on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: \~J.~5 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. '';' c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe-and Minic!!)' of TransportatioA-:- e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, ' perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $200.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "G", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit an 80' x 125' storage building described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: \\Jei-\y a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkinq Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro- Medonte. d) Outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all Parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, memorandum of Confirmation, or notations on Engineering Drawings. The nature of such record of amendment shall depend on circumstances. \ ~ ci- 5. SECURITY Prior to signing the Agreement, 'the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approv~d I{ythe ::rowns,hip I=~gineer and Township Coundl, or:, b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E"~ with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Munidpal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. \~~ 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors anq assigns of the Parties hereto, and upon the lands described in Schedule "An, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be preparep, approved and registered on title. 9. SEVERABILITY OF CLAUSES , , Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared, by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 1 O. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify ,and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals unde' the hands of the;' pmpe' otneers duly authorized ~__ SIGNED, SEALED AND DELIVERED ) j, ,~ ) DOUBLE R PERFORMANCE ) Owner: Raymond Roberts ~~~~ ) Owner: Kirsten Roberts ) ) AS JOINT TENANTS ) ) THE CORPORATION OF THE ) TOWNHSIP OF ORO-MEDONTE ) per: ) ) ) J. Neil Craig, Mayor ) ) ) Marilyn Pennycook, Clerk ) SCHEDULE "A" \\.0 ~ - NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Double R Performance. LEGAL DESCRIPTION OF LANDS Pt. Lot 20, Concession 9, being all of PIN #58547-0045 (Lt). SCHEDULE "B" \ \ \ NOTE: I It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Double R Performance. , . , , SITE PLAN I , Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. SCHEDULE "C" \ <\ cs.. NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Double R Performance. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A SCHEDULE "0" \ ' '. ~ f% \\i)d- NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Double R Performance. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1, ITEMIZE CONSTRUCTION ESTIMATE 2. LETTERS OF CREDIT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Sections 1.f and 5 herein, AMOUNT AMOUNT $200.00 (refundable deposit) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \lr~J SITE PLAN CONTROL BY-LAW NO. 2003-113 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Ukcan Investments Inc. and to repeal By-law No. 2003-106 described as lands as follows: Part Lot 19, Concession 7, Pa.rts~ and 4, Registered Plan 51R-31319, Together with an Easement over Parts 6 and 7, Plan 51R-31319 Being all of PIN #58546-0074 Township of Oro-Medonte WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk, are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and 0" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Council. 5. THAT By-law No. 2003-106 shall be repealed in its entirety. By-law read a first and second time this 5th day of November, 2003. By-law 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 \lo~-;1 APPENDIX "A" SITE PLAN AGREEMENT I " " - b~tween - UKCAN INVESTMENTS INCORPORATED - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lot 19, Concession 7 Parts 3 and 4, Registered Plan 51R-31319 Together with an Easement over Parts 6 and 7, Plan 51R-31319 Being all of PIN #58546-0074 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE October, 2003 By-Law No. 2003- THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT \~ ~ - ) TABLE OF CONTENTS Section 1 Covenants by the Owner << Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 1 0 Save Harmless SCHEDULES Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 \~J) ,y SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the PlanninQ Act. 2003, in BETWEEN: UKCANINVESTMENTSINCORPORATED Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an aircraft hanger on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 \loJ? -tJ 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registe~ed against title to these subject lands and shall take priority over any subsequent registrations against the title to the sUDjectlands. .. c), No work shall be performed on the, lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, ' perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit an aircraft hanger described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 llo.Q -\0 a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkin!:! Areas and Drivewavs All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro- Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved, in writing, by all Parties. 5 \G.Q-l 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the T o~nship, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (~he "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the . . said work, as approved b)\ the Tt>wnship Engineer and Township Council, or: . b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) . The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set. out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement.. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7 . CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 6 \\.D -~ 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and lassigns of the Parties hereto, and upon the lands described in Schedule "Au, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared\ approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ~~ Own." lJKd~- . - INVESTMENTS INCORPORATED ) ) Peter Waters, Director ) Has the Authority to Bind the Corporation ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) 7 '\lDJi ~1 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and UKCAN INVESTMENTS INCORPORATED. LEGAL DESCRIPTION OF LANDS Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan 51R-31319, together with an easement over Parts 6 and 7, Plan 51R-31319, being all of PIN #58546- 0074 (Lt). 8 \'\0.Q - it> SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part bf the Site Plan Agreement between the Township bf Oro-Medonte and UKCAN INVESTMENTS INCORPORATED. SITE PLAN Site Plans are not in a registerable form are available from the Township of Oro-Medonte. Architectural drawings prepared by ABA are as follows: A 1.1 Site Development Plan dated September 2, 2003, revised September 18, 2003. A1.2 Site Plan September 2,2003, revised September 18, 2003. A2.1 Main Floor Plan dated September 15, 2003, revised September 18, 2003. A3.1 Elevations dated September 16, 2003, revised September 22,2003. A4.1 Wall Sections dated September 16, 2003, revised September 22,2003. A4.2 Wall Sections dated May 27,2003, revised September 22,2003. A4.3 Wall Sections dated September 16, 2003, revised September 22,2003. LP.1 Landscape Plan dated September 3, 2003, revised September 22, 2003. Grading drawing prepared by R. G. Shugg Engineering Ltd. is as follows: GS-1 Lots SW1-1 to -5 Grading Plan dated July 23,2003, revised September 16, 2003. Electrical drawings prepared by Mighton Engineering Ltd. are as follows: E1 Electrical Site Plan dated June 6, 2003. E2 Electrical Floor Plan dated June 6, 2003. Mechanical drawing prepared by CoPa Engineering Ltd. is as follows: M1 Mechanical Layout Hanger "B" dated May 20, 2003, revised June 3, 2003. 9 \ , SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and UKCAN INVESTMENTS INCORPORATED. ' DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A ]0 \ SCHEDULE liD" NOTE: It is understood and agreed that this $chedule forms part of the Site Plan Agreement between the "township of Oro-Medonte and UKCAN INVESTMENTS INCORPORATED. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Sections 1 (f) and 5 herein. $5,000.00 (REFUNDABLE DEPOSIT) 11 \lv-F THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-114 Being a By-law to Amend By-law N'o. 2003-102, being a By-law to deem certain lands within Registered Plan 461, not to be a registered plan of subdivision for the purposes of subsection (3) of Section 50 of the Planning Act. n WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to designate any plan of subdivision, or part thereof, deemed not to be a registered plan for the purposes of Section 50 (3) pursuant to' Section 50 (4) of the Planning Act, R.5.0. 1990, c.P.13. AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte did enact, on October 15, 2003, By-law No. 2003-102, being a By-law to deem certain lands within Registered Plan 461, not to be a registered plan of subdivision for the purposes of subsection (3) of Section 50 of the Planning Act. NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That Schedule 'A' to By-law No. 2003-102 be amended to read "Lands subject to this by-law: Parts of Lot C, Registered Plan 461, being all of PIN #'s 58531- 0427(Lt) and 58531-0428(Lt). 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. Read a first and second time this 5th day of November, 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 \lo~_\ , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-115 Being a By-law to Assume Certain Communal Septic Systems (Country Club Lan~1 Horseshoe Valley) I ' \, ' WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting sewage treatment; AND WHEREAS The Corporation of the Township of Oro-Medonte operates and maintains communal tile beds hereinafter referred to as the "sewage works"; AND WHEREAS the Council of the Township of Oro-Medonte did enact By-law No. 2003-30 on April 16, 2003 establishing sewer service charges; AND WHEREAS the Council of the Township of Oro-Medonte deems it to be in the interests of the Municipality to assume certain sewage works located on the lands more particularly described in Schedule 'A' to this by-law; AND WHEREAS an Easement Agreement has been entered into by the registered owners of lands more particularly described in Schedule 'A' to this by- law; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: , 1. That the Municipality accept an easement over the lands described in Schedule 'A' attached hereto from the registered owners thereof for the purpose of operating and maintaining the sewage works located thereon. 2. THAT the attached Schedule 'A' shall form part of this By-Law; 3. This By-law shall come into effect upon the date of passage hereof. Read a first and second time this 5th day of November, 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 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \~~-d-- SCHEDULE "A" TO BY-LAW NUMBER 2003-115 Lands subject to this By-law: a) Part of Parcel 1-26, Section 51-0ro-3, being Part of E 112 of Lot 1, Concession 4, designated as Parts 1, 2 and 3 on Plan 51R-29669, Township of Oro-Medonte, County of Simcoe b) Part of Lot 27, Plan 1587, designated as Parts 4 and 5 on Plan 51R-. 29669, Township of Oro-Medonte (formerly in the Township of Oro), County of Simcoe THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig , I Clerk, Marilyn Pennycook Il THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-108 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 5, 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, November 5,2003, 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 aut~orized and directed to do all things necessary to give effect to the said action 01' 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 Ora- 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 5th DAY OF NOVEMBER, 2003. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF NOVEMBER, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook