11 05 2003 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, NOVEMBER 5, 2003
TIME: 7:00 P.M.
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1~ OPENING OF MEETING BY THE MAYOR
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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.
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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:
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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
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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,
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Jobn Gilbert
62 Lakeshore Promenade
Oro. Ontario
PAGE 01
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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')
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Page 1 of 1
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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
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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()()~
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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.
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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
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Staff was directed to advise the airport's solicitor for the appropriate responses
and notifications.
FINANCIAL REPORT
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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
,
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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
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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.
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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
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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
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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.
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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.
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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
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.. . ,", .. .............
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.
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. \~ 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
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THE CORPORATION Of THE
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Telephone
(705) 835-5568
fax
(705) 835-5884
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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
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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)
/
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"
.,
.;-
,
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. \
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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
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BEARI"'GS ARE ASTRONO""C S(!"'G DERivED FRO'" THE
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WITH THE SURVEYS ACT. THE SURVEYORS ACT AND THE
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2. 1~E SURVEY WAS COMPLE1EO ON rll/o( C},7 J ~"I
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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
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PAGE#2
APPLICA TION A-35/03
COMMITTEE OF ADJUSTMENT DECISION '
\~\ \/j
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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
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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
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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
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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
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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
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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
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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
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,respectfully submitted,
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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
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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:
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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
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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"! ',..<
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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.
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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
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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."
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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
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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
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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
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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
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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
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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)
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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)
.
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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
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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
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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
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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
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W ley Crown MCIP. RPP
Se ior Planner
Me 'dian Planning Consultants
5
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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
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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
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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
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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.~
'~'-...-.- . . .' \
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. 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
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\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:
.~.. /,
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Dept'. Head
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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
~~'-
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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
@
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~
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
~~
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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~
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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
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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
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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
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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
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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.
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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
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\ ~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,
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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
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Schedule 'A' to By-Law
This is Schedule 'A' to By-law
passed the
day of
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Mayor ".!-- Ii-j
Clerk 4>~.,~ 4., L~
~ LAND SUBJECT FOR TEMPORARY USE BY-I...AW
Township of Oro-Medonte
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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
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Clerk - Lynda Aiken
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APPENDIX "B"
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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.
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-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.
..
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, -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
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Rick Hollingshead, Owner
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R.:id:Brd AirEley , Occupant
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
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Ian Beard, Ma r
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Lynda Aiken, Clerk
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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
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Document General
Form 4 - land Reglstrallon Relorm Act, 1984
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(1) Registry IKJ
(3) Property
Idenllller(s)
Land Tilles D
(2) Page 1 01 8 pages
Block
Property
Addilional:
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Schedule
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Agreement under Sections 34 and 39 of
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(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.
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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
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(12) Party(les) (Set out Status or Interest)
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(13) Address
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(14) Municipal Address of Property
(15) Document Prepared by:
Fees and Tax
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Lynda Aiken, Clerk
Township of Oro-Medonte
Box 100
Oro, ON L01 2XO
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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(';'
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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
. .
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---=-------..
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 .
~
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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
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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.
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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
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3
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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:
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lJ'i- 1/-; + Exeieises:. - undmg is available through JEPP to conduct an exercise once
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- 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.
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. 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.
..~/.~~.
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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;
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. 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
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.
~ ..
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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.
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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
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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
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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
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BABY J.A.M.E.S.: EPISUITE LITE COLOUR IMAGING SYSTEM for Windows
EPISUITE 5.5 lite Software includes:
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~ GuardCard and GuardDraw for Windows
~ GuardTooI Importer and Database Updater
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~ 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.:-~~_ -" ;~;...>
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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
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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
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oei Z 3 2003
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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
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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
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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
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'CY R.1dio Pealer
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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,
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GO f'~YVV
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Jerry Ball
CITY HALL
70 COLLIER STREET
TEL. (705) 739-4207
FAX. (705) 739-4247
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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
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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
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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
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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.
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I" OCT 2 3 2003
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7' I !.. NSHIP
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~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
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MNJIKANINC. ORILUA. ORO.MEOONTE. RAMARA. SEVERN
Te.b11Z of TlZn (on\?- pCHJm\?-n1 only)
Compe.ny/'(1ssoci e. t i on
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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
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RECEIVED
rery f 4211
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Page 1 of2
Oro-Medonete Clerk's Office
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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\\-
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Darlene Whyte
55b Green Forest Dr.
Oro-Medonete
905-841-3127
October 3, 2003
N av,{/U3
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Attn: Council
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/ Olio.. 0 2003
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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
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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~
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-
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
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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__
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.~~,,--~<--,.._,,,,,,,~~.~~",>_._--'..~"~
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
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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
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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.
..
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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)
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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)
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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 . .
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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
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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
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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,
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c.c. Ruth Fountain, Mayor and Council Oro-Medonte Township.
OCT-28-2003(TUE) 12: 1d
P 001/002
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Bur&r, Qowe LLP
Barristers, Solicitors & Trade Mark Agents
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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
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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
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Per: Tan J. Rowe
Isw
cmilil:
cc;
cc:
cc:
S IV ise@burg:J.rTowc.com
Glen Stewart
Gary Bell
Chris Williams
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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" '\
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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
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Edith Pallister
431 Pallis1er Cl'eSI:Cnl SOI.nIt
Richmond Hill Ontario
L4C 1 &2
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OctohcJ'~2, 2003
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By Fax Only To 1-705-487-0133
(2 Pnges-No Cover Sheet)
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Township orOro-Medonte
P.O. Box 100
01'0 Ontario
LOr. 2XO
Mt: Chief Adn1inistrative Officer
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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
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OCT-22-03 WED 4: 36 PM HILLCREST MALL SUIT 212A
FAX NQ 905 884 2655
Page 2 01'2
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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.
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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
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blilh Palli::;ter
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23 OCT '03 06:45 CARQUEST-0219
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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.
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NOV-03-20030IOH) 11: 11 BURGRR RUl,IJt LU'
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Barristers, Solicitors & Trade Mark Agents
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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
-
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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
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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
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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
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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
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"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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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