04 17 2002 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, APRIL 17, 2002
TIME: 7:00 p.rn
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1. OPENING OF MEETING BY ACTING MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
a) Oro-Medonte Community Policing Committee will present awards to various people
that have contributed to the safety of the Township of Oro-Medonte.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the regular Council meeting of Wednesday, April 3, 2002.
I.............................................................................,
7. CONSENT AGENDA CORRESPONDENCE:
a) The Children's Aid Society of the County of Simcoe, message of condolence re:
Mayor Beard.
b) Midland Public Library Board, minutes of the February 14, 2002 meeting.
c) Simcoe County District School Board, highlights of the March 27,2002 meeting.
8. DEPUTATIONS:
a) 8:00 p.m.
b) 8:10 p.m.
Jim Woodford, Coldwater, re: Oro Moraine Study.
Gordon Grant, Shanty Bay, re: government dock.
f) By-law No. 2002-046
Being a by-law to authorize the execution of a
temporary use by-law agreement (garden suite)
between The Township of Oro-Medonte and Jeffrey
and Lori Ellen Howard, described as Concession 8,
East Part of Lot 7, RP 51 R-13470, Part 1, Township
of Oro-Medonte (formerly Township of Medonte),
County of Simcoe.
g) By-law No. 2002-047
Being a by-law to rezone Concession 13, South Part
of Lot 1, RP 51 R-30801, Parts 1 to 3, Township of
Oro-Medonte (formerly Township of Medonte),
County of Simcoe (Mike and Paige Gannon).
15. IN-CAMERA:
Nil.
16. CONFIRMATION BY-LAW NO. 2002-041.
17. ADJOURNMENT:
18. QUESTIONS:
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Feb. 15,2002
To:
Mayor Ian Beard
The Corporation of The Township of Oro-Medonte
P.O. Box 100
Oro, On
L01 2XO
From:
Oro-Medonte Community Policing Committee
C/O Beverley Hubatsch
#5 Cherry Trail
R.R. #4 Coldwater, On
LOK lEO
(705) 835-2273
Dear Mayor,
As a committee we have proceeded with plans to present
thank you certificates to the O.P_P., the O.P.P. Aux. and
S/Sgt. Len Hassberger at a regular Council meeting during
the month of April. As with our last presentation
done before council we thought it best to be first on the
agenda. It will simply consist of a few words from the OMCPC
accompanying the presentations and picture taking followed by
a brief social, cake and juice served in the hall for a total
time of 40 minutes maximum_ ~I [lJ I ,~" <:::~u.ncil
wishes to take part in this ceremony and we will allow
~is in our presentation.
We would prefer holding the ceremony W€dnesday April 17th so
that Joan FitzGerald will have returned from Florida and can
take part in the festivities. We have three guests who will
be taking part in the ceremony but I have not confirmed their
availability until I get a confirmation date from Council.
Could w€ also leave open the date of Wed. April 3rd if the
17th is not convenient for our guests?
We so appreciate the opportunity to formalize this special
occasion by having Council present and welcome any additional
advise you may have. Thank you very much for your assistance.
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Sincerely,
Beverley Hubatsch
Chair, OMCPC
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THE CORPORATION OF THE
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148 Line 7 S., tox 100
Oro, Ontario LOL 2XO
TOWN~llIP
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Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
November 28, 2001
Ms. Beverley Hubatsch
Chair, Oro-Medonte Community Policing
#5 Cherry Trail
R.R.#4
Coldwater, ON LOK 1 EO
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Dear Ms. Hubatsch:
Re: New Oro-Medonte Community Policing Office
Please be advised that your letter of November 2,2001 regarding the new policing office
has been officially received by the Council ofthe Township of Oro-Medonte at the
Council meeting of November 21,2001.
Councilhas approved this new building, however, construction work has not yet started so
we are somewhat early in planning opening ceremonies. We will be pleased to include
you in the program and will be contacting you once the project is nearer completion.
Council has no objection to your suggestion of a recognition of the OPP and the Auxiliary
Police Force as part of a regular Council meeting. I will look forward to hearing from you
in early March of 2002 to make these arrangements.
We appreciate and thank you for your interest in these anticipated events.
Yours truly,
~~~
Ian Beard
Mayor
IBlsl
cc: Jennifer Zieleniewski
Members of Council
Ron Kolbe
Marilyn Pennycook v
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THE CHILDREN'S AID SOCIETY
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OF THE.~Y OF SIMCOE
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Oro-Medonte Administration Centre
P.O. Box 100, 7th Concession of 01'0
Oro, Ontario LOL 2XO
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Dear Members of Oro-Medonte Council:
On behalf of the Board, Staff and Foster Parents of the Simcoe County Children's Aid Society, we
want to extend to members of County Council our sincere sympathy on the sudden death of your
Mayor, Ian Beard.
As an agency, we were privileged to have shared a small but significant portion of Ian's life over the
past several years. We will remember him for his wonderful sense of humour, his warm smile and
most of all for his passion for our children. He was always keen to hear stories that directly related to
the children in our care whether they be told by their foster parents, their workers or by the children
themselves. He had a wonderful respect for our foster families and the work that they do on behalf of
the children that they welcome into their homes.
Ian's commitment to this agency and passion for our children emerged most dramatically when the
Board was confronted by our funders, inevitably asking us to reduce our expenditures in order to
balance the budget. His most memorable statement was used on several occasions, most recently in the
late fall when we met with our Program Supervisor and the Regional Director. After a brief
presentation by the Regional Director to which Ian listened respectfully, he announced, "I would
rather be fired for doing my job than for not doing my job." While Ian as a municipal politician had a
great deal of respect for the importance of balanced budgets, he was often distressed with the
inadequate resources provided to our community's most vulnerable citizens.
A Head Office: 60 Be]] Farm Road, Unit #7, Barrie, Ontario LAM 5G6 Tel: (705) 726-6587 or (800) 461-4236 Fax: (705) 726-9788
o North Office: 344 King Street, Midland, Ontario LAR 3M8 Telephone (705) 526-9341 Fax: (705) 526-3418
o West Office: 186 Hurontario Street, Unit #105, Collingwood, Ontario L9Y 4T4 TeJephone (705) 444-9160 Fax: (705) 445-9601
o South Office: 106 Victoria St.,W, Unit #4, Alliston, Ontario L9R 1T5 TeJephone (705) 435-4348 or (800)-661-53 J 1 Fax: (705) 435-3547
o East Office: 255 West Street North, Ori]]ja, Ontario L3V 5C9 Te1ephone (705) 325-1005 or (800) 422-9970 Fax: (705) 325-15 J 9
o Bradford Office: 118 Barrie Street, Bradford, Ontario L3Z 2A9 Telephone (905) 775-4336 Fax: (905) 775-5325
o Legal Services Fax: (705) 735-6398
o World Wide Web: http://www.simcoecas.com
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Page 2
Ian's contribution to our agency and his presence at our Board Table wi11 be greatly missed. Whether
he was advocating for residents of Oro-Medonte or for the children of Simcoe County, Ian's
dedication and commitment to his constituents and their needs were always evident. We share with
you the loss of a committed leader and friend.
Sincerely,
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Executive Director '-..."J
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Ian Grant
President of the Board of Directors
cc. Mrs. June Beard
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MIDLAND PUBLIC LIDRARY BOA~ MEE~~~~
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DATE: February 14,2002 LOCATION: Midland Public t~brary Boardi~~-,:~;2~;" "
PRESENT: B. Playter, G.A Walker, K. Stewart, D, Moore, A Wilkes, A Campbell
ABSENT: G. Swick, 1. Swick, L. LaPlume
STAFF: 1. Sainte, Chief Librarian, G. Griffith, Recording Secretary GUEST: Mr. D. Moore
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Page fof 4
ITEM
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ISSUE
ACTION
*Presentation from tbe estate of tbe late Catherine Culbert - Mr. D. Moore
Before the meeting was called to order Mr. Moore, Executor of the estate
of the late Catherine Culbert, presented Library Board Chairman Bill Playter
with a cheque for $40,000.00 from Miss Culbert's estate. Miss Culbert volunteered
tirelessly for the Midland Public Library's books-on-wheels service for our
homebound patrons. She is sadly missed.
1. Call to order - Bill Playter, Chairman
Mr. Playter called the meeting to order at 7:20 p.m.
2. Invocation - Justin Sainte
Mr. Sainte delivered the invocation.
3. Approval of the agenda
Moved by: B. Playter
Seconded by: K. Stewart
That the agenda be approved.
4. Approval of the minutes of the previous meeting of January 10,2002
Mr. Sainte reported that he had spoken to Mr. Archdekin's office at the
PUC regarding the Library's power consumption. Instead of having
Mr. Archdekin come to a Board meeting, Mr. Moore suggested that
Mr. Sainte should meet with him and then report to the Board.
The March Board meeting will be Thursday, March.21, 2002
Moved by: D. Moore
Seconded by: G.A. Walker
CARRIED
That the minutes of the Board meeting held on January 10,2002 be approved. CARRIED
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MIDLAND PUBLIC LffiRARY BOARD MEETING
Page 2
DATE: February 14,2002
LOCA TION: Midland Public Library Boardroom
ITEM
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ISSUE
ACTION
5. Business arising from the minutes
The dedication of the Fiction room as the Helen Delaney Room will be
held on Saturday, September 7, 2002.
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6. Approval of the accounts
Moved by: A. Campbell
Seconded by: D. Moore
That the accounts for the month of January 2002 totalling $32,647.94
be approved.
CARRIE]
7. Reports of Board Committees
7.1 Finance Committee - Art Campbell, Chairman
Mr. Sainte reported on the presentation of the Library's draft budget
to Council. A second draft will be sent back to Council for their
approval.
Council has asked that the contract with Tiny Township for Library
service be reviewed.
Discussion.
Mr. Sainte and Town Treasurer Mrs. Gignac will review this issue
and report their findings.
The by-law to establish a Library Capital Reserve Fund was approved
by Council.
7.2 Strategic Planning Committee.
A new five year plan will be developed. A space needs survey will
be needed before the Library can move toward a building expansion.
Mr. Peter Abbott of the Southern Ontario Library Service provides
this type of consulting service.
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MIDLAND PUBLIC LffiRARY BOARD MEETING
DATE: February 14, 2002
LOCA TION: Midland Public Library Boardroom
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Page 3 of 4
ITEM
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ISSUE
ACTION
7.3
Fundraising Committee - G.A. Walker, Chairman
A planning meeting for the 2nd annual Library dinner/dance held at
Mrs. Walker's house was very productive. Mrs. Walker showed the
Board the new ticket design. Tickets will hopefully be ready for sale by
Wednesday, February 20. The band "Nightlife" will be performing again.
They are donating their time for the evening. Mrs. Walker is looking for
silent auction items and a convenor for the event. Mr. David Winter
will be master of ceremonies.
"
The donation box that the Friends will be placing in the Reference
Department will come with a sign that reads "Donations Gladly
Accepted - Friends of the Midland Public Library".
8. New Business
8.1 Mr. Moore drew Mr. Sainte's attention to a Town of Midland list of
current Board members. There seem to be some discrepancies.
Mr. Sainte will speak to Sue Walton about corrections and additions.
9. Information
9.1 Chief Librarian's report - Justin Sainte
Mr. Sainte reported on 2001 - the year in review.
The new Library Capital Reserve Fund is growing, thanks to the bequest
of $40,000.00 from the estate of Catherine Culbert and a donation of
$1,887.65 from the Directors of COMBO, a now defunct employee
ssistance programme.
Mr. Moore was presented with a prize for winning Mr. Sainte's year-end
contest by correctly answering the question "When did the Americans
vacate their embassy in Afghanistan?"
9.2 Correspondence
None.
MIDLAND PUBLIC LIBRARY BOARD MEETING
DATE: February 14, 2002
ITEM
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LOCA TION: Midland Public Library Boardroom
10. Adjournment
Moved by: D. Moore
ISSUE
, That the meeting be adjourned at 8:35 p.m.
J {;IA (\/V'-. 5~ tt
Chief Librarian
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Page 4 of 4
ACTION
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Please post and distribute
SCDSB Update 10- March 27, 2002
Simcoe County District School Board meeting highU'ghts
1170 Highway 26, Midhurst ON LOL 1XO (705) 728-1570~..~~\;\rf5>>
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A review of these fiel~,?tudiles'W.ill be
cond~cted d-pring th~20~:~~~:~chool year.
Fundmg of th,e progran\~it~B~managed
centrally and staff will investigate the best
way to contract lo~al providers to deliver this
pro gram. _/
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Delegation Re: Fundraising Procedures
Peter Beacock, Chairperson of the Wyevale
School Council, expressed concerns about
fmancial accounting requirements pertaining to
school fundraising accounts. These
requirements are included in the Board's
Administrative Procedures Memorandum 55:
Fundraising and Financial Accountability.
Construction Schedule
Trustees approved setting 2004 as the year for
constructing elementary schools in Alliston
northwest area, 400 Business Park in Barrie
and Georgian Drive area in Barrie.
Walking Zones - Terry Fox & Maple Grove
Trustees approved the wa1king zones for Terry
Fox Elementary School (opening in 2002-
2003) and Maple Grove Public School.
Guidelines for Considering Modified
School Year Programs Approved
Trustees approved guidelines for communities
wishing to explore the option of
implementing a Modified School Year
program. The guidelines require an I8-month
timeframe to complete associated consultation
and decision-making processes.
Autism Pilot Project Continues
The Board approved continuation of the
Autism Pilot Project at Algonquin Ridge
Elementary School and Guthrie Public School
for the 2002-2003 school year. The costs for
this project will be part of the Special
Education Grant allocation. The Board will
also request special grant funding from the
Ministry of Education for this pilot project.
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SEAC Appointments
The Board appointed Debbie Bushby as a
member and Bruce Haire as alternate
representing VOICE for Hearing Impaired
Children on the Board's Special Education
Advisory Committee.
Tenders Approved
Trustees approved additions and renovation
tenders for:
. Killamey Beach Public School as
submitted by Stee1case Construction Inc.,
Toronto, in the amount of$1,129,000
(GST excluded).
. Andrew Hunter Elementary School as
submitted by Stee1case Construction Inc.,
Toronto, in the amount of$1,824,900
(GST excluded).
Tenders relating to aluminum window
replacement and asbestos remediation were
also approved.
Co-curricular Plan for Secondary Schools
Trustees reviewed a proposed Board Co-
curricular Plan for Secondary Schools,
developed in consultation with Administrative
Council, Secondary School Principals, the
Simcoe County Athletic Association,
Secondary School Council Chairpersons, and
the Ontario Secondary School Teachers'
Federation. The Ministry of Education
requires a board-wide secondary school co-
curricular plan to provide a framework within
Environmental Science Education
Trustees approved continuing board funded
elementary environmental science education
field studies for all Grades 4 and 7 students in
the school years 2002-2003, 2003-2004 and
2004-2005, pending annual budget approval.
Updates are for everyone interested in our public education system.
Information: Debbie Clarke, Communications Officer, (705) 734-6363, .ext. 241.
CONTINUED ON PAGE 2
Please post and distribute
Board members also extended best wishes to
Trustee Thompson for good health and a
speedy return to the Board table.
PAGE TWO
SCDSB UPDATE 10 - MARCH 27,2002
which principals, wQFking cooperatively with
school councils, teachers and members of the
community, develop and implement school
plans. Trustees approved the development of
an Administrative Procedures Memorandum
based on the outline provided in the report
Board Co-curricular Plan for Secondary
Schools.
Proposed Budget Development Timelines
Indications are that Ministry of Education
grants for 2002-2003 wi11 not be announced
until late April or early May. Trustees
approved the following tentative dates for
public budget development meetings:
May 15, May 29, June 3, June 5, June 17.
Director's Annual Report
Director of Education Sharon Bate presented
the Director's Annual Report for 2001, noting
the publication celebrates the people and
programs that help to make SCDSB schools
effective and successfu1. The report is
organized according to system goals in the
areas of student achievement, quality
teaching, leadership and staff development,
and safe, supportive environments. Director
Bate noted that students and staff have made
great strides in all areas of focus during 200l.
Their success, she explained, reflects the
SCDSB staff commitment to developing
positive centres of learning throughout
Simcoe County and helping each of the
SCDSB's 55,000 students excel. She added
that staff will continue to build on this
positive momentum while dealing with
ongoing funding challenges and ever-
increasin a accountability expectations.
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Trustee Information
. The 25th anniversary of the annual
Curriculum Conference wiH be held May
2,3 and 4 at Blue Mountain Resort in
Collingwood.
. Community Venture Barrie was officially
launched in March. The new program
offers underemployed young adults with
an opportunity to participate in a training
and work experience program. This
partnership involves the Barrie Career
Centre, the Simcoe County District
School Board, the Simcoe Muskoka
Catholic District School and other
organizations and business. Funding is
provided by Human Resource
Development Canada.
.
Puppets made by students involved in the
East Oro Public School electives program
were on display during the meeting.
Students at the school received instruction
through the MacLaren "Artist-ln- The-
Classroom" program.
.
The local Food for Thought breakfast
program held an enthusiastic launch
recently at Bear Creek Secondary School.
.
The SCDSB elementary school chess
championships were held at the Education
Centre on March 27. More than 150
students from schools throughout Simcoe
County participated in this alIDual event.
Next Meetings
Central Services Standing Committee
- Wed., April 3, 7 pm.
School Services Standing Committee
-Wed., April 10, 7 pm.
Regular Board - Wed., April 24, 7:30 pm.
Trustee Absence
The Board excused Trustee Deborah
Thompson representing New Tecumseth,
Bradford- West Gwillimbury from attendance
at Board meetings up to August 31, 2002.
Updates are for everyone interested in our public education system.
Information: Debbie Clarke, Communications Officer, (705) 734-6363, ext. 241.
1 c. )-3
Please post and distribute
SCDSB Update 9 - March 20, 2002
Simcoe County District School Board meeting highlights
1170 Highway 26, Midhurst ON LOL 1XO (705) 728-7570
Special Board Meeting
Delegation - BDHSIDECA Students
Bradford District High School students Mark
Swaisland and Holida Tek requested that the
Simcoe County District School Board allow
them to travel internationally as student
competitors in the DECA competition to be
held in Salt Lake City, Utah, in April. The
students explained that DECA is an
international business club that provides
enrichment for students interested in a career in
business-related areas or who are interested in
enjoying competitive activity. The students
expressed concern that all international SCDSB
school trips have been cancelled for the
remainder of this school year as a result ofthe
world-wide impact ofthe September 11
terrorist attacks.
New School Named
Trustees unanimously approved Terry Fox
Elementary School as the name of the new
Barrie area school to open in 2002-2003. The
name was recommended by an ad hoc naming
committee after reviewing submissions from
the community.
School Administrator Eligibility Lists
The following candidates have been appointed
to the School Administrator Eligibility Lists:
· Elementary Principal Eligibility List:
Doreen Asling, Robert Cowan,
Peter Dennys, Linda Summers,
Gita Wassmer.
. ElementQ1Y Vice-Principal Eligibility List:
Bruce Baynham, Jill Gihnore,
Heather Owen, Pamela Pasmore- Tye,
Marilyn Rigden.
· SecondQ1Y Vice-Principal Eligibility List:
Paul March, Laura Lee Millard-Smith,
Graham Rayner.
Board and Secondary Teachers Approve
Staffing Agreement
Trustees and members of Ontario Secondary
School Teachers' Federation, District 17,
have ratified an interim agreement to
facilitate staffing of secondary schools for
September 2002. The revised staffing
protocol will remain in effect until August
31, 2003 or until amended or until
negotiations for a three-year agreement have
been completed, whichever is earliest.
The agreement includes:
· Staffing changes which provide for
differentiated workloads for teachers and
meet the overall teacher average
workload of 6.67 eligible credits and the
average class size of 22 students
required by legislation.
. A salary rate increase of 1.5% effective
September 1, 2001 and a further rate
increase of 1 % effective August 31, 2002.
Staffing changes at this time win anow
secondary schools to be timetabled for
2002-2003, hopefully before students and
teachers leave school at the end of June.
Next Meetings
Regular Board - Wed. March 27, 7:30 pm.
Central Services Standing Committee
- Wed., April 3, 7:30 pm.
School Services Standing Committee
- Wed., April 10, 7 pm.
Regular Board - Wed., April 24, 7:30 pm.
Updates are for everyone interested in our public education system.
Information: Debbie Clarke, Communications Officer, (705) 734-6363, ext. 241.
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Marilyn Pennycook
From:
Sent:
To:
Subject:
Pat & Jim Woodford [strix.woodfordii@sympatico.ca]
April 11, 2002 11 :30 AM
clerk@township.oro-medonte.on.ca
Re: Apr. 17 Council meeting
Marilyn
Thank you. I would like to appear on Apr. 17 and anytime is fine.
Jim Woodford
----- Original Message -----
From: <clerk@township.oro-medonte.on.ca>
To: <strix.woodfordii@sympatico.ca>
Sent: Thursday, April 11 , 2002 11 :03 AM
Subject: RE: Apr. 17 Council meeting
> Mr. Woodford,
>
> The April 17 Council meeting agenda is somewhat different from a regular
> agenda. Before the regular meeting at 7:00 p.m., there is a Special
Council
> meeting at 6:30 p.m. to appoint a member of Council to the vacant position
> of Mayor. At the regular meeting starting at 7:00 p.m., the Community
> Policing Committee will be presenting certificates to the O.P.P. (should
> take about 40 minutes). Also there is one other deputation preceding you.
> For these reasons, I am only able to give you an approximate time for your
> deputation - around 8:00 p.m. possibly a little later. Your other
> alternative would be to come to Committee of the Whole on the 24th of
April.
> Please confirm whether or not the later time on the 17th is suitable. If
> you would rather call, I can be reached at 487-2171.
>
> Thank you
>
> Marilyn pennycook, Clerk
."
> > -----Original Message-----
> > From: Pat & Jim Woodford [SMTP:strix.woodfordii@sympatico.ca]
> > Sent: April 9, 2002 12:50 PM
> > To: Clerk
> > Subject: Apr. 17 Council meeting
>>
> > This is to inform you that I intend to make a deputationbeffore the Apr.
> > 17
> > Council Meeting to bring council my concerns about the Oro Moraine
Study.
>>
> > Jim Woodford, Taxpayer
> > 29 Huron Woods Dr.
> > RR4, Coldwater
>>
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REPORT
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DEPT. REPORT TO: Council PREPARED BY:
#ES2002-28 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Larry and Joyce Dare - Site Public Works
Plan Agreement - Pt. E, Pt.
C.OFW. Lot 1, Cone. 1, being Parts 4
and 16, 51 R-28412, Ridge Rd.
MOTION #: DATE:
DATE: April 9, 2002
The Township of Oro-Medonte entered into a Site Plan Agreement with Mr. Thompson to develop five
(5) lots on the Ridge Road and Line 1 South.
Mr. and Mrs. Dare have purchased Part 4 of the Thompson development for the purpose of
constructing a single family home.
Mr. and Mrs. Dare applied and received a minor variance to reduce the setback of their house from
top bank, from 23.0 m to 16.6 m and were required to enter into a Site Plan Agreement with the
Township.
The Dare Site Plan was presented and approved by the Site Plan Committee on March 7, 2002.
The required securities recommended by the Committee have been posted with the Township.
:.
'RECOMMENI>A T10NS: ' '
1. THAT Council receives and adopts this report.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Larry and Joyce Dare -
to construct a single family home at Pt. E, Pt. Lot 1, Cone. 1, being Parts 4 and 16, 51R-28412,
being all of PIN #58554-0075 (Lt), Township of Oro-Medonte, County of Simcoe.
, e Clerk prepares a By-law to enter into a Site Plan Agreement for Council's consideration.
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March, 2002
By-Law No. 2002-
9b) z,
APPENDIX "B"
SITE PLAN AGREEMENT
- between -
LARRY GARTH DARE
-AND-
JOYCE NANCY DARE
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Pt. E, Pt. Lot 1, Concession 1,
Being Parts 4 and 16, 51R-28412,
Being all of PIN #58554-0075 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
9 b J -:>
.
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Covenants by the Owner and Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
CfbJ4
SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
LARRY GARTH DARE AND JOYCE NANCY DARE
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 Township and the Owner have, pursuant to Section 41 of the Planning
Act, entered into a Site Plan Agreement regarding development of the subject land;
AND WHEREAS the Township has approved, pursuant to Section 41 of the Planning Act,
site plans regarding development of a portion of the first site plan, as described in
Schedule "A" attached, for single family uses;
AND WHEREAS the Township intends for the within agreement to supersede the first
Site Plan only insofar as it relates to the lands described in Schedule "A", which former
approval and agreement shall otherwise remain in full force and effect;
AND WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a
residential home 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
ib):;
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "AI> attached hereto,
and has provided the Township with a Registered De~d 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.
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 shi311 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 residential home 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. COVENANTS BY THE OWNER AND TOWNSHIP
The parties agree that the within agreement and the site plan approval of the Township,
pursuant to Section 41 of the Planning Act, given on March 7, 2002, shall supersede the
site plan approval, pursuant to Section 41 of the Planning Act, provided by the Township
on March 3, 1999 and the Site Plan Agreement dated March 3, 1999, insofar as if affects
the subject lands only. In all other respects, the former site plan approval continues to
apply.
4
'I b ) b
4. 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:
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) Lighting
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) Parking 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
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) Garbage 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.
e) Landscaping
The Owner shall complete all landscaping and landscaped area.s 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.
5. 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.
6. 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 "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount approved by the Site Plan Committee and Township Council,
or:
b) An irrevocable Letter of Credit from a Chartered Sank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause. 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.
5
l D) I
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. When approved, it will be set out in Schedule "D"
of this Agreement and will become the basis for the limits of the securities.
d) All Letters of Credit and security received by the Township may be used as
security for any item or any other matter which, under 'he 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 Owners' 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) days
notice, its intent to draw down on the security or deposit.
7. 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 ~ct,
R.S.O. 1980, Chapter 302, as amended. .
8. co-op ERA TION
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.
9. 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.
10. 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.
6
11. SAVE HARMLESS
Cfb)8"
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)n 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
7
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..../) J"/ ;1: ___ ..
) /) ,/.~...'-- t.C
) Owner:
) LARRY GARTH DARE
)
) , C\
) '\--~r _J-.k~
) O~net.
) JOYCE NANCY DARE
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
)
) Acting Mayor, J. Neil Craig
)
)
)
) Clerk, Marilyn Pennycook
, "" I
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 Larry and Joyce
Dare.
LEGAL DESCRIPTION OF LANDS
Pt. E, Pt. Lot 1, Concession 1, being Parts 4 and 16, 51R-28412, being all of PIN
#58554-0075 (Lt), Township of Oro-Medonte, County of Simcoe.
8
NOTE:
SITE PLAN
SCHEDULE "B"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Larry and Joyce
Dare.
Site Plan A2 prepared by Robertson Architects and Associates dated January 22, 2002.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
9 b ) 10
l.u J I I
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 Larry and Joyce
Dare.
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
NOTE:
2.
SCHEDULE "0"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Mi3donte and Larry and Joyce
Dare.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
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 Section 6 herein.
11
AMOUNT
AMOUNT
$800.QO
9b )12-
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TOWNSHIP OF ORO-MEDONTE
FROM THE TOWNSHIP PLANNER
REPORT TO COUNCIL
REPORT NO.: PD2002-17
COUNCIL
PREPARED BY: Andria Leigh
C. OF W.
DATE: April 8, 2002
MOTION
SUBJECT:
Proposed Temporary DATE
Use By-law for Garden Suite
Concession 8,East Part of Lot 7,
RP 51R-13470, Part 1 (Medonte)
Development Application P-131/02
(Howard)
I
IBACKGROUND/ ANAL YSIS
The subject property is located on Line 8 North above the Warminster Side Road.
The applicant has applied for a Temporary Use By-law to permit a Garden Suite
on the property for a period of ten years. The property is 82 acres in size and has
a lot frontage of approximately 2000 feet.
The subject property is designated Agricultural in the Official Plan and zoned
Agricultural/Rural (A/RU) in Zoning By-law 97-95,as amended.
In 1995 the Planning Act was amended to permit a Garden Suite on a temporary
basis for a period not to exceed ten years. A Garden Suite was defined in the
Planning Act as /I a one unit detached residential structure containing a bathroom
and kitchen facilities that is ancillary to an existing residential structure that is
designated to be portable."
This section of the Planning Act was to be implemented through the Temporary
Use provisions and through Council implementing a Temporary Use By-law. A
Temporary Use By-law is permitted in accordance with the Planning Act and the
Township's Official Plan; these uses may not conform to the Official Plan. With
Temporary Use By-laws once the time period has lapsed the use must cease or it
will be deemed to contravene the Zoning By-law.
9c)
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At the time the Planning Act was amended to incorporate this form of
Temporary Use provision, a criteria for considering any Temporary Use By-law
for a Garden Suite was estabHshed for the Township.
The intent of this poHcy was to ensure that the unit is temporary and it is
therefore required to be connected to the existing servicing on the property and
must utiHze the existing driveway. To further ensure the unit is temporary, an
agreement is to be registered on title, which requires the removal of the unit in
ten years. When CounciJ executes this agreement, securities in the amount of $
2500.00 are also required to be submitted to the Township.
A copy of the signed agreement is attached for Council's information and once
executed would be registered on title. The applicant has also provided the
required $ 2500.00 to be held to assist in the removal of the unit (if required).
The appHcation complies with the existing Township policy for garden suites
and that the unit wiH be connected to the existing services for the existing
dweHing.
A public meeting was held on ApriJ3,2002 at which time no concerns were
noted.
On this basis, it is recommended that Council approves the Temporary Use By-
l<lw and that Council also executes the Garden Suite Agreement.
I
, RECOMMENDATION
I t is recommended that:
1. The Temporary Use By-law be approved by Council;
") That the attached Execution of Agreement by-law be approved authorizing
the Clerk and Acting Mayor to sign the agreement; and
" That the Garden Suite Agreement be registered on title at the appHcant's
expense.
Respectfu11y submitted,
Andria Leigh, Hons B.A.,AMCT, MCIP,RPP
Township Planner
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TOWNSHIP OF ORO-MEDONTE
FROM THE TOWNSHIP PLANNER
REPORT TO COUNCIL
REPORT NO.: PD2002-18
COUNCIL
PREP ARED BY: Andria Leigh
C. OF W.
DATE: April 8, 2002
MOTION
SUBJECT:
Proposed Temporary DATE
Use By-law for Garden Suite
Concession 8, Part of Lot 16,
RP 51R-22934, Part 1 (Medonte)
Development Application P-130j02
(Hamilton)
,
IBACKGROUND/ANALYSIS
The subject property is located on Line 8 North above the Moonstone Road in the
community of Moonstone. The applicant has applied for a Temporary Use By-law to
permit a Garden Suite on the property for a period of ten years. The property is 7 acres
in size and has a lot frontage of approximately 316 feet and a lot depth of approximately
960 feet.
The subject property is designated Rural with an Environmental Protection Two
Overlay in the Official Plan and zoned AgriculturaljRural (AjRU) in Zoning By-law
97-95,as amended.
In 1995 the Planning Act was amended to permit a Garden Suite on a temporary basis
for a period not to exceed ten years. A Garden Suite was defined in the Planning Act as
II a one unit detached residential structure containing a bathroom and kitchen facilities
that is ancillary to an existing residential structure that is designated to be portable."
This section of the Planning Act was to be implemented through the Temporary Use
provisions and through Council implementing a Temporary Use By-law. A Temporary
Use By-law is permitted in accordance with the Planning Act and the Township's
Official Plan; these uses may not conform to the Official Plan. With Temporary Use By-
c,J\?'-
t I I
laws once the time period has lapsed the use must cease or it will be deemed to
contravene the Zoning By-law.
At the time the Planning Act was amended to incorporate this form of Temporary Use
provision, a criteria for considering any Temporary Use By-law for a Garden Suite was
established for the Township.
The intent of this policy was to ensure that the unit is temporary and it is therefore
required to be connected to the existing servicing on the property and must utilize the
existing driveway. To further ensure the unit is temporary, an agreement is to be
registered on title, which requires the removal of the unit in ten years. When Council
executes this agreement, securities in the amount of $ 2500.00 are also required to be
submitted to the Township.
A copy of the signed agreement is attached for Council's information and once executed
would be registered on title. The applicant has also provided the required $ 2500.00 to
be held to assist in the removal of the unit (if required).
The application complies with the existing Township policy for garden suites and that
the unit will be connected to the existing services for the existing dwelling.
A public meeting was held on Apri13,2002 at which time no concerns were noted.
On this basis, it is recommended that Council approves the Temporary Use By-law and
th<1t Council also executes the Garden Suite Agreement.
I
'RECOMMENDATION
It is recommended that:
1. The Temporary Use By-law be approved by Council;
2. Th,lt the attached Execution of Agreement by-law be approved authorizing the
Cll'rk and Acting Mayor to sign the agreement; and
3. Th,lt the Garden Suite Agreement be registered on title at the applicant's expense.
Respectfully submitted,
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Andria Leigh, Hons B.A.,AMCT, MCIP,RPP
Township Planner
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TOWNSHIP OF ORO-MEDONTE
FROM THE TOWNSHIP PLANNER
REPORT TO COUNCIL
REPORT NO.: PD2002-19
COUNCIL
PREP ARED BY: Andria Leigh
C. OF W.
DA TE: April 8, 2002
MOTION
SUBJECT:
Proposed Zoning By-law DA TE
Amendment for
Concession 13, South Part of Lot 1,
RP 51R-30801, Parts 1 to 3 (Medonte)
Development Application P-128j01
(Gannon)
,
IBACKGROUND/ ANAL YSIS
A Zoning By-law Amendment application on the above noted property was
submitted on January 3, 2002. This application was submitted as a condition of
two consent applications, which were approved by the Committee of Adjustment
for residential lots. The property is located within the Rural Residential
designation in the Township's Official Plan. The parcel is located on the west
side of Catherine Street north of the Horseshoe Valley Road. The property was a
total of 7 acres in lot area with an existing dwelling located adjacent to the
Horseshoe Valley Road. The Committee of Adjustment approved two vacant
residential parcels for lots that would be 2 and 3.52 acres respectively.
The east side of Catherine Street is currently developed with a 5lot residential
su bdivision which currently has a site specific rural residential zoning. It is
proposed that the west side of Catherine Street be rezoned to the same zoning to
reflect the rural residential nature of the two parcels created.
A public meeting was held on Apri13, 2002 in accordance with the requirements
of the Planning Act and no concerns were noted.
The attached Zoning By-law Amendment would conform with the existing Rural
residential designation of the property in the Official Plan.
It is therefore recommended that the attached Zoning By-law Amendment to
rezone the subject property located in Concession 13, South Part of Lot 1, being
Parts 1 to 3, on Plan 51R-30801, from the Agricultural/Rural (A/RU) Zone to the
Rural Residential Two Exception (RUR2*5) Zone be approved.
IRECOMMENDATION
It is recommended that:
1. This report be received and adopted;
2. That the Clerk bring forward the appropriate Zoning By-law Amendment for
Concession 13, South Part of Lot 1, RP 51R-30801, Parts 1 to 3 (formerly
Township of Medonte) (Gannon) for Council's consideration.
Respectfully submitted,
~J; -t~
v
Andria Leigh, Hons B.A.,AMCT, MCIP,RPP
Township Planner
c.A.O. COT\'11\IFNTS:
DATE:
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Tri Ie T Farms Border Col
Bob & Jean Tudhope
R.R.#l, Hawkestone, Ontario (705) 48
En1ail TBordercollie@aol. com
Council of Township of OrolMedonte:
You may remember that I wrote a letter a year ago to the Council regarding
the situation on Line # 11 Ow between ] 5/J 6 sideroad and the Old Barrie
Road.
Here we are again-pot holes so bad our visitors from Barrie are very upset
when they [ma11y arrive at our place. I urged you a year ago to pave this 2-
mile stretch of road. My request was tota11y refused. So here I an1 again:
requesting the same thing. A copy of this will go to Council as wel1.
From here I am going to each resident on line # 1] as we11 as the subdivision
above the Barrie Road, to sign a petition to have this 2-mile stretch of road
paved.
Thanking you,
~$~
Jean Tudhope
COPIES: Oro Township Council
Road Superintendent
,UIJ/"--
......
NOTE: Attached letter was written 2 weeks ago. Now, March 30th,
The road is worse, almost impassable between East Ora and
Our place. Could I suggest that the township put a roadblock up
to stop traffic or they will damage their car going through the
Pot-holes.
When the road IS graded, it simply moves the MUD from one
hole to the other, due to the "gravel" being sand in the first place.
Couldn't we at least get some good solid stone gravel?
-JT
705 549 3743
4.... 4-02;11:12AM;Penetanguishene
;705 549 3743
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TOWN OF
PENETANGUISHENE
10 ROBERT STREET WEST
MAILING ADDRESS
P_O. Box 5009, PenetanguiShene, 19M 2G2
TELi:PHONE
(70:;) 1549 . '74=:13
F'A5CIMILE:
(705) 549 - ~743
April 3, 2002
To: Simcoe County Municipalities
The Council of the Corporation of the Town of Penetanguishene, at their meeting of
March 27, 2002 adopted the following Resolution on the proposed reduction of size of
County Council:
WHEREAS County Council in May of 2001 approved a report which recommended amongst
other things that County Council be reduced from 32 members to 16;
AND WHEREAS County Council is of the view that by reducing Council size there will be better
planning, communication, quality of information and quality of decision-making;
AND WHEREAS County staff have predicted that there will be $250,000.00 per year in savings
from a reduced Council size primarily from streamlining support services, not by reducing total
Council compensation;
AND WHEREAS County staff are recommending that a review should be undertaken in 2002 to
determine Council workload, schedule and remuneration;
AND WHEREAS The Council of the Town of Penetanguishene is of the view that this review
should be done and the information made available prior to the local municipalities voting on the
proposal to reduce the size of County Council so that an informed decision can be made;
NOW THEREFORE BE IT RESOLVED THAT The Council of the Town of Penetanguishene
respectively requests County Council to direct their staff to undertake a review of the projected
workload, schedule and remuneration for the proposed 16 member Council and to make this
information available to the local municipal Councils prior to the local municipal Councils voting
on the proposal;
BE IT FURTHER RESOLVED THAT the Council of the Town of Penetanguishene requests that
County Council delay their vote on the by-law to implement the proposal until they have the
results of the review:
BE IT FURTHER RESOLVED THAT this motion be circulated to all County of Simcoe member
municipalities requesting their support_
Please present this Resolution at your next Council meeting for consideration and
endorsement by your Council.
]i;in reIY/} /1/7
~t
orge Vadeboncoeur
CAOfT own Clerk
c. Helen MacRae, County of Simcoe
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY -LAW NO. 2002-039
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between Larry and Joyce pare and
The Corporation of the Township~ of Oro-Medonte,
described as lands as follows:
Pt. E. Pt. Lot. 1, Cone. 1,
Being Parts 4 and 16, 51R-28412
being all of PIN # 58554-0075 (Lt)
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 "B", 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 Schedule "A" and Appendix "B" 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 17th DAY OF APRIL, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Acting Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\ l..\ b ) f
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-40
A By-law to stop up, close and sell the original road allowance between Lots
15 and 16, Concession 3 (Geographic Township of Oro), Township of Oro-
Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632.
/
WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O. 1990, c.MAS, as
amended, Council is empowered to stop up and close any part of a highway;
AND WHEREAS pursuant to Section 31S of the Municipal Act, R.5.0. 1990, c.MAS, as
amended, Council is empowered to sell any part of a highway which is legally stopped
up and closed;
AND WHEREAS, the original road allowance between Lots 1S and 16, Concession 3
(Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe,
designated as Part 1, 2 and 3, Plan 51R-30632, more particularly described in Schedule
"A" attached hereto and forming part of this By-law, is no longer required for municipal
purposes;
AND WHEREAS the Municipal Act, R.S.O. 1990, c.MAS, sections 191 and 193, as
amended, authorize a Council of a municipality to dispose of surplus real property in
accordance with the provisions of a by-law passed by the Council, establishing
procedures governing the sale of such property;
AND WHEREAS Council passed By-law No. 1996-35 on the 17th day of April, 1996,
being a By-law to establish procedures to provide for the disposal of real property
within the Township of Oro-Medonte, pursuant to Section 193(2) of the Municipal Act,
R.5.0. 1990, c.MA5, as amended;
AND WHEREAS Council has previously caused notice of its intention to stop up, close
and sell the lands described in Schedule "A" attached to be given, in accordance with
the requirements of Section 300 of the Municipal Act, and the requirements set out in
By-law 1996-35;
AND WHEREAS Council has determined that the said road is not required for
municipal purposes, and has by resolution declared the original road allowance between
Lots 15 and 16, Concession 3 (Geographic Township of Oro), Township of Oro-
Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632, more
particularly described in Schedule "A" attached hereto, to be surplus to the municipality;
AND WHEREAS, Council has received no notice of objection to the proposed property
disposal from any party;
AND WHEREAS pursuant to Section 300 of the Municipal Act, R.5.0. 1990, c.MAS, as
amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to stop up, close and sell the original road allowance between Lots 15
and 16, Concession 3 (Geographic Township of Oro), Township of Oro-Medonte, County
of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632, to be published for four
consecutive weeks in newspapers of local circulation, and did cause such Notice to be
posted up for at least one month in six of the most public places in the immediate
neighbourhood of the said road;
AND WHEREAS pursuant to Section 297(6) of the Municipal Act, R.5.0. 1990, c.MAS,
as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of Proposed
By-law to be sent to the Clerk of the County of Simcoe and has received no notice of
objection to same;
AND WHEREAS the proposed By-law came before Council of The Corporation of the
Township of Oro-Medonte for consideration at its regular meeting on the 13th day of
April 2002, and at that time no person objected to the proposed By-law nor claimed
that his land would be prejudicially affected.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1.
Stop Up and Close - Council does hereby stop up and close the original road
allowance between Lots 15 and 16, Concession 3 (Geographic Township of Oro),
Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan
51R-30632, more particularly described in Schedule "A" attached hereto and
forming part of this By~law.
,/
2.
The Clerk shall, by notice in writing sent by Registered and regular mail, offer to
sell the lands described in Schedule "A" attached hereto and forming part of this
By-law to the owners of the abutting lands in accordance with Section 315 of the
Municipal Act, R.S.O. 1990 c.MA5, as amended. In the event that the owners of
the lands abutting the lands described in Schedule "A" attached heretQ and
forming part of this By-law do not exercise their right to purchase within 30 days
from the date of posting of the said Notice of Offer to Sell, the Offer to Sell shall
lapse, and The Corporation of the Township of Oro-Medonte may proceed to sell
the land that the abutting owner had the right to purchase to any other person
at the sale price set by Council.
3.
Authorization of Sale - Council does hereby authorize the sale of the original
road allowance between Lots 15 and 16, Concession 3 (Geographic Township of
Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2 and
3, Plan 51R-30632, as described in Schedule "A" attached hereto, to the
registered owner from time to time of the land described as West Part of Lot 16,
Concession 3 (Geographic Township of Oro), Township of Oro-Medonte, County
of Simcoe.
4.
Sale Price - In accordance with Section 315 of the said Municipal Act, Council
hereby sets the sale price for the original road allowance between Lots 15 and
16, Concession 3 (Geographic Township of Oro), Township of Oro-Medonte,
County of Simcoe, designated as Part 1, 2 and 3, Plan 51R-30632, as described
in Schedule "A" attached hereto at a consideration of $2250.00.
5.
Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law.
6.
Clerk's Affidavit -Schedule "B" attached hereto and forming part of this By-law is
an Affidavit of Marilyn pennycook, Clerk of The Corporation of the Township of
Oro-Medonte, setting out the procedures taken for the publishing and posting of
the said Notice pursuant to the provisions of the Municipal Act.
BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF APRIL 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Acting Mayor, J. Neil Craig
Clerk, Marilyn pennycook
It..\ b) 3
Schedule "A"
to By-law No. 2002-040 for The Corporation of the Township of Oro-Medonte
The original road allowance between Lots 15 and 16, Concession 3 (Geographic
Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2
and 3, Plan 51R-30632
Schedule "B"
1'1(.)} -f
to By-law 2002-040 for The Corporation of the Township of Oro-Medonte
PROVINCE OF ONTARIO, COUNTY OF SIMCOE,
IN THE MATTER of the stopping up, closing,
and selling, of the original road allowance
between Lots 15 and 16, Concession 3
(Geographic Township of Oro), Township of
Oro-Medonte, County of Simcoe, designated as
Part 1, 2 and 3, Plan 51R-30632
AFFIDAVIT
I, Marilyn Pennycook, of the Township of Oro-Medonte in the County of Simcoe, make
oath and say as follows:
1. The Deponent
I am the Clerk of The Corporation of the Township of Oro-Medonte, and as such
have knowledge of the facts hereinafter deposed of.
2. Publication
Pursuant to Section 300 of the Municipal Act, R.S.O. 1990, c.M.4S, and
amendments thereto, I did cause to be published in the Barrie Examiner, The
Orillia Packet and Times and the Midland Free Press newspapers of local
circulation, a Notice of the proposal by The Corporation of the Township of Oro-
Medonte to pass a By-law to stop up, close and to sell the original road
allowance between Lots 15 and 16, Concession 3 (Geographic Township of Oro),
Township of Oro-Medonte, County of Simcoe, designated as Part 1, 2 and 3, Plan
SlR-30632 described in the said Notice.
3. Posting
Pursuant to the said Section 300, I did cause a Notice of the said proposal to be
posted up for at least one month in six of the most public places in the
immediate neighbourhood of the said portions of road.
4. COpy of Notice
Attached to this my Affidavit as Exhibits "A" and "B" is a copy of the actual
Notice as it appeared in the Barrie Examiner, Orillia Packet and Times and the
Midland Free Press and as it was posted.
5. Dates of Publication and Posting
The first publication was on the 11th day of January, 2002, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 1st day of
February 2002. The posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 11th day of January, and such
Notices remained on the sites for at least one month. Due to a cancellation of
the first published date of Council in the notice, a subsequent publication started
with the first publication on the 21st day of March, 2002, and it continued
thereafter for 4 consecutive weeks, the last publication being on the 11th day of
April, 2002. The second posting in six of the most public places in the immediate
neighbourhood of the said road took place on the 21st day of March, 2002.
I ~ b) 5
6. Service of County of Simcoe
Pursuant to Section 297(6) of the said Municipal Act, I caused to be notified, in
writing, the Clerk of the County of Simcoe, Notice of the intention of the
Township of Oro-Medonte to pass the said By-law on the 20th day of June, 2001
and no Notice of Objection has been received by me from the Council of the
County of Simcoe.
,/
7. Council Meeting
The proposed By-law came before the Municipal Council at its regular meeting on
the 13th day of April, 2002, and at that time, no person or persons made any
claim that his land would be prejudicially affected by the By-law.
SWORN before me at the Township
of Oro-Medonte, in the County of
Simcoe, this 13th day of June 2002.
)
)
)
Marilyn pennycook
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
. 1""1""
THURSDAY, APRIL 11,2002
THE PACKET & TIMES-
EXHIBIT 'A-2' TO SCHEDULE B OF BY-LAW 2002-40
11IE COI\PORA'TICtI CF'nIE
TOWN8tlIP
,~~~~
NOTICE OF PROPOSED ROAD CLOSING
AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township
of Oro-Medonte proposes to pass a By-law to stop
up, close andsell a portion of road in the Township of
Oro-Medonte, County of Simcoe, more particularly
described in Schedule "A" hereto.
AND FURTHER TAKE NOTICE that the proposed
By-law will come before the, Council of The
Corporation of the Township of Oro~Medonte at its
regular meeting to be held at the Council Chambers
on the 17th day of April, 2002, at 7:00 o'clock p.m.
and at that time Council will hear in person or by his
counsel, solicitor or agent, any person who claims
that his land will be prejudicially affected by the
By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE
THIS 19TH DAY OF MARCH, 2002.
Marilyn pennycook, Clerk
Township of Oro-Medonte
SCHEDULE "A"
Part of the original road allowance between Lots 15
and 16, Concession 3 in the geographic Township of
Oro, in the Township of Oro~Medonte, in the County
of Simcoe, designated as Parts 1, 2 and 3 on
Registered Plan 51 R-30632.
I1nrnmnmnnnm Indicates Subject Road Allowance
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Itfb )7
EXHIB'IT " B-1" TO SCHEDULE B OF BY-LAW 2002-40
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING
AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law to stop up, close and sell a portion of road in the Township of
Oro-Medonte, County of Simcoe, more particularly described in. Schedule "A"
hereto.
AND FURTHER TAKE NOTICE that the proposed By-law will come before the
Council of The Corporation of the Township of Oro-Medonte at its regular
meeting to be held at the Council Chambers on the 6th day of March, 2002, at
7:00 o'clock p.m. and at that time Council will hear in person or by his counsel,
solicitor or agent, any person who claims that his land will be prejudicially
affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 4TH DAY OF
JANUARY,'2002. . ~ I
~ntJ'~J'r~
Marilyn ennycook, Clerk
Township of Oro-Medonte
SCHEDULE "A"
Part of the original road allowance between Lots 15 and 16, Concession 3 in the
geographic Township of Oro, in the Township of Oro-Medonte, in the County of
Simcoe, designated as Parts 1, 2 and 3 on Registered Plan 51 R-30632.
IIIIIIIIIIIII Indicates Subject Road Allowance
N
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11 "-' f Io.J
C9 THE BARRIE EXAMINER Friday, January 25', 2002
EXHIBIT 'A-1' TO SCHEDULE B OF BY-LAW 2002-40
,,.t((~1IO^,,\.)ln.l
TOWN6IilP
19';V.~ ~/!6e;zo;ik.
NOTICE OF PROPOSED ROAD CLOSING AND
SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of
Oro-Medonte proposes to pass a By-law to stop up,
close and sell a portion of road in the Township of Oro-
Medonte, County of Simcoe, more particularly described
in Schedule "A" hereto,
AND FURTHER TAKE NOTICE that the proposed By-
law will come before the Council of The Corporation of
the Township of Orc-Medonte at its regular meeting to
be held at the Council Chambers on the 6th day of
March, 2002, at 7:00 o'clock p.m. and at that time Coun-
cil will hear in person or by his counsel, solicitor or
agent, any person who claims that his land will be preju-
dicially affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS
4TH DAY OF JANUARY, 2002.
Marilyn Pennycook, Clerk
Township of Oro-Medonte
SCHEDULE "A"
Part of the original road allowance between Lots 15 and
16, Concession 3 in the geographic Township of Oro, in
the Township of Oro-Medonte, in the County of Simcoe,
designated as Parts 1. 2 and 3 on Registered Plan 51 R-
30632.
llIIIlIllIlIl Indicates Subjf:Ct Road Allowance
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EXHIBIT 'B-2' TO SCHEDULE B OF BY-LAW 2002-40
it{ b ) '1
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED ROAD CLOSING
AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law to stop up, close and sell a portion of road in the Township of
Oro-Medonte, County of Simcoe, more particularly described in Schedule "An
hereto.
AND FURTHER TAKE NOTICE that the proposed By-law will come before the
Council of The Corporation of the Township of Oro-Medonte at its regular
meeting to be held at the Council Chambers on the 17th day of April, 2002, at
7:00 o'clock p.m. and at that time Council will hear in person or by his counsel,
solicitor or agent, any person who claims that his land will be prejudicially
affected by the By-law.
DATED AT THE TOWNSHIP OF ORO-MEDONTE :HIS 19th DAY OF ~J
MARCH, 2002.' C __ij ~, . Q.. . f
~~~,.
Marilyn Pennycook, Clerk.)
Township of Oro-Medonte
SCHEDULE "A"
Part of the original road allowance between Lots 15 and 16, Concession 3 in the
geographic Township of Oro, in the Township of Oro-Medonte, in the County of
Simcoe, designated as Parts 1, 2 and 3 on Registered Plan 51 R-30632.
IIlIIIIlIIlIl Indicates Subject Road Allowance
N
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S
J Lf C:.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY -LA W NO. 2002- c::
Being a By-law to allow a Temporary Use for a Garden Suite by Roy Charles Hamilton and
Bonnie Lou Hamilton on certain lands described as Concession 8, Part of Lot 16, RP 51R-
22934, Part 1, Township of Oro-Medonte (formerly Township of Medonte), County of
Simcoe, under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P. 13, as amended.
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 of temporary uses;
AND WHEREAS Section 39 of the Planning Act, 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 pennitted uses of By-law 97-95, as amended, as they apply to the lands
described as Concession 8, Part of Lot 16, RP 51R-22934, Part 1, Township ofOro-Medonte
(fonnerly Township of Medonte), as shown on Schedule "A" attached hereto, these lands may
be used for a "Garden Suite".
2. Schedule "A" attached hereto fonns part ofthis by-law.
3. This by-law is enacted by Council and in accordance with the Planning Act, R.S.O 1990, c.P.
13, wi1l take effect from the date of passing of the By-law and is hereby repealed 10 years from
the date of passing ofthis by-law.
BY-LA W READ A FIRST AND SECOND TIME, THIS 17th DAY OF APRIL, 2002.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS
2002.
DAY OF APRIL,
THE CORPORA TJON OF THE TOWNSHIP OF ORO-MEDONTE
Acting Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
Schedule 'A' to By-Law
This is Schedule 'A' to By-law
passed the
Acting Mayor
Clerk
LEGEND
ZONES
ftl - ResidenUal One
R2 - Residential Two
aURI - Runl fie.hi.nUa. One
RUR2 - Rural RetidenUal Two
SR - Shoreline ReaidenUa}
JU.S - RuidenUa. Urniled Senice
1ft - Rural Indua\rial
U - Loc.1 Indualrial
ED - Economic Denlopmen\
AP - Airport.
YD - Waale Diaposel
LC - Local Commercial
GC - Ceneral CommereiaJ
A/RU - A.ricuUureJ/Runl
if - EnvironmenlaoJ Prolection
os - Open Spau
PR - Pr.'U\.e Recreational
FP - Floodplain Overlay
MARl - Ninen) Ann.ale
Resource One
MAR2 - ~~~:~~~/~~:Iele
- Instilutional
YD - fulure Development
day of
J. Neil Craig
Marilyn Pennycook
'"
VIII
SUBJECT LANDS
IX
.~'III'...
16
:i
(oJ
:z.
::;
=
...
:z.
Z
15
...
. ,,_0 su..c:ct 1D 1tJill'Oi....., uS( .,,#0101 ~"~"1
Township of Oro-Medonte
. 1 )
~c.\2...
S
KEY PLAN
,
lYe{ )
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- '-
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE BY-LAW AGREEMENT (GARDEN SUITE)
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND ROY
CHARLES AND BONNIE LOU HAMILTON, DESCRIBED AS PART
OF LOT 16, CONCESSON 8, RP 51R-22934, PART 1, TOWNSHIP OF
ORO-MEDONTE (FORMERLY TOWNSHIP OF MEDONTE),
COUNTY OF SIMCOE
WHEREAS Section 39(1.2) of The 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,
1990, c.MA5, as amended, to authorize the temporary use of a garden suite 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 "1", on lands described on the attached Schedule "A";
2. THAT the Acting Mayor and Clerk are hereby authorized to execute the Temporary Use
By-law Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached schedule "A" and Appendix" 1 " 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 17th DAY OF April, 2002.
BY - LAW READ A THIRD TIME AND FINALLY PASSED THIS
April, 2002.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Acting Mayor- J. Neil Craig
Clerk - Marilyn Pennycook
..
I d'
THIS AGREEMENT made the
day of
2002
BETWEEN:
Roy Charles Hamilton and
Bonnie Lou Hamilton
hereinafter called the "Owner"
OF THE FIRST P ART
AND
Elizabeth Louisa Martin
hereinafter called the "Occupant"
OF THE SECOND PART
AND
THE CORPORATION OF THE
TOWNSHIP OF ORO-
MEDONTE
hereinafter caned 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 "An 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) ofthe 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 tenns 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 ancj}}ary to an existing residential
structure and that is designed to be portable.
,
)
i
0/
-2-
1.2 "Pennitted Temporary Use" means one mobile home, used as a Garden
Suite, in accordance with the tenns 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
pennitted temporary use upon the subject lands.
2. USE, INST ALLA TION, MAINTENANCE AND REMOVAL OF GARDEN
SUITE
2.1 The Owner and Occupant sha11 be responsible, at their sole cost for the
instal1ation and maintenance of the Garden Suite upon the subject Lands in
accordance with the by-laws of the Township in effect from time to time,
Including but not limited to the Temporary Use By-law, and a11 applicable
Federal and Provincial legislation.
2.2 Subject to the tenns of this Agreement and the Temporary Use By-law, the
pennitted temporary use may be carried on upon the Subject Lands from the
date of the commencement of the Tenn of this Agreement, as hereinafter
defined.
2.3 The Owner and Occupant sha11 remove the Garden Suite from the subject
lands on or before the earlier of.
(a) in the event of default by the Owner or Occupant under -the tenns of
this Agreement or the provisions of the Temporary Use By-law, the
30th day fo11owing written notice from the Township of the
tennination ofthis Agreement;
(b) the 60th day fol1owing the date of death of the Occupant; or:
(c) the last day of the Tenn 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 shaH be recoverable from 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 wi11 be added to the tax roll and collected in a
like manner as taxes.
.
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3. TERM
3.1 The Tenn of this Agreement sha1l be for a period 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 pennit 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 tenns of
this Agreement, which default sha1l 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 tenninate this
Agreement on 30 days notice in writing to the owner and Occupant.
5.2 In the event oftennination of this Agreement, the rights of the Owner and
Occupant to continue the pennitted temporary use sha1l immediately
cease, and the Municipality sha1l 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 sha1l pay to the
Municipality on demand a1l 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 sha1l, 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.
1(./ ! '..../
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6.4 An costs and expenses exceeding the said $ 2500.00 deposit shall be
recoverable from the owner as described in Section 2.4.
7. NOTICE
An Notices to be given hereunder may be given by registered letter addressed to:
Owner: Roy Charles Hamilton and
Bonnie Lou Hamilton
5648 Line 8 North
General Delivery
Moonstone ON
LOK INO
Occupant: Elizabeth Louisa (Betty) Martin
5648 Line 8 North
General Delivery
Moonstone ON
LOK INO
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 from time to time designate
in writing, and any such Notice shan be deemed to have been given to and
received by the addressee three (3) days after the mailing thereof, postage prepaid
and registered.
~. 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, shaH be deemed severable and shaH not affect any other
provision of this Agreement.
"
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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 wi11 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 a11 remedies arising from 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 of themselves, their pennitted successors and assigns, to indemnify
and save hannless the Municipality, its servants and agents from 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 from 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 tenns 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 wi11 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;
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(d) reference to Sections and Schedules are to sections and schedules of
this Agreement and the Schedules fonn 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 . () rft...
~n.. Q k. O'u q 1 JrU...R.l..i5i\.
Bonnie Lou Hamilton, Owner
/11tJ f- ~
Elizabeth Louisa Martin, Occupant
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per:
J. Neil Craig, Acting Mayor
Marilyn Pennycook, Clerk
. .
THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN (Owner) AND THE
CORPORATION
OF THE TOWNSHIP OF ORO-MEDONTE.
DESCRIPTION OF LANDS
Concession 8, Part of Lot ]6, RP 5]R-22934, Part], Township ofOro-Medonte
(fonnerly Township ofMedonte), County of Simcoe
j~~.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- !./~<
Being a By-law to allow a Temporary Use for a Garden Suite by Jeffrey Howard and Lori
Ellen Howard on certain lands described as Concession 8, East Part of Lot 7, RP 51R-13470,
Part 1, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe,
under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P. 13, as amended.
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 of temporary uses;
AND WHEREAS Section 39 of the Planning Act, 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 pennitted uses of By-law 97-95, as amended, as they apply to the lands
described as Concession 8, East Part of Lot 7, RP 51R-13470, Part 1, Township of Oro-
Medonte (fonnerly Township of Medonte), as shown on Schedule "A" attached hereto, these
lands may be used for a "Garden Suite".
2. Schedule "A" attached hereto fonns part ofthis by-law.
3. This by-law is enacted by Council and in accordance with the Planning Act, R.S.O 1990, c.P.
13, will take effect from the date of passing ofthe By-law and is hereby repealed 10 years from
the date of passing of this by-law.
BY -LAW READ A FIRST AND SECOND TIME, THIS 17th DAY OF APRIL, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2002.
DAY OF APRIL,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Acting Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
Schedule 1A1 to By-Law
This is Schedule 'A' to By-law
passed the
day of
Acting Mayor
J. Neil Craig
Clerk
Marilyn Pennycook
LEGEND
IX
ZONES
R! - Rnidenlial One
VIII
X
8
R2 - ResidenUaJ Two
RURl - Runl Re5idenUal Onlt
RUR2 - Runl ResidenUal Two
8ft - Shoreline ResidenUal
10
tIJ
Z
:3
X
E-
X
Rts - RuidentiaJ Umtle-d SeTVi~
JR - Runl Industrial
U - Local Industrial
ED - Economic DeyeJopmenl
AP - Airport.
"D - ".,le Disposal
LC - Local Commercial
CC - Gene,.l Commercial
z
9
~ INGR.....
:3
A/RU - Alri(:ullunl/Rural
Z
tIJ
v"'" z
7 :3
X
EP - EnYironmental Protection
os - Open Space
PR Private RecreaUonal
fP - Floodplain Overlay
M4RI - WineraJ Aurea.ie
Resource One
"AR2 - :;::~:~e A\~:,.le
- In.tilulional
YD - fulure DeveJopment
Ill! LAND SUBJECT TO TEMPORARY USE BY-LAW AMENDMENT
TOWNSHIP OF ORO- MEDONTE
Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
I ./
BY-LAW NO. 2002- ...t:L.
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE BY-LAW AGREEMENT (GARDEN SUITE)
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND JEFFREY
AND LORI ELLEN HOWARD, DESCRIBED AS EAST PART OF
LOT 7, CONCESSON 8, RP 51R-13470, PART 1, TOWNSHIP OF
ORO-MEDONTE (FORMERLY TOWNSHIP OF MEDONTE),
COUNTY OF SIMCOE
WHEREAS Section 39(1.2) of The 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,
1990, c.MAS, as amended, to authorize the temporary use of a garden suite 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 "1 ", on lands described on the attached Schedule "A";
2. THAT the Acting Mayor and Clerk are hereby 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 "1" fOnTI 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 17th DAY OF April, 2002.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS
April, 2002.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Acting Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
.,
. ..
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THIS AGREEMENT made the
day of
2002
BETWEEN:
Jeffrey Howard and
Lori EBen Howard
hereinafter called the "Owner"
OF THE FIRST PART
AND
Wi11iam Howard
hereinafter caned the "Occupant"
OF THE SECOND PART
AND
THE CORPORATION OF THE
TOWNSHIP OF ORO-
MEDONTE
hereinafter ca11ed 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 tenns 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 ofthe 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.
/4-{:)/"';;
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1.2 "Pennitted Temporary Use" means one mobile home, used as a Garden
Suite, in accordance with the tenns 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
pennitted temporary use upon the subject lands.
2. USE, INST ALLA TION, MAINTENANCE AND REMOVAL OF GARDEN
SUITE
2.1 The Owner and Occupant sha11 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 of the Township in effect from time to time,
Including but not limited to the Temporary Use By-law, and a11 applicable
Federal and Provincial legislation.
2.2 Subject to the tenns ofthis Agreement and the Temporary Use By-law, the
pennitted temporary use may be carried on upon the Subject Lands from the
date of the commencement of the Tenn of this Agreement, as hereinafter
defined.
2.3 The Owner and Occupant sha11 remove the Garden Suite from the subject
lands on or before the earlier of.
(a) in the event of default by the Owner or Occupant under -the tenns of
this Agreement or the provisions of the Temporary Use By-law, the
30th day fo11owing written notice from the Township ofthe
tennination of this Agreement;
(b) the 60th day fo11owing the date of death of the Occupant; or:
(c) the last day of the Tenn 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 ofthis
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 from 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 ro11 and collected in a
like manner as taxes.
~
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3. TERM
3.1 The Tenn of this Agreement shall be for a period 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 pennit 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 tenns 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 tenninate this
Agreement on 30 days notice in writing to the owner and Occupant.
5.2 In the event oftennination of this Agreement, the rights of the Owner and
Occupant to continue the pennitted 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
reqU1res.
6.2 The Owner and Occupant shan 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 shaH, 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.
)1.}-6
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6.4 A11 costs and expenses exceeding the said $ 2500.00 deposit shall be
recoverable from the owner as described in Section 2.4.
7. NOTICE
A11 Notices to be given hereunder may be given by registered letter addressed to:
Owner: Jeffrey and Lori E11en Howard
4244 Line 8 North
R. R. #4
Coldwater ON
LOK 1 EO
Occupant: Wil1iam Howard
4244 Line 8 North
R.R.#4
Coldwater ON
LOK 1 EO
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 from time to time designate
in writing, and any such Notice sha11 be deemed to have been given to and
received by the addressee three (3) days after the mailing thereof, postage prepaid
and registered.
:-:. 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, sha11 be deemed severable and shall not affect any other
provision of this Agreement.
A \
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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 wi11 not ca11 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 a11 remedies arising from it. This provision may be pleaded by the
parties in any action or proceeding as an estoppel of any denial of such
ri ght.
11. INDEMNIFICATION FROM LIABILITY AND RELEASE
11.1 The owner and Occupant covenant and agree with the municipality, on
behalf of themselves, their pennitted successors and assigns, to indemnify
and save hannless the Municipality, its servants and agents from and
against any and a11 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 from and against a11 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 tenns 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 wi11 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;
''1~} I
-6-
(d) reference to Sections and Schedules are to sections and schedules of
this Agreement and the Schedules fonn part ofthis Agreement, and
(e) this Agreement may be executed in any number of counterparts,
each of which win be deemed an original but which together win
constitute one instrument.
IN WITNESS WHEREOF the parties have hereunder set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
~~cf
ey Ho ard, Owner r\
U{yU:~~cV
Lori EUen Howard, Owner
Q)~~~
Wi1liam Howard, Occupant
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per:
J. Neil Craig, Acting Mayor
Marilyn Pennycook, Clerk
.
.
. .
THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN (Owner) AND THE
CORPORATION
OF THE TOWNSHIP OF ORO-MEDONTE.
DESCRIPTION OF LANDS
Concession 8, East Part of Lot 7, RP 51R-13470, Part 1, Township ofOro-Medonte
(fonnerly Township ofMedonte), County of Simcoe
)y-6) g
1 ! 'T ) I
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- L
A By-law to Rezone Concession 13, South Part of Lot 1, RP 51R-30801, Parts 1 to 3,
Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe (Mike and
Paige Gannon).
WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of land and the character,
location, and use of buildings and structures within the Township of Oro-Medonte;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it
appropriate to further amend By-law 1997-95, as amended;
AND WHEREAS this By-law is in confonnity with the Official Plan of the Township of Oro-
Medonte;
AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c.
P. 13, to the Council of the Corporation of the Township ofOro-Medonte to exercise such powers.
NOW THEREFORE THE COUNCIL.oF THE CORPORATION OF THE TOWNSHIP
, OF ORO-MEDONTE ENACTS AS FOLLOWS:
1. Schedule "A 18" of By-law 97-95 for the Township of Oro-Medonte, as amended, is hereby
further amended by rezoning those lands shown on Schedule "A", attached hereto, fTom the
Agricultural/Rural (AlRU) to the Rural Residential Two Exception (RUR2*5) Zone.
2. Schedule, "A", attached, fonns part of this By-law.
3. This By-law shall take effect and come into force pursuant to the provisions of and regulations
made under the Planning Act, R.S.O., 1990 c. P. 13.
BY-LAW READ A FIRST AND SECOND TIME, THIS 17TH DAY OF APRIL 2002.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS
APRIL, 2002.
DAY OF
THE CORPORA TJON OF THE TOWNSHJP OF ORO-MEDONTE
Acting Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
Schedule 'A' to By-law
This is Schedule 'AI to By-law
passed the
day of
Acting Mayor
J. Neil Craig
Clerk
Marilyn Pennycook
',-
LEG END
R.2 - RuidenUal Two
XIII
:i
ZONES
Rl - ResidenUa. On~
........
RURJ - Runl Re.idenU.I One
RUR2 - Rural Ruidential Two
SR - Sboreline R.ellidenUal
R1S - ReaidenUal Umiled Service
1ft - Run) Indulitrial
U - Local Indu.lr~.J
ED - Economic Development
AP - Airporl
WD - W..le Disposal
LC - Loca) Commercial
GC - Cenenl Commercial
1
1
A/RU - A&ricuU.uraI/Runl
EP Environmenul ProlecUon
2
2
os - Open Space
PR - Prh'.le RecreaUonal
BASS
LAKE
FP - Floodplain O'Vulay
MARl - Minenl "cerelat.e
Resource One
NAR2 - ::::~:~/\~:,.le
- InaUluUonol
FD - Fulure Development
PROPERTY REZONED fROM THE AGRICULTURAL/RURAL (A/RU) ZONE
TO THE RURAL RESIDENTIAL TWO EXCEPTION 5 (RURZ.S) ZONE.
.
TOWNSHIP
OF ORO- MEDONTE
Township of Oro-Medonte
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