The Corporation of the Town of Bradford West Gwillimbury
Agenda
Committee of the Whole Meeting C18 August 11,2009
Meeting Location: Council Chambers, Court House 57 Holland Street East, Bradford, ON
(a) OPENING
"That this meeting of Committee come to order at p.m."
(b) DISCLOSURE OF PECUNIARY INTEREST
(c) REPORTS OF MUNICIPAL OFFICERS
I. REPORT OF THE DRAINAGE SUPERINTENDENT
1.1 Holland River Drain
"That the Report HMDSJMSB-2009-06 of the Drainage Superintendent dated August 11, 2009 entitled "Holland River Drain" be received; and that Council delegate the authority of all municipal drains within Bradford West Gwillimbury to the Holland Marsh Drainage System Joint Municipal Services Board."
2. REPORT OF THE FINANCE DEPARTMENT pgs. 12 - 16
2.1 Statement of the Treasurer under the Development Charges Act, 1997 for the Year Ended December 31,2008
"That the Report of the Director of Financerrreasurer entitled "Statement of the Treasurer under the Development Charges Act, 1997 for the Year Ended December 31, 2008" dated August II, 2009 be received for information; and
That a copy of the Statement be provided to the Ministry of Municipal Affairs and Housing." Committee Meeting C18 -2- August 11,2009
3. REPORT OF THE DIRECTOR OF ENGINEERING SERVICES pgs. 17 - 20
3.1 All Way Stop Control at Morris Road and Centre Street
"That the Report of the Director of Engineering Services entitled "All Way Stop Control at Morris Road and Centre Street," dated August 4, 2009 be received;
That an all way stop control at Morris Road and Centre Street be implemented; and
That By-Law 2007-1 19 be amended to reflect the implementation of the all way stop control at Morris Road and Centre Street."
4. REPORTS OF DEVELOPMENT & PLANNING SERVICES
4.1 Request for Site Plan Control Exemption Applicant: Mod-Aire Homes Ltd. 391 West Park Avenue File No.: SP-09-03
"That Report No. PDS-09-27 entitled "Request for Site Plan Control Exemption - Mod-Aire Homes Ltd.", be received; and,
That Council grant an exemption from Site Plan Control By-law 2002-079 for lands at 391 West Park Avenue subject to the conditions contained herein."
4.2 Building Permit Activity Report: April 1, 2009 - June 30, 2009 pgs. 27 - 30
"That the report of the Chief Building Official entitled "Building Permit Activity Report: April 1, 2009 - June 30, 2009" and dated August 11, 2009, be received for information purposes."
5. REPORT OF THE MUNICIPAL CLERK pgs. 31 - 36
5.1 Animal Control Service Contract
"That report ADM-2009-008 of the Municipal Clerk dated August 11, 2009 entitled "Kennel Inn, Animal Control Contract" be received;
That staff be directed to prepare the necessary by-law authorizing the Mayor and Clerk to enter into an agreement with Kennel Inn for the provision of animal control services." Committee Meeting C18 -3- August 11,2009
6. REPORT OF TOWN MANAGER pgs. 37 - 52
6.1 Exchange of Land Parcels with Orsi I Dykie Joint Venture Holland St. West
"That pursuant to bylaw 2007-032 (Sale and Other Disposition of Municipal Land) Council declare as surplus Part 4, Reference Plan 51 R-35772;
That Council accept the offer of the Simcoe Muskoka Catholic District School Board (SMCDSB) in the amount of $329,700, plus interest and any other statutory proceeds, for compensation in the matter of the expropriation of lands from the Town described as Parts 1 and 2, Reference Plan 51 R-34494;
That Council authorize the Mayor and Clerk to enter into and agreement on behalf of the Town with William Dykie and 297518 Ontario Limited and Michael Orsi (the "Joint Venture") for the exchange of lands and funds as follows:
From the Joint Venture to the Parts 1 and 2, Reference Plan 51 R- Town: 36270
From the Town to the Joint Part 4, Reference Plan 51 R-35772 Venture: and the proceeds from the expropriation of Town lands by the SMCDSB
That pursuant to by-law 2007-032, Council deem the Town lands described as Part 4, Reference Plan 51 R-35772, plus the proceeds from the expropriation of Parts 1 and 2, Reference Plan 51 R-34494, to be of similar value to the lands described as Parts 1 and 2, Reference Plan 51 R- 36270, to be received from the Joint Venture."
7. REPORT OF THE FIRE CHIEF I FIRE & EMERGENCY SERVICES pgs. 53 - 55
7.1 Master Fire Plan Process
"That the Report Fire 09 - 07 dated August II, 2009, entitled "Master Fire Planning Process" be received;
That Council supports the development of a Master Fire Plan and that Council requests the assistance and participation of the Office of the Fire Marshal of Ontario in the Master Fire Plan processes."
(d) CONSIDERATION OF RECOMMENDATIONS OF INTERNAL COMMITTEES Committee Meeting C18 -4- August II, 2009
(e) CONSIDERATION OF RECOMMENDATIONS OF LOCAL BOARDS
(f) CONSIDERATION OF RECOMMENDATIONS OF EXTERNAL COMMITTEESIBOARDS
1 LAKE SIMCOE REGION CONSERVATION AUTHORITY Minutes - June 26,2009
"That the minutes of the June 26, 2009 Lake Simcoe Region Conservation Authority meeting be received."
(g) INFORMATION AGENDA
"That Committee of the Whole recommend to Council that Items # 1 to 12 on the August 11, 2009 Information Agenda be received.
I The Premier of Ontario Correspondence to the Tax Recovery Group
2. County of Simcoe County of Simcoe Supports Community Schools Alliance
3. County of Simcoe Pg. 69 "Simcoe Area: A Strategic Vision for Growth," Bill 196, Barrie-lnnisfil Boundary Adjustment Act, 2009 Correspondence to the Hon. Jim Watson and the Hon. George Smitherman
4. Town of East Gwillimbury Consolidated Official Plan Review and Update - July 8, 2009
6. Town of New Tecumseth Notice of Adoption of Official Plan Amendment No. 42
7. Town of Bradford West Gwillimbury pgs. 73 - 76 Correspondence to Agriculture, Food and Rural Affairs Appeal Tribunal
8. Nottawasaqa Valley Conservation Authoritv pgs. 77 - 78 Ontario Drinking Water Stewardship Program 2009 Landowner Outreach
9. Lake Simcoe Reqion Conservation Authoritv Lake Simcoe Protection Plan Committee Meeting C18 -5- August II, 2009
10. Your Health Care Options Brochure
11. Health Care Connect Brochure
12. Hillside Gardens Correspondence from Ron Gleason"
(h) ADJOURNMENT
"That this meeting of Committee close at p.m." Bradford. west Gwillimbury
REPORT OF THE DRAINAGE SUPERINTENDENT
REPORT #: HMDSJMSB-2009-006
DATE: August 11, 2008
TO: Mayor White and Members of Council
SUBJECT: Holland River Drain
SUBMITTED BY: Frank Jonkman, Drainage Superintendent
1. RECOMMENDATIONS:
It is respectfully recommended:
That the Report HMDSJMSB-2009-006 of the Drainage Superintendent dated August 11, 2009 entitled "Holland River Drain" be received; and that Council delegate the authority of all municipal drains within Bradford West Gwillimbury to the Holland Marsh Drainage System Joint Municipal Services Board.
2. PREAMBLE:
A request for drain maintenance was received by the Clerk, dated July 2,2009 under Section 79(1) 'The power to compel repairs'of the Drainage Act. Section 79(1) states that the municipality has 45 days to respond and must be actively working on the matter. The purpose of this report is to have Council delegate the authority to the HMDSJMSB for municipal drainage activities as set out in the agreement under Article 3(3.2)(j).
3. BASIC DATA PERTAINING TO THE MATTER:
The HMDSJMSB currently does not have the authority to deal with matters related to municipal drains outside of the Holland Marsh; currently the matter would have to be managed by the Clerk with relative duties carried out by the Drainage Superintendent. It would be positive direction to include the management of all municipal drains to the HMDSJMSB. There are two municipal drains within the boundaries of Bradford West Gwillimbury that are outside the physical boundaries of the Holland Marsh. The Holland River Drain was originally constructed under an engineers report from 1931 pursuant to the Drainage Act.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
No effect.
4.2 FUTURE YEARS:
No effect.
5. ATTACHMENTS:
(a) Petition received from Bakerridge Farms (b) Holland Marsh Drainage System Joint Municipal Services Board Agreement, Article 3(3.2)(j) and Article 3.3 (c) Drainage Act, Section 79 (I), 79 (2) and 79 (3)
Respectfully submitted,
Submitted by: Approved by:
A Frank Jonkman James B. Currier, MBA Drainage SuperintendentJPM Town Manager Town of Bradford West Gwillimbury Town of Bradford West Gwillimbury
Page 2 of 2 / Bakerridge Farms June22,2009.
To: The Town of Bradford West Gwillimbury,
Re: The clerk Patricia Nash COPY TO ......
I am writing this letter to request that the municipal ditch that runs south of County RD 27, under Leonard RD and towards the canal be cleaned out of debris. This ditch is littered with fallen trees, garbage and a beaver dam. In the spring the ditch thaws and with heavy rains it cannot handleithe water, causing it to overflow its banks in doing so it floods my farm land. It is causing financial loss as well as wildlife loss. As the ditch overflows the fishbendup in the field and cannot get back into the ditch when the water level goes down. The field tile starts to drain and leaves the fish stranded to die. I have pictures upon request. I am requesting action by section 79(1) in the drainage act, the power to compel repairs, for this problem to be resolved.
Sincerely, (d) all obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants;
(e) whenever a statement or provision in this Agreement is followed by words denoting inclusion or example and then a list of or reference to specific items, such list or reference shall not be read so as to limit that generality of that statement or provision, even if words such as "without limiting the generality of the foregoing" do not precede such list or reference;
(g) all covenants and conditions shall be severable, and that should any covenant or condition in this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby.
1.8 Schedules
Schedule "A" annexed this Agreement is a Draft Authorizing By-Law that both Municipalities agree that they will execute in the general form and substa~~ceattached thereto.
ARTICLE 2 TERM
2.1 Term
This Agreement shall commence on the date first mentioned above and shall continue until the earlier of the date on which:
(a) both Municipalities have enacted by-laws that dissolve the Board; or
@) the date on which the Municipalities otherwise mutually agree to terminate this Agreement.
2.2 Assumption Upon Dissolution
Upon the coming into force of a dissolving by-law, each Municipality shall stand in the place of the Board for the purposes of that Municipality and for works, services and facilities within its geographic boundaries and the powers of the Board shall vest in that Municipality on that date.
ARTICLE 3 CREATION OF THE BOARD
3.1 Corporate Status
The Board is a body corporate and shall act as agent of the Municipalities, both jointly and severally.
3.2 Authority of the Board
The Board shall have the authority and be responsible:
(a) to represent the Municipalities and to consider the well-being and interests of the municipalities as to their mutual interest with respect to the Holland Marsh Drainage System
(b) to carry out and fulfill all of the obligations of the Municipalities under Drainage Act as such obligations may relate to their responsibilities within the geographic area of the Holland Marsh located within King and Bradford West Gwillimbury;
(c) to provide guidance and direction with respect to the day-to-day operations of the Holland Marsh Drainage System in accordance with the Business Plan and any other direction approved by the Municipalities;
(d) to develop and evaluate the policies and programs of the Holland Marsh Drainage System;
(e) to determine which services, works and facilities the Board will provide to implement and carry out the Holland Marsh Drainage System; (0 to seek out and promote opportunities for the mutual benefits to and cost sharing with the Municipalities;
(g) to investigate and advise on alternative beneficial uses of the lands, works, services and facilities in relation to the Holland Marsh Drainage System; and to ensure compliance with the requirements of the Municipalities' obligations to the public;
(h) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to inlplement the decisions of the Board;
(i) to maintain the financial integrity of the Board; 0) to carry out such other duties as may be otherwise assigned to the Board by the Councils.
3.3 Obligation to Enact By-laws
The Councils of both Municipalities shall pass a by-law in similar form to the authorizing by-law attached as Schedule "A" no later than June 30,2007.
ARTICLE 4 BOARD MEMBERS
4.1 General
The Members shall manage or supervise the management of the business and affairs of the Board.
4.2 Qualification
The following persons are disqualified from being a Member:
(a) a person who is less than eighteen (18) years of age;
(b) a person who is of unsound mind and has been so found by a court in Canada or elsewhere;
(c) a person who is not an individual; and
(d) a person who has the status of bankrupt. 4.3 Number of Board Members The Board shall consist of nine (9) voting members appointed as follows:
(a) two (2) members of the Council of Bradford West Gwillimbury as appointed by the Council of Bradford West Gwillimbury; Power to compel repairs "MANAGEMENT" SECTION 79(1) Upon forty-five days notice in writing served by any person affected by the condition of a drainage works, upon the head or clerk of the local municipality whose Places potential liability on the duty it is to maintain and repair the drainage works, the municipality is compellable by responsible municipality an order of the referee to exercise the powers and to perform the duties conferred or Does not mean that work must be imposed upon it by this Act as to maintenance and repair or such of the powers and completed within 45 days, but the duties as to the referee appears proper, and the municipality is liable in damages to the municipality must be actively owner whose property is so injuriously affected. working to complete any Municipalav liable for damapes caused by non-repair necessary work. 79(2) Despite subsection (I), the local municipality whose duty it is to maintain and repair drainage works shall not become liable in damages to any person affected'by reason of the non-repair of the drainage works until after service by or on behalf of such person of the notice referred to in subsection (1) upon the head or clerk of the municipality, describing with reasonable certainty the alleged lack of maintenance and repair of the drainage works. ) No liabilitv where drainace works blocked bv ice or snow While not liable for damages fiom 79(3) The local municipality whose duty it is to maintain and repair a drainage works is snow or ice, if municipality not liable in damages for any injury caused by reason of a drainage works being blocked becomes aware of damages to by snow or ice and overflowing the lands of any person without negligence bn the part of homes, should take measures to the municipal corporation. R.S.0. 1990,~.D.17, s. 79. address the problem. Bradford west Gwillimbury
REPORT OF THE FINANCE DEPARTMENT
REPORT #: FA 09 006
DATE: August 11, 2009
TO: Chair & Members of the Committee of the Whole
SUBJECT: Statement of the Treasurer under the Development Charges Act, 1997 for the Year Ended December 31, 2008
SUBMllTED BY: Ian Goodfellow, Director of FinanceJTreasurer
1. RECOMMENDATIONS:
1.1 That the report of the Director of FinanceJTreasurer entitled "Statement of the Treasurer under the Development Charges Act, 1997 for the Year Ended December 31, 2008" dated August 11, 2009 be received for information; and
1.2 That a copy of the Statement be provided to the Ministry of Municipal Affairs and Housing.
2. PREAMBLE:
The purpose of this report is to present Council with the Statement of Development Charges for the year ended December 31, 2008. Section 43.(1) of the Development Charges Act, 1997 requires that the Treasurer of a municipality shall in each year on or before such date as the Council of the municipality may direct, give the Council a financial statement relating to development charge by-laws and reserve funds established under the Act. Now that the 2008 external Financial Statement Audit is complete, this information is being provided to Council. Page 2 of 2
The legislation also requires that the Treasurer shall give a copy of the statement to the Ministry of Municipal Affairs and Housing within 60 days of giving the statement to Council. The statement containing the prescribed information is presented as Appendix 1.
3. BASIC DATA PERTAINING TO THE MAlTER:
The attached statement contains all of the information as required by Regulation 82-98 under the Development Charges Act. The continuity of Reserves Fund balances, credits and borrowings are disclosed in Appendix 1in addition to the sources of funding for each projects has been financed in whole or in part by development charges. The funding of the various projects has been completed in accordance with the approved 2008 budget.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
None.
4.2 FUTURE YEARS:
None.
5. ATTACHMENTS:
5.1 Appendix 1 - Statement of the Treasurer under section 43 of the Development Charges Act, 1997
Respectfully submitted, Approved for Agenda,
Ian ~oodfekow,CA Director of FinanceITreasurer APPENDIX 1 Corporation of the Town of Bradford West Gwillimbury Statement of the Treasurer under Section 43 of the Development Charges Act, 1997 December 31,2008
Cash-in-Lieu of Sanitary Sewer Roads & Protection Municipal Services Description Water DCA Parkland Services DCA DCA DCA Totals Fund Balance A/C Opening Balance as of January 1,2008 Revenues Interest earned From Developers Debenture Total Revenue Expenses Administration: G-122 DC Study Transportation: A196 Tadem Truck with Sandbox A196 Additional pickup A196 Additional Street Sweepeer A140 6th Line Phase 1 A357 6th Line Phase 2 A342 Dissette St. A347 Holland St W. 1West Park - 10th A355JA356 Holland St E. Phase 1 A357 Professor Day G-312-0111 Environmental Assessment Waste Water: Debenture Interests W154 Ritchie-Stong P.S. W140 Phase 1 Plant "DWPCP - design W036 Additional pickup (Compliance Officer) Parks/Recreation: A269 Parkland Development A196 Additonal pickup Water : W036 Additional pickup (Compliance Officer) W147 Innisfil Water Main (WSS-9) W125 Innisfil WTP W123 Pumphouse Upgrades (WSS-6) Total Expenses Closing Balance December 31, 2008 Corporation of the Town of Bradford West Gwillimbury Allocation of Roads and Related and Protection Services Reserve Fund Between Service Components December 31, 2008 Roads & Public Fire Police Total Works Services
Opening Balance as of January 1,2008 $ 625,692 $ (192,302) $ 2,780,743 $ 3,214,134
Revenues Receipts from Developers Interest Earned Other
Total Revenue
Expenses
Closing Balance December 31,2008 $ 869,612 $ (50,315) $ 1,895,058 $ 2,714,355 Corporation of the Town of Bradford West Gwillimbury Allocation of Discounted Services Reserve Fund Between Service Components December 31,2008
Parks & Related Libraries Administration Studies Total
Opening Balance as of January 1,2008 $ 2,747,335 $ 761,151 $ (666,966) $ 2,841,521
Revenues Receipts from Developers Interest Earned Other
Total Revenue
Expenses
Closing Balance December 31,2008 $ 3,822,091 $ 1,066,443 $ (527,889) $ 4,360,646 Report of the Director of Engineering Services
REPORT #: 023-ENG-2009
DATE: August 11, 2009
TO: Chair Roughley and Members of Committee of the Whole
SUBJECT: All Way Stop Control at Morris Road and Centre Street
PREPARED BY: Debbie Korolnek, P.Eng., Director of Engineering Services
1. RECOMMENDATIONS:
It is respectfully recommended:
1.1 That Committee recommend to Council that the Report of the Director of Engineering Services entitled 'All Way Stop Control at Morris Road and Centre Street", dated August 4, 2009 be received;
1.2 That an all way stop control at Morris Road and Centre Street be implemented; and
1.3 That By-Law 2007-119 be amended to reflect the implementation of the all way stop control at Morris Road and Centre Street.
2. PREAMBLE:
Requests from residents have been received to implement an all way stop control at Morris Road and Centre Street, and a deputation was received from Mr. Tahsin Sayed during the Open Forum section of the regular meeting of Council March 4, 2009. Upon review of the request by staff of the Engineering Services Department and the South Simcoe Police Department, the warrants for implementation of the all way stop control are met and staff therefore recommends the implementation of the all way stop control. Page 2 of 3
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 Use of All Way Stop Controls are Set Out in the Ontario Traffic Manual
The Town of Bradford WestGwillimbury, like all other municipalities in Ontario, uses guidelines set out in the Ontario Traffic Manual to determine where all way stop controls should be placed. This is a manual of best practices written by industry experts in cooperation with the Ontario Ministry of Transportation. By using practices that are established across all Ontario municipalities, safe driving behaviour is promoted by a predictable roadway environment that is consistent with the Highway Traffic Act.
The purpose of a stop control is to assign right of wayto cars approaching an intersection. Stop controls are not intended to control speed. The Ontario Traffic Manual recommends installing all way stop controls only where "warranted", meaning that one or more of the following criteria or "warrants" has been met for minor roads: Total vehicle volume on all intersection approaches exceeds 350 for the highest hour recorded; and volume split does not exceed 75/25 for three way control,or An average of four collisions per year has occurred over a three year perid and those collisions could have been prevented by an all way stop control or Visibility problems exist which limit the safe approach speed to less than 15 km/h, thereby creating an unreasonable accident potential. Staff of the South Simcoe police have leviewed the intersection and consider that the third warrant is met. Therefore, staff recommend the implementation of an all way stop control at this location.
3.2 Authority for Erection of Stop Signs is Under the Highway Traffic Act
The Highway TraHcAct, section 137, gives municipalities the authority to provide for the erection of stop signs at intersections on roadways under its jurisdiction through the passage of byiaws. The Town's by-law 2007-119 will require amendment to implement the all way 90p control at Morris Road and Centre Street.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
None.
4.2 FUTURE YEARS:
None. Page 3 of 3
5.0 AlTACHMENTS
Location plan - Morris Road and Centre Street
Prepared By: Approved for Agenda:
Debbie Korolnek, P. Eng. James Currier, MBA Director, Engineering Services Town Manager
REPORT OF THE DIRECTOR OF PLANNING & DEVELOPMENT SERVICES
REPORT NO.: PDS-09-27
DATE: August 11, 2009
TO: Chair Roughley and Members of the Committee of the Whole
SUBJECT: Request for Site Plan Control Exemption Applicant: Mod-Aire Homes Ltd. 391 West Park Avenue File No.: SP-09-03
SUBMITTED BY: Geoff McKnight, Director of Planning & Development Services
1. RECOMMENDATIONS:
1 That Report No. PDS-09-27 entitled "Request for Site Plan Control Exemption - Mod-Aire Homes Ltd.", be received; and,
1.2 That council grant an exemption from Site Plan Control By-law 2002-079 for lands at 391 West Park Avenue subject to the conditions contained herein.
2. PREAMBLE:
The Planning & Development Services Department is in receipt of a request from Mod-Aire Homes for exemption from Site Plan Control By-law 2002-079 to temporarily permit a modular office at 391 West Park Avenue. The purpose of this report is to recommend approval of the exemption subject to certain conditions.
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 Backwound:
In accordance with their sale agreement with SmartCentres, Mod-Air Homes vacated their former MOD-AIREHOMES LTD REQUESTFOR SITEPLAN CONTROL EXEMPTION - 391 WESTPARKAVE. AUGUST11,2009 PAGE2 OF 3 office at Side Road 10 and Bearsfield Road this past June. Recognizing a need to find a new office location, representatives of Mod-Aire had met with planning staff on occasion over the past several months to discuss potential sites. During those discussions staff explained the various application processes that would be required depending on whichever site Mod-Aire settled upon.
The subject property is located at the southerly terminus of the current extent of West Park Avenue, immediately south of the Canadian Tire building (see Attachment #1 - Location Map). The lands are designated Medium Density Residential in the CPA2 secondary plan but zoned MI-10 in Zoning By-law 79B25. Among other uses permitted in the MI-10 zone is "contractor's yard" and "tradesman's shop". Staff have interpreted that an office for a development firm is permissible within these undefined uses. The MI-10 zones includes a special provision that prohibits outside storage on the lot.
After determining the Mod-Aire office would be permitted on the lands, staff advised that construction of a new ofice building or installation of a mobile office would be subject to site plan control. Mod-Aire confirmed they intended to occupy a mobile office for a two-year period. Considering the temporary nature of the occupancy, staff suggested that Mod-Aire seek an exemption from site plan control - that request was received on July 6, 2009.
3.2 Discussion:
Staff typically recommend exemptions from site plan control when the project is generally small in scope and will be in place for a limited time - such as sales trailers for residential development. The benefit of the exemption is a reduced process timeframe and the avoidance of a formal site plan agreement.
Exemption requests are circulated for review in the same manner as site plan applications in order to obtain comments on whether the exemption is appropriate. In granting an exemption, the town requires a security from the proponent to ensure compliance with any conditions as well as the removal of structures upon expiry of the exemption.
Attachments #2 and #3 present the proposed siting and elevation of the modular office. Internal departments and the Lake Simcoe Region Conservation Authority have reviewed the drawings and have expressed no concerns. Comments from the town's consulting engineer have yet to be received but are expected shortly.
The mobile office is relatively small and is intended to be removed within two years. Its proposed siting is located such that it will not interfere with development of the Dykie JV property if the owners decide to move forward with the project. As such, staff support an exemption from site plan control for a period of two years subject to the following:
satisfying any conditions set out by the Director of Engineering Services / consulting town engineer; - revising the site plan drawing such that it confirms compliance with the setback and landscaping requirements of Zoning By-law 79B25 (staff note the M1 zone requires a minimum of 10% landscaping - for the purposes of this temporary situation, a 3-metre MOD-AIREHOMES LTD REQUESTFOR SITEPLAN CONTROL EXEMPTION - 391 WESTPARK AVE, AUGUST1 1,2009 PAGE3 OF 3
landscape strip around the periphery of the parking lot and building will be sufficient); satisfy the requirements of the Fire Chief; provide confirmation that the terms of any developers' group cost share agreements have been satisfied, as per section 14.7 of the CPA2 secondary plan; provide a letter of undertaking through which the owner commits to maintain the property in good order, remove the office within two years of council approving the exemption, and grant the town the authority to enter the property if the owner does not abide by the matters set out in the LOU; and provide the town with a $10,000 letter of credit to ensure compliance with the LOU.
It should be noted that Mod-Aire has erected and occupied the office without first obtaining a building permit and site plan control exemption. The Chief Building Official has issued an Order to Comply and will pursue that action independent of this process.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR: N/A
4.2 FUTURE YEARS: N/A
5.1 Location Map 5.2 Proposed Site Plan 5.3 Office Elevations
Respectfully submitted, Approved for Agenda by,
GEOFFMCKNIGHT, MCIP, RPP JAYCURRIER, MBA Director of Planning & Development Services Town Manager
Encls. Location Map FEeTAHIGHWAY 88
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MODAIRE HOMES LIMITED OFFICE TRAILER
TOWN OF BRADFORD WEST GWlLLlMBURY
GENERAL SITE PLAN TRAHEn SKIRT
FRONT ELEVATION Bradford west Gwillimbury
REPORT OF THE DIRECTOR OF PLANNING & DEVELOPMENT SERVICES
REPORT #: PDS-09-26
DATE: August 11, 2009
TO: Chair Roughley and Members of the Committee of the Whole
SUBJECT: Building Permit Activity Report: April 1, 2009 - June 30,2009
SUBMllTED BY: Jack Tosta, Chief Building Official
1. RECOMMENDATIONS:
1.1 That the report of the Chief Building Official entitled "Building Permit Activity Report: April 1, 2009 - June 30, 2009" and dated August 11, 2009, be received for information purposes.
2. PREAMBLE:
In an effort to keep Council informed, Schedule 'A", attached, contains a summary of building permit activity within the Town of Bradford West Gwillimbury during the reporting period of April 1, 2009 to June 30, 2009, inclusive.
3. BASIC DATA PERTAINING TO THE MATTER:
The Building Division reports to Council on a quarterly basis advising of all building permit activity with set timeframes. Schedule 'A", attached to this report, contains a summary of all construction activity for the second quarter of 2009. For comparison purposes, data from the same quarter for 2008 has also been provided.
The figures indicate that 56 residential building permits were issued in the second quarter of 2009 compared to 95 residential permits issued for the same period in the previous year. The total number of new dwelling unit permits issued to date is 106, compared to 125 from the previous year.
The number of building permits issued for commercial projects is also down from the previous year with 4 permits being issued in the second quarter as compared to 11 for the same period in 2008. COMMITTEEOF THE WHOLE 2 RE: Quarterly Report April 1,2009 - June 30,2009 August 11,2009
Additional commercial building permits are expected in the third quarter of 2009 as recent approvals are being finalized for the development of two large format commercial sites, First Gulf Development Corporation and Bradford Shopping Centres, both of which are located on Holland Street West. These recent approvals will result in the construction of six (6) new commercial buildings creating approximately 54,000 square feet of commercial space.
Schedule "B", attached, contains a Year to Date summary of building permit activity from January to June 2009. The total number of building permits issued to date is 210 which is slightly down from 254 at this time last year. However, construction value thus far is $11,066,476.00 which compared to $33,245,248.96 in 2008 is a decrease of 67 percent.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
As all building permit activity is funded by revenue collected from building permit fees, there are no effects on current Town finances.
5. ATTACHMENTS:
5.1 Schedule "A": Permit Summary Reports for April 1,2008 to June 30,2008 and April 1,2009 to June 30, 2009. 5.2 Schedule "B": Permit Summary Report for January 1,2008 to June 30,2008 and January 1, 2009 to June 30, 2009
RespectFully submitted, Reviewed by, Approved for Agenda
&w Jack Tosta, CBCO Geoffw McKnight, MCIP RPP Jay Currier, MBA Chief Building Official Director of Planning and Town Manager Development Services COMMITTEEOF THE WHOLE RE: Quarterly Report April 1,2009 - June 30,2009 Auaust 11,2009 Schedule "A"
BRADFORD WEST GWILLIMBURY Permit Summary Report From 01-Apr-2008 to 30-Jun-2008
Commercial 11 Total $14,930,480.00 $1 7,752.41 $4,034.30 Deck 22 Total $134,200.00 $3,143.46 $375.00 Demolition 1 Total $20,000.00 $0.00 $0.00 Government/lnstitutional 1 Total $80,000.00 $0.00 $0.00 Hot Tub 3 Total $13,100.00 $455.47 $150.00 Industrial 2 Total $440,000.00 $4,186.00 $300.00 Miscellaneous Structure 2 Total $91,000.00 $886.00 $80.00 Pool 17 Total $371,300.00 $1,615.00 $4,525.00 Residential 95 Total $16,523,880.00 $248,986.54 $61 ,I59.00 Septic 9 Total $49,000.00 $5,082.00 $0.00 Sign 11 Total $1 11,288.96 $2,020.57 $0.00 Site Alteration 9 Total $82,000.00 $1,975.00 $40.00 Site Servicing 1 Total $150,000.00 $972.00 $0.00 Number of 186 Grand $33,245,248.96 $290,468.20 $70,923.30 Permits: Total
BRADFORD WEST GWlLLlMBURY Permit Summary Report From 01-Apr-2009 to 30-Jun-2009
Deck Total Demolition Total Government/lnstitutional Total Miscellaneous Structure Total Pool Total Residential Total Residential - Multiple Total Septic Total Sign Total Number of 119 Grand $11,066,476.00 $133,801.45 $67,460.70 Permits: Total COMMITTEEOF THE WHOLE 4 RE: Quarterly Report April 1,2009 - June 30,2009 August 11,2009
Schedule "BV BRADFORD WEST GWlLLlMBURY Permit Summary Report From 01-Jan-2008 to 30-Jun-2008
Commercial Total Deck Total Demolition Total Government/lnstitutional Total Hot Tub Total Industrial Total Miscellaneous Structure Total Pool Total Residential Total Septic Total Sign Total Site Alteration Total Site Servicing Total Number of Permits: 254 Grand $55,176,303.59 $385,488.63 $102,359.55 Total
BRADFORD WEST GWlLLlMBURY Permit Summary Report From 01-Jan-2009 to 30-Jun-2009
Commercial 7 Total $309,000.00 $3,905.36 $1,608 00 Deck 35 Total $1 52,900.00 $4,935 51 $775.00 Demolition 9 Total $351,500.00 $1,011.42 $20,000 00 Governmenfflnstitutional 2 Total $599,000.00 $5,990.00 $0.00 Industrial 1 Total $105,142.03 $1,051.42 $0 00
Miscellaneous Structure 7 Total $21,800 00 $684.00 $145 00 Pool 7 Total $252,000 00 $575 00 $4,235 20 Residential 126 Total $21,387,167 00 $248,628 02 $131 364 80 Residential - Multiple 1 Total $200,000 00 $2,000 00 $0 00 Septic 1 Total $20,000 00 $579 00 $0 00 Sign 13 Total $21,800 00 $1,621 70 $0 00 Number of Permits: 21 0 Grand $23,509,309.03 $272,830.63 $158,228.00 Total Bradford.
REPORT OF THE CLERKS DEPARTMENT
REPORT #: ADM-2009-008
DATE: August 11,2009
TO: Chairman Roughley and Members of Committee of the Whole
SUBJECT: Kennel Inn, Animal Control Contract
SUBMITTED BY: Patricia Nash, Municipal Clerk
I. RECOMMENDATIONS:
That report ADM-2009-008 of the Municipal Clerk dated August 11,2009 entitled "Kennel Inn, Animal Control Contract" be received.
That staff be directed to prepare the necessary by-law authorizing the Mayor and Clerk to enter into agreement with Kennel Inn for the provision of animal control services.
2. PREAMBLE:
The purpose of this report is to provide background information, provide an update and receive approval for the new contract for animal control services with Kennel Inn.
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 Rationale for Undertakinn Review
In 1994, Council entered into an agreement with Kennel Inn for the provision of animal control services with annual reviews undertaken during budget discussions. This contract requires updating. The revised contract formalizes administrative practices and outlines in detail the procedures, responsibilities, and obligations of Kennel Inn under the provision of service.
3.2 Backnround
Animal control services are comprised of two operational components being enforcement and pound services. The enforcement component responds to calls from the public and patrols within the Town to capture stray dogs and enforce the animal control by-laws. There are provisions for emergency calls which include injured or dead animals on the road allowances. The pound services or shelter component focuses on the facility which provides cares and control of any pets that are picked up by enforcement staff or abandoned by the public. Report ADM-2008-008, Report of the Municipal Clerk Kennel Inn, Animal Control Services July 7,2009 Page 2 of 6
Currently, animal control services for the Town are provided by a private contractor, Kennel Inn. Kennel Inn also provides animal control services for the Towns of Markham, Richmond Hill, Township of King and the City of Vaughan.
3.3 Legislative Framework
The Municipal Act, 2001, as amended, provides for the authority for municipalities to pass bylaws regulating and prohibiting animals to be at large or trespassing of animals. The Municipal Act provides for seizure, impounding, and sale of impounded animals.
3.4 Analvsis
Our staff met with the current service provider to review service models and identify viable options for both short and long term solutions to improvement of the standard and quality of animal control services. Due to the operating costs and lack of suitable facilities, it is not feasible for the Town to consider the provision of these shelter services internally. Therefore, it is recommended that external services continue on contractual basis.
Some key differences from the previous agreement include:
- elimination of the urban/rural components of the agreement for fee for service. The revised agreement includes provision for all areas of Bradford West Gwillimbury without additional surcharges such as mileage and rural calls
- elimination of additional record keeping requirements and premiums for rural areas outside the urban serviced area
- extended level of service for enforcement, instead of 2 hours 5 days a week the proposed would be 7 hour days, 5 days a week
- inclusion of a routine monitoring of Bond Head, Foster's Forest, Newton Robinson, Dunkkeron, Kilkenny Trail and other areas which were previously outside the urban area
- enhanced patrols, enforcement and visibility
- Set the term for expiry and renewal provisions.
There are benefits to the community, if Council were to enter into the proposed agreement. Essentially, there would be increased patrols and enforcement for animal control. Budget allocation would be prorated depending on the commencement date of the proposed agreement terms.
3.5 Next Steps:
Committee is requested to provide direction and recommendation regarding the approval and authorization to enter into agreement for the provision of Animal Control Services with Kennel Inn. Report ADM-2008-008, Report of the Municipal Clerk Kennel Inn, Animal Control Services July 7,2009 Page 3 of 6
4. EFFECT ON TOWN FINANCES:
4.1 Current Year
Council has approved budget for $80,000.00 for animal control services in 2009. Under the current agreement, Council would be paying in excess of the budgeted allocation if trends continue and the number of animal control calls continue to increase under the existing agreement terms.
4.2 Future Years
There will be operational costs increases and indexing expected for the next review cycle if Council were to maintain the current agreement. The proposed agreement would increase the expenditures for animal control and a forecast has been provided within the 2010 budget.
5.0 ATTACHMENTS:
1. Animal Control Services Agreement Comparison
Submitted by: Approved by:
Municipal Clerk Town Manager Town of Bradford West Gwillimbury Town of Bradford West Gwillimbury Report ADM-2008-008, Report of the Municipal Clerk Kennel Inn, Animal Control Services July 7,2009 Page 4 of 6
unpaid or animal is a stray - Cost to be paid by Municipality)
C Veterinary Expenses Additional - Additional premium Euthenasia/Disposal
D Boarding Fees Included Rural was Per Animal - $15.001Day? If a dog is impounded by the Operator, and the owner of the dog goes to Kennel Inn to claim the dog, all costs owing must be paid by the owner, with no charge to the Corporation; E Per Call Charges Included Rural - Additional - $80.00
F 24 Hour Emergency Service - (1.e.) Included for Bradford and rural area Animal bite with animal still at large, All after hour rural area emergency responses (i.e.) premium stray domestic animal requiring weekends, & nights subject to separate invoicing veterinary service Report ADM-2008-008, Report of the Municipal Clerk Kennel Inn, Animal Control Services July 7,2009 Page 5 of 6
Previously rural rate was at $80 per km
Vehicle & Equipment
I Retained Licence Fees Entire fees would be remain by the Town $1 0.00 per licence is provided to Kennel Inn J Quarantine Charges Additional - $9.00/animal (Cost to be charged to owner of animal. If unpaid Additional premium or animal is a stray - Cost to be paid by Municipality) Bradford -1 patrollday Mon. to Fri. K Patrols Head, Arthur Evans, Kilkenny Trail, Fosters Forest Rural -Additional premium - I patrofweek Rural was: No Patrols Calls are responded to on an as needed basis
L Extended Shelter Hours Included Included Not included M Domestic Road Casualties - Included for dogs and cats only Additional charge per call Removal of Dead or Injured Domestic animals Report ADM-2008-008, Report of the Municipal Clerk Kennel Inn, Animal Control Services July 7,2009 Page 6 of 6
Pick-up of Traps with Domestic
Additional - Sum of E & G Where residents refuse or cannot come to Kennel Inn to pick up and return traps or trapped cats, Town is charged
P Office & Telephone Reception Included Included
Q Dog Owner's Liability Act Charges Municipal responsibility Municipal Responsibility
R Long Term Housing (DOLA or By- Additional premium Additional premium law Enforcement) REPORT OF THE TOWN MANAGER
REPORT #: TM 05-09
DATE: August 11,2009
TO: Chairman and Members, Committee of the Whole
SUBJECT: Exchange of Land Parcels with Orsi 1 Dykie Joint Venture Holland St. West
SUBMIlTED BY: Jay Currier MBA, Town Manager
1. RECOMMENDATIONS:
That pursuant to bylaw 2007-032 (Sale and Other Disposition of Municipal Land) Council declare as surplus Part 4, Reference Plan 51 R-35772;
That Council accept the offer of the Simcoe Muskoka Catholic District School Board (SMCDSB) in the amount of $329,700, plus interest and any other statutoryproceeds, for compensation in the matter of the expropriation oflands from the Town described as Parts 1 and 2, Reference Plan 51 R-34494
That Council authorize the Mayor and Clerk to enter into and agreementon behalf of the Town with William Dykie and 297518 Ontario Limited and Michael Orsi (the "Joint Venture") for the exchange of lands and funds as follows:
From the Joint Venture to the Parts 1 and 2, Reference Plan 51 R- Town: 36270
From the Town to the Joint Part 4, Reference Plan 51 R-35772 and Venture: the proceeds from the expropriation of Town lands by the SMCDSB
Page 1 of 4 That pursuant to bylaw 2007-032, Council deem the Town lands described as Part 4, Reference Plan 51 R-35772, plus the proceeds from the expropriation of Parts 1 and 2, Reference Plan 51 R-34494, to be of similar value to the lands described as Parts 1 and 2, Reference Plan 51R-36270, to be received from the Joint Venture
2. PREAMBLE:
The Town owns a small and unusually shaped parcel of land ('L' shaped) at the northern extremity of the subdivision commonly referred to as the "Joint Venture" (JV) parcel. The subdivision is owned by a consortium comprised of William Dykie, 297518 Ontario Limited and Michael Orsi.
The lands now owned by the Town were conveyed by the JV in 1985. At that time there was an intention to access Holy Trinity High School directly from Holland St. W.via West Park Avenue. There was also a plan to create Town park facilities adjacent to the western boundary of Holy Trinity.
More recently, the SMCDSB decided to construct an addition on to Holy Trinity. To accomplish this, the Board expropriated part of what was originallyto be the Town park area. The Town has yet to settle the compensation part ofthe expropriation by the Board.
The initial intentions of the Town, the School Board, and the developet; dating back to the mid -19801s,have substantially changed. The developer has requested that the lands originally conveyed to the Town in 1985 be returned in exchange for a similarly sized parcel connected to Alan Kuzmich Memorial Park, effectively enlarging Kuzmich Brk by just over three acres. The lands to be conveyed to the JVin this exchange are of no practical value to the Town in their current configuration and hence the proposed exchange is viewed by staff as beneficial to the Town.
This report recommends actions that will effect the proposed land exchange.
3. BASIC DATA PERTAINING TO THE MAlTER:
3.1 HISTORY AND LOCATION OF THE TOWN LANDS
The lands commonly known as the "Joint Venture" subdivision (or "JV subdivision) are located at the south west corner of Holland Street W. and Melbourne Drive. Over the past many years, various commercial parcels fronting on Holland St. have been severed from the subdivision (Canadian Tire, Tim Hortons, First Avenue Properties etc.). From Holland St. W., the subdivision lands are accessed by West Park Drive (between Tim Hortons and Canadian Tire). From Melbourne Drive the subdivision will be accessed by Miller Park Avenue once the residential component of the development commences. The subdivision will also be accessible from the south via Wilson Avenue and Sutherland Avenue in Southfield.
At or near the time of construction of Holy Trinity High School on Melbourne Avenue, the Town decided that it would construct a Town park immediately to the west of the Holy Trinity site. To achieve its park objectives, the Town acquired lands at no cost from the Joint Venture in 1985.
Page 2 of 4 The lands generally consist of what was proposed then to be part of the West Park Drive right- of-way (comprised of approximately 1.6 acres) together with the lands to be used for park purposes (comprised of approximately3 acres). The location and configuration of the property is shown on the attached Schedule '1'. Taken together, the lands consist of approximately 4.6 acres of fallow lands.
For various reasons, before construction began a design decision was taken to access Holy Trinity from Melbourne Drive instead of from Holland St.W. 1 West Park Drive. That decision effectively rendered as impractical the Town's plans for a park to the west of Holy Trinityas well as access to the park and to Holy Trinity via West Park Drive.Hence, no work was undertaken on the lands and they reman in an unimproved state.
As Council will recall, the Ontario Municipal Board recently approved a substantially altered plan of subdivision for the JV lands. Other than for the northerly starting point, the configuration of West Park Avenue bears virtually no resemblance to the location of the road as it was envisioned in 1985. The right of way acquired by the Town for access to the park and school thus has no practical value to the Town.
3.2 HISTORY OF THE PROPOSED LAND EXCHANGE AND THE SMCDSB EXPROPRIATION
Many years ago, following completion of Holy Trinity, both the Joint Venture and the Town recognized that it would be appropriate for the Tom to return the lands to the JV that were conveyed to the Town in 1985. The Town and the JV agreed in principle to an exchange of property where the Town would convey its right-of-way and park lands back to the JV in exchange for another similarly valued parcel adjacent to Kuzmich park. In 2005 Town Council took the first step in the exchange process by declaring the original right-of-way and park lands to be "surplus" (under legislation that has been superseded).
Just as steps in the land exchange process began to occur, however, the Simcoe Muskoka Catholic District School Board identified a need for part of the Town lands for the purpose of constructing an addition to the school building. The Board initiated expropriation proceedings to acquire about 1.6 acres of the Townowned lands, plus some of the adjoining lands to the south owned by the Joint Venture. The expropriation proceedings put the land exchange process on hold. The portion of Town lands that was expropriated is shown on Schedule '2'.
The expropriation process has now been concluded with the exception of payment of compensation to the Town. It is proposed that the Town accept the compensation(appraised value) originally offered by the Board.
The monies payable to the Town would be turnedover to the Joint Venture as part of the exchange since the JV will now receive about 1.6 fewer acres than were originally contemplated in the initial exchange agreement. The JV has indicated its agreement with the Board's offer of compensation to the Town and payment in this amount in lieu of conveyance of the lands that were taken by the Board.
Page 3 of 4 3.3 LOCATION OF THE JOINT VENTURE LANDS
Lands owned by the Joint Venture thd are proposed to be exchanged for the present Town lands are located immediately north of and abutting the Alan Kuzmich Memorial Park. The lands consist of approximately 3.4 acres of mostly nonforested meadows. The JV lands are show on Schedule '1' attached to this report. These lands would represent a significant addition to the already prominent Kuzmich park lands in the Brookfield and Southfield subdivisions.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
None. The Town's legal and other costs associated with the land exchange will be reimbursed by the Joint Venture.
4.2 FUTURE YEARS:
None
5. ATTACHMENTS:
Schedule '1' Location Sketch showing Town and JV Lands
Schedule '2' Location Sketch showing retained Town Lands and Lands expropriated by the SMDCSB
Schedule '3' Draft agreement between the Joint Venture and the Town
Respectfully submitted,
~amesB. Currier, MBA Town Manager
Page 4 of 4
SCHEDULE 2.
Canadian Tire
Cathol~cH~gh School
Braciforc! avcst SUBJECT AREA (-i~rilli~i~ijry&\g@g I I A %;rwang T--ctrici 1 SCHEDULE 3.
THIS AGREEMENT made this 22ndday of October, 2008
BETWEEN:
WILLIAM DYKlE and 297518 ONTARIO LIMITED and MICHAEL ORSl (hereinafter called the "Joint Venture")
THE CORPORATION OF THE TOWN OF BRADFORD WEST GWlLLlMBURY (hereinafter called the "Town")
WHEREAS the Joint Venture is the registered owner of (inter alia) those lands and premises in the Town of Bradford West Gwillimbury, hereinafter called the "JV Lands", described as follows: a. Part of Lot 13, Concession 6 (West Gwillimbury) being part 1 on reference plan of survey deposited as 51 R- 36270 (being part of PIN 5801 3-0837), and b. Part of Block 170, Plan 51M-893, being part 2 on reference plan of survey deposited as 51 R-36270 (being part of PIN 58013-1230)
AND WHEREAS the Town is the registered owner of those lands and premises the Town of Bradford West Gwillimbury, hereinafter called the "Town Lands", described as follows:
a. Part of Lot 13, Concession 6 (West Gwillimbury) being part 4 on reference plan of survey deposited as 51 R-35772 (being part of PIN 58013-0827);
AND WHEREAS it is proposed that the Town transfer the Town Lands to the Joint Venture, and that the Joint Venture transfer the JV Lands to the Town;
AND WHEREAS such a transfer or exchange of lands will permit the Town to acquire additional parkland in a more appropriate location;
AND WHEREAS the said transfers will facilitate the development by the Joint Venture of those lands affected by the draft plan of subdivision composed of part of Lot 13, Concession 6, Bradford West Gwillimbury (Town file No. S-03-02);
AND WHEREAS the Joint Venture has agreed to transfer the JV Lands to the Town and, in consideration of such transfer, the Town has agreed to transfer the Town Lands to the Joint Venture;
AND WHEREAS the parties hereto have entered into this agreement (the " Agreement") in order to govern their rights and responsibilities to each other in respect of the foregoing obligations.
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page 1 NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto for themselves and their successors and assigns, covenant and agree with each other as follows:
1. The following defined terms shall have the following meanings:
(a) "Effective Date" shall mean that date which is fifteen (15) days following the completion of the following event, namely 1. Council of the Town has approved the sale of the Town Land, and the acquisition of the JV Land, in accordance with the policy of the Town and, specifically, in accordance with the terms of By-Law 2007-032; provided further that if such date falls on a date on which the Land Registry Office is not open, then the Effective Date shall be that next following date on which the Land Registry Office is open.
(b) "JV Lands" means: Part of Lot 13, Concession 6 (West Gwillimbury) being part 1 on reference plan of survey deposited as 51R- 36270 (being part of PIN 58013-0837), and Part of Block 170, Plan 51M-893, being part 2 on reference plan of survey deposited as 51 R-36270 (being part of PIN 58013-1 230);
(c) "Town Lands" means: Part of Lot 13, Concession 6 (West Gwillimbury) being part 4 on reference plan of survey deposited as 51 R-35722 (being part of PIN 5801 3-0827);
Transfer of the JV Lands and the Town Lands
On the Effective Date, or such earlier or other date as the parties may determine, the Joint Venture shall execute and deliver to the Town a registerable transfer of the JV Lands. The title of the Joint Venture to the property shall be good and free from all registered restrictions, charges, liens, and encumbrances whatsoever except as otherwise specifically provided for in this Agreement. Provided, however, that the Town agrees to consent to the removal of any agreements, easements, or restrictions registered on title in favour of the Town and, if such consent is provided, the Joint Venture will register a release of same; alternatively (if no such consent is provided), the Town agrees to take title subject to any such agreements, easements, and restrictions. The Town acknowledges and agrees that the conveyance to it of the JV Lands will satisfy all requirements for parkland dedication under the Planning Act for all lands developed and/or to be developed by the Joint Venture, including the 3 3/4 acre parcel held by Mrs. Natalie Dykie and described as Part of Lot 13, Concession 6, designated as Part 1, Plan 51 R-15688 (PIN 5801 3-0042), and including the land
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page 2 previously sold to A & P Stores (now Canadian Tire), Tim Horton's and First Avenue Commercial, and including the present draft Plan of Subdivision S-03-02.
3. On the Effective Date, or such earlier or other date as the parties may determine, the Town shall execute and deliver to the Joint Venture a registerable transfer of the Town Lands. The title of the Town to the property shall be good and free from all registered restrictions, charges, liens, and encumbrances whatsoever except as otherwise specifically provided for in this Agreement.
4. The parties hereto agree that the transfers of both the JV Lands and the Town Lands shall be subject to those terms and conditions set out in Schedule "A hereto and that, for the purposes of Schedule "A: a. the Town shall deemed to be the Purchaser of the JV Lands and the Vendor with reference to the Town Lands, and b. the Joint Venture shall be deemed to be the Purchaser of the Town Lands and the Vendor of the JV Lands.
Transfer to the Joint Venture of any Proceeds of Expropriation
The Town acknowledges that it may be entitled to compensation from the Simcoe Muskoka Catholic District School Board (the "School Board") on account of the expropriation by the School Board of lands, formerly owned by the Town, adjoining to the east of the Town Lands, and which lands are described as Part of Lot 13, Concession 6, designated as Part 2, Plan 51R-35772, Town of Bradford West Gwillimbury. The Town hereby agrees to convey and transfer to the Joint Venture, from and after the Effective Date, the full benefit of any such compensation currently payable to it or that may in future be determined as owing to it, together with interest as provided in the Expropriation Act from the date of the initial appraisal. The Town agrees to provide to the Joint Venture copies of all its records dealing with the expropriation by the School Board that are not privileged, including appraisal reports and correspondence between the Town and the School Board. The Town agrees that it shall have the same rights and privileges as if it were the owner of the property at the time it was expropriated. The Town agrees to execute any such further assurance as may be required to give effect to the terms of this paragraph.
The Town acknowledges that the School Board has committed to contributing to costs incurred by the Joint Venture or to be incurred by the Joint Venture for external services to the School Board's lands.
Costs
6. The Joint Venture shall pay, on or before the Effective Date, the reasonable legal costs incurred by the Town in the preparation, negotiation, execution and completion of the terms of this Agreement.
Condition
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc 7. This agreement is conditional for forty-five (45) days from acceptance upon the Council of the Town approving the sale of the Town Land, and approving the acquisition of the JV Land, in accordance with the policy of the Town and, specifically, in accordance with the terms of By-Law 2007-032, and, failing such approval, this agreement shall be null and void and of no further effect.
Future Parkland Improvements
8. The Joint Venture acknowledges that the transfer of the JV Lands to the Town is made to provide parkland for the benefit of the Town and that, notwithstanding that this transfer occurs prior to the registration of a plan of subdivision permitting development on adjoining lands currently owned by the Joint Venture, the Joint Venture agrees and covenants that it shall be responsible to perform and provide certain works and improvements on the JV Lands, which works and improvements are to be negotiated by the parties hereto and set out in the future development or subdivision agreement permitting development on the said adjoining lands. Without limiting the effect or generality of paragraph 13 below, the Joint Venture confirms that the terms of this paragraph 8 are binding on and shall enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, assigns and subsequent transferees. The Joint Venture further agrees and covenants that it shall provide actual notice of the terms and provisions of this paragraph to any future transferee obtaining an interest in the adjoining lands owned by the Joint Venture.
The Town acknowledges and agrees that the conveyance to it of the JV Lands will satisfy all requirements for parkland dedication under the Planning Act for all lands developed by the Joint Venture, including the 3 % acre parcel held by Mrs. Natalie Dykie and described as Part of Lot 13, Concession 6, designated as Part 1, Plan 51 R-15688 (PIN 58013-0042), and including the land previously sold to A & P Stores (now Canadian Tire), Tim Horton's and First Avenue Commercial, and including the present draft Plan of Subdivision S-03-02.
Further Terms
9. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement or supported hereby other than as expressed herein in writing.
10. The parties hereto agree that the description of the JV Lands and of the Town Lands may be subject to minor variation.
11. Any demand notice or other communication (the "Communication") to be given in connection with this Agreement shall be given in writing and shall be given by personal delivery, telecopier or by mailing by registered mail with postage thereon, fully prepaid in a sealed envelope addressed to the intended recipient as follows:
(a) to the Town at:
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page 4 100 Dissette Street, Units 7 & 8 Post Office Box 100 Bradford, Ontario, L3Z 2A7 Attention: Jay Currier Telecopier No. : (905) 775-0153
With a copy to: C/O Hill Hunter Law Firm P.O. Box 324 17360 Yonge Street Suite 200 Newmarket, Ontario, L3Y 4x7 Attention: Mr. Gordon Hunter Telecopier No: (905) 895-4064
(b) to Joint Venture at:
(as to 297518 Ontario Limited and William Dykie) P.O. Box 604 Bradford, Ontario L3Z 2B2
(as to Michael Orsi) P.O. Box 1060 Bradford, Ontario L3Z 2B5
with a copy to:
Feehely, Gastaldi Barristers & Solicitors 5 Mill St. E. PO Box 370 Tottenham, Ontario LOG IWO
Attention: James J. Feehelv Telecopier No. (905) 936-5102)
or to such other addresses, telecopier number or individual as may be designated by a Communication given by a party to the other party as aforesaid. Any Communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof, if given by registered mail on the third business day following the deposit thereof in the mail and if given by telecopier, on the business day following the day on which it was telecopied. If the party giving any communication knows or reasonably knows of any difficulties with the postal system which might effect the delivery of mail, any such Communication
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page 5 shall not be mailed but shall be given by personal delivery or by telecopier
12. Time shall be of the essence of this Agreement and every part hereof and no extension or variation of this Agreement shall operate as a waiver or this provision. Provided, however, the parties acknowledge that in the event one of the parties (the "Defaulting Party") fails on a prescribed date to perform an obligation set out in this agreement, the other party (the "Innocent Party") is entitled, but not required, to elect to regard this Agreement as continuing and the lnnocent Party may establish a new date for the performance of the said obligation by the Defaulting Party.
13. This Agreement, all of the terms, covenants, conditions and other provisions contained herein and all of the obligations under or pursuant to this Agreement shall be binding on and shall enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, assigns and subsequent transferees.
14. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
15. Any dispute or difference between the parties hereto concerning questions of fact, procedures, practices or standards relevant to this Agreement which cannot be resolved or settled by the parties, shall be settled and determined by arbitration. The provisions of this Section shall be deemed to constitute a "submission" within the meaning of the Arbitrations Act of Ontario (the "Act") and the provisions of the Act, except to the extent that a contrary intention is expressed herein, shall apply to any arbitration hereunder. Either party may at any time give written notice to the other of its desire to submit such dispute to arbitration stating with reasonable particularity the subject matter of such dispute. Within 5 business days after receipt of such notice, the parties shall appoint a single arbitrator with appropriate experience to determine such dispute. If the parties fail to appoint an arbitrator either party may apply to a Judge of the Supreme Court of the Province of Ontario to appoint an arbitrator to determine such dispute. The arbitrator so appointed shall forthwith proceed to arbitrate the dispute. The costs of the arbitration shall be paid as determined by the arbitrator. Notwithstanding anything to the contrary contained in the Act, the award of the arbitrator shall be final and binding upon the parties and all persons claiming through or under them and may not be subject to review or appeal in any court of law or equity. An award of the arbitrator is a condition precedent to the right of either party or any person claiming through or under a party to bring any suit, action or other proceeding in any court of law or equity against either party or any person claiming through or under a party or against the arbitrator in respect of any matter for which arbitration is herein provided. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction and thereupon execution or other legal process may issue thereon. The parties hereto and all persons claiming through or under them hereby attorn to the jurisdiction of the arbitrator and to the jurisdiction of any court in which the judgment may be entered. Arbitration may not be waived except upon delivery by the parties of a written notice to that effect.
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page f3 16. With reference to the transfers of the Town Lands and the JV Lands, and provided that the Town satisfies in full the condition(s) set out in paragraph 7 above, this Agreement:
(a) sets forth the entire agreement between the parties hereto;
(b) supersedes all prior understandings and oral and written communications between the parties hereto; and
(c) constitutes the entire agreement between the parties hereto.
17. Whenever the singular or masculine are used in this Agreement, they shall mean and include the plural and feminine if the context or the parties hereto so require. Any reference to the Town or the Joint Venture shall include, where the context allows, the servants, agents, invitees and licensees of the Town or the Joint Venture and all others over whom the Town or the Joint Venture might reasonably be expected to exercise control.
18. This Agreement, or notice of this Agreement, shall not be registered on title to, and against, the Town Lands or the JV Lands.
19. The closing of this transaction or the acceptance of deemed acceptance of the within Agreement shall not merge this Agreement and any resulting contract of purchase and sale and any and all conditions contained herein or therein, all of which shall survive the closing of the transaction.
IN WITNESS WHEREOF the Owner has hereunto set his hand, and the Town has affixed its corporate seal, attested to by its proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED in the presence of: 1
X:\Docs\ghunter\63689 2009 03 06 draft a ireement CHANGES BRYAN.doc Per:
Per: We have authority to bind the Corporation
THECORPORATION OF THE TOWNOF BRADFORDWEST GWILLIMBURY
Per:
Per: We have authority to bind the Corporation
X:\Docs\qhunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc SCHEDULE "A"
7 GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the . . . . Purchase Price. !Q G I, . . .-. . . CCT \In .V. I .( -e~e purposes of the Goods and Services Tax ("GST") in accordance with the applicable provisions in that regard pursuant to the Excise Tax Act of Canada, as amended, or otherwise be exempt from the requirement to pay GST. The Purchaser covenants to deliver a Statutory Declaration on closing confirming its GST exemption or its registration number, together with a copy of the registration confirmation, which shall be conclusive of such GST registration, and shall preclude the Vendor from collection of GST from the Purchaser on closing. The Purchaser further covenants to deliver on closing an indemnity in favour of the Vendor as to any obligation or liability for payment of GST arising from completion of this Agreement. 64C 8 TITLE SEARCH: Purchaser shall be allowed until p.,... -the . date. of closing (Requisition Date) to examine the title to the property at his own expense and u&W+e&k: sf: (w
-to -to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use (...... ) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9 FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10 TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and
within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections shall be at an end and all monies shall be returned without interest or deduction an d Vendor, Listing Broker and Co-operating Broker shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. CLOSING ARRANGEMENTS: Where each of the vendor and purchaser retain a lawyer to complete the Agreement of Purchase and Sale of the property, and where the transaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, Chapter 1.4, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the delivery of documents and the release thereof to the Vendor and Purchaser may, at the lawyers discretion: (a) not occur contemporaneously with the registration of the transferldeed (and other registerable documentation), and (b) be subject to conditions whereby the lawyer receiving documents andlor money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers. 11 DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registrable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12 INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page 9 submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion, Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking badc a ChargelMortgage, or Purchaser is assuming a ChargelMortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if PURCHASER complies with the subdivision control provisions of the Planning Act by completion and PURCHASER covenants to proceed diligently at his expense to obtain any necessary consent by completion. DOCUMENT PREPARATION: The TransferIDeed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor, and any ChargelMortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the TransferlDeed to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R.S.O. 1990. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada. ADJUSTMENTS: . . ~e time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by the Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Ofice, Credit Union or Caisse Populaire. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provision of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. UFFI: [
-The Purchaser is hereby notified that a consumer report containing credit andlor personal information may be referred to in connection with this transaction. AGENCY: Unless otherwise specified in the Declaration of Representation, it is understood that all brokers involved in this transaction are working for the Vendor. Purchasers are at liberty to seek representation from a broker under separate contract or receive customer service from the Vendor's broker. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein.
X:\Docs\ghunter\63689 2009 03 06 draft agreement CHANGES BRYAN.doc page 10 Bradford.
REPORT OF THE FIRE CHIEF / FIRE & EMERGENCY SERVICES
REPORT #: Fire 09 - 07
DATE: August 11,2009
TO: Mayor and Council
SUBJECT: Master Fire Plan Process
SUBMITTED BY: Lorne Arscott, Fire Chief
1. RECOMMENDATIONS:
That Council receives the report Fire 09 - 07 dated August II, 2009, entitled "Master Fire Planning Process".
That Council supports the development of a Master Fire Plan and that Council requests the assistance and participation of the Office of the Fire Marshal of Ontario in the Master Fire Plan processes.
2. PREAMBLE:
The purpose of this report is to outline the intent of a Fire Department Master Plan as well as to gain Council support and approval to proceed with the development of a Master Fire Plan. Once developed, the Master Plan will then be presented to Council as a recommendation for acceptance and implementation.
3. BASIC DATA PERTAINING TO THE MATTER:
A Master Fire Plan is a strategic blueprint for fire protection that addresses all local needs and circumstances based upon costs the community can afford.
The Master Fire Plan is the tool for identifying options to provide the desired fire protection levels to a community. Ultimately a solid plan will lead to a more fire safe community with less fire deaths, injuries and property loss.
The Master Plan, presents the programs, projects, costs and the schedules for developing and maintaining a fire protection system based on the most effective and efficient method of delivery that has been accepted and approved by Council on behalf of the community. Page 2 of 2
Master planning itself is not a new concept; many municipalities are successfully involved in the process.
The plan forms the basis of the fire protection budget, through identification and description of the time-phased programs and projects to be implemented throughout the planning period. The plan considers the following factors: The current and future fire protection environment and potential problems by establishing and maintaining a comprehensive database The acceptable life and property risks by setting goals and objectives The fire protection system which provides the level of service commensurate with the level of risk The funding required to implement the plan The assignment of authority and responsibility The procedures for carrying out and updating the plan
The Master Fire Plan defines the community fire environment, identifies problems, solutions and provides the future direction of the delivery of fire protection services
The plan requires continuous updating to provide a current picture of the needs of the community
The overall objective of any "Fire Service" is to provide the community with the optimum level of protection from fire and other related public health hazards, while at the same time, ensuring an appropriate level of health and safety for firefighters.
The Office of the Ontario Fire Marshal will provide technical support, advice and assistance, upon request of Municipal Council, with the development of a Master Fire Plan as well as conducting a fire department review. The Fire Service Review will act as an information base from which to develop the Master Fire Plan.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR: (2009)
The Master Planning process will involve a number of meetings and potentially some meeting expenses that can be absorbed in the Fire Department budget. Future costs to implement recommendations in the master plan will not be known until the Plan has been formalized and determined by Council. Where possible, implementation costs will be identified in the Master Plan. Page 3 of 2
4.2 FUTURE YEARS:
To be determined by the Master Fire Plan as approved by Council.
Respectfully submitted, Approved for Agenda
Lorne Arscott Jay Currier Fire Chief Town Manager
LA11 i Attc h . Board Members Present: Staff Present: V. Hackson, Chair D. Gayle Wood, C.A.O./Secretary-Treasurer Councillor B. Drew, Vice-Chair B. Kemp, Director, Conservation Lands Councillor S. Agnew K. Neale, AIDirector, Corporate Services Mr. E. Bull M. Walters, Director, Watershed Management Councillor G. Campbell R. Baldwin, Manager, Watershed Science Councillor K. Ferdinands T. Hogenbirk, Manager, Engineering & Technical Services Mayor R. Grossi K. Christensen, Coordinator, Human Resources Councillor B. Huson K. Kennedy, Land Securement Officer Councillor J. McCallum G. Casey, Coordinator, BoardICAO, Projects & Services Councillor J. O'Donnell Councillor J. Rupke Guests: Deputy Mayor G. Wauchope M. Geist, UDI Representative Mayor J. Young Regrets: Regional Councillor J. Grant Regional Councillor H. Herrema Councillor E. MacEachern Councillor A. Nuttall Regional Councillor J. Taylor Mayor R. Stevens
I DECLARATIONS OF PECUNIARY INTEREST Deputy Mayor Gord Wauchope and Mr. Eric Bull declared a conflict of interest in relation to item Vlll (10). If this Staff Report (No. 40-09-BOD regarding Bill 196: Proposed Barrie- lnnisfil Boundary Adjustment Act, 2009) is identified for discussion neither will participate in the discussion.
II APPROVAL OF AGENDA Chair Hackson requested approval to move item Vlll (5) - Sheppard's Bush Conservation Area Management Plan forward to Presentations and further recommended that the Closed Session discussion be handled following the Announcements.
Moved by: J. Young Seconded by: J. O'Donnell
BOD-088-09 RESOLVED THAT the content of the Agenda for the June 26th, 2009, meeting of the Board of Directors be approved as amended. CARRIED take Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26'h, 2009 - Minutes
Ill ADOPTION OF MINUTES
(a) Board of Directors
Moved by: G. Wauchope Seconded by: R. Grossi
BOD-089-09 RESOLVED THAT the minutes of Board of Directors Meeting No. BOD-05-09, held on May 22nd, 2009, be adopted and approved as printed and circulated. CARRIED
(b) Administrative Committee
Moved by S. Agnew Seconded by: B. Drew
BOD-090-09:RESOLVED THAT the minutes of Administrative Committee meeting No. AC-05-09, held on June loth, 2009, be adopted and approved as printed and circulated. CARRIED
(c) Conservation Ontario - Council Meeting
Moved by: G. Wauchope Seconded by: J. O'Donnell
BOD-091-09: RESOLVED THAT the minutes of the April 27th, 2009 meeting of Conservation Ontario's Council be received for information. CARRIED
IV ANNOUNCEMENTS
(a) LSRCA Annual Conservation Awards Chair Hackson advised that the LSRCA Annual Conservation Awards will be held on October 29'h, 2009, at Madsen's Greenhouse in Newmarket. Chair Hackson requested the Board Members to look within their respective municipalities for watershed heroes and submit nominations for consideration.
(b) Staff Awards - Ontario Munici~alManaqement Institute Chair Hackson extended congratulations to Ken Neale, AIDirector, Corporate Services on achieving the designation of CMM II and Keri Christensen, Coordinator, Human Resources for achieving the designation of CMM with the Ontario Municipal Management Institute.
(c) Shoreline Worksho~and Stormwater Presention - Oro-Medonte Councillor Agnew extended thanks to Authority staff, Andrea Gynan, for organizing the Shoreline Workshop in Oro-Medonte which was well attended and very educational. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26'h, 2009 - Minutes
In addition, Councillor Agnew extended thanks to Authority staff Brook Piotrowski and Nadine Abrams, for providing a presentation to the Oro-Medonte Environmental Advisory Committee on stormwater management issues in Oro-Medonte.
(d) Dedication Ceremonv - Arnold C. Matthews Nature Reserve Chair Hackson reminded the Board that a dedication ceremony is being held on July 1lth, 2009 at Roches Point for the Arnold C. Matthews Nature Reserve.
(e) Georae R. Richardson Dedication Councillor John McCallum thanked Authority staff for the very well organized dedication event honouring George and Doris Richardson. The family dedicated a bench which has been placed at Scanlon Creek in a lookout area which was developed by staff. Councillor McCallum noted that the Richardson family was very pleased with this event as well.
(f) ReDort on Phos~horusLoads to Lake Simcoe 2004-2007 A copy of the final report was tabled for the Board Members. This was dealt with in draft and approved at their May 2009 meeting. More copies are available by contacting the Authority's Office.
XI1 CLOSED SESSION
Moved by : J. Rupke Seconded by: E. Bull
BOD-092-09:RESOLVED THAT the Authority's Board of Directors move to Closed Session to discuss confidential legal and land matters. CARRIED
Moved by: G. Wauchope Seconded by: R. Grossi
RESOLVED THAT the Authority's Board of Directors rise from Closed Session and report their progress. CARRIED
(a) Appointments - Lake Simcoe Conservation Foundation's Board of Directors
Moved by: G. Wauchope Seconded by: J. Young
BOD-093-09:RESOLVED THAT Confidential Staff Report No. 42-09-BOD regarding the recommended appointments to the Lake Simcoe Conservation Foundation be approved and the Foundation be so advised. CARRIED Lake Sirncoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26th, 2009 - Minutes Page 4 of 10
(b) Leqal Status Update
Moved by: J. McCallum Seconded by: R. Grossi
BOD-094-09:RESOLVED THAT the Legal Services Status Report for the five month period ending May 31, 2009, be received for information.
(c) Lesal Opinion
Moved by: S. Agnew Seconded by: B. Huson
BOD-095-09:THAT Staff Report No. 44-09-BOD regarding a confidential legal opinion be received and the recommendation contained therein be approved. CARRIED
(d) Land Securement lnitiatives
Moved by: R. Grossi Seconded by: B. Drew
BOD-096-09:RESOLVED THAT Confidential Staff Report No. 45-09-BOD regarding land securement matters be received; and FURTHER THAT the recommendations contained within this report be approved. CARRIED
(e) Land Disposition lnitiatives
Moved by: E. Bull Seconded by: G. Campbell
BOD-097-09:RESOLVED THAT Confidential Staff Report No. 46-09-BOD regarding land disposition initiatives be received; and FURTHER THAT the recommendations contained within this report be approved. CARRIED
V PRESENTATIONS
(a) Shers~ard'sBush Conservation Area Manaqement Plan
Scanlon Creek Conservation Area The Director, Conservation Lands extended his thanks to Councillor John McCailum, Council and the staff of the Town of Bradford West Gwillimbury for their continued assistance with Scanlon Creek Conservation Area. Most recently they have extended an offer to assist with the repairs required for the Gate House. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26'h, 2009 - Minutes Page 5 of 10
She~pard'sBush Conservation Area Manaqement Plan The Director, Conservation Lands supported Staff Report No. 35-09-BOD with a presentation related to the Sheppard's Bush Conservation Area Management Plan and associated Business Plan. The Management Plan was developed with broad based public consultation through which a number of issues were identified including, traits, lackof public programs; forest management, property maintenance and off-leash dogs.
The costs to implement the recommendations included in the Management Plan have an estimated cost of $250,000 over the next five years.
Chair Hackson congratulated Councillor Evelina MacEachern who Chairs this Committee and the Director for the work done. In turn, the Director extended thanks and appreciation to Bill Thompson, Conservation Lands Planner, LSRCA, for the incredible work he has done on all the Conservation Area Management Plans.
The Board approved the recommendation contained within Staff Report No. 35-09- BOD.
Moved by: G .Wauchope Seconded by: K. Ferdinands
BOD-098-09 THAT Staff Report No. 35-09-BOD regarding the Sheppard's Bush Conservation Area Management Plan be received; and THAT the Management Plan and associated Business Plan be approved; and FURTHER THAT Conservation Authority staff continue to pursue funding and in-kind support to implement the recommendations of the Management Plan. CARRIED
VI HEARINGS There were no Hearings scheduled for this meeting.
VI I DEPUTA TlONS There were no Deputations scheduled for this meeting.
Vl l l DETERMINA TlON OF ITEMS REQUIRING SEPARATE DISCUSSION Items 7, 8, 9 and 10 were identified for separate discussion. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26'h, 2009 - Minutes Page6of 10
IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by: B. Drew Seconded by: E. Bull
BOD-099-09: RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board and staff be authorized to take all necessary action required to give effect to same. CARRIED
1. Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Resulation 179106
BOD-100-09:RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 179106 be received for information.
2. Correspondence
BOD-101 -09: RESOLVED THAT the correspondence listed in the agenda as item 2(a) be received.
3. Monthly Communications Update
BOD-?02-09: RESOLVED THAT the Monthly Communications Update -Summary, for the period May 1-31, 2009 be received for information.
4. Budset Status Update
BOD-103-09: RESOLVED THAT Staff Report No. 34-09-BOD regarding the Authority Budget Status for the five month period ending May 31, 2009, be received.
6. FederallProvincial lnfrastructure Funding Scanlon Creek Conservation Area
BOD-104-09:RESOLVED THAT Staff Report No. 36-09-BOD regarding funding opportunities under the Federal I Provincial Recreational lnfrastructure Canada funding be received; and FURTHER THAT the Board endorse an application to this funding source for $396,000 over the 2009 and 2010 fiscal years, including $132,000 each from the Provincial and Federal governments, and up to $86,000 from the Conservation Area Maintenance and Development budget. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26th, 2009 - Minutes Page 7 of 10
11. Communications Plan Arnold C. Matthews Nature Reserve
BOD-105-09: RESOLVED THAT Staff Report No. 41 -09-BOD regarding the Communications Plan for the Arnold C. Matthews Nature Reserve be received; and FURTHER THAT staff be directed to continue to work with the land owners, the Region of York, the Nature Conservancy of Canada and other municipal agencies to implement the dedication event plans. CARRIED
X CONSIDERA TlON OF ITEMS REQUIRING SEPARATE DISCUSSION
7. lnnisfil Beach Road - Alcona Two-Zone Approach The Board dealt with Staff Report No. 37-09-BOD regarding a request from the Town of lnnisfil to implement the two zone floodplain management approach at lnnisfil Beach Road in Alcona. This request was put forward in the interest of public safety given that the 1:I00 year level of protection for an urban area is not deemed to be sufficient.
The Board suggested giving some thought to changing the term 1:100 year storm given that every 2-3 years a 1: 100 year event is experienced,
The Authority's Manager, Engineering and Technical Services provided clarification related to the two tier floodplain system advising that the flood fringe is shallow while the flood way is deeper water and considered more hazardous.
Moved by: S. Agnew Seconded by: B. Drew
BOD-106-09: RESOLVED THAT Staff Report No. 37-09-BOD regarding a request from the Town of lnnisfil to implement a two zone approach at lnnisfil Beach Road be received; and FURTHER THAT a two zone floodplain management approach be applied to the Watercourse 4 floodplain from the inlet to the trunk storm sewer (west of Thompson Street) to the outlet of the trunk storm sewer immediately east of 2SthSideroad on lnnisfil Beach Road in Alcona subject to the following conditions: 1) That any significant increase in flood levels or velocities be contained within municipally owned lands; and 2) That additional or new flood waters not be directed on to privately owned lands. CARRIED Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26th, 2009 - Minutes Page 8 of 10
8. Ministry of Natural Resources Fish Die-Off Protocol The Board received Staff Report No. 38-09-BOD regarding the Fish Die Off Protocol as established by the Ministry of Natural Resources-Aurora District. A copy of the Protocol was included with the Staff Report.
Mayor Grossi indicated that while it is helpful the have a Protocol in writing, the Province will now need to stand behind it adding that it is a disappointment to not see any reference in the document to the province providing financial assistance to help with the clean up of dead fish.
Moved by: R. Grossi Seconded by: G. Wauchope
BOD-107-09: RESOLVED THAT Staff Report No. 38-09-BOD regarding the Fish Die-off Response Protocol Aurora District dated May 2009, as issued by the Ministry of Natural Resources, be received for information. CARRIED
9. Lake Simcoe Protection Plan Approval to Sian AnreementslContracts The Board dealt with and approved Staff Report No. 39-09-BOD regarding the signing of agreements and contracts related to the Lake Simcoe Protection Plan.
The Board expressed concern with staff resources to undertake additional work. The CAO advised that staff are working at capacity however as requests are received they will be evaluated to ensure the work can be completed without any negative impact on staff as well as on the services provided to our municipal partners. In addition, staff will be seeking funding from the province for staff resources.
Moved by: J. O'Donnell Seconded by: E. Bull
BOD-108-09: RESOLVED THAT Staff Report No. 39-09-BOD regarding Provision of Purchasing, Tendering and Consulting Services Authorization to the Authority's Chair or Vice-Chair and Chief Administrative OfficerlSecretary-Treasurer for projects funded by the Province of Ontario for the lmplementation of the Lake Simcoe Protection Plan be received; and FURTHER THAT the Authority's Chair or Vice Chair and Chief Administrative OfficerISecretary Treasurer be authorized to approve Purchasing, Tendering and Consulting Services for projects funded by the Province of Ontario for the Implementation of Lake Simcoe Protection Plan. CARRIED Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26th, 2009 - Minutes Page9of 10
1O.Bill 196 - Proposed Barrie - lnnisfil Boundary Adiustment Act, 2009 (Pages 101-1 10) The Board dealt with Staff Report No. 40-09-BOD regarding Bill 196-Proposed Barrie- lnnisfil Boundary Adjustment Act, 2009.
The Board dealt with and approved Staff Report No. 40-09-BOD regarding Bill 196: Proposed Barrie-lnnisfil Boundary Adjustment Act, 2009. The Staff Report deals with the environmental impact of the boundary adjustment and contains the LSRCA's comments on what the impact will potentially be on Lake Simcoe, the Lake Simcoe Protection Plan and the environment.
The CAO advised that the Staff Report, as written, is consistent with the Board of Director's position as it relates to the results of the Assimilative Capacity Studies(ACS).
The Board commended staff for the content of the Staff Report and requested that is be provided to the province and all watershed municipalities.
Moved by: B. Drew Seconded by: S. Agnew
BOD-109-09 RESOLVED THAT Staff Report No. 40-09-BOD regarding a review of Bill 196: Proposed Barrie-lnnisfil Boundary Adjustment Act, 2009 be approved; and THAT the Lake Simcoe Region Conservation Authority recommend that Bill 196 only be considered after it can be demonstrated that growth is environmentally sustainable and does not further negatively impact on the health and quality of Lake Simcoe and its watershed in accordance with the Lake Simcoe Protection Plan; and FURTHER THAT Staff Report No. 40-09-BOD be circulated to the Province and all watershed municipalities for their review and consideration. CARRIED
XI OTHER BUSINESS
(a) Lake Simcoe Protection Plan The CAO provided a brief update on the release of the final Lake Simcoe Protection Plan on June 2, 2009, advising that staff are currently reviewing the Plan in order to determine what comments provided by the LSRCA have been included.
A meeting with the Senior Policy Advisor, Minister Gerretsen's Office, was held with LSRCA Chair and Senior Staff, the CAO of York Region and the General Manager, Conservation Ontario to review the LSRCA's Watershed Showcase. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-06-09 June 26'h, 2009 - Minutes Page 10 of 10
Staff are requesting a meeting with the Provincial Lake Simcoe Protection Staff Team to discuss the LSRCA's roles and responsibilities as they relate to implementation of the Plan and timelines.
Staff will be preparing a document in response to the Plan which will be presented to the Board at their July 2009 meeting for consideration. This will address what the LSRCA will be doing in response to the Plan and will be based largely on the information provided in the LSRCA's Integrated Watershed Management Plan which was completed by the LSRCA prior to the Lake Simcoe Protection Plan.
(b) Announcements & U~dates Chair Hackson advised that both the July 24 and August 28'h, 2009, Board Meetings will be held as scheduled.
Xlll ADJOURNMENT
Meeting adjourned at 12:40 p.m. on a motion by Mayor Young.
original signed by: original signed by:
Councillor Virginia Hackson D. Gayle Wood, CMM Ill Chair Chief Administrative Officer The Premier Le Premier ministre of Ontario de I'Ontario Lcgiolative Duilding cd~trcede 1'~ssembl6eI6gislatlve Queen's Park Queen's Park Toronto, Ontario Toronto (Ontario) M7A 1A1 M7A IAt
May 22,2009
Mr. Aflan P. Lafontaine President Tax Recovery Group 106-1.06Dunlop Street East Barrie, Onbrio L4M 6Wl
Dear Mr. Lafontaine:
Thank you for writing, on behalf of the Tax Recovery Group, regarding the proposed single, value-added sales tax announced in the 2009 Ontario Budget. I appreciate your . input and your words of support for our governrnerrt's tax reform-
Our proposed single sales tax would save businesses more than $500 million per year in compliance costs alone. The conversion to the single sales tax, combined with our planned redudon in Ontario corporate income tax, would cut in half Ontario's marginal effective tax rate on new capital investment, This would make Ontario one of the most competitive jurisdictions in the industrialized world in terms of the taxation of new capital investment by corporations.
The 2009 Budget also proposed targeted tax relief measures that would support key sectors in the economy, innovation and skills training, and would provide additional benefits of more than $940 million over four years to Ontario familie, businesses and communities.
1 appreciate the specific issue you raised regarding the rebate for municipalities under our new tax system. As it would best be addressed by my colleague the Honourable Dwight Duncan, Minister of Finance, I have passed along a copy of your correspondence to him, The minister or a member of his staff will respond to you directly. Thank you again for writing. As always, 1 welcome your input and look forward to working with your organization and other business leaders to make our economy more competitive for the benefit of Ontario citjzens and businesses, Please accept my personal best wishes and warm regards.
Yours truly,
Dalton McGuinty Premier c: The Honourable Dwight Duncan Media Release
County of Simcoe, Office of the Warden and CAO I l I0 Highway 26, Midhurst, Ontario LOL 1x0 simcoe.ca
FOR IMMEDIATE RELEASE
County of Simcoe Supports Community Schools Alliance
Midhurstl July 24,2009 -The County of Simcoe announced today Warden Tony Guergis' as a founding member of the Community Schools Alliance. This new Alliance will spearhead efforts to have municipalities become partners with school boards in making decisions about where new schools are built and where schools are closed.
"I am honoured and pleased to be a part of this initiative working together for the betterment of education for all residents of Ontario," stated Warden Guergis. "There is a strong need for municipai leaders to get involved and to work in co-operation with local school boards. Our schools are important assets in our public infrastructure and we believe that municipalities, parents and students should have a strong voice at the table where school accommodation decisions are made."
The Community Schools Alliance, chaired by Doug Reycraft, Mayor of South West Middlesex in Middlesex County and former president of the Association of Municipalities of Ontario, is asking Ontario's Minister of Education to impose a 'smart moratorium' on school closings. The moratorium would enable the Ministry, school boards and municipalities to work together to develop policies addressing such issues as declining enrolments, funding for rural and small community schools and the working relationship between municipalities and school boards.
"I am pleased that Doug Reycraft is chairing this committee. I have worked with Doug in the past and have tremendous respect for his abilities and I look forward to his leadership in respect to this issue," said Guergis.
The Community Schools Alliance was formed recently by Simcoe County and other Ontario municipalities concerned that municipalities do not currently have an active role in the process used by school boards to make decisions about student accommodation, especially school closures. There are currently 100 schools in Ontario undergoing accommodation reviews and 146 schools scheduled for closing or recommended to be closed.
"As a member of the Community Schools Alliance, the County has a tremendous opportunity to be involved in this important process and to be at the table when the discussions take place and decisions are made," stated Warden Guergis. "Residents in many Simcoe County communities including Springwater, the City of Barrie , Clearview, Penetanguishene and Wasaga Beach have education delivery concerns. There are challenges with the current process and by working together with the Community Schools Alliance, we can resolve these issues."
In addition to his role on the new Alliance, Warden Guergis will continue to work with the Simcoe County District School Board to address provincial funding inequities for education across the region. Board trustees have accepted the County's offer to form a working group and to request a review of education funding levels.
"We are working together with our partners in order to bring recognition to funding issues from a regional perspective," concluded Warden Guergis. "Simcoe County has been consistently at the bottom of the provincial funding scale and we need to be addressing our concerns as regional service providers. When we act together we have a stronger voice."
For more information about the Community Schools Alliance visit communityschoolsalliance.ca.
The County of Simcoe is composed of sixteen member municipalities and provides crucial public services to County residents in addition to providing paramedic and social services to the separated cities of Barrie and Orillia. Visit our website at simcoe.ca. - 30 - Allan Greenwood, Communications Manager 705-726-9300 ext. 1230 [email protected] FILL auv. t. --=a!?- County of Simcoe Main L~ne(705) 726-9300 COUNTY OF Office of the Warden Toll Free 1 (866)893-93680PY TO 1110 H~ghway26 Fax (705)725-1 28 Sl Midhurst, Ontarlo LOL 1x0 slmcoe ca
July 24,2009
Hon. Jim Watson Minister of Municipal Affairs and Housing 17th Flr Hearst Block, 4th Floor 777 Bay St 900 Bay Street Tororito, ON M5G2E5 Toronto, ON M7A 2E1
Dear Ministers:
SUBJECT: "Simcoe Area: A Strategic Vision for Growth", Bill 196, Barrie-Innisfii Boundary Adjustment Act, 2009
On April 24, 2007 the Ministers of Municipal Affairs and Housing and Public Infrastructure and Renewal per~onallydelivered the message to all political representatives of this region to work together on the area wide growth plan. Given the impact that Bill 196 will have on this region we believe it is imperative to continue the open dialogue that began more than two years ago between our levels of government.
As a result of recent growth discussions, the Council of the County of Simcoe invites you both to attend a meeting of our Council to discuss the opportunities and challenges of Bill 196 on this region. The next scheduled meeting is Tuesday, August 25th, 2009. Council meetings begin at 9:00 a.m. in our Council Chambers at the County of Simcoe Administration Centre, 1 1 10 Highway 26, Midhurst. I would appreciate it if you would contact my office (Ext. 1226) to discuss this date or an alternate date that might work better for you.
/' Tony Guergis, Warden.
c Garfield Dunlop, MPP, Simcoe-North Jim Wilson, MPP, Simcoe-Grey Julia Munro, MPP, York Simcoe Hon. Aileen Carroll, MPP, Barrie Mayor and Members of Council, Simcoe County Member Municipalities and the Cities of Barrie and Orillia Tontn of East Gwillimbury TPeqm3 :*;,.>-- &SENZ& '" --* -9-s //
Consolidated Offial Plan Review and Julv 8.2009
Growth Management Recommendations Report
As a member of the Interested Party List for the Town's Consolidated Official Plan Review and Update, the Town would like to inform you that Malone Given Parsons' (MGP) Growth Management Recommendations Report was presented to Council on May 19, 2009 and adopted in principle. The Town's growth management process has been conducted concurrently with the Region of York's Planning for Tomorrow exercise, which requires the addition of new settlement areas (urban expansion) in order to conform with the Provincial Growth Plan. The Growth Management Recommendations Report summarizes the findings and key recommendations of the Town's growth management work and outlines recommended policies to be included in the Town's Official Plan. Town staff would appreciate receiving all comments on the Growth Management Recommendations Report by July 31,2009.
Restoration and Securement Strategy
In addition, the Town would like to inform you that the Draft Restoration and Securement Strategy for Enhancing the Town's Natural Heritage System (NHS) prepared for the Town by Beacon Environmental was presented to Council on June 1, 2009 and is available in draft format for review and comment. The draft Restoration and Securement Strategy is intended to build upon the Town's NHS work and identify and prioritize opportunities to reconnect habitat and strengthen the NHS through the restoration, enhancement and securement. Town staff would appreciate receiving all comments on the draft Restoration and Securement Strategy by August 21,2009.
These reports can be downloaded from the Town's website using the following link: http://www .eastgwillimbury.ca~Town~Hall/Depastments/DevelopmentI,egal~Services/Policy -Planning/Consolidated-Official-Plan-Revien-ai~d-L'pdate/Background-Studies.htin Hard-copies of both documents are also available to view and purchase ($10 each) at the Town's Civic Centre in the Policy Planning Branch (lStfloor).
The Town continues to encourage the public and interested parties to provide comments on the Growth Management Report, as well as the other various background studies, which are being considered as part of the Official Plan Review process.
All comments or questions can be directed to the Policy Planning Branch of the Development and Legal Services Department: Dan Stone, Manager of Policy Planning - Tel: 905.478.4282, ext. 3806; Email: dstone~eastqwillimhurv.ca Robin Skinner, Environmental Planner - Tel: 905.478.4282, ext. 1286; Email:
"Our town, Our future " 19000 Leslie Street, Sharon, Ontario LOG 1VO Tel: 905-478-4282 Fax: 905-478-8545 www.eastgwillimbury.ca NOTICE OF ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 42
TAKE NOTICE that the Council of the Corporation of the Town of New Tecumseth adopted Official Plan Amendment No. 42 by By-law 2009-095 on the 13'h day of July, 2009 in accordance with the provisions under Sections 17 and 21 of the Planning Act, R.SO. 1990, c.P.13, asamended.
AND TAKE NOTICE that Official Plan Amendment No. 42 will be submitted for approval to the County of Simcoe. Any person or agency may receive written notice of the Decision of the County of Simcoe with respect to Official Plan Amendment No. 42 if a written request is submitted to:
Clerk for the County of Simcoe Administration Centre 1110 Highway 26 Midhurst, Ontario, LOL 1x0.
LOCATION OF LANDS AFFECTED
Official Plan Amendment No. 42 applies to all lands within the Town of New Tecumseth.
PURPOSE & EFFECT
The purpose of Official Plan Amendment No. 42 is to provide an update to the Town's existing Official Plan to make it conform with the approved County of Simcoe Official Plan and Provincial legislation once it is approved by the County of Simcoe. Official Plan Amendment No. 42 also includes various "housekeeping" related policies.
It provides conformity with the Province's Greenbelt Plan and conformity to the extent possible at this time to the Province's Growth Plan for the Greater Golden Horseshoe and the Provincial Policy Statement. It includes new policies and enhances existing policies in order to implement changes made to the Planning Act, as amended by Bill 26 and Bill 51.
Official Plan Amendment No. 42 does not constitute a "comprehensive review" or "municipal comprehensive review" as defined under Section 6.0 of both the Provincial Policy Statement and the Province's Greater Golden Horseshoe Growth Plan through which population and growth projections and settlement boundary expansions are reviewed.
ADDITIONAL INFORMATION
The original by-law and Official Plan Amendment No. 42 to which it applies is available for inspection at the Municipal Office, 10 Wellington Street East, Alliston, Ontario from Monday to Friday, 8:30 a.m. to 4:30 p.m. Copies will also be provided at all three local libraries.
Official Plan Amendment No. 42 as adopted by Town Council will also be posted to the Town's website at: www.town.newtecumseth.on.ca.
DATED this 14'~day of July, 2009 at the Town of New Tecumseth, Ontario.
Gayla McDonald
ClerkIManager of Administration for the Town of New Tecurnseth
Town of Bradford West GwillimbuW 100 Dissette St. Unit 7 & 8, Bradford RECEIVED JUL 17 2009
IN=ORMATIO~~ AGENDA: THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW
Number 2009-095
"OFFICIAL PLAN AMENDMENT NO. 42 BY-LAW"
A By-law to adopt Amendment No. 42 to the Official Plan of the Town of New Tecumseth
4 The Council of The Corporation of the Town of New Tecumseth, in accordance with the provisions of the Planning Act, R.S.O. 1990, hereby enacts as follows:
1. The attached text which constitutes Amendment No. 42 to the Official Plan of the Town of New Tecumseth is hereby adopted.
2. The Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No. 42 to .the Official Plan of the Town of New Tecumseth.
3. This Bv-law shall be cited as "Official Plan Amendment No. 42 By-law".
4. This By-law shall come into force and take effect on the day of final passing thereof subject to the approval of the County of Simcue.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF JULY, 20Q9. Y I UUI V* U 100 Dissette St., Units 7 & 8 KO, Box IOO, Bradford. Ontarlo ULZA7 Gwillimg$$U .- Telephone: (905) 775-5366 Fax: (905) 775-0153 A Grow'ng Trdit~on
July 15, 2009
Agriculture, Food and Rural Affairs Appeal Tribunal Ontario Government Building 1 Stone Road West, 1'' Floor Guelph, ON NIG 4Y2
Dear SirIMadam:
Re: Holland Marsh Drainage System Canal lmprovement Project Appeals
Attached are Appeals received under the Drainage Act for the Holland Marsh Drainage System Canal lmprovement Project, as listed below:
Appellant: Barlow Square Inc. Property Location 1622 Canal Road Roll # 4312-020-005-00500 Municipality Bradford West Gwillimbury Right of Appeal Compensation of allowances Date Received June 6.2009
Appellant: Martin and Maria Bonigut Property Location 3739 Line 3, 1483 Sideroad 5 Roll # 4312-020-001 -02800 431 2-020-001-02900 Municipality Town of Bradford West Gwillimbury Right of Appeal Compensation of allowances Date Received June 4,2009
Appellant: County of Simcoe Property Location: County Road 8 Roll # NIA Municipality Town of Bradford West Gwillimbury Right of Appeal Court of Revision Decision Date Received May 27,2009
I Amellant: 1 Henrv Kedra " 1 L Property Location 1720 Canal Road Roll # 4312-020-005-04501 -0000 Municipality Town of Bradford West Gwillimbury Right of Appeal Compensation of allowances Date Received July 3, 2009
Appellant: Dorian and Elizabeth Milleman Property Location 18870 Dufferin Street Roll # 1949-000-1 63-20500 Municipality Township of King Right of Appeal Compensation of allowances Date Received June 2,2009
Appellant: Gary Rupke Property Location 4050 Highway 9 Roll # 1949-000-170-32000 Municipality Township of King Right of Appeal Drainage works should be modified on grounds to be stated; Course of the drainage works or any part thereof should be altered; Drainage works does not provide a sufficient outlet. Date Received May 15,2009
Appellant: Nabil Salama - Property Location 620 South Canal Road Roll # 1949-001 -71 0-9000 Municipality Township of King Right of Appeal Court of Revision Decision Date Received July 2, 2009
Appellant: Salvatore Tunno Property Location 18100 Keele Street Roll # 000-144-800000 Municipality Township of King Right of Appeal Compensation of allowances Date Received May 15,2009 Appeal folders have been prepared for each appeal containing five (5) paper copies of the following items, as listed below, as required:
APPENDIX A - Appeal correspondence;
APPENDIX B - Plan showing general location of the proposed work;
APPENDIX C - Minutes of the Special Meeting of Council held on Wednesday, April 22,2009;
APPENDIX D - Minutes of the Court of Revision held on June 11,2009 and June 12,2009;
APPENDIX E - Notice of Drainage Works dated February 13, 2009;
APPENDIX F - Notice - Provisional By-law dated May 22, 2009;
APPENDIX G - Court of Revision Decisions dated June 11, 2009 or June 12, 2009;
APPENDIX H - Notice of Court of Revision Decisions dated June 16, 2009.
Also, attached are five (5) paper copies of the Engineer's Report dated January 2009 prepared by K Smart Associates and five (5) electronic format CD of the Engineer's Report dated January 2009 prepared by K Smart Associates, as required.
If you have questions or require further information, please do not hesitate to contact our office. We await your consideration for scheduling this matter.
Sincerely,
Patricia Nash Municipal Clerk
c. Paul Courey, Courey Law c. Frank Jonkman, Drainage Superintendent c. Sarah Murray, Holland Marsh Drainage System Joint Municipal Services Board c. Kenn Smart, K Smart Associates c. Sid Vander Veen, Ontario Ministry of Food, Agriculture & Rural Affairs INFORMATION ~m$d-'J/ WEST GWILLIMBURY AGENDA: Office of the MayorlCAO JUI~7, 2009 RECEIVED
Mayor White & Council JUL 2 3.2009 The Town of Bradford West Gwillimbury 3541 11th Line, Box 160 Bradford, Ontario L3Z 2A8
Dear Mayor White & Council: Member Municipalities Re: Ontario Drinking Water Stewardship Program 2009 Landowner Outreach
Adjala-Tosorontio The Nottawasaga Valley Conservation Authority would like to extend our thanks to all Amaranth our member municipalities for supporting the Ontario Drinking Water Stewardship Barrie Program with your municipal resolution. Your support allows your residents with The Blue Mountains property touching the 2-year time-of-travel wellhead protection areas, or roughly within Bradford-West Gwillimbury 1 km of surface water intake protection zones, to be eligible for grants to do projects Clearview that help safe-guard municipal water sources.
Collingwood This year's Ontario Drinking Water Stewardship Program landowner contact is underway Essa and includes: lnnisfil A targeted mailing to all eligible landowners (see attached) Melancthon Workshops for landowners Mono Workshops for contractors Mulrnur Informational site visits to eligible landowners New Tecurnseth Up-to-date website information on Source Water Protection Oro-Medonte
Grey Highlands How you can help encourage municipal source water protection with your residents:
Shelburne
Springwater 1. Promoting the program to your residents: Some municipalities have indicated an interest in helping to promote the program. Wasaga Beach Promotion on your website or in your newsletter would help get the word out to eligible residents. Watershed Counties Also, we hope that information about the program could be passed onto your municipal Sirncoe staff who have regular contact with residents regarding eligible projects types (i.e.
Dufferin septics, wells, business pollution prevention, runoff/erosion protection, and fuel/chemical storage improvements). Grey
Member of Conserving our Healthy Waters
NOTLAWASAGAVALLEYCONSERVATION AUTHORITY s Centre for Conservation Conservation john Hix Conservat~onAdrnin~strat~on Centre a Tiffin Conservation Area B 8195 8th Line a Utopla, On LOM IT0 5!N:A!2!? Telephone 705 424 1479 Fax 705 424 21 15 Web www nvca on ca 9 Emall admlnonvca on ca In order to ensure a consistent, accurate and clear message to the public, the NVCA would appreciate - 3- 51. >, being ikformed beforeany promotional rnaterials/techniques are used. This is critical because only a relatively small number of residents are close enough to the municipal water supplies to be eligible for the grants. NVCA staff will be happy to work with your municipality to prepare needed promotional materials. To see currently available information (and possible sites to link your residents to) please visit the following sites: South ~eor~ian-~a~Lake Simcoe - Source Protection Region www.ourwatershed.ca is the website for our region and news on upcoming events and meetings. Maps displaying the eligible grant areas are posted under the funding available tab. NVCA - Ontario Drinking Water Stewardship Program www.nvca.on.ca/OurProgramsandServices/EngineerinpTechnicalServices/SourceWaterProtedi on/OntarioDrinkingWaterStewardshipProgram/index.htm Grant program details and application forms.
1. Help us direct NVCA staff efforts for site visits: NVCA stewardship staff will only be able to visit a portion of the 5000+ eligible properties this year. Consequently, we would like to focus our visits to areas that will have the most benefit to source water protection. Any guidance your staff can provide would be appreciated. Particularly we are focusing on eligible properties that have: The ability to hook-up to municipal sewer and water services Older septic systems Small business with waste-streams and/or chemical storage that would benefit from a pollution prevention review.
Once again I would like to thank our member municipalities for their continued support and our joint efforts to protect our shared water resources. If you have any comments, suggestions or questions, please contact me at 705-424-1479 ext. 239 or [email protected].
Healthy ~ate&~ro~ramCoordinator
Attached: 1. Ontario Drinking Water Stewardship Program Grant Brochure 2. Information letter sent to resident eligible for the Ontario Drinking Water Stewardship Program
C: Wayne Wilson, NVCA CAO/Secretary-Treasurer Lynn Dollin, Chair - South Georgian Bay Lake Simcoe Source Protection Committee Ryan Post, NVCA Hydrogeologist /Source Water Protection Coordinator Don Goodyear -Manager, Source Water Protection Town CAO and/or Clerk Director of Planning Chief Building Official Director of Public Works Sent via email
July 3oth,2009
Memo to: Chief Administrative Officers Lake Simcoe Watershed Municipalities TeE: 905*895*1281 1*800*465*0437 pax: 9t~5.853~5881 CIerks [email protected] Lake Simcoe Watershed Municipalities Web: www.Isrca.on.ca Subject: Lake Simcoe Protection Plan 120 Bmm PaMy BOX 282 NewmAet, Ontxrfo The take Simcoe Region Conservation Authority's Board of Directors, at their meeting L3Y 4x1 held on Friday, July 24'", 2009, passed the following resolution:
Moved by: R. Gross! Seconded by: G. Wauchope
BOD-113-09 RESOLVED THAT the LSRCA Board of Directors invite the Ministry of the Environment to the August 28", 2009, Board Meeting to discuss the Lake Simcoe Protection Plan; and FURTHER THAT the Authority advise the watershed municipalities of this resolution and highly recommend that each municipal council request the Ministry of the Environment attend a meeting of their Council in order to discuss the implementation of the Lake Simcoe Protection Plan, the impact on each municipality and the delivery of the provincial priorities identified in the Plan. CARRIED
The members of the Authority's Board are strongly recommending that each municipality request the Ministry of the Environment to attend a Council meeting in order to answer any questions/concerns as they relate to the Lake Simcoe Frotection Plan, its implementation and potential impact (including financial) on the affected municipalities.
For your information and further action.
A Yours truly,
Chief Administrative Officer
For c: LSRCA Board of Directors
Timely access to immediate tare Everyone benefits when should be available for all Ontarians. you seek the appropriate So the Ontario government is health care option at committed to increasing access to the appropriate time. quality health tare and reducing Consider alternatives to emergency room wait times. an emergency room visit.
Ontarians sometin~esend up visiting emergency Call you?. pizysician or Family Health rooms because they don't know where else to Team to see if you can be seen withoul go for frontline health care services. They are an appointrn~nt07, during extended houm unaware of the alternatives to an emergency I Use YO& Healllz Care Options websile to room visit or where. to find them. Knowing your Jind immedia,te lzealtiz cu,.iaeoptio?zs 21% health care options allows you to find timely and you?. community appropriate treatment. '. Call Telehealth at 1-866-797-0000 {f you have questions. Telehealth O?ztalpio The Government of Ontario has created a is uJ~ee,co?zJidential telephone service website to help you find your local health you can call to get health advice 07~ care options. general health i?zformatio?zfrom a registe??ed?zurse.
You can use this website to search for a You will find contact information, including range of frontline health care services in your names, addresses and ljours of operation, community, including: for frontline health care services in your community. You will be able to search for information based on specifics lilze street address, postal code or city. Em,erge.ncy Roo7,s Family Health Cu.ipeP?"ouide~s Fcl,,nzily HealLiz Teams (FHTs)
Health Caw Co~zi~ectc~sszsls you Health Care Connect is a program that will help 27% your search for a j?am~Ly people without a regular health care provider health care prou~der find one in their community. The program - I2 does lzot guarantee that one identifies doctors or nurse practitioners who are zuill beJound, so you should accepting patients and links them with people conti~zueLookilzg on you?.. owiz who are in need of a family health care provider. You slzould have a va,Lid OHIP ca7-d
You are one phone call away from joining Health Care Connect. When you call Once you've joined Health Care Connect, 1-800-445-1822,you will speak to someone who a nurse, called a Care Connector, will be will ask you a short series of questions assigned to help you find a health care and sign you up for the prograin. provider in your area.
Priority is given to individuals with grea.ter health needs.
You will be referred to a family doctor or nurse practitioner in your comlnunity once one is found. June 29,2009
Doug White, Mayor of Bradford West Gwillimbury 100 Dissette St., P.O. Box 100 Unit 7 & 8 Bradford, ON L3Z 2A7
Dear Mayor White,
Hillside Gardens has been honoured to receive the Premier's Award for Agri-Food Innovation. We want to thank you for your recognition of this award and your continued support for local farmers and food producers. We appreciate receiving your congratulations and a Certificate of Achievement.
Thank you,
Ron Gleason President
1383 River Road Bradford ON L3Z 2A6 Tel. (905) 775-3356 Fax (905) 775-3357