The Corporation of the Town of Bradford West Gwillimbury
Agenda
Committee of the Whole Meeting C30 December 9,2008
(a) OPENING
That this meeting of Committee come to order at p.m.
(b) DISCLOSURE OF PECUNIARY INTEREST
(c) REPORTS OF MUNICIPAL OFFICERS
1. REPORT OF THE DIRECTOR OF ENGINEERING SERVICES pgs. 5 - 12 Status Update on Phase II Water Treatment Plant Expansion in the Town of lnnisfil
That Committee of the Whole recommend to Council that Report No. 016-ENG-2008 titled Status Update on Phase II Water Treatment Plant Expansion in the Town of lnnisfil be received for information.
2. REPORTS OF FINANCE DEPARTMENT
2.1 2009 lnterim Tax Levy By-law
That Committee of the Whole recommend to Council that the report of the Director of Finance & Treasurer entitled "2009 lnterim Tax Levy By-law" dated December 9, 2008 be received; and
That Committee of the Whole recommends to Council the adoption of the 2009 lnterim Tax Levy By-law."
2.2 Administration Fee - Ms. Palazzolo pgs. 18 - 23
That Committee of the Whole recommend to Council that the report of the Director of Finance & Treasurer entitled "Administration Fee - Ms. Palazzolo" dated December 9, 2008 be received; and
That Ms. Palazzolols request to have the $25.00 administration fee waived from her tax account be denied. Committee Meetina C30 -2- December 9,2008
3. REPORTS OF PLANNING & DEVELOPMENT SERVICES DEPARTMENT
3.1 National Homes - REVISED Draft Approval of Subdivision S-06-05 pgs. 24 - 49 743 Line 8, Part of the North l/2 of Lot 13, Concession 7, Former Township of West Gwillimbury
That Committee of the Whole recommend to Council that the December 9, 2008 planning report entitled "National Homes - Draft Approval of Plan of Subdivision S-06-05 (Revised), be received; and,
That the proposed National Homes subdivision located on Part of the North Half of Lot 13, Concession 7, former Township of West Gwillimbury, be given draft approval by Council subject to the conditions as set out in Appendix 'A1,including that the draft approval lapse after three years in the event that a subdivision agreement is not executed within that period.
3.2 Application for Temporary Use Zoning By-law Amendment Applicant: Brookfield Homes (Ontario) Limited Part of Lot 11, Concession 6 2663 Sideroad 10 Former Township of West Gwillimbury Planning Department File: 2-08-1 1
That Committee of the Whole recommend to Council that the report of planning staff entitled "Application for Temporary Use Zoning By-law Amendment" respecting property located in Part Lot 11, Concession 6, municipally known as 2663 Si
That Council approve temporary use zoning by-law amendment application No. 2-08-1 I,to allow the use of the existing new homes sales pavilion for a period of not longer than three (3) years, subject to the conditions contained herein.
3.3 Request for Consent Application Fee Refund Conditionally Approved Consent 809108 BWG ApplicantIOwner: Joanne & Charles Frost 4188 Line 2 Part of Lots I& 2, Concession
That Committee of the Whole recommend to Council that the report by the Planning Division entitled "Request for Consent Application Fee Refund" for conditionally approved consent B09108 BWG" be received; and
That the applicant's request for a refund in the amount of $2000.00 be authorized. Committee Meeting C30 -3- December 9,2008
4. REPORT OF CLERKS DEPARTMENT pgs. 61 - 68 Review of Council Composition and Electoral Ward Boundaries "That Committee of the Whole recommend to Council:
That the report ADM-2008-007 of the Municipal Clerk dated November 18, 2008 entitled "Review of Council Composition and Electoral Ward Boundaries" be received.
That Committee recommends that Watson & Associates be retained by the Town to undertake the Council Composition and Ward Boundary Review to provide recommendations by April 2009.
That Committee recommends to undertake a review of council composition and electoral ward boundaries for the Town of Bradford West Gwillimbury in the manner outlined in the report.
(d) CONSIDERATION OF RECOMMENDATIONS OF INTERNAL COMMITTEES
1. COMMITTEE OF ADJUSTMENT Minutes - October 22,2008
That Committee of the Whole recommend to Council that the minutes of the October 22, 2008 Committee of Adjustment meeting be received.
2. TRAILS COMMITTEE pgs. 81 - 82
2.1 Minutes - December 1,2008
That Committee of the Whole recommend to Council that the minutes of the December 1, 2008 Trails Committee meetings be received.
2.2 Trails Committee Recommendation TC-2008-039
That Committee of the Whole recommend to Council that the proposal of Envision - The Hough Group dated November 4, 2008 to conduct a Trails System Master Plan Study in the amount of $24,550.00 + $1,227.50 GST be approved."
3. LEISURE SERVICES COMMITTEE Minutes - November 20,2008
The Committee of the Whole recommend to Council that the minutes of the November 20,2008 Leisure Services Committee meeting be received. Committee Meeting C30 -4- December 9,2008
(e) CONSIDERATION OF RECOMMENDATIONS OF LOCAL BOARDS
1. BRADFORD WEST GWlLLlMBURY 1 INNlSFlL POLICE SERVICES BOARD pgs. 87 - 91 Minutes - October 20,2008
That Committee of the Whole recommend to Council that the minutes of the October 20, 2008 Bradford West Gwillimbury 1 lnnisfil Police Services Board meeting be received.
(0 CONSIDERATION OF RECOMMENDATIONS OF EXTERNAL
1. LAKE SIMCOE REGION CONSERVATION AUTHORITY Minutes - November 14,2008
That Committee of the Whole recommend to Council that the minutes of the November 14, 2008 Lake Simcoe Region Conservation Authority meeting be received.
(g) INFORMATION AGENDA
That Committee of the Whole recommend to Council that Items # 1 to 4 on the December 9, 2008 Information Agenda be received.
1. County of Simcoe Press Release pg. 100 County of Simcoe New Official Plan Adopted
2. Municipal Property Assessment Corporation pgs. 101 - 121 Municipal Status Report Third Quarterly Report 2008
3. Ontario Enerav Board Notice of Application and Hearing Leave to Amalgamate on Peaking Plant Powerstream Inc. and Barrie Hydro Distribution Inc.
4. Rick Fonger pg. 132 "Please Fix the Trash Issue"
(i) ADJOURNMENT
That this meeting of Committee close at p.m. Report of the Director of Engineering Services
REPORT #: 016-ENG-2008
DATE: December 2, 2008
TO: Chair Roughley and Members of Committee of the Whole
SUBJECT: Status Update on Phase I1Water Treatment Plant Expansion in the Town of Innisfil
PREPARED BY: Gord Z. Miokovic, P. Eng., Water / Wastewater Engineer
1. RECOMMENDATIONS:
1.1 THAT Report No. 016-ENG-2008 titled Status Update on Phase I1 Water Treatment Plant Expansion in the Town of Innisfil be received for information.
2. PREAMBLE:
In order to keep Innisfil Council informed as to the status of the Innisfil Phase I1Water Treatment Plant Expansion given that there have been liens placed against the project, Robert McAuley, Director of Planning & Development for the Town of Innisfil prepared a Staff Report No. PDS-174-08 which was presented to Council November 26, 2008. (copy attached)
3. BASIC DATA PERTAINING TO THE MATTER:
The Town of Innisfil report provides background on the project from 2003 to the present. As the report indicates, two aspects of the project are complete namely the water main and the associated pumping station. Now that the costs have been finalized, cost sharing will be reconciled in 2009 between the two municipalities.
With respect to the third item namely the Lakeshore Water Treatment Plant Phase I1 Expansion, Innisfil has not yet received supporting information for the statement of the lien claim and as a result the costs can't be substantiated any further. The Innisfil report indicates that the legal action with respect to the Water Plant will take many months to resolve, perhaps beyond October 2009, which is the date of repayment of front ending costs to Bradford. This will have to be considered in reconciling capital costs. 2008-Dec-09 cow Page 2 of 2
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
With respect to the overall project, the Town of Innisfil has been providing periodic financial summaries. Although we have taken and tabled these submissions for your reference from time to time as they were also presented to Innisfil Council, the final cost sharing has still to be reconciled between the two municipalities.
4.2 FUTURE YEARS:
With respect to the cost of liens and the final accounting associated with the Innisfil Phase I1Plant Expansion, in the 2009 Budget submission on page 422, staff have tabled a 6.2 million potential cost over run on this project based on lien submissions without those submissions being substantiated. On a cost split basis, through the budget sheets, a 50150 split was identified for the cost increases between the Town of Bradford West Gwillimbury and the Town of Innisfil. Staff's review of the information supplied to date indicates that there may be some "double countingUofwork claimed by both the subcontractor and the general contractor. The final impact of cost increases will be reconciled over the coming months and increases will be recovered through development charges updates.
5.0 AlTACHMENTS
Town of Innisfil Staff Report No. PDS-174-08 dated November 26, 2008 titled Bradford West Gwillimbury (BWG) Water Supply Status Update (Trunk Watermain, Water Treatment Plant Expansion, Mainline Booster Station)
Prepared by, Reviewed by,
Gord Z. Miokovic, P. Eng. Deborah Korolnek, P. Eng. Waterlwastewater Engineer pF Director of Engineering Services
Approved for Agenda,
James Currier, MBA Town Manager TOWN OF INMSFIL STAFF REPORT
STAFF REPORT NO.
DATE: November 26,2008
TO: Mayor, Deputy Mayor and Members of Council
FROM: Robert MeAuley, Director of Planning & Development
SUBJECT: Bradford West Gwillimbwy (BWG) Water SuppIy
Status Update .# (Trunk Watermain, Water Treatment Piant Expansion, Mainline Booster Station)
CROSS REF.: PDS 031-05,PDS 057-05, PDS 111-05,PDS 132-05,PDS 153-05, PDS 001- 06, PDS 056-06, PDS 036-07
It is therefore recommended that Report PDS 069-08 be received for information, and
That any over expenditure associated with resolving the construction liens be included in this project budget and be funded in the original manner.
BACKGROUND:
In 2003 Tnnisfil and Bradford West Gwillimbury (BWG) entered into an Outline Agreement (By- law 076-03) detailing the principles and terms of a joint water supply system between the Towns. This was followed with a Water Supply Agreement in 2004 (By-law 038-04).
The Water Supply Agreement details the process for design and construction of an expanded Lakeshore water treatment plant and a trunk watermain between Alcona and BWG. lnnisfil is also benefiting fiom this project through the supply of its long-term water needs for development in Lefioy and Cookstown earlier than otherwise required.
The Water Supply Agreement provides for establishing a Design Liaison Committee @LC) to supervise the design and construction of the Phase 2 expansion and truuk watermain works. The DLC further divided the works into three discreet sub-projects; the watermain construction, the Staff Report PDS-174-08 . November 26,2008 Subject: Bradford West Gwiilimbury (BWG) Water Supply Status Update Page 2 of 5
expansion of the Lakeshore Water Treatment Plant (WTP)and the provision of a main line booster pumping station.
The Water Supply Agreement also provides for a cost recovery from Innisfil, through development, for use of the works constructed. It makes provision for assuring that connections are not undertaken without compensation through a Trustee.
A future expansion (Phase 3) is contemplated in the agreement to provide extra capacity for BWG's and Wfilfuture needs. The Environmental Assessment required for Phase 3 is now WKtmy.
Staff last reported on the project in May 2008. This Report will provide a current update to Council.
Construction Matters:
Watermain:
Construction of the watermain portion of thq work has been completed. It has completed its maintenance period succe~sfullyand the DLC is now reconcilbg the final accounting for this sub-project.
Third Lie Booster Pumping Station:
The main line booster pumping station is located at Innisfil's Third Line and County Road 39. This construction is also now complete and the station is operational. We are now in the maintenance period for this work. The DLC had previously negotiated a settlement with the contractor of all remaining claims.
Water Treatment Plant (WTP):
The construction contract for the WTP expansion in Alcona was awarded in Jmwy 2006 (Report PDS 001-06) and work has been ongoing since then. The expansion was scheduled to be completed in March 2007 (adjusted), however this date was not achieved due to the generally slow progress of construction. Staff have reported to Council on a number of issues with this General Contractor (Van Home Construction). Staff are now pleased to advise that the expanded WTP received Substantial Performance on May 30, 2008, with the Certificate issued June 16, 2008. The expected project completion date was September 15,2008, but this date has now also passed, At the time of this Report, work continues toward completion.
This contractor has filed numerous claims for additional costs and time allowances throughout the project. Due to the delay in completing the expansion by the contracted date the Town has been withholding additional costs and Liquidated Damages as permitted in the contract. The contractor continues to object to this withholding and has now filed a construction lien, claiming Staff Report PDSl74-08 November 26,2008 Subject: Bradford West Gwillimbury (BWG) Water Supply Status Update Page 3 of 5
some $4,738,563.54 on behalf of services and materials they supplied. As a result of non- payment by the General Contractor the various subtrades have also now filed construction liens, in the aggregate amount of $963,000.
The Town continues to hold Wsto offset the construction liens, however the magnitude of the liens is now in excess of the statutory holdback. Staff are of the opinion that the amounts claimed represent the Contractor's entire project extra claims (most of which have been decided, many agreed to and in some cases already paid), the statutory construction lien holdback and the owner's delay offset (Liquidated damages and engineering costs). However we have not yet received the supporting information for the Statement of Claim fiom the claimants.
The General Contractor has asked that arbitrators be assigned to resolve the claims, which are provided for under the Contract. The Town's Solicitor has been involved as this issue unfolded, and is now involved in efforts to resolve the liens in accordance with the Construction Lien Act. We have also retained a claims consultant to investigate the validity of the claims and assist us in future mediation or litigation efforts. No settlement has been reached at this time. However this matter is expected to take many months to resolve, due to the complexity of the issues.
Staff assure Council that these issues do not impact on the plant's operation. The plant is in service and staff continue to insist on full completion of the WTP as a prerequisite to any settlement discus'sTons. The remaining items for completion amount to less thtin $150,000, and many could be completed by the Town if ultimately reqGfred.
During this process the Town was approached by our (then) legal fm Graham Wilson Greene (GWG), with concerns that their continued legal representation of the Town on this file may be perceived in the future as a potential conflict of interest on their part, as they also are solicitors for the County of Simcoe. While this file, and the pending litigation, is clearly unrelated to any perceived County matter, there remained the potential for some interested party in the future to argue that a conflict (or the appearance of a conflict) exists and that GWG should be disqualified from acting for one or both of the municipalities. However unlikely, this could come at an unfortunate time in the claims discussions and the outcome could be prejudicial to the Town.
As a proactive approach staff appointed the Town's Solicitors Cassels Brock (CB) as the solicitor for this files henceforth and have accepted GWGYsoffer to relinquish this file in the interest of minimizing any future potential issues. CB are known to Council for their work in the resolving issues related to the new Town Hall. They are experienced construction litigators and knowledgeable in these types of matters.
BWG is aware of these issues and the Town's efforts.
This is a status update report on work underway. No options are presented. Staff Report PDS-174-08 November 26,2008 Subject: Bradford West Gwillimbury (BWG) Water Supply Ststus Update Page 4 of 5 FINANCIAL CONSIDERATION:
Attached to this report is a revised cumulative project estimate. Now that the watermain and the 'WTP main line booster pumping station are completed and the WTP has received Substantial Performance a revised current total project cost was calculated as of July 2008. The revised current total project cost estimate is $32,914,040 (detail attached), in line with the amount last reported in May 2008. This includes works awarded sepmtely by BWG for their portion of the watermain which was entirely funded by BWG. The Project has been substantially completed within budget.
As a result of the lien claims, the Town is now accruing unanticipated extra costs for the project related to engineering and legal (November 2008 colwnn attached). These are currently at $175,000 and climbing. The net result of this legal action would be in excess of the approved budget. The Town is currently withholding Liquidated Damages in the amount of $850,000 hm the contractor. These are meant to partially o&t these increased costs.
The entire costs are being front funded by Bradford West Gwillimbury as required by the Water Supply Agreement. Repayment to Bradford West Gwillimbury will commence in October 2009 or a pro-rated portion earlier if Innisfil chooses to allow connections hmdevelopment or use the watermain for its own purposes (e.g. Gilford).
InnisB's revised total net share of the project is now estimated at $10,701,175, compared to when reported in May 2008. Innisfil's portion of these costs will primarily be funded through Development Charges. Innisfil's Development Charges By-law has been revised to, among other things; include the extra costs related to this work.
CONCLUSION:
This Report is intended to update Council on this pmject to date.
PREPARED BY:
Robert McAuley
REVIEWED BY:
Director of Planning & Development
APPROVED BY:
~6be1-iMcAuley Director of & Development 4 (Report Codm& CA[ZChidAdminisOsfivsMe; HR-Hmnm Rcamrws; CRPCoqmtc Swims; C- Ssrvioc~;PDSPlmning & Dmtopmtn) Staff Report PDS-174-08 November 26,2008 Subject: Bradford West Gwillimbury (BWG)Water Supply Status Update Page 5 of 5
REVIEWED FOR SUBMISSION
Lawrence Allison Chief Adrninisttative Officer
Attached: Cost Summary November 17,2008
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REPORT OF THE FINANCE DEPARTMENT
REPORT #: RB 08 124
DATE: December 9,2008
TO: Chair & Members of the Committee of the Whole
SUBJECT: 2009 Interim Tax Levy By-law
SUBMIHED BY: Susan Turnbull, Director of Finance & Treasurer
1. RECOMMENDATIONS:
1. That the report of the Director of Finance &Treasurer entitled '2009 Interim Tax Levy By-law" dated December 9,2008 be received; and
1.2 That Committee of the Whole recommends to Council the adoption of the 2009 Interim Tax Levy By-law.
2. PREAMBLE:
The largest revenue source for municipal operations is property taxes. The Town of Bradford West Gwillimbury has four installments annually (two under the interim levy by-law and two under the final levy by-law). Installment due dates for the interim levy are the last business day of February and April each year.
The Interim Levy By-Law needs to be approved prior to the release of the property tax bills. This year the last day for release of the bills is February 6, 2009 to provide the 21 days notice required by the MunicipaIAct. The new timing of Council approval following at least a week after the Committee of the Whole meetings require this report to come before Committee now to ensure Council can adopt the by-law well in advance to the release of the property tax bills.
2008-Dec-09 cow Page 2 of 2
3. BASIC DATA PERTAINING TO THE MATTER:
The MunicipalAcfoutlines very specifically what the Town is able to levy on an interim basis and the body of the draft by-law (attached) provides details not repeated in this report. The interim levy is capped at 50% of the annualized taxes assessed in the previous year. The annualized taxes are calculated by taking the year end CVA (current value assessment) at December 31St. This could be different than the assessment that was actually billed the previous year depending on whether the assessment was increased or decreased on the specific property multiplied by the overall tax rate. This methodology has provided some initial protection to those taxpayers whose assessment was lower in the previous year and may have much more impact in a reassessment year. 2008 is a reassessment year, so many tax payers will find they are paying less than half of the total property tax bill in the first two installments. With the new four-year residential phase-in of assessment, this will be the case for the next four years for those properties with increasing assessment values.
The 2008 residential tax rate was 1.267817% and the interim levy will be based on one half of that or 0.633909%. Therefore, the interim tax bill for a residential property with the average assessment of 275,000 will be $1,743.25 (275,000 x 0.633909%).
In addition to setting the installment due dates, the by-law provides the authority to levy a penalty on unpaid taxes to the maximum allowed by the Munic/;oa/ Act Applying penalty has been a useful tool to keep tax arrears low.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
This by-law will allow the collection of approximately $15 Million in revenues for municipal purposes as well as to provide for the March requisition from the County and the School Boards
4.2 FUTURE YEARS:
None.
5. ATTACHMENTS
5.1 2009 Interim Tax Levy By-law
Approved for Agenda
Director o&mdnce &.~reasurer TOWN OF BRADFORD WEST GWlLLlMBURY By-Law No. Page 1 THE CORPORATION OF THE TOWN OF BRADFORD WEST GWlLLlMBURY
BY-LAW 2008 - 000
2009 INTERIM TAX LEVY BY-LAW
Being a By-Law to provide for interim tax levies for the year 2009 for the Corporation of the Town of Bradford West Gwillimbury.
WHEREAS Section 317 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the council of a local municipality may, before the adoption of estimates for the year, pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipal purposes;
AND WHEREAS the Council of the Corporation of the Town of Bradford West Gwillimbury has not yet adopted the estimates for the year 2009;
AND WHEREAS the Council deems it appropriate to provide for such interim levy on the assessment of rateable property in the Town of Bradford West Gwillimbury;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRADFORD WEST GWlLLlMBURY ENACTS AS FOLLOWS:
1. DEFINITIONS
The following terms shall have the following meanings in this By-law:
1.1. "By-law" means this 2009 Interim Tax Levy By-law.
1.2. "Collector" means the tax collector for the Corporation of the Town of Bradford West Gwillimbury and includes the Town's Director of Finance & Treasurer or designate.
1.3. "Current Tax Year" means the 2009 tax year.
1.4. "PreviousTax Year" means the 2008 tax year.
1.5. "Town"means the Corporation of the Town of Bradford West Gwillimbury.
2. The Town is hereby authorized to levy in 2009 on property that is rateable for local municipality purposes an amount no greater than fifty percent (50%) of the annualized taxes for municipal and school purposes levied in the Previous Tax Year.
3. Taxes may be levied under this By-law on any property that is rateable for local municipality purposes for the Current Tax Year, even if the property was not rateable for local municipality purposes for the Previous Tax Year, including assessment of property that is added to the assessment roll after the By-law is passed. The interim levy will be the amount produced by applying 50% of the Previous Tax Year's rates to the assessment value in accordance with the last revised tax rolls.
4. The Collector shall send to each person so taxed, a printed bill specifying the amounts and due dates of taxes payable by the taxpayer in the form and with the information required under subsection 343(2) of the Municipal Act, 2001.
5. The Collector shall send the tax bill to the taxpayer's residence or place of business unless the taxpayer directs the Collector, in writing, to send the tax bill to another address, in which case it shall be sent to that address. This direction will continue until it is revoked by the taxpayer in writing. TOWN OF BRADFORD WEST GWILLIMBURY By-Law No. Page 2
6. The interim tax levy imposed by this By-law shall become due and payable in two (2) equal instalments each comprising fifty percent (50%) of the interim tax levy as follows:
lStInterim lnstalment - Friday, February 27, 2009
2" Interim lnstalment - Thursday, April 30,2009
7. All tax under this By-law shall be payable into the hands of the Collector in accordance with the provisions of this By-law. No discount shall be allowed for punctual payment of any taxes or prepayment under this By-law.
8. The Collector shall add to the amount of all taxes due and levied under this By-Law that remain unpaid as of the due dates set out above a penalty charge equal to one and onequarter percent (1 114%) of such amount. The penalty charge shall be added on the first day of default and on the first day of each calendar month thereafter in which the default continues.
9. The Collector shall, not later than twenty-one (21) days prior to the date that the first instalment is due, mail or cause to be mailed to the address of the residence or place of business of each person taxed under this By-law, a notice setting out the amount of each instalment, the date by which it is to be paid, and the penalty charge imposed for late payment.
10.Taxes shall be paid either in full or by instalment:
10.1. by cash, cheque or debit card credit cards accepted) at the Municipal Finance Office, 61 Holland Street East, Bradford, Ontario during business hours from 8:30 a.m. to 4:30 p.m.;
10.2. or at any financial institution where permitted by personal payment or dial-in payment service with any service charge that may be applicable for payment at a financial institution is the responsibility of the person(s) paying the taxes and not that of the Town.
11.All taxes may be paid by means of pre-authorized payments on either a monthly basis or on the due date as arranged through the Collector.
12.The Collector shall be authorized to accept part payment from time to time on account of any such taxes that are due, except for accounts affected by tax registration procedures, and to give a receipt for such part payment, provided that acceptance of any such part payment shall not affect the collection of any penalty charges imposed and collectable in respect of non-payment of the taxes or any instalment thereof.
13.Nothing in this By-law shall prevent the Collector from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of any statutes or by-laws governing the collection of taxes.
14. CONFLICTING LEGISLATION
14.1. In the event of any conflict between the provisions of this By-law and any other by-law, the provisions of this By-law shall prevail to the extent of the conflict.
15.VALIDIN AND SEVERABILIN
15.1. Notwithstanding any section, subsections, clause, paragraph or provision of this By-Law or parts thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that the all other sections or parts of this By-Law are separate and independent there from and enacted as such as a whole and shall not affect the validity or enforceability of any other provisions of this By- Law or of the By-Law as a whole. Whenever any reference is made in this TOWN OF BRADFORD WEST GWILLIMBURY By-Law No. Page 3 By-Law to a statute of the Legislature of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute and all successor legislation to such statute.
16.1. This By-Law shall be administered by the Collector.
17. REPEAURESCIND
17.1. By-Law 2007-004 is hereby repealed.
18. FORCE & EFFECT
18.1. This By-Law shall come into force and take effect on the day of the final passing thereof and may be cited as the "2009 Interim Tax Levy By-Law".
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED THlS gTHDAY OF DECEMBER, 2008
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THlS gTHDAY OF DECEMBER, 2008.
THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY
Patricia Nash, Clerk Doug White, Mayor Bradford west Gwillimbury
REPORT OF THE FINANCE DEPARTMENT
REPORT #: RB 08 123
DATE: December 9, 2008
TO: Chair & Members of the Committee of the Whole
SUBJECR Administration Fee - Ms. Palazzolo
SUBMIHED BY: Susan Turnbull, Director of Finance & Treasurer
I. RECOMMENDATIONS:
1.1 That the report of the Director of Finance &Treasurer entitled "Administration Fee - Ms. Palazzolo" dated December 9, 2008 be received; and
1.2 That Ms. Palazzolo's request to have the $25.00 administration fee waived from her tax account be denied.
2. PREAMBLE:
Finance received a complaint from Ms. Palazzolo regarding the $25.00 administration fee charged to her tax account for pulling a postdated cheque from a deposit. She refuses to pay the fee and wishes her complaint to be adjudicated by Council.
3. BASIC DATA PERTAINING TO THE MATTER.
Tax payers in Bradford West Gwillimbury have many options to pay their taxes. They can pay online, use telebanking, pre-authorized payment plans or submit a cheque by mail or in person. Cheques can also be postdated to the due date and many tax payers will bring in the September cheque when they make their June payment, for instance.
Postdated cheques are entered into the cashier system and into a postdated deposit immediately 2008-Dec-09 Cow Page 2 of 3
upon receipt. This deposit, which can be quite large by the time due date rolls around is held in the Treasury vault until the due date. The requirement to enter all cheques into the system (whatever the date) was raised by the auditors many years ago. A tax payer request for something they think is simple ("just pull my cheque") requires staff to spend approximately one hour to accomplish: altering the system and physically removing the cheque from the deposit - which may require looking through 800 individual cheques and then totally re-preparing the deposit. Because this occurred with such frequency, on May 15, 2002, Council adopted a policy regarding a $25.00 administration fee for postdated cheques requested to be withdrawn for any reason from Treasury files. This fee is in our current user fee by-law.
In this particular instance, Ms. Palazzolo changed her bank prior to the September due date and wanted to replace the postdated cheque she had on file with us for the September installment. She wanted the cheque pulled so she could pay for the installment with a new cheque from her new bank, although Ms. Palazzolo was not made to wait at the counter any longer than necessary, her request cost approximately one hour of lost time for staff.
Ms. Palazzolo was informed that a $25.00 administrative fee would be charged for pulling the cheque as per Council Resolution No. 22-007, dated May 15, 2002. She disagreed vehemently and it was suggested she to talk with her Ward Councillor.
Councillor Simpson called the Revenue &Tax Coordinator and asked if we could reverse the charge under the circumstances. Unfortunately, neither Finance staff nor a member of council have the authority to reverse any fees included in the User Fee By-Law.
This fee has applied to many taxpayers since instituted; it is respectfully recommended that the request to reverse the $25.00 charge be denied.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
If the charge is reversed, the Town would incur a shortfall of $25.00 which does not seem material but, if this request is granted for other taxpayers with same or similar situation, the Town could end up with a shortfall of hundreds of dollars and with an increase in workload for the Finance Department.
4.2 FUTURE YEARS:
Council can review the policy and make the changes deemed necessary which could impact future years. Page 3 of 3
5. ArrACHMENTS
5.1 Report of the Treasurer dated May 15, 2002.
Respectfully su bmifted,
Jay Currier, M.B.A. Town Manager Town of Bradford West Gwillimburv
REPORT OF THE TREASURER
May 15,2002
Mayor Jonkman & Members of Council
Postdated Cheques in Payment for Taxes & Other - RECOMMENDATION:
That the Report of the Treasurer dated May 15,2002 regarding Postdated Cheques in Payment for Taxes & Other be received and that, effective immediately, a fee of $25.00 be charged for each postdated cheque requested to be withdrawn from Treasury files.
BACKGROUND:
Property taxes are now accepted by numerous payment methods: cash, cheque, telephone and internet banking, all chartered banks in the Province and a range of plans which withdraw the payment fiom an indicated bank account on a selected frequency.
The cashier module of the financial system is now used to manage any postdated cheques received. For example, if a property owner brings in two cheques upon receiving the interim bill in February, one for the February due date and one for the April due date, both cheques are entered immediately into the system and, more importantly, immediately into the deposit for the appropriate date. Therefore, it has become extremely labour intensive to pull postdated cheques and then delete them from the system; thus the recommendation for this new policy.
Respectfully submitted,
urnbull TOWN OF BRADFORD WEST GWlLLlMBURY
RESOLUTION
Date: May 21,2002
Resolution No.: .22- €237 //
"That the Report of the Treasurer dated May 15, 2002 regarding Postdated Cheques in Payment for Taxes & Other be received and that, effective immediately, a fee of $25.00 be charged for each postdated cheque requested to be withdrawn.from Treasury files."
Carried ( MAY MAYOR
F0.r your records and/or follow-up. Town of Bradford West Gwillimbury
Postdated Cheques in Payment for Taxes & Other
Per Council Resolution No. 22-007, dated May 15,2002:
Effective immediately, a fee of $25.00 be charged for each postdated cheque requested to be withdrawn &om Treasury files.
Payments for property taxes will still be accepted by postdated cheques; however, once ., submitted there will now be a cost for withdrawing them.
Please note that payments for property taxes are also accepted by other methods including telephone and internet banking, at all chartered banks in the Province and by a range of pre-authorized payment plans which withdraw the payment from an indicated bank account on a selected frequency. Bradford. west imbury
REPORT OF PLANNING & DEVELOPMENT SERVICES
DATE: December 9, 2008
TO: Chair Roughley and Members of the Committee of the Whole
SUBJECT: National Homes - REVISED Draft Approval of Subdivision S-06-05 2743 Line 8, Part of the North 1/2 of Lot 13, Concession 7, Former Township of West Gwillimbury
SUBMITTED BY: Geoff McKnight, Director of Planning & Development Services
1. RECOMMENDATIONS:
1.1 That the December 9, 2008 planning report entitled "National Homes - Draft Approval of Plan of Subdivision S-06-05 (Revised), be received; and,
1.2 That the proposed National Homes subdivision located on Part of the North Half of Lot 13, Concession 7, former Township of West Gwillimbury, be given draft approval by Council subject to the conditions as set out in Appendix 'A1, including that the draft approval lapse after three years in the event that a subdivision agreement is not executed within that period.
2. PREAMBLE:
Plan of subdivision and zoning amendment applications have been submitted on behalf of National Homes for lands situated at the south-west corner of Line 8 and Professor Day Drive. At its meeting of August 5,2008, the Committee of the Whole endorsed a staff recommendation for draft approval of the plan. However, at the applicant's request, council referred the committee decision back to staff to provide National Homes with an opportunity to resolve boundary issues with the westerly- abutting property owner - Bearsfield Developments Inc.
The two property owners have come to a mutual agreement on minor revisions to the National Homes plan. The purpose of this report is to recommend draft approval of the revised plan of subdivision.
2008-Dec-09 cow NATIONALHOMES (BRADFORD INC.) RE: DRAFTAPPROVAL OF PLANOF SUBDIVISION- S-06-05 DECEMBER9,2008 PAGE2 OF 3
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 Original Plan
The August 5,2008 staff report is attached to this report - it provides details on the National Homes proposal, staff's assessment of the plan, and the results of public and agency circulation. As noted in that report, the proposal involves a 116 unit residential subdivision consisting of 10.19 hectares of land within Community Plan Area 3 (see Location Map - Attachment #I). The plan proposes lots for detached homes with frontages ranging from 11 to 18.6 metres (the majority of which are 11 or 12.2 metres). There are also a number of blocks for future residential purposes, an open space block, two road widening blocks and two buffer blocks.
The proposed low density plan consists of 108 lots for detached dwellings and 16 part lots to be combined with lands to the west (Bearsfield property). The total lot yield of 116 lots complies with the allocation and density provisions of the CPA3 secondary plan. A future development block has been established at the north end of the plan -additional servicing allocation must be approved for the block prior to development proceeding on those lands.
3.2 Revised Plan
As noted in the August 5th report, staff were satisfied that the National Homes plan was designed in a manner that did not unduly prejudice development of the Bearsfield property. Bearsfield did not share that view; thus, in an effort to avoid an appeal of the plan, National Homes requested a deferral of their application in order to provide the two landowners with sufficient time to resolve their differences.
Staff appreciate the effort and cooperation shown by National Homes and Bearsfield in arriving at an amicable solution. Attachments #2 and #3 depict the original August 5th draft plan and the revised plan respectively. Both parties have agreed to the revised plan, which amounts to a slight reconfiguration of the street pattern in the southern quarter of the proposal. The revised plan also results with four lots fronting onto Professor Day Drive - staff would not typically support direct frontage onto an arterial road but given the circumstance we are satisfied that this limited instance will not detrimentally impact the function of the road.
The conditions of approval have been updated to reflect the revised plan. Otherwise, the plan remains consistent with that endorsed by Committee of the Whole on August 5th.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
The applicant will be expected to pay Development Charges in accordance with the town's development charges by-law. NATIONALHOMES (BRADFORD INC.) RE: DRAFTAPPROVAL OF PLANOF SUBDIVISION- S-06-05 DECEMBER9,2008 PAGE3 OF 3
4.2 FUTURE YEARS:
The financial implications for the town are expected to be in line with the regular cost of residential development as in the past. At the time of subdivision completion, the town will assume responsibility for the infrastructure involved (i.e., roads, sanitary and water services).
5. ATTACHMENTS
1 Location Map 2 Original Draft Plan (August 5, 2008 version) 3 Revised Draft Plan 4 Conditions of Draft Approval 5 August 5, 2008 Staff Report
Respectfully submitted, Approved for agenda by,
GEOFFMCKNIGHT, MCIP, RPP Director of Planning & Development Services Town Manager Encls. Location Map
PART OF LOT 13, CONCESSION 7 (GEOGRAPHIC TOWNSHIP OF WEST GWILLIMBURY) TOWN OF BRADFORD WEST GWILLIMBURY
COUNTY OF ShlCOE SECTION 51, PLANNING ACT, SCALE 1 :I 250 ADDITIONAL INFORMATION A A9mONmW a SSHBIMONBRLYTW C *SmwPNDWIFIPmi 0 SEEssHBWEoFMDtm E ISSIWYIHwmPrUI F *SsmpONmFrPU)( G llSSU@B8NBBlfTW H ~IUPEOWERAVNWAT3lMEOF~OPMEM I J *SrnBUBMW H ~UB)-mGIRBIbEDOUBffMi,rmE-w 1 ~9HBRVoO~fw4
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NATIONAL HOMES (BRADFORD) INC.
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LOTS 1-13. 15-26, 28. 3. 4% 41. DBP 82 82 3784 9375 57-61. 83-65 dnd 70-1% ",me- IM*PD*Ln plva BiOOKS 1m-114 end 117-1s 14 7% 0508 0761 LOB 14. 27, 28. 3144£. 63-66, 62, 26 26 I061 2622 66-60 md 106-T88 IM-7- DM- pus BtDeKs I15 ood 118 1 * OW OM4 YLM-k YM-
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PROJECT No. P-ItjOO
(160o-OESt5) X-REF( IS(I0-US1 & 1800-MWO ) 0CT 14. 2008 DWG. No.-08:06 RECOMMENDED CONDITIONS OF DRAFT APPROVAL FOR PLAN OF SUBDIVISION S-06-05 NATIONAL HOMES (Bradford) INC.
GENERAL
1 That this approval applies to the draft plan of subdivision located on the North Half of Lot 13, Concession 7, Town of Bradford West Gwillimbury, County of Simcoe prepared by KLM Planning Partners Inc., identified as: Drawing No. 08:04, revised October 14, 2008, and showing a total of:
a. 108 Residential lots for 108 single-detached units (Lots 1 to 108) b. 16 part lots equating to 8 single-detached units (Blocks 109 to 124) c. 1 Open Space block (Blocks 126) d. 3 Buffer (landscape) blocks (Blocks 130, 131 and 132) e. 3 Municipal ROW Road Widening blocks (Blocks 127, 128 and 129) f. 4 Road reserves (0.3 metre reserves) (Blocks 133, 134, 135 and 136) 9- Roads noted as Streets 1, 2, 3, 4 and 5.
2. That prior to final approval and registration, the plan shall be revised as follows:
a. Inclusion of a block for a Temporary Road Connection north of lots 85 and 108; b. Addition of 0.3 metre reserves adjacent to the Future Development Block where it abuts Street 2 and the Temporary Road Connection.
3. That the Owner agrees in writing to satisfy all the requirements, financial and otherwise of the Town.
4. That prior to final approval of the plan, the appropriate zoning shall be in effect for the proposed subdivision.
5. That the Owner will enter servicing, development and other necessary agreements, satisfactory to the Town or any other appropriate authority before any development within the plan. These agreements may deal with matters including but not limited to the following:
Engineering and conservation works which include municipal services; Professional services including preparation of reports, plans, inspections, certifications and approvals; Hydro, stormwater management; Storm sewers, road widening and reconstruction; Monitoring wells, cash contributions, levies (development charges) Securities or letters of credit, emergency services; Land dedications and easements, reserves, noise abatement; Fencing, berming, buffer blocks and planting; Grading and sodding, signed entry features; Warning clauses, hoarding, parkland and tree preservation; RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 NATIONAL HOMES(BRADFORD) INC.
k. The details of which are indicated in correspondence from appropriate commenting agencies and departments.
6. That the Owner agrees that development charges, processing and administrative fees be paid prior to building permit issuance in accordance with the current Town policies and by-laws.
7. The Owner shall covenant and agree in the Subdivision Agreement that the Holding Zoning (H) provision shall not be removed by the Town, and that building permits shall not be sought or issued for any dwelling units within the draft plan for which a water supply and/or sanitary sewer allocation has not been confirmed by the Town.
8. The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, to implement or integrate any recommendations resulting from studies required as a condition of draft approval.
ROADS
9. That the Owner agrees that the road allowances shown as Streets '1" through to 'S", on the draft plan, shall be:
a. built to Town standards, in accordance with the latest requirements of the Town's Design Manual, and to the satisfaction of the Development Engineer b. dedicated as public highways; and, c. named to the satisfaction of the Town with regard to 911 emergency servicing and street naming policies.
10. That the Owner agrees that any dead ends and open sides of road allowances created by this draft plan, as described above, shall be terminated in 0.3 metre reserves, to the satisfaction of the Town, and shall be conveyed to, and held in trust, by the Town.
1 That the Owner agrees that intersection of Street '1" with Professor Day Drive to the east shall align with its counterpart east of Professor Day Drive, (i.e., Breeze Drive) to the satisfaction of the Development Engineer.
12. That the Owner agrees that a 4.5 metre road widening for Line 8, identified as Block 127, including daylighting where necessary, shall be deeded to the Town for future road widening purposes to the satisfaction of the Town.
13. That the Owner agrees that a road widening for Professor Day Drive, identified as Blocks 128 and 129, including daylighting where necessary, shall be deeded to the Town for future road widening purposes to the satisfaction of the Town.
14. That the Owner agrees that the 0.3 metre reserves shown as Blocks 133 - 136, and required adjacent to the Future Residential Development Block(s) where it abuts Street 2 and the Temporary Road Connection, shall be deeded to the satisfaction of the Town. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 NATIONALHOMES (BRADFORD) INC.
15. That all roads within the proposed development will be constructed to Town standards including curb & gutter, hot asphalt, granular, storm sewers, sanitary sewer, watermain sub-drawings, sidewalks, street lights, traffic signs, driveway approaches, sodded boulevards, boulevard trees, trails and landscaping.
16. The Owner shall covenant and agree in the Subdivision Agreement to provide temporary turning circles where required at their cost and remove them and restore the streets to their normal condition at their cost when required by the Town, to the satisfaction of the Town. The design of the temporary turning circles, and any implications on surrounding land use, shall be addressed in the Subdivision Agreement to the satisfaction of the Town.
17. That the Owner agrees to provide to the satisfaction of the Town, sidewalks, and/or trails as required.
18. That the Owner will agree in the Subdivision Agreement to provide to the Town a soils report with recommendations regarding house and road construction to meet Town standards.
19. That the Owner will agree in the Subdivision Agreement to make arrangements to the satisfaction of the Town for suitable construction traffic route(s).
20. That prior to final approval of the plan, the Owner will agree in the Subdivision Agreement, a municipal numbering system be assigned to the satisfaction of the Town with regard to 911 emergency servicing; and that the Owner agrees in the Subdivision Agreement to display the lot number and corresponding municipal address in a prominent location on each lot.
21. That prior to final approval of the plan, the Owner shall submit a Traffic Study, as required by the Functional Servicing Report for the Community Plan for Area 3, and to the satisfaction of the Development Engineer, to verify intersection designs and lane configurations to serve the development. The study will examine vehicle design volumes at ultimate build-out as well as interim development stages and verify all geometric criteria and ensure that all arterial roads have the necessary right-of-ways.
NOISE IMPACT STUDY
22. That prior to final approval of the plan, the Owner shall submit a Noise Impact Study, prepared by a qualified noise consultant, with recommended mitigation measures for noise generated by road traffic on Line 8, Professor Day Drive and by any other identified noise sources, to the satisfaction of the Town. The Owner further agrees to make any revisions to the draft plan that may be required to achieve the recommendations of the Noise Impact Study.
23. The Owner shall covenant and agree in the Subdivision Agreement to implement noise control measures and warning clauses as recommended by the approved Noise Impact Study, to the satisfaction of the Town. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 PAGE4 OF 15 NATIONAL HOMES(BRADFORD) INC.
DEVELOPMENT PHASING PLAN
24. That prior to final approval of the plan, the Owner shall prepare a Development Phasing Plan to the satisfaction of the Town and/or any other applicable approval authority. Among other matters, the Development Phasing Plan shall indicate the staging of services, provision of public facilities and construction access for multi-phased developments.
Some specific matters which have already been identified as affecting the appropriate timing of development, and will need to be addressed by the Development Phasing Plan, include:
a. adequate connectivity to Community Plan boundary roads (i.e., connections to Professor Day Drive and Holland Street West via intervening lands); b. acquisition of lands from the Simcoe County District School Board for Street 5; c. for Street 1 (West Park Avenue), in the absence of a connection for Street 5, adequate connectivity through the lands immediately to the west to West Park Avenue and ultimately Holland Street West; d. consideration of watermain looping; and e. avoidance of creating dead end streets.
TREE PRESERVATION AND LANDSCAPING
25. That prior to final approval of the plan, the Owner shall submit landscape plans based on the approved to the satisfaction of the Town. These plans are to be prepared by a qualified landscape architect in good standing with the O.A.L.A. and shall include the following:
a. street tree planting, as per Town standards. b. 1.5m high black vinyl chain link fence where residential lots abut the neighborhood park c. buffer planting for the open space blocks and single loaded road allowances where deemed necessary d. noise attenuation fencing as required by the acoustic study e. fencing and planting of the walkway blocks, pathways, trails and buffers f. fencing of the school blocks where they abut residential development g. streetscape plan, including street trees, where deemed necessary h. subdivision entrance features i. fencing and planting of the stormwater management facilities j- any required connections within Block 161 to the community trail system
26. The Owner covenants and agrees that the detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION 5-06-05 PAGE5 OF 15 NATIONAL HOMES(BRADFORD) INC.
The Owner shall submit an overall tree inventory and preservation plan, which has been prepared by a qualified Landscape Architect in good standing with the O.A.L.A., or a certified Arborist, to the satisfaction of the Town, prior to the execution of a Subdivision Agreement for any portion of the draft plan of subdivision. The tree preservation plan shall be based on information taken from a registered survey plan, showing the exact location of the trees to be preserved, location of protective hoarding, final grading, proposed municipal services and utilities, and conceptual building envelopes and driveway locations.
28. The Owner shall covenant and agree in the Subdivision Agreement that the Owner shall prepare and submit site gradingltree preservation plans, with respect to trees to be preserved on any portion of the plan of subdivision, showing the location of buildings and structures to be erected and proposed municipal services and utilities in that area, in accordance with the approved Tree Preservation Plan for the approval of the Town prior to the issuance of building permits.
29. The Owner shall covenant and agree in the Subdivision Agreement to obtain written approval of the Town prior to the removal of any trees within the area of the draft plan.
30. The Owner shall covenant and agree that provision shall be made in the Subdivision Agreement for a letter of credit, in an amount to be determined by the Town, to ensure compliance with applicable tree preservation, fencing, streetscape, buffer and other landscaping requirements.
31. The Owner shall covenant and agree in the Subdivision Agreement to prohibit all builders from imposing an extra charge to home purchasers for the items listed in Condition 26.
PARKS AND OPEN SPACE
32. That the applicant will agree in the Subdivision Agreement to address the provision of lands for parkland purposes, as required in accordance with Town policy and Sections 42 and 51 of the Planning Act, as amended. Specifically, the Owner agrees to provide cash-in-lieu of parkland.
33. The Owner shall covenant and agree to rough grade, topsoil, seed and maintain (free of stock piles and debris) all school blocks, park blocks and place of worship blocks and vacant lands within the subdivision to the satisfaction of the Town. The park blocks shall be maintained until such time as the parks have been constructed and assumed by the Town for maintenance. The school blocks, places of worship blocks, and other vacant blocks shall be maintained until such time as the Ownership of the blocks has been transferred.
34. The Owner shall covenant and agree to enter into interim arrangements for the stockpiling of top soil to the satisfaction of the Town. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLANOF SUBDIVISION S-06-05 NATIONALHOMES (BRADFORD) INC.
35. The Owner shall convey Block 126 to the Town for open space purposes, free of all costs and encumbrances, upon registration of the plan of subdivision.
36. The Owner shall convey Blocks 130 - 132 to the Town for landscape buffering purposes free of all costs and encumbrances and to the satisfaction of the Town, upon registration of the plan of subdivision
37. Prior to final approval of the plan, the Owner shall prepare and submit a detailed Open Space Plan for Block 126 indicating all proposed improvements to the lands, including construction of a asphalt surfaced trail, to the satisfaction of the Town.
38. The Owner shall agree in the Subdivision Agreement to assume all costs related to the improvements proposed for Block 126.
SERVICING
39. The Owner shall acknowledge and agree in the Subdivision Agreement that final approval of the draft plan shall be subject to adequate sanitary sewer capacity and water supply being allocated to the subdivision by the Town.
40. Prior to final approval of the draft plan, the Owner shall prepare, to the satisfaction of the Town, a Functional Servicing Report to determine the infrastructure required for all municipal services internal to the subdivision. Any requirements resulting from this Report shall be incorporated into the draft plan and provided for in the Subdivision Agreement.
41. The Owner shall acknowledge and agree in the Subdivision Agreement that building permits will not be issued until the Town is satisfied that water, sewage treatment, utilities and roads are available to the lands, except that building permits may be issued for model homes upon terms and conditions established by the Town.
42. The Owner shall covenant and agree in the Subdivision Agreement that they shall be required to construct, or pay for the construction of, roads, bicycle lanes, curbs, gutters, sidewalks (in accordance with the applicable Council policy), underground and above ground services, street lights, street signs, utilities, stormwater management facilities, etc., to the satisfaction of the Town.
43. Prior to final approval of the draft plan, detailed engineering drawings shall be provided by the Owner which will include, but not be limited to grading control plans, plan and profile drawings of all underground and aboveground services, general plans, drainage plans, composite utility plans, stormwater management detail plans, etc. to the satisfaction of the Town.
44. The Owner shall acknowledge and agree in the Subdivision Agreement that building permits will not be issued for lands in any stage of development within the draft plan of subdivision until the Fire Chief is satisfied there is an adequate water supply for firefighting operations and acceptable access for firefighting equipment is available. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 NATIONAL HOMES(BRADFORD) INC.
That the Owner agrees in the Subdivision Agreement to the satisfaction of the Town and the appropriate agencies, to enter into an agreement, which shall be registered on title, with respect to external works to the provision of sewer and water to the subject property.
That the Owner will accommodate all existing drainage within and external to the subject plan according to the Town's Stormwater Management Policies and to the satisfaction of the Town. Where improvements and/or adjustments to the existing systems are necessary to facilitate this development, it will be the Owner's responsibility to provide the necessary works, including outlet improvements as required.
That the Owner will be responsible for the preparation of a Stormwater Management Study that will recommend the means by which the stormwater within and external to the site should be accommodated, all to the satisfaction of the Town and the Conservation Authority.
That prior to final approval and registration of the plan the Owner complete a Stormwater Management Design Report, based on the Town's Design Criteria and the most current watershed modeling completed at the time of submission, to the satisfaction of the Development Engineer.
That the Owner will be responsible for carrying out the works recommended above to the satisfaction of the Town and the Conservation Authority. Without limiting the general or specific requirements of the above referenced Stormwater Management Report, the Owner will provide appropriate erosion and sediment control within the development areas to protect applicable watercourses from the impact of run off from the development. The Owner will maintain the erosion and sediment control facility in a fashion suitable to the Town and any safety devices, if required, will be provided by the Owner at the direction of the Town in their sole and unfettered discretion.
That the Owner will provide storm sewers suitably designed and of sufficient depth to provide for the proper drainage of the lands within and external to the subdivision and to discharge to drainage outlets as directed by and to the satisfaction of the Town.
The Owner agrees that in order to provide proper and reliable water distribution systems within the development, reasonable looping of these systems shall be provided to the satisfaction of the Town.
That the Owner will agree in the Subdivision Agreement, that such easements and land dedications as may be required for access, drainage, servicing, stormwater management, utilities and construction purposes shall be designed to the satisfaction of, and granted to the appropriate agencies or authorities, free and clear of all encumbrances to the satisfaction of the Town and all appropriate agencies or authorities.
That prior to final plan approval and registration, the Owner is to co-ordinate the preparation of a Composite Utility Plan to the satisfaction of all affected authorities. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 PAGE8 OF 15 NATIONALHOMES (BRADFORD) INC.
54. That the Owner shall agree in the Subdivision Agreement that all of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required.
55. The Owner shall grade all streets to final elevation prior to the installation of the gas lines, and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution Inc.
56. That the Owner will agree in the Subdivision Agreement prior to final approval, arrangements will be made to the satisfaction of the Town for the relocation of any utilities required by the development of the subject lands to be undertaken at the expense of the applicant.
57. That the Subdivision Agreement between the Owner and the Town contain staging arrangements to the satisfaction of the Town.
58. Prior to final approval, the Owner shall satisfy the Town with respect to servicing and road connections to the south or west via intervening lands.
ARCHITECTURAL CONTROL
59. The Owner shall retain a design consultant to formulate architectural control statement to be submitted to the Town for approval prior to final approval of the plan and shall covenant and agree in the Subdivision Agreement to implement the architectural control guidelines through the use of a control architect.
60. Plans submitted for permits for any building within the plan of subdivision shall bear an approval stamp identifying the architectural company retained for architectural control and the signature of the control architect. The approval stamp shall certify that the floor plans, building elevations and site plans are designed in accordance with the approved architectural control statement.
61. The Owner shall ensure that the design architect for any buildings within the plan of subdivision shall not also assume the role of control architect for the plan of subdivision.
EASEMENTS
62. The Owner shall grant required easements to the appropriate authority for public utilities, drainage purposes or turning circles, upon registration of the plan of subdivision. Any off-site easements and works necessary to connect watermains, storm and sanitary sewers to outfall trunks and stormwater management facilities shall be satisfactory to, and dedicated to, the Town. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLANOF SUBDIVISION S-06-05 NATIONAL HOMES(BRADFORD) INC.
UTILITIES
63. The Owner shall covenant and agree in the Subdivision Agreement that hydro electric, telephone, gas and television cable services, and any other form of telecommunication services shall be constructed at no cost to the Town as underground facilities within the public road allowances or within other appropriate easements, as approved on the Composite Utility Plan, to the satisfaction of the Town and authorized agencies.
64. The Owner shall covenant and agree in the Subdivision Agreement to enter into any agreement or agreements required by any applicable utility companies, including Barrie Hydro, Enbridge Distribution, telecommunications companies, etc.
65. The Owner covenants and agrees that it will permit any telephone or telecommunication service provider to locate its plant in a common trench within the proposed subdivision prior to registration provided the telephone or telecommunications services provider has executed a Municipal Access Agreement with the Town. The Owner shall ensure that any such service provider will be permitted to install its plant so as to permit connection to individual dwelling units within the subdivision as and when each dwelling unit is constructed.
66. The Owner is advised by Bell Canada that prior to commencing any work within the plan, the Owner must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communications/telecommunications infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services).
CANADA POST
67. That the Owner will agree in the Subdivision Agreement, that the applicant has made satisfactory arrangements for the installation of mail facility(s), if required, in the development to the satisfaction of the Town with confirmation to be received by Canada Post.
68. The Owners shall covenant and agree in the Subdivision Agreement to facilitate the construction of Canada Post facilities at locations and in manners agreeable to the Town in consultation with Canada Post, and that where such facilities are to be located within public rights-of-way they shall be approved on the Composite Utility Plan and be in accordance with the Community Design Plan. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLANOF SUBDIVISION S-06-05 PAGE10 OF 15 NATIONALHOMES (BRADFORD) INC.
69. The Owners shall covenant and agree in the Subdivision Agreement to include on all offers of purchase and sale a statement that advises prospective purchasers that mail delivery will be from a designated Community Mailbox. The Owners will further be responsible for notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sale.
70. The Owners shall covenant and agree in the Subdivision Agreement to provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox locations. This will enable Canada Post to provide mail delivery to new residents as soon as homes are occupied.
71. Standard Community Mailbox installations are to be done by Canada Post at locations approved by the municipality and shown on the Composite Utility Plan. Should the developer propose an enhanced Community Mailbox installation, any costs over and above the standard installation must be borne by the developer, and be subject to approval by the Town in consultation with Canada Post.
ENVIRONMENTAL CLEARANCE
72. Prior to final approval of the plan, the Owner shall submit an environmental clearance prepared by a professional engineering consultant or equivalent, in accordance with MOEE guidelines or other guidelines as appropriate, for all lands to be conveyed to the Town, to the satisfaction of the Town.
ARCHAEOLOGICAL ASSESSMENT
73. That the Owner shall carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the Town and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements.
CONSERVATION AUTHORIlY
74. That prior to final approval and any major site alteration, the following shall be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town:
a. A detailed Stormwater Management Report in conformity with provincial (MOE), regional watershed (LSRCA), and local standards and guidelines. This report must also conform to the Assimilative Capacity Study (ACS) which identifies the means to maintain or improve water quality in Lake Simcoe. b. A detailed Erosion Control Plan c. A detailed Grading Plan d. A detailed Geotechnical Report for the stormwater pond e. A detailed Landscaping Plan for the proposed stormwater pond RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLANOF SUBDIVISION S-06-05 PAGE~~OF~~ NATIONALHOMES (BRADFORD) INC.
75. That the owner shall agree in the subdivision agreement, in wording acceptable to the Conservation Authority, to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above.
76. That the owner shall agree in the subdivision agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Lake Simcoe Region Conservation Authority.
77. That the owner shall agree, prior to final plan approval, to pay all development fees to the conservation authority as required in accordance with the Lake Simcoe Region Conservation Authority's fee policy, under the Conservation Authorities Act.
78. That prior to final plan approval and any site alteration, proper erosion and sediment control measures must be in place. All stormwater management facilities and sediment and erosion controls must be in place prior to the creation of impervious areas such as roads and buildings.
OTHER TOWN REQUIREMENTS
79. Prior to final approval of the draft plan or any phase thereof, the Owner shall enter into a Developers Group Agreement(s) to ensure the provision of community and common facilities such as school sites, municipal services, parks and public roads in the secondary plan, to the satisfaction of the Town, and a certificate confirming completion of such agreement(s) shall be provided to the Town by the Developers Group Trustee to the satisfaction of the Town Solicitor.
80. The Owner acknowledges and agrees that firebreak lots within the draft plan shall be designated in the subdivision agreement, to the satisfaction of the Fire Chief. The Owner shall provide a letter of credit in an amount to be determined by the Fire Chief at the subdivision agreement stage to ensure compliance with this condition.
81. The Owner shall covenant and agree in the subdivision agreement to include warning clauses in agreements of purchase and sale for all units with single car garages advising purchasers that overnight street parking will not be permitted unless an overnight street parking permit system is implemented by the Town.
82. The Owner shall covenant and agree in the subdivision agreement to comply with the terms of the Town's Early Payment Agreement (2007) with respect to the agreement execution, plan registration and zoning hold (H) removal.
83. The Owner shall covenant and agree in the Subdivision Agreement that Blocks 109 to 124, shall be developed only in conjunction with abutting lands and that no building permits will be issued for said blocks until combined with abutting lands to create building lots in conformity with the zoning by-law and all applicable fees have been paid. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 NATIONALHOMES (BRADFORD) INC.
84. Prior to final approval of the draft plan or any phase thereof, the town must acquire privately-held lands situated between Professor Day Drive and the subject lands generally opposite Breeze Drive. The Owner shall agree in the Subdivision Agreement to compensate the Town for any costs incurred in the acquisition of those lands.
SCHOOL BOARDS
85. That the Owner shall agree in the Subdivision Agreement that development of the lands shall be staged in accordance with the availability of satisfactory school accommodations as determined by the Simcoe Muskoka Catholic District School Board. The Owner shall further agree to include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported toland accommodated in temporary facilities out of the neighbourhood school's area.
86. That the Owner agrees to include in all offers of purchase and sale a statement, which advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside the area.
87. That the Owner agrees to include in all offers of purchase and sale a statement, which advises the prospective purchaser that school buses will not enter cul de sacs and pick up points will generally be located on through streets convenient to the Board. Additional pick up points will not be located within the subdivision until major construction activity has been completed.
BARRIE HYDRO
88. The Developer/Owner acknowledges and agrees to enter into a Subdivider's Agreement with Barrie Hydro to outline the conditions and costs associated with the installation of the necessary electrical distribution facilities.
89. The Developer/Owner acknowledges and agrees that no connection to the existing electrical systems will be permitted prior to the Town of Bradford West Gwillimbury's Subdivision Agreement being signed and sealed by all parties.
90. The Developer/Owner acknowledges and agrees that in order to provide proper and reliable electrical distribution systems within the development, reasonable looping of these systems shall be provided to the satisfaction of Barrie Hydro, including internal and external electrical distribution.
91. The Developer/Owner shall dedicate the required easements for the installation of electrical equipment to Barrie Hydro. 92. Barrie Hydro will complete the planning, design, and installation of the electrical distribution system for the internal and external servicing of the subdivision. This cost will be shared between the developer and Barrie Hydro. Barrie Hydro's share is based on the outcome of the economic evaluation. This evaluation will conform to the requirements of the Ontario Energy Board's Distribution System Code, Section 3, Appendix B.
93. The cost of the design and installation of the street lighting system within the Great Gulf Homes plan of subdivision is not included in the economic evaluation. The Developer/Owner is responsible for 10O0/0 of this cost.
94. Barrie Hydro will rebate the Developer/Owner the apportioned share for the residential units as calculated in the economic evaluation once the residential unit is occupied by the permanent Owner and consuming electrical energy. These rebates are available upon written request from the Developer/Owner but will only be processed annually by Barrie Hydro. The rebates will be calculated using actual electrical serving costs.
95. The Developer/Owner acknowledges and agrees to strict compliance with Section 26- 014 'Liquid Fill Equipment, Outdoors" of the Ontario Electric Safety Code, 22"* Edition. Briefly, this Code requires 6 metres separation between oil filled transformers and combustible materials or glass or doorway of buildings. Compliance with this condition, particularly for the wide shallow lots will require coordination of the underground electrical distribution design and the layout of the proposed residential dwellings. If the Developer/Owner does not adhere to this rule, Barrie Hydro will rectify the situation at the Owner/Developerls total cost.
FUTURE DEVELOPMENT BLOCK
96. The Owner shall covenant and agree in the subdivision agreement that development of Block 125 for residential purposes is not possible at this time, and may never be possible, as its development would cause the population for the subject lands to exceed its allocation. Development may be considered in the future provided that the issue of additional population allocation has been addressed to the satisfaction of the Town, including the securing of any necessary planning approvals.
97. The Draft Plan conditions as outlined in the preceding paragraphs shall be valid for the immediate twelve months from March 1, 2007.
98. These conditions apply to the 106 residential units and - future blocks on the proposed plan of subdivision. The Development of any additional lots or blocks will require a subsidiary agreement.
99. That the draft plan approval is for a period of three (3) years. The Owner shall apply for any extension at least sixty (60) days prior to the lapsing date. RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 NATIONALHOMES (BRADFORD) INC.
Notes to Draft A~~roval
1 It is the applicant's responsibility to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Approval Authority, quoting file S-06-05.
2. It is suggested that the Owner be aware of Section 144 of the Land Titles Act and subsection 78(10) of the Reqistw Act. Subsection 144(1) of the Land Titles Act requires that a plan of subdivision of land that is located in a land titles division be registered under the Land Titles Act. Exceptions to this provision are set out in subsection 144(2).
Subsection 78(10) of the Reqistw Act requires that a plan of subdivision of land that is located only in a registry division cannot be registered under the Registr-yt Act unless the title of the owner of the land has been certified under the Certification of Title Act. Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10).
3. It is suggested that the municipality register the subdivision agreement as provided by subsection 51(26) of the Planning Act, R.S.O. 1990 against the land to which it applies, as notice to prospective purchasers.
4. All measurements in subdivision final plans must be presented in metric units.
5. For your information, easements required for utility or drainage purposes should be granted to the appropriate authority.
6. All deeds to be conveyed must be free and clear of all encumbrances.
7. The Town has specific requirements for the submission of digital drawings. Please contact the County of Simcoe GIs Department for additional information.
8. The Lake Simcoe Region Conservation Authority will require a copy of the executed subdivision agreement prior to the clearance of the draft plan conditions.
1 Clearances are required from the following agencies:
The Ministry of Culture Heritage Operations/Archaeology 400 University Avenue 4th Floor Toronto, Ontario M7A 2R9
Lake Simcoe Region Conservation Authority 120 Bayview Parkway Newmarket, Ontario L3Y 4x1
Simcoe County District School Board 1170 Highway 26 West Midhurst, Ontario LOL 1x0 RECOMMENDCONDITIONS OF DRAFTAPPROVAL FOR PLAN OF SUBDIVISION S-06-05 PAGE15OF15 NATIONALHOMES (BRADFORD) INC.
Simcoe Muskoka Catholic District School Board 46 Alliance Blvd. Barrie, Ontario L4M 5K3
Enbridge Gas Distribution Planning 500 Consumers Road North York, Ontario M2J 1P8
Utility Providers for the following as/if required: Postal Service provider Telecommunications providers Electricity Service provider
12. If agency draft plan conditions concern conditions within the subdivision agreement, a copy of the agreement should be sent to them. This will expedite the clearance of the final plan.
13. Please be advised that the approval of this draft plan will lapse on December 16, 2011. This approval may be extended pursuant to subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed.
If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval will lapse under subsection 51(32) of the Plannins Act, R.S.O. 1990. If the owner wishes to request an extension to draft approval, a written explanation, together with a resolution from Council, must be received by the County of Simcoe sixty (60) days prior to the lapsing date.
14. The Final Plan approved by the County must be registered within 30 days or the County may withdraw its approval under subsection 51(32) of the Planning Act, R.S.O. 1990, as amended.
Subject to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act R.S.0 1990, Chapter 13, as amended.
This day of , 2008
Geoff McKnight MClP RPP Director of Planning & Development Services Bradford. Gwillimburywest
REPORT OF PLANNING & DEVELOPMENT SERVICES
DATE: August 5, 2008
TO: Chair and Members of the Committee of the Whole
SUBJECT: National Homes - Draft Approval of Subdivision S-06-05 2743 Line 8, Part of the North 1/2 of Lot 13, Concession 7, Former Township of West Gwillimbury
SUBMITTED BY: Geoff McKnight, Director of Planning & Development Services
RECOMMENDATIONS:
That the August 5, 2008 planning report entitled 'National Homes - Draft Approval of Plan of Subdivision S-06-05, be received; and,
That the proposed National Homes subdivision located on Part of the North Half of Lot 13, Concession 7, former Township of West Gwillimbury, be given draft approval by Council subject to the conditions as set out in Appendix 'A', including that the draft approval lapse after three years in the event that a subdivision agreement is not executed within that period.
2. PREAMBLE:
Plan of subdivision and zoning amendment applications have been submitted on behalf of National Homes for lands constituting Part of the North Half of Lot 13, Concession 7, former Township of West Gwillimbury. The applications have been circulated, a public meeting has been held, and the plan has been revised to reflect town and agency comments. The purpose of this report is to recommend draft approval of the plan of subdivision.
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 Proposal:
The National Homes site is located at the north-east corner of Community Plan Area 3, It is located along Professor Day Drive immediately north of Fieldcrest Elementary School. The draft approved National Homes (Bradford Inc.) RE: Draft Approval of Plan of Subdivision - S-06-05 August 5,2008 Page 2 of 5
Great Gulf holdings dominate much of the remaining CPA3 lands, with the exception of approximately 6 hectares held by Bearsfield Developments Inc. (which abuts the subject lands to the west). A key map showing the location of the lands is attached.
The proposal involves subdivision approval for a 116 unit residential subdivision consisting of 10.19 hectares of land within Community Plan Area 3. The plan proposes lots for detached homes with frontages ranging from 11 to 18.6 metres (the majority of which are 11 or 12.2 metres). There are also a number of blocks for future residential purposes, an open space block, two road widening blocks and two buffer blocks (see attached draft plan of subdivision).
3.2 Existing Official Plan Designation and Zoning:
The lands are designated "Residential" in the official plan and "Low Density Residential" and "Environmental Protectionrr, in the Community Plan for Area 3.
The proposed low density plan consists of a parcel fabric of 106 lots for detached dwellings and 19 part lots to be combined with lands to the west (Bearsfield property). The total lot yield of 116 lots complies with the allocation and density provisions of the CPA3 secondary plan. A future development block has been established at the north end of the plan -additional servicing allocation must be approved for the block prior to development proceeding on those lands.
The subject lands are currently zoned General Agricultural (A) according to Zoning By-law 79825 of the former Township of West Gwillimbury. The proposed zoning for the development proposal would include a number of First Density Residential Exception (Rl-X), and Open Space (0s) and/or Environmental Protection (EP) zones.
The zoning proposed for the plan of subdivision will also reflect the characteristics of the lots proposed (i.e., lot frontages, areas and typical setbacks) as well as the town's urban design guidelines. An implementing zoning by-law amendment for the plan will be brought forward for Committee consideration at a later date.
3.3 Application Review/Discussion:
3.3.1 Subdivision Design
Section 5.2.4.1 of the Official Plan sets out specific principles for the cohesive design of subdivisions, which include such elements as proper vehicular and pedestrian connections, transit supportive layout, mix of housing types, and proximity to schools and parks. In staffs review of the plan we note the following attributes:
Section 5.2.4.1 Criteria Planning Department Response Street patterns will be designed to distribute traffic The proposed road pattern allows for a distribution of traffic through throughout the site and provide numerous linkages the site and access directly to Professor Day Drive and indirectly to both within the subdivision and with abutting Holland Street West (via West Park Avenue). development; Subdivision will be designed to facilitate efficient transit The collector road through the subdivision links with the outside arterial service; roads in an efficient grid pattern allowing a variety of future transit routes National Homes (Bradford Inc.) RE: Draft Approval of Plan of Subdivision - S-06-05 August 5,2008 Page 3 of 5
Section 5.2.4.1 Criteria Planning Department Response (e.g., potentially West Park Avenue (Street 1). A mix of housing types will be encouraged; The plan offers a mix of detached units and contains potential for additional low density units in the future. Proximity and accessibility to schools and parks will be The plan provides good proximity and accessibility to the Fieldcrest considered in the subdivision design; Elementary School, the Bradford District High School, the Open Space Corridor, the future Community Park and Civic Campus lands. As noted West Park Avenue and a street connection across the north part of Fieldcrest property provide a high degree of connectivity between local streets and community facilities. Pedestrian facilities, including side-walks and links with The plan design allows for direct roadlsidewalk access to community schools, recreation facilities, and commercial areas, facilities and recreation areas. will be part of the development; Views and vistas should be preserved and new ones There are several "window streetsnproposed which offer views into the created were feasible; neighbourhood and there are several streets which allow the possibility of long views into natural or open space areas. Trees will be planted on the boulevard between the This requirement will be included in the Subdivision Agreement. sidewalk and the street; Walking and bicycle trails linking the development to The sidewalk network is expected to ultimately connect with the trail other facilities in the community should be provided; system proposed for the lands to the west and will contain sidewalk connections to adjacent lands and roads. Connections to the valley trail system will also be implemented. Driveways will be designed to ensure sufficient The Zoning By-law amendment and requirement for architectural control separation distances at the street to allow for on-street (contained in the conditions of draft approval) will ensure that the parking; applicant provides an acceptable parking strategy for the area. The applicant has submitted plans indicating that parking is achievable with the densities envisioned in this plan. Home occupations will generally be allowed in The Town's Zoning By-laws contain regulations for home occupations. residential areas, subject to standards established in the zoning by-law;
3.3.3 Parkland Dedication
The CPA3 plan located two neighbourhood parks and one community park within the secondary plan area. All three parks are located on lands owned by Great Gulf. As such, National Homes will be required to provide cash-in-lieu of parkland in order to satisfy its obligations. The funds will then be used by the town to compensate Great Gulf's over-dedication.
3.3.4 Development Phasing
Development of the lands cannot proceed until Great Gulf has extended services to their closest phase immediately west of Fieldcrest School. At that time, National Homes can access their site via the intervening Bearsfield property or through lands to be acquired from the school board (which the Board has agreed to in principle). Draft plan conditions also obligate National Homes to access Professor Day Drive immediately across from Breeze Drive as a component of the initial phase.
With respect to Professor Day Drive, a narrow property (approximately 0.3-metres) exists between the road's ROW and the subject lands. The strip is privately held and must be acquired in order to National Homes (Bradford Inc.) RE: Draft Approval of Plan of Subdivision - S-06.05 August 5,2008 Page 4 of 5
facilitate the extension of Breeze Drive. National Homes has agreed to reimburse the town for any costs incurred in obtaining the land.
3.3.5 Future Residential Block
The draft plan establishes a "phase 2" area for future development. This is consistent with recent approvals granted by the town, and is part of a concerted effort to position the municipality such that it can achieve greenfield density targets established by the province and county. However, as with similar plans, development of the lands cannot proceed until the town secures additional waterisewer servicing capacity (currently being pursued through environmental assessments). As such, it is premature for the National Homes plan to identify lots within the phase 2 area. Accordingly, staff have redlined the plan to create one 'future development block" and included draft plan conditions to that effect.
3.3.6 Development of Abutting Lands
Staff note that although applications have not been submitted for the development of the Bearsfield property (immediately west of the subject lands), the National Homes plan accommodates 2 road connections through the Bearsfield property to link up with the draft approved Great Gulf plan (i.e., Streets 1- West Park Avenue and Street 2). Staff are satisfied that development of the Bearsfield property in accordance with the Community Plan for Area 3 remains achievable. Depending on the timing of the receipt of applications for the Bearsfield property, it may be possible to incorporate minor revisions within the National Homes plan if appropriate.
3.4 Additional Comments and Conditions of Approval:
Lake Simcoe Region Conservation Authority (LSRCA) The Town has received correspondence from the LSRCA indicating that they are satisfied with the draft plan of subdivision, subject to the inclusion of a number of provisions within the conditions of draft approval. These conditions speak to satisfactory completion of studies pertaining to stormwater management, including design of the ponds and planting plans, tree preservation and standard siltation and erosion control measures required during construction.
Fire and Emergency Sewices Fire and Emergency Services have noted that a minimum of two ways into the subdivision shall be provided and maintained from Professor Day Drive and from the Great Gulf lands (via a road connection across lands currently owned by the School Board).
Town Consulf-ing Engineer The Town's Consulting Engineer has requested the inclusion of a number of draft conditions which are largely covered off by standard town conditions dealing with phasing which have been included. Specific requests have been made for an Internal Functional Traffic Study to ensure an acceptable configuration and design of roads, sidewalks and parking.
Minor revisions to the plan have also been suggested and have largely been captured by the revised draft plan and will otherwise be accommodated within the final plan. National Homes (Bradford Inc.) RE: Draft Approval of Plan of Subdivision - S.06-05 August 5,2008 Page 5 of 5
3.5 Zoning By-law:
An implementing zoning by-law amendment will be brought forward for council's consideration at a later date and will incorporate the lot speciflc circumstances proposed in the plan of subdivision, the town's urban design guidelines as well as holding provisions. The proposed zoning will be required to incorporate a (H) Holding symbol to address servicing, connectivity and phasing issues.
3.6 Overall Planning Comment:
Planning staff note that the outstanding issues have been resolved through the inclusion of additional conditions in the conditions of draft approval. Accordingly, draft approval at this time is appropriate. Notice of the public meeting was provided in mid-January 2007 for a February 17, 2007 public information meeting. No comments were received from the public.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR: The applicant will be expected to pay Development Charges in accordance with the town's development charges by-law.
4.2 FUTURE YEARS: The financial implications for the town are expected to be in line with the regular cost of residential development as in the past. At the time of subdivision completion, the town will assume responsibility for the infrastructure involved (i.e., roads, sanitary and water services).
1 Location Map 2 Draft Plan 3 Conditions of Draft Approval
Respectfully submitted,
~EO~~CKNIGHT,MCIP, RPP JAYCURRIER, MBA Director of Planning & Development Services Town Manager Encls. REPORT OF PLANNING & DEVELOPMENT SERVICES
DATE: December 9, 2008
TO: Chair Roughley and Members of the Committee of the Whole
SUBJECT: Application for Temporary Use Zoning By-law Amendment Applicant: Brookfield Homes (Ontario) Limited Part of Lot 11, Concession 6 2663 Sideroad 10 Former Township of West Gwillimbury Planning Department File: Z-08-11
SUBMITTED BY: Tami Kitay, Senior Planner
1. RECOMMENDATIONS:
1.1 That the report of planning staff entitled "Application for Temporary Use Zoning By-law Amendment" respecting property located in Part of Lot 11, Concession 6, municipally known as 2663 Sideroad 10, and dated December 9, 2008, be received; and
1.2 That Council approve temporary use zoning by-law amendment application No. 2-08-11, to allow the use of the existing new homes sales pavilion for a period of not longer than three (3) years, subject to the conditions contained herein.
2. PREAMBLE:
The Town of Bradford West Gwillimbury has received an application for a temporary use zoning by- law amendment for the existing temporary sales office pavilion on the above-noted property.
The existing sales pavilion was permitted by a temporary use zoning by-law in August 2005 (file no. 2-05-12), That permission expired in August 2008. The applicants are seeking another temporary use by-law to allow the temporary sales pavilion to continue operations for another three (3) years.
There have been no proposed changes to the sales pavilion or the site layout.
2008-Dec-09 cow COMMITTEEOF THE WHOLE RE: TEMPORARYUSE ZONING BY-LAW AMENDMENT I BROOKFIELD HOMES (ONTARIO) LTD. 12-08-1 1 DECEMBER9,2008
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 BACKGROUND
The application has been submitted by Ms. Lucy Tantalo of Brookfield Homes (Ontario) Limited, for lands in Part of Lot 11, Concession 6, and municipally known as 2663 Sideroad 10, in the former Township of West Gwillimbury. The area subject to the temporary use zoning by-law amendment is 5635.78 square metres in size with a frontage of 83.97 metres fronting onto the Sideroad 10. A site location map and site plan is attached.
The temporary sales pavilion is used for the marketing and selling of new homes in the draft approved 999 residential plan of subdivision located on lands to the east of the subject property. Phases 1, 2, and 3 of the plan have been registered and construction is underway with a large portion of Phases 1 and 2 already occupied.
3.2 PLANNING ACT
Section 39 of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides an opportunity for temporary uses to be evaluated and allowed for a period of time up to three (3) years. The process for temporary use by-laws is identical to that of a regular zoning by-law amendment under section 34. Full circulation of the application, a public notice, statutory public meeting, and proposal scrutiny are part of the process to identify any potential impacts of the temporary use on surrounding properties.
However, a temporary use by-law can not simply be extended at the end of the three (3) years. The proposal must be re-reviewed through the same public process to evaluate the performance of the use over the last three (3) years and to identify any undesirable impacts that may have resulted.
3.3 OFFICIAL PLAN, COMMUNITY PLAN AREA 2, AND ZONING BY-LAW:
The lands are designated "Residential" in the Official Plan and are located within the Bradford Urban Area. As per section 10.6.2 of the Official Plan, temporary uses may be permitted that would otherwise be prohibited by the zoning by-law.
The subject property is located within the Community Plan Area 2 Secondary Plan which has designated the subject property as Low Density Residential and Storm Water Management. The applicant is not proposing to change the Official Plan or Secondary Plan designations.
According to By-law No. 2263, the comprehensive zoning by-law for the former Town of Bradford, the subject property is zoned First Density Residential, Exception 'Rl-21" and Open Space '0". A sales pavilion is considered an office use which is not permitted in either zone. The applicant has requested the temporary use zoning by-law amendment to allow for the use of the existing temporary sales office on the subject property for a period of another three (3) years. COMMITTEEOF THE WHOLE 3 RE: TEMPORARYUSE ZONING BY-LAW AMENDMENT I BROOKFIELD HOMES (ONTARIO) LTD. 1 2-08.1 1 DECEMBER9,2008
3.4 DISCUSSION:
The statutory public meeting was held on November 18,2008. Notice was given in accordance with the Planning Act on October 23, 2008. Seven (7) responses have been received as a result, all advising that they have no objections or comments to the proposal. No responses to the circulation were received from neighbouring property owners.
The Town's consulting transportation engineer advised that the loth Sideroad will ultimately be subject to an environmental assessment as part of future Sideroad 10 improvements. Therefore, if the temporary entrance still exists when the assessment is undertaken, its impact(s) will be included within the study parameters.
As part of the 2-05-12 application for the temporary sales pavilion use on the subject property, the site was exempt from site plan control. As such, a further exemption is not necessary.
Also as part of the 2005 application, the Town required and received a letter of undertaking and $5,000.00 worth of securities for the subject proposal. It is the Town's practice to obtain securities sufficient to return the site to its original condition once the temporary use has ceased, should the owner not fulfill their responsibilities. Planning Staff are recommending that an updated letter of undertaking and securities be conditions of approval for this application.
3.5 CONDITIONS:
The subject property and the temporary sales pavilion have shown not to negatively impact the adjacent property owners in the past three (3) years. The public process also has not resulted in identifying any negative impacts. As such, Planning Staff recommend approval of the temporary use zoning by-law for the sales pavilion for another period of three (3) years with the following conditions: That the applicant provide an updated letter of undertaking, to the satisfaction of the Planning Department; and,
That the applicant provide updated securities in the amount of $5,000.00, to the Town, to ensure that the property is reconditioned to its original state when the use ceases.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
4.2 FUTURE YEARS: COMMITTEEOF THE WHOLE 4 RE: TEMPORARYUSE ZONING BY-LAW AMENDMENT I BROOKFIELD HOMES (ONTARIO) LTD. 12-08-1 1 DECEMBER9,2008
5. ATTACHMENTS:
5.1 Location map 5.2 Site plan
Respectfully submitted, Reviewed by,
CKNIGHT, MCIP, RPP JAY CURRIER, MBA Director of Planning and Town Manager Development Services LOCATION MAP
Bradford. west Gwillimbury
REPORT OF THE PLANNING & DEVELOPMENT SERVICES DEPARTMENT
DATE: December 9, 2008
TO: Chair Roughley and Members of Committee of the Whole
SUBJECT: Request for Consent Application Fee Refund Conditionally Approved Consent B09/08 BWG Applicant/Owner: Joanne & Charles Frost 4188 Line 2, Part of Lots 1 & 2, Concession 2
SUBMIlTED BY: Tami Kitay, Senior Planner
I. RECOMMENDATIONS:
1.1 That the report by the Planning Division entitled "Request for Consent Application Fee Refund" for conditionally approved consent B09/08 BWG, be received; and
1.2 That the applicant's request for a refund in the amount of $2000.00 be authorized.
2. PREAMBLE:
On August 28,2008, the Committee of Adjustment gave conditional approval to consent application B09/08 BWG to facilitate a lot creation. This approval was subsequent to an earlier approval for the same proposal which had lapsed after a year due to a single condition of approval not having been satisfied. The applicant has requested that the application fee for their proposal be waived.
The purpose of this report is to bring the applicant's request for a refund of the application fee and the Committee of Adjustment's resolution on the matter, before Council for its consideration and approval.
3. BASIC DATA PERTAINING TO THE MATTER:
The application for consent contains a request to sever a 0.69 hectare parcel with 100.46 metres of frontage on Line 2, from a 4.006 hectare property with a single detached residential dwelling. The Committee of Adjustment gave conditional approval to the consent proposal at its meeting on July
2008-Dec-09 cow Committee of the Whole RE: Frost Consent Fee - 809108 BWG December 9,2008 Page 2 of 3
25, 2007, as per consent application B09/07 BWG and the applicant paid the required $2000.00 consent application fee. The decision outlined eleven (11) standard conditions of approval which would have to be cleared within a one (1) year time frame.
As a result of the Planning Department's numerous reminders, the applicants made significant efforts to clear the conditions of approval before the lapse date of July 25, 2008. In fact, all conditions of approval were satisfied except for one: 6. That the Planning Department provides confirmation in writing that the parcels - retained and severed lands, which are the subject of this application, comply with the provisions of the zoning by-law.
Planning Staff were unable to provide this confirmation as the retained lands did not comply with the zoning by-law with regards to lot area. The lot area of the retained lands - 3.313 hectares - is too large to be considered a residential lot, yet too small to be considered an agricultural lot, in By- law 79825, the comprehensive zoning by-law for the former Township of West Gwillimbury.
The July 20, 2007, staff report did advise the applicants and the Committee members of this discrepancy, however, it was not specifically made a condition of approval. The applicants have one year to fulfill conditions, however, a minor variance process, including appeal period, takes at least 30 days.
By the time the applicants were aware of the requirement for a minor variance application by their planning consultant, the lapse date had arrived. As such, one condition of approval was not satisfied by July 25, 2008 and the consent therefore lapsed.
The applicant subsequently reapplied to the Committee of Adjustment for re-approval of their unchanged proposal and was successful on August 27, 2008. Both the minor variance application A15108 BWG and consent application B09/08 BWG were successful without appeal.
As part of that re-approval, the applicant requested to the Committee of Adjustment that the $2000.00 consent application fee be waived on the basis that they had already paid the fee for their earlier application and that it was due to a misunderstanding regarding the satisfaction of conditions of consent approval that their original approval had lapsed. The applicants are not seeking a refund of the minor variance fee as that process would had to have been undertaken regardless.
At the Committee of Adjustment meeting, Planning staff confirmed that the applicant made reasonable efforts to satisfy the conditions of draft approval. The Committee of Adjustment granted the consent and minor variance applications and carried the following resolution:
"That the Committee ofAdjustment recommends to Council that the consent application fee associated with consent application 609/08 BWG be waived as a result of a standard condition in a previous application 609/07 BWG which states: 6. That the Planning Department provides confirmation in writing that the parcels - retained and severed lands, which are the subject of this application, comply with the provisions of the Zoning By-law.
The Committee of Adjustment acknowledges that the condition could not be fulfilled in time prior to the lapsing of the provosional consent; and Committee of the Whole RE: Frost Consent Fee - B09108 BWG December 9,2008 Page 3 of 3
That the Committee of Adjustment recognizes that the applications were diligent in completing all other conditions of application B09/07 BWG including deeding the required road widening to the Town."
As the Committee of Adjustment does not have the authority to waive or reduce fees Council must ultimately decide on the appropriateness of the request and authorize any refunding of monies.
In this instance, the refund can be supported as the applicants had completed all conditions of approval, except for one, during the one year timeframe. Furthermore, one of the conditions of approval included the requirement for a road widening of 3.0 metres along the Line 2 frontage of the severed lands be conveyed to the Town. The deeding and transfer of the road widening lands has already been completed.
The costs associated with the re-hearing application could be absorbed by the $800.00 fee, paid by the applicants, for the minor variance application which accommodated the request to re-hear the severance application. The minor variance process requires similar notification and administration and therefore, staff did not operate at a total loss in this regard.
4. EFFECT ON TOWN FINANCES:
4.1 CURRENT YEAR:
As per the preceding discussion, the decision of Council could result in a $2000.00 refund to the applicant.
4.2 FUTURE YEARS:
None anticipated.
5. ATTACHMENTS:
5.1 Location Map 5.2 Site Sketch
Respectfully submitted, Reviewed by, Approved for Agenda,
Jay Currier, MBA Senior Planner Director of Planning Town Manager LOCATION MAP PROPOSED 114.61 SEVERANCESKETCH PART OF LOTS 1 & 2 CONCESSION 2 enwE%",h ,,E
TOWNSHIP OF WESTw MTHE GWlLLlMBURY
TOWN OF BRADFORD -WEST GWlLLlMBURY COUNTY OF SIMCOE 2006
%"LC - I1SM
TOTAL LANDS 8 4.01 ha. (9 90ac )
RETAINED PORTION 3.31 ha (8 17 ac )
SEVERED PORTION O70ha (1.73ac)
Fl CURRENTOP DESIGNATION W W 'D FdCURRENT ZONING P EXISTING RESIDENTIAL RESIDENTIAL
INN OVA~n~E&LM.fi~N~,Gm~&U,TIONS 203.30 2ndLlNE Ern# m*e?x=pn
DATE DECEMBER 02 2006 Bradford. west Gwillimbury
REPORT OF THE CLERKS DEPARTMENT
REPORT #: ADM-2008-007
DATE: November 18, 2008
TO: Chairman Roughley and Members of Committee of the Whole
SUBJECT: Review of Council Composition and Electoral Ward Boundaries
SUBMITTED BY: Patricia Nash, Municipal Clerk
1. RECOMMENDATIONS:
It is respectfully recommended:
"That Committee of the Whole recommend to Council:
That the report ADM-2008-007 of the Municipal Clerk dated November 18, 2008 entitled "Review of Council Composition and Electoral Ward Boundaries" be received.
That Committee recommends that Watson & Associates be retained by the Town to undertake the Council Composition and Ward Boundary Review to provide recommendations by April 2009.
That Committee recommends to undertake a review of council composition and electoral ward boundaries for the Town of Bradford West Gwillimbury in the manner outlined in the report.
2. PREAMBLE:
The purpose of this Report is to present Committee with the methodological process for consideration respecting the review of council composition and ward boundaries for the 2010 Municipal Election.
3. BASIC DATA PERTAINING TO THE MATTER:
3.1 Rationale for Undertaking Review
With the anticipated population growth expected within the town prior to the 2010 municipal election, it is necessary for Committee to review both the composition and electoral ward boundaries for the Town of Bradford West Gwillimbury prior to June 30,2009. This timeline would allow 6 months for appeal process should there be an appeal filed to the Ontario Municipal Board. In order for changes to take effect in the 2010 election the absolute date for completion is December 31, 2009. This review should be transparent and be lead by an independent party or body such as a consultant or committee. 2008-Dec-09 cow Report ADM-2008-007, Report of the Municipal Clerk Review of Council Composition and Electoral Ward Boundaries November 18,2008 Page 2 of 4
Council completed its last review of ward boundaries in 2002 which introduced changes to some minor ward boundaries to reflect the current ward boundary configurations. These changes were implemented for the 20031 Municipal Election. No ward boundary changes were implemented in 2006.
3.2 Legislative Framework
Municipal Act, 2001
The Municipal Act, 2001, as amended, establishes the statutory processes and framework under which council composition changes can be implemented. As well, The Municipal Act, 2001, as amended, establishes the statutory process and framework under which boundary adjustments can be made to a municipality's ward boundaries.
The Ontario Municipal Board has established criteria for ward boundaries. File records indicate that the Town has not established any criteria that are more restrictive than the Ontario Municipal Board Criteria, or imposed a requirement in addition to the Ontario Municipal Board Criteria.
Ontario Municipal Board Criteria
The Ontario Municipal Board Criteria has established practices which state that:
"Council of a municipality in dividing or re-dividing a municipality into wards for the purpose of election shall have regard to the following:
1. Boundaries of wards shall be established so that the number of electors in each ward shall be, as near as possible, the average number of electors calculated by dividing the total number of electors in the municipality by the number of wards.
2. May be +I- 25% variance. The number of electors in any ward may vary from the average number of electors calculated in Paragraph 1 above, where the municipal council is of the opinion that the variance is necessary or desirable because of the following components:
The presence or absence of a community of interest; Means of communication and accessibility; Topographical features; Population trends; or Special geographical considerations including density, rate of growth or loss of population. Report ADM-2008-007, Report of the Municipal Clerk Review of Council Composition and Electoral Ward Boundaries November 18,2008 Page 3 of 4
3.3 Actions Reauired by the Town of Bradford West Gwillimbunr
Firstly, Committee needs to make a recommendationto hire an independent consultant to undertake this review and approve the methodology recommendedwithin the report. Staff involvement should be limited data and logistics. Committee should make a decision on the composition of Council, prior to conducting their review of ward boundaries.
3.4 Next Steps:
The Committee will need to approve the following seven steps:
1. The Committee needs to review the methodology and implementation Schedule (attached) and make recommendation for adoption. The process would have application to the council composition and electoral boundary wards for future elections.
2. Public involvement needs to be comprehensive and staff recommend including information on the Town's website for residents to obtain information. Council is required to hold a formal statutory public meeting prior to the decision to implement any changes in composition or ward boundaries.
3. The consultant would present a recommendation report outlining options to Committee for composition and new and revised ward boundaries for Council comment and input.
4. Statutory public meeting would be advertised and held prior to a decision being made. The comments received from the Public Meeting would be summarized and presented to Committee for further discussion and extensive debate. Committee would make a recommendation to Council. Council would consider the recommendation from Committee and adopt a decision.
5. The consultant would prepare a final recommendation report and present to Committee. The Final Recommendation Report would be posted to the Town's website and available for public distribution.
6. Council, could hold a second public meeting, if deemed necessary. Committee would make recommendation for adoption and passage of the required by-law. Council would pass the by- law and formal notice would be provided to the public outlining the appeal period and process. Notification to the general public is required for any change to the electoral ward boundary or composition.
7. After the completion of the Appeal Period, staff would implement the changes.
Should an appeal be filed within the prescribed timeframe, a hearing would need to occur prior to December 31, 2009. Should the OMB allows an appeal, the order may:
a) repeal all or part of the by-law, or amending the by-law, or both, or b) direct Council to repeal all or part of the bylaw, to amend the By-law, or c) to do both. Report ADM-2008-007, Report of the Municipal Clerk Review of Council Composition and Electoral Ward Boundaries November 18,2008 Page 4 of 4
4. EFFECT ON TOWN FINANCES:
4.1 Current Year
The following costs are anticipated: 1. Operational costs for consulting services 2. Advertising costs for the notices for public meeting and passage 3. Publication of information packages 4. Printing of reports, maps etc 5. Ward by ward reports 6. Administrative implementation of the ward boundary changes.
4.2 Future Years
There will be operational costs for the next review cycle.
5.0 ATTACHMENTS:
1. Existing 2006 - Electoral Ward Boundaries Map 2. Appendix "A" - Existing Composition and Electorate 3. Appendix "B- Guiding Principles 4. Appendix "C" - implementation Schedule 5. Appendix "D" - Alternatives to be Considered
Submitted by: Approved by: -cJ James B. Currier, MBA Municipal Clerk Town Manager Town of Bradford West Gwillimbury Town of Bradford West Gwillimbury APPENDIX "A" ELECTORATE:
WARD # of Elected Officials Mayor One - At large Deputy Mary or One - At large 1 Two (2) - Ward 2 Two (2) - Ward 3 One (1) - Ward 4 One (1) - Ward 5 One (1) - Ward Total Nine (9)
Based on the significant growth that is anticipated to take place in Wards 1 and 4, changes to the Ward Boundaries are required and recommended.
WARD 2006 AVERAGE PER WARD ELECTORATE 1 4,92 1 2 4,300 3 2,800 4 2,648 5 2,413 17,082 3416.4
WARD 2008 AVERAGE PER ELECTORATE WARD 1 5,753 2 4,68 1 3 3,031 4 2,778 5 2,606 18,850 3770
Average per ward = TOTAL ELECTORATE
NUMBER OF WARDS - APPENDIX "B" GUIDING PRINCIPLES: Representation
Council agrees that voters should be equally represented by having wards with reasonably equal electorate totals to the number of elected officials Council may wish to discuss representation and composition of Council Council has recognized the foreseeable growth taking place in areas of the town, and due to this that some differences in the number of electors per ward are acceptable Council must balance a number of factors to achieve effective representation.
Representation of Communities of Interest
Council deemed it advisable to avoid breaking up traditional neighbourhoods and communities of interest within the Town Council has retained the existing composition structure established in 1990 whereby there will be 5 Wards representing the communities of interest. Wards 1 and 2 each have two (2) elected officials, two (2) elected officials for the combined "rural" area and one (I) elected official for the combined "urban/rural" ward, and Deputy Mayor and Mayor at large. In order to achieve maintaining the communities of interest, much of the growth in wards 1 and 4 which are anticipated and will take place prior to the next election will be redistributed.
Recoanition of Future Growth
Council recognized that the long term growth and development will impact electorate distribution. Foreseeable growth was considered and the following has been factored into the average electorate and electorate per Ward:
Ward 1 Southfield Phase 4, Brookfield Homes, Triple R Ward 2 Chan Ward 3 Emery Ward 4 Allene Heights Subdivision, First Gulf, Sandstorm, Mod-Aire Homes, Professor Day DriveILine 8, Foster's Forest Phase 3, National Homes, Northgate Greens, Geranium Corporation, Bond Head Development Corporation Ward 5 Maluculor
Electorate Distribution
Equal representation within a ward is a Council desired goal when examining the opinions and proposals for redividing the wards. It is common for municipalities to permit variations from the average electorate per ward as the Ontario Municipal Board and other municipalities recognize it is virtually impossible to achieve the same electorate for each ward. APPENDIX "C" RECOMMENDED IMPLEMENTATION SCHEDULE
Description of Activity Ottawa Experience BWG Proposed Timetable Council discussion of review January - February 2007 December 2008 Hire an independent Consultant December 2008 Start Review March - April 2007 December 2008 Background Research May - June 2007 December 2008 - January 2009 Consultant's Options Report October 2007 March 2009 Public input and involvement Throughout Process Throughout process Statutory Public Meeting, give notice April 2009 Consultant's Final Report January 2008 May 2009 Second Public Meeting, if necessary May 2009 Council Decision February - March 2008 June 2009 Pass By-Law, give notice June 2009 Time for Appeal April - September 2008 Pending any Appeals Implementation October - December 2008 June - December 2009, Ready for 2010 APPENDIX "D" ALTERNATIVES TO BE CONSIDERED
During the course of the review, the Council will review, but not be limited to, the following options:
Structure Alternatives: 1. Maintaining existing structure: five(5) wards, Wards 1 and 2 have two (2) officials, Wards 3, 4, and 5 have one (I) official Mayor (I) and Deputy Mayor (I) remain at-large 2. Consider seven (7) wards with one (I) elected official per ward and Mayor (I) and Deputy Mayor (1) remain at-large 3. Consider five (5) wards with one (I) elected official per ward, therefore reducing the number of officials elected from seven (7) to five (5) and Mayor (I) and Deputy Mayor I)remain at-large 4. Consider having ward representation by Community Plan Areas Bradford COMMITTEE OF ADJUSTMENT west Wednesday, October 22, 2008 Cwiltimbury r- 6:30 p.m. Court House, Council Chambers A GI owlng Tradil~on 57 Holland Street East, Bradford, ON
MINUTES
MEMBERS PRESENT: Lillian Edwards Stephen Fick Vince Redgate Raj Sandhu Mario Vittiglio
STAFF PRESENT: Tami Kitay, Secretary-Treasurer Lorraine Wauchope, Recording Secretary
OTHERS: See Attendance Roster
1. CalltoOrder COA 2008-075 Moved by: Stephen Fick Seconded by: Raj Sandhu "That this meeting of the Committee of Adjustment come to order at 6:32p.rnqn CARRIED
2. Declaration of Pecunia w Interest None
3, A~provaIof the Asenda COA 2008-076 Moved by: Lillian Edwards Seconded by: Stephen Fick "That the agenda of the October 22, 2008 meeting be approved as circulated." CARRIED
4. Ado~tionof Minutes COA 2008-077 Moved by: Lillian Edwards Seconded by: Stephen Fick "That the Minutes of the September 24, 2008 meeting be approved as circulated." CARRIED
Committee of Adjustment MINUTES Wednesday, October 22, 2008 1 5. Correspondence COA 2008-078 Moved by: Raj Sandhu Seconded by: Lillian Edwards "That the correspondence as listed on the agenda dated October 22, 2008 be received as circulated." CARRIED
6. BUSINESS
MINOR VARIANCE APPLICATION NO. A21j08 BWG OWNER: John and Shirley Boccia LOCATION : 29 Noble Drive Lot 22, Plan 578 Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from Zoning By-law 2263, as amended to allow for an existing deck to project into the required rear and side yard setbacks.
Sections Zoning By-law 2263, as amended, requirements Requested 4,10 Rear Yard 0 m No building or structure other than an accessory building shall be erected in a Residential Zone with a rear depth less than a distance equal to the height of the building - 3,8 m ---, ---, 4.8 Side Yard 0 m Single Family detached residential dwelling have a minimum side yard setback of 1.2m
The property owners, Mr, & Mrs. Boccia were present and provided a brief description of the application, They informed the Committee that they had built a deck around the pool in order to store the solar blanket. They noted that the backyard slopes off, and for safety reasons, they extended the deck right to the fence in order to place the solar blanket out of the way of the children. They presented two letters from two neighbours, one at 31 Noble Drive and the other at 27 Noble Drive, The Secretary-Treasurer read the letters which advised that the neighbours did not have any objections to the deck as built.
The Secretary-Treasurer also read the correspondence from Barrie Hydro advising that they had no comments or objection at this time,
The Chair called for public participation. There were no comments from members of the public that were in attendance.
The Committee prior to making the decision confirmed that the deck was already in place and that if they granted the application it would apply only to the existing deck structure.
Committee of Adjustment MINUTES Wednesday, October 22, 2008 COA 2008-079 Moved by: Vince Redgate Seconded by: Stephen Fick "That the relief or permissions requested in the application known as file A21J080WG be granted with conditions from Zoning By-law 2263, as amended as outlined in "Schedule A"," CARRIED
MINOR VARIANCE APPLICATION NO. A22108 BWG OWNER: Steven and Sheryl Cheshire LOCATION : 3706 Sideroad 10 Part Lot 10, Concession 10 Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from the General Provisions 6.l.(c) Accessory Use - Height of Zoning By-law 79B25, as amended.
Sections Zoning By-law 79825, as amended, Requirement Requested General Provisions Except as otherwise provided herein, no accessory 7 meters 6.l,(~)Accessory use - building or structure shall exceed 5 metres in height Height
The Secretary-Treasure advised that an e-mail message had been received from the applicant advising he had been called out-of- town for work and was unable to attend the meeting. He noted that he had authorized Mr. Bryan MacPherson to speak to the application and answer any questions that may arise.
The Secretary-Treasurer read the correspondence from Barrie Hydro advising that is application is under the jurisdiction of Hydro One.
In response to the Committee regarding a request for a condition to be added that the loft of the proposed garage be used for storage only, the Secretary-Treasurer noted that the conversion of the loft for purposes other than storage or recreation would be a contravention of the zoning by- law.
Further to the call for public participation from the Chair, there were no comments from members of the public that were in attendance.
Mr. MacPherson was not present during the discussion of the application, but arrived as the decision was made.
COA 2008-080 Moved by: Stephen Fick Seconded by: Vince Redgate "That the relief or permissions requested in the application known as file A22/08BWG be granted with conditions from Zoning By-law 79025, as amended as outlined in Schedule "B"." CARRIED Committee of Adjustment MINUTES Wednesday, October 22, 2008 3 MINOR VARIANCE APPLICATION NO. A23108 BWG OWNER: Simcoe County Housing Corporation AGENT: Salter Pilon Architecture Inc. LOCATION : 100 Miller Park Drive Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from Zoning By-law 2263, as amended to allow for reduced parking, center line setback from Miller Park Avenue, and rear yard setback for an addition to a seniors' residential complex,
Sections Zoning By-law 2263, as amended, requirements Requested 3.18 Parking Requirements One (1) parking space for every 90 sq. metres of floor area 57 spaces Requirement 63 spaces 4.10 Rear yard depth distance equal to the height of the building Existing building height is 12.14m 9.5 rn rear Requirement 12.14m yard 3.42 Setback on Major Streets Miller Park Avenue centre line requirement 24 m 22,8 m
Steve Dearlove and Deanna Sanz from Salter Pilon Architecture Inc. were present and gave an overview the application. They advised that they are proposing a three story expansion at the rear of an existing seniors' complex that will have an additional 25 dwelling units, The proposal cannot meet the requirements of the zoning by-law because of the confines of the property. They noted that they cannot meet the requirements of the zoning by-law regarding parking requirements. They noted that the ratio of parking spaces had increased from its current status. There will be a greater number of parking spaces per dwelling unit than currently and exists and they do not foresee any complaints regarding parking as many of the tenants do not drive or own vehicles. It was also noted that the subject property is within walking distance to Holland Street, shopping, and banks etc.
Regarding the year yard setback, they advised that the existing building meets the zoning requirement. Unfortunately, the addition will not meet the requirements because of the additional 2.64 metres in height which wilt house the elevator shaft and mechanical room, Further to the zoning by-law, as it pertains to the centerline setback, Mr. Deavlove noted that existing building has been in existence for approximately 34 years with the reduced setback of 22.8 m,
The Secretary-Treasurer read the correspondence from Barrie Hydro which stated there were no comments or objections at this time, and The take Simcoe Region Conservation had forwarded a no objection fax memo.
Following Mr. Dearlove's explanation of the application, he demonstrated to the Committee and members of the public, on the presentation boards, where and how the variances would affect the subject lands.
Committee of Adjustment MINUTES Wednesday, October 22, 2008 The Chair called for public participation.
Mr. Showers, 45 Dave Blvd, inquired if the Secretary-Treasurer had received his letter. The Secretary-Treasurer advised that correspondence had been received from Mr. Leslie Showers and read the letter.
In his letter, Mr. Showers noted that he did not have any objection to the reduced parking spaces as long as vehicles did not impede any pedestrian traffic on the sidewalks.
He did express concern over the cost of preparing a temporary road bed which would act as a construction entrance.
The Secretary-Treasurer advised that discussions have been held with the Superintendent of Public Works regarding the use of the Public Works yard as a construction entrance. Concerns had been expressed, that with winter coming, there would not be enough space to house the ploughs and other winter maintenance equipment. She also noted the temporary construction road would be decommissioned once construction was complete.
Mr. Showers reiterated his concerns regarding the added of cost of creating an additional construction entrance since construction equipment could easily use the Public Works Yard without any additional cost incurred to create a temporary road.
After a short debate regarding the pros and cons of the construction entrance, the Secretary- Treasurer advised that she would have a further conversation with Superintendent of Public Works regarding this issue.
Mr. Domenic Gutta, 202 Miller Park Avenue, opined his approval of the project and suggested that all conditions should be waived in order to get the project on track.
COA 2008-081 Moved by: Lillian Edwards Seconded by: Raj Sandhu "That the relief or permissions requested in the application known as file A23/08BWG be granted from Zoning By-law 2263, as amended as outlined in Schedule C"." CARRIED
CONSENT APPLICATION NO. B&0/08 BWG APPLICANTiOWNER: Kevin Guidolin and 20102 Equipment Limited LOCATION: 65 John Street East Part Lot 11 and Part Lotl2, Plan 106 Now the Town of Bradford West Gwillimbury
The applicant wishes to sever a 255 sq,m. (square metre) parcel from an existing 815 sq. m. residential lot and merge it with the severed lands from 61 John Street in order to create a new residential building lot.
And Committee of Adjustment MINUTES Wednesday, October 22, 2008 CONSENT APPLICATION NO. B11/08 BWG APPLICANT/OWNER: Kevin Guidolin and 20102 Equipment Limited LOCATION : 61 John Street East Part Lot 11, Plan 106 Now the Town of Bradford West Gwillimbury
The applicant wishes to sever a 205 sq.m. (square metre) parcel from an existing 666 sq. m, residential lot and merge it with the severed lands from 65 John Street in order to create a new residential building lot.
The Committee, with the applicants' approval, agreed to hear the two consent applications prior to hearing the minor variance applications.
Kevin Guidolin and Michael Cross were present and provided a brief description of the all the applications.
The applicants told the Committee that they wanted to sever a portion of the back yards from two lots, 61 and 65 John Street East, in order to create one new building lot. In preparing the application it became apparent that the existing lots did not comply with zoning by-law requirements and therefore they made application for minor variances. They noted that the new lot would comply with zoning by-law requirement. It was their desire to build a bungalow on the proposed lot in order to accommodate an aging population, therefore, they would require relief from the lot coverage on the new proposed lot. The applicants provided the Committee with pictures of a house similar to what they would like to construct on the proposed lot.
The Secretary-Treasurer read the correspondence from Barrie Hydro that stated they have no comment or objection at this time, however they would like applicant/owner to be aware that their policy only permits one service per property and service would have to be obtained for the proposed new lot. The applicants would have to contact Barrie Hydro for details.
The Secretary-Treasurer read the correspondence received at the meeting from James and Sandra Skerrat, 67 Nelson Street. The correspondence outlined their concerns regarding the creation of an under sized building lot, future development of the existing lots with a reduced lot size, lack of parking area for 61 John Street, and the lot coverage of the multi- residential house located at 65 John Street, The letter also expressed concern over the loss of green space and mature trees.
The Chair called for comments from the Committee, In response to a query from the Committee regarding parking for the existing corner house, it was confirmed that only 1 parking space is required and there is 1 parking space is available.
The Committee advised that there would be no objection to the application as along as there was no encroachment onto Doctor's Lane. The Secretary-Treasurer advised that the Town had released the lands for purchase, and as indicated on the suwey, the lands seems to have been deeded to 61 and 65 John Street East but was requesting confirmation in the form of a title search of the property.
The applicants verified to the Committee that the increase in lot coverage for the proposed new lot was for the construction of a bungalow, but the lot would otherwise comply with Committee of Adjustment MINUTES Wednesday, October 22, 2008 6 the zoning by-law if a two storey dwelling was erected,
The Chair called for public participation.
Mr. Skerrat, 67 Nelson Street expressed his views regarding the existing parking area for the existing corner lot noting that it was not a real parking space just a paved entrance to the dwelling and that a parked car parked would protrude onto the roadway. There was a great deal of discussion regarding this item. It was noted that the current parking area has been in existence for several years. The Chair enquired if the new proposed lot would affect the historical parking arrangement for the existing corner lot. It was confirmed that there would be no changes to the existing parking arrangement.
Mr. Domenic Gutta who owns property on John Street requested clarification as to how many lots were being created. It was confirmed that only one new lot was being proposed.
Ms. Melissa Suter, Manager of 71 John Street East inquired as to the number of backyards that would be backing onto her property. She was also concerned about where the construction vehicles, where would they enter the proposed property and how close would the construction be to the fence as it related to the safety of the children playing in the back yard of the multi- family dwelling next door.
The applicants confirmed that there would be no additional yards backing onto her property, construction would not encroach into the fence area, and all construction vehicles would be entering from Nelson Street.
Mr. Skerrat again raised the issue of setbacks regarding the existing corner house and lack of parking and that parked vehicles would project into the roadway.
The Committee stated that several of the conditions were pre-existing since 1940 and the minor variance requests are a housekeeping matter in order to recognize existing setbacks. The only new issue being dealt with by the Committee at this meeting is the matter of lot coverage for the proposed lot.
COA 2008-082 Moved by: Stephen Fick Seconded by: Vince Redgate "That the provisional consent requested in the applications known as Files B10/08 BWG and B11/08 BWG be granted for the reasons and conditions outline in Schedule 'D"." CARRIED
MINOR VARIANCE APPLICATION NO. A24/08 BWG OWNER: Kevin Guidolin LOCATION: 61 John Street Part Lot 11, Plan 106 Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from Zoning By-law 2263 to reduce the minimum exterior side yard and lot frontage requirement for an existing residential building.
Committee of Adjustment MINUTES Wednesday, Odober 22, 2008 Section Zoning By-law 2263 , as amended, requirement Requested 5.1.2 Minimum Lot Area 510.0 sq. m. 461.0 sq,m.
Minimum Lot Frontage 15M 13,7m (existing) 4.9 Corner Lots: no part of any building or accessory 2.5m building in the Residential Zone shall be erected (existing) closer to the lot line of the flanking street than 5 m
And
MINOR VARIANCE APPLICATION NO. A25108 BWG OWNER: 20/20 Equipment Inc. LOCATION: 65 John Street Part Lot 11 and Part Lot 12, Plan 106 Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from Zoning By-faw 2263 to reduce the minimum side and front yard requirement for an existing residential building.
Section Zoning By-law 2263 , as amended, requirement Requested 4,7 Front Yard Depth: 6 metres or one-half of the height 5,3 m of the building, whichever is greater (existing)
4.8 Minimum Side Yard 3.0 metres for duplex 0,3 m - (existing) 5.2.2 Minimum Lot Frontage for duplex 18 m 16,6 m (existing) 5.2.2 Minimum Lot Area for duplex 610 sq. m. 560 sq, m.
i
And
MINOR VARIANCE APPLICATION NO. A26108 BWG OWNER: 20120 Equipment Inc, and Kevin Guidolin LOCATION: Nelson Street Parcels 1 and 2 from Consents 810 and B11/08BWG Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from Zoning By-taw 2263 to reduce the minimum tot area and maximum lot coverage for a new residential building lot.
Committee of Adjustment MINUTES Wednesday, October 22, 2008 8 Section Zoning By-law 2263 , as amended, requirement Requested 5.1.2 Minimum Lot Area 510.0 sq. m, 460 sq. m.
Maximum Lot Coverage 30.0% 40 O/O
Application A24/08BWG 61 John Street deals housekeeping issues that have been existence since 1940, the house was built too close to the nelson Street.
Application A254/08BWG 65 John Street also deals with existing set backs. The Secretary Treasurer noted that the applicants had advised that 65 John Street was a duplex in their application, although the surveyor, when providing details on the application and preparing the drawings, noted it was single family dwelling. This information was reflected in the public notice. The Committee was advised that the Director of Planning and Development Services had noted that the variances whether for a single or duplex were pre-existing,
Application A26108 BWG for the proposed new lot is requesting an increase in lot coverage to 40%.
The Secretary-Treasurer read the correspondence from Barrie Hydro and Mr, & Mrs. Skerrat.
There were no comments from the Committee.
There were no comments from the members of the public that were present.
COA 2008-083 Moved by: Vince Redgate Seconded by: Stephen Fick "That the relief or permission requested in the application known as File A24108 BWG be granted from Zoning By-law 2263 for the reasons outlined in Schedule 'E"." CARRIED
COA 2008-084 Moved by: Lillian Edwards Seconded by: Raj Sandhu "That the relief or permission requested in the application known as File A25/08 BWG be granted from Zoning By-law 2263 for the reasons outlined in Schedule 'F"." CARRIED
COA 2008-085 Moved by: Lillian Edwards Seconded by: Raj Sandhu "That the relief or permission requested in the application known as File A26/08 BWG be granted with conditions from Zoning By-law 2263 for the reasons outlined in Schedule "G"." CARRIED
Committee of Adjustment MINUTES Wednesday, October 22, 2008 MINOR VARIANCE APPLICATION NO, A27/08 BWG OWNER: Ian and Shannon Gardiner LOCATION : 71 DePeuter Crescent Lot 75, Plan 51M-547 Now the Town of Bradford West Gwillimbury
The owner of the property is applying for relief from Zoning By-law 2263 to reduce the minimum side yard requirement and the minimum distance from the principle building for an accessory building.
Section Zoning By-law 2263, as amended, requirement Requested 3.10 Accessory Buildings 3.10.2 Accessory uses, buildings and structures shall not be 0.9 m built closer to the front lot line or side yard line that the minimum distance required by this by-law for the main building on the lot, The minimum side yard set back for a single detached residence is 1.2m 3.10.7 Minimum distance from main building - Requirement 1.8m 0.9m
Mr. Ian Gardiner, owner, presented a brief overview of the application. He informed the Committee that he had erected a change room for the pool and was not aware of the zoning by- law requirements as they pertain to set backs. A complaint was filed and the By-law Enforcement Officer informed him that the change room needed to be relocated. After moving the change room 4 feet from the fence, By-law Enforcement advised that the change room was in compliance. A second complaint was filed that the change room was too close to the house. Mr, Gardiner stated that he could not move the change room further away from house otherwise it would be in the middle of his pool. Mr. Gardiner advised that he had approached the Planning Department and was advised that he would need a minor variance in order to comply with the requirements of the zoning by-law.
The Secretary-Treasurer read the correspondence from Barrie Hydro that had no objections or comments at this time. She also read an e-mail message from the applicant requesting that the minor variance fee be waived.
Further to questions from the Committee, Mr. Gardiner clarified that he did not require a building permit for his change room. The Committee noted, that even thought he had moved the change room, it still was not in compliance with zoning by-law. Mr. Gardiner explained that since the change room had been moved the lid to his hot tub would not open, therefore he is requesting reduced side yard setbacks and minimum distance from the house.
The Chair catled to public participation.
Mr. Nemeth, 73 DePeuter Crescent advised that he and his wife had filed the complaints regarding the change room because it was too close to the lot line, too high and too close to the house. Mr. Nemeth noted that the change room is taking away their view of the park from their window. They presented pictures as evidence to the Committee.
Committee of Adjustment MINUTES Wednesday, October 22, 2008 10 Mr. Gardiner also provided pictures that had been taken from his pool deck. Mr. Gardiner's property is at a higher elevation than his neighbours', Mr, Nemethfs property, which makes the change room appear to be that much higher that the actual height.
Regarding the comments that the change room is too high, the Committee advised that the application was dealing with set backs only, as the height of the change room is in compliance and the Committee is not dealing with that issue.
Mrs. Nemeth told the Committee that all she wanted was a view of the park from her window and she cannot see the park right now as the change room is too high.
Mr. Bryan McPherson, 75 DePeuter Cres. asked for clarification, The Committee confirmed that an accessory building under 100 sq, m. does not require a building permit and the maximum height is 3 m. Mr. McPherson noted there are many accessory buildings in the area that do not comply with the by-law. He made the observation, that unless someone complains to By-law Enforcement, then these situations remain in non-compliance and do not come up for review by the Committee.
Michelle Holden, 91 DePeuter Cres, raised the question about the integrity of by-law inspections and how many mistakes have been made when by By-law Enforcement Officers who are responding to by-law complaints.
The Secretary-Treasurer responded and advised that zoning by-law is not open to discretion and is regulated under the Planning Act. The Secretary-Treasurer also noted that the Committee of Adjustment is an arm-reach committee of Council and does not the authority over zoning by-law enforcement inspections. Unfortunately, a mistake was made and the By-law office is aware of the mistake.
COA 2008-086 Moved by: Lillian Edwards Seconded by: Raj Sandhu "That the relief or permission requested in the application known as File A26/08 BWG be granted Zoning By-law 2263 for the reasons outlined in Schedule "H"." CARRIED
Regarding the request for waiving the minor variance fee, the Secretary-Treasurer advised that only council can approve the waiver of the fees.
COA 2008-088 Moved by: Vince Redgate Seconded by: Stephen Fick "That the Committee of Adjustment recommends to Council that the application fee associates with Minor Variance application A27108 BWG ,be waived as a result of misinformation being provided to the applicants; and
That the Committee of Adjustment recognizes that the applicants were diligent and incurred costs while trying to remedy the situation." CARRIED
Committee of Adjustment MINUTES Wednesday, October 22, 2008 Members Concurring in the Vote Members Not Concurrinq in the Vote Vince Redgate Lillian Edwards Stephen Fick Raj Sandhu Mario Vittiglio
7. OTHER BUSINESS
There was no other business.
8. Next Meetinq Date and Adiournment COA 2008-086 Moved by: Lillian Edwards Seconded by: Raj Sandhu "That this meeting of the Committee of Adjustment be adjourned at 8:30 p.m. to meet at the call of the Chair or November 26, 2008." CARRIED
=-5;. -:-.- .,:.-..------...------.*. ,/'";2 ...... -- ,.c- /$. /.+/ 7#A,-, '.--'*. .,.+ ,. . .-- -- c,. - : - -- < ... .- .--- ,, Tami Kitay Mario Vittiglio- Secretary-Treasure' Chair
------Committee of Adjustment MINUTES Wednesday, October 22, 2008 12 TRAILS COMMITTEE
Bradford MINUTES west Gwillimbur y Monday, December 1,2008 7:00 p.m. A Growing Tradition Don ~arrisonRoom Bradford & District Memorial Community Centre 125 Simcoe Road, Bradford, ON
MEMBERS PRESENT: Craig McLaughlin Councillor Mark Contois Lorri Jackson Anita Snow
REGRETS: Gerry Guay
STAFF PRESENT: Mike OJHare Nick Warman Julie Randall Tara Reynolds
OTHERS: Brian Kemp, Lake Simcoe Region Conservation Authority Eha Naylor, ENVision - The Hough Group Frank Esson
1. Call to Order I Action by: 1.I TC-2008-036 Moved by: Anita Snow Seconded by: Mark Contois "That this meeting of the Trails Committee come to order at 7:OOp.m." CARRIED.
2. Declaration of Pecuniary Interest
There were no declarations of pecuniary interest at this time or throughout the meeting.
3. Approval of Agenda 1 Changes
3.1 TC-2008-037 Moved by: Anita Snow Seconded by: Mark Contois "That the Committee approve the agenda dated Monday, December 1,2008, as printed and circulated." CARRIED.
Trails Committee December 1, 2008 Minutes Page 1of 2 TRAILS COMMITTEE
4.1 Trails System Master Plan Study - Consultant Interview
Eha Naylor of Envision - The Hough Group was in attendance to present the company's proposal for a Trails System Master Plan Study.
TC-2008-038 Moved by: Mark Contois Seconded by: Lorri Jackson "That the presentation by Eha Naylor, Principle of Envision -The Hough Group regarding the Trails System Master Plan Study proposal be received for information." CARRIED.
TC-2008-039 Moved by: Craig McLaughlin Seconded by: Lorri Jackson "That the Committee recommend to Council that the proposal of Envision -The Hough Group dated November 4, 2008 to conduct a Trails System Master Plan Study in the amount of $24,550.00 + $1227.50 GST be approved." CARRIED.
5. Adiournment
5.1 TC-2008-040 Moved by: Mark Contois Seconded by: Lorri Jackson "That this meeting of the Trails Committee adjourn at 7:53p.m." CARRIED.
Dated Chair
Trails Committee December 1, 2008 Minutes Page 2 of 2 LEISURE SERVICES COMMITTEE
Bradford MINUTES west Gwillimbury Thursday, November 20,2008 7:00 p.m. A Growing Tradition St. Mary's Hall 31 Frederick Street, Bradford, ON
MEMBERS PRESENT: Councillor James Leduc Peter Bianchi Sue Fleischman Bill Jackson Libby Knights John Mayer Gerry Slykhuis Byron Vatcher
REGRETS: Councillor Jeanny Salmon Leon Gibson
STAFF PRESENT: Mike O'Hare Nick Warman Teresa Fairbarn Tara Reynolds
I. Call to Order Action by:
1.I LS-2008-022 Moved by: John Mayer Seconded by: Bill Jackson "That this meeting of the Leisure Services Committee come to order at 7: 11 p.m." CARRIED.
LS-2008-023 Moved by: John Mayer Seconded by: Bill Jackson "That the Committee suspend the rules of procedure under Section 28 of the Procedural By-law 2007-143, as amended, Section 4 (Presiding Officer) to authorize and appoint Councillor James Leduc as the Chair for this meeting. CARRIED.
2. Declaration of Pecuniary Interest
There were no declarations of Conflict of Interest at this time or throughout the meeting.
Leisure Services Committee Thursday, November 20,2008 Minutes Page 1of 4 Approval of Agenda I Channes
LS-2008-024 Moved by: John Mayer Seconded by: Bill Jackson "That the Committee approve the agenda dated Thursday, November 20, 2008, as printed and circulated." CARRIED.
Approval of Committee Minutes
LS-2008-025 Moved by: John Mayer Seconded by: Bill Jackson "That the Minutes of the Leisure Services Committee meeting held on May 22, 2008 and October 16, 2008 be approved, as printed and circulated." CARRIED.
Comments bv the Chair
Chair Leduc informed the Committee that he was asked to step in as Chair on behalf of Jeanny Salmon, as she is unable to attend the meeting.
Presentations/Deputations None.
Survev Data - Feedback
Nick Warman, Manger of Recreation stated that he received some positive feedback from the Committee regarding the survey data that he compiled from surrounding municipalities. The information in this inventory can be used as a benchmarking tool in comparing our facilities and programs to other municipalities.
Mr. Warman also handed out the concept design floor plan for the Bradford West Gwillimbury Leisure Centre. Mr. Warman provided the Committee with an update on the progress of the building design and the various sport and recreation components that will be included.
LS-2008-026 Moved by: Libby Knights Seconded by: Sue Fleischman "That the Committee receive the verbal report of Nick Warman, Manager of Recreation regarding survey data feedback for information." CARRIED.
Leisure Services Committee Thursday, November 20, 2008 Minutes Page 2 of 4 LEISURE SERVICES COMMITTEE
7.2 Skatepark Update
Mike OIHare, Manager of Parks, Facilities and Cemeteries provided an update on the status of the proposed Skatepark. Mr. O'Hare indicated that the youth group YNOT met with the Mayor and Councillors regarding their fundraising efforts. YNOT indicated that their fundraising will commence again in the new year and their goal is to organize four fundraising events before the end of the school year. The Town offered YNOT the use of Town Facilities for events and meeting space to assist in their efforts, recognizing that the youth group is not supported by either of the high schools.
Mike O'Hare further informed that Councillor Ron Simpson met with the donor who agreed to match the youth group's funding for the Skatepark. The donor is still committed to matching the funds, but would like to see the fundraising efforts increased.
The Town recognizes that the Skatepark is well needed in the community. Mr. O'Hare informed that Council approved funding for LANDinc and Spectrum Skatepark Creations to conduct preliminary design work and there is a 7500 square foot space allocated to the Skatepark in the Civic Centre Master Plan.
LS-2008-027 Moved by: Sue Fleischman Seconded by: Libby Knights "That the Committee receive the verbal report of Mike OIHare, Manager of Facilities, Parks and Cemeteries regarding the skatepark update for information."
7.3 Quorum Issues
Chair Leduc mentioned that several Committees, including Leisure Services are currently having issues obtaining quorum. Chair Leduc stressed the importance of members attending meetings and to let Tara Reynolds, Committee Coordinator know in advance if you are not able to attend a meeting.
7.4 Frequencv of Meetings
Chair Leduc informed that the meetings will continue to be on a monthly basis at this time. If more frequent meetings are necessary, they will be at the call of the Chair.
8. Old Business None.
9. New Business
Mike O'Hare informed the Committee that Council has applied for funding to support the construction of the twin pad arena and competition swimming pool components of the Leisure Centre. The funding is sought through the Building Canada Fund, a Federal and Provincial partnership to assist communities with a population of less than 100,000 with economic growth.
Leisure Services Committee Thursday, November 20,2008 Minutes Page 3 of 4 LEISURE SERVICES COMMITTEE
Libby Knights informed the Committee that her organization, the Bradford Figure Skating Club was invited to participate in an interview pertaining to the Fundraising Feasibility Study. Nick Warman advised that the study is an opportunity to identify various groups and individuals in the community to interview and gauge if there is potential for fundraising.
10. Next Meeting Date
10. There was discussion of having a holiday celebration dinner for the next meeting of the Committee. The details surrounding the dinner are yet to be determined.
LS-2008-028 Moved by: Peter Bianchi Seconded by: Gerry Slykhuis "That the next meeting of the Leisure Services Committee is scheduled for Thursday, December 18,2008 at 7:00 p.m." CARRIED.
II. Adiournment
11.1 LS-2008-029 Moved by: Peter Bianchi seconded by: Gerry Slykhuis "That this meeting of the Leisure Services Committee adjourn at 8:27 p.m." CARRIED.
Dated James Leduc, Chair
Leisure Services Committee Thursday, November 20,2008 Minutes Page 4 of 4 MINUTES
BRADFORD WEST GWILLIMBURY / INNISFIL POLICE SERVICES BOARD
REGULAR MEETING
October 20,2008
The regular meeting of the Bradford West Gwillimbury / Innisfil Police Services Board was held on Monday, October 20, 2008, commencing at 7:00 p.m. in the Town of Innisfil Town Hall, Council Chambers.
In Attendance: Ms Patti Vanderdonk, Chair Ms Lynda Newman, Vice-Chair Ms Lori Boudreau, Municipal Appointee Mayor Brian Jackson Mayor Doug White Chief Bruce J. Davis Deputy Chief Allan Cheesman Deborah Carmichael, H.R. Manager Andrea Drover, Executive Assistant-Finance Judi Meyntz, Executive Assistant to the Board
Regrets: none
1. Call to Order
08-068 Moved - Vice-Chair Lynda Newman Seconded - Member Lori Boudreau
The Regular Meeting called to order at 7:06 p.m.
Carried
2. Approval of Agenda
08.069 Moved- Member Lori Boudreau Seconded - Vice-Chair Lynda Newman
The Agenda approved as amended.
Carried 3. Award Presentations
Local Business Partners were acknowledged during the Chief's Commendation Awards. The following businesses were acknowledged by Chief Davis.
Bradford Greenhouses Canadian Tire Charlie's Place M & M Meats Nancy's Nifty Nook
Award of Excellence was then presented to Staff Sergeant John Van Dyke. The Dalhousie University - Sgt. MacPhail Award for Academic Excellence was bestowed on Staff Sergeant Van Dyke by Chief Davis.
Chair Vanderdonk then presented an Honourable Mention to Chief Bruce Davis for recently being awarded The Order of Merit of the Police Forces in Ottawa, Ontario. This award recognizes exceptional service or performance of duty over an extended period, at the local, regional and provincial levels and was presented by the Governor General, Michaelle Jean.
The following Exemplary Service Awards were presented by Chief Davis and Chair Vanderdonk for years of service.
20 Years of Exemplary Service James Buchanan Todd Ferrier Graeme Harbottle Elizabeth Hunt Brett Jacques Mike Kayser Brad Reynolds Deborah Smith Judy Walker Richard Williamson
30 Years of Exemplary Service Robert Eeles Charles Hicks Tom McDonald Andrew Van Dyke
35 Years of Exemplary Service Bruce J. Davis
A short reception followed the awards ceremony. 4. Approval of Minutes
08.070 Moved - Vice-Chair Lynda Newman Seconded - Member Lori Boudreau
The Minutes of the Bradford West Gwillimbury/Innisfil Police Services Board regular meeting on September 15, 2008 be approved as amended. Carried
5. Public Inquiries None.
6. Police Service Bureau Reports
(a) Chief Chief Davis provided the Board Members with the Board Reports from the various departments. Members were asked to contact Chief Davis if they had any questions on the presented reports.
08.071 Moved - Member Lori Boudreau Seconded - Vice-Chair Lynda Newman
To receive all Police Service Bureau Reports as presented.
Carried
7. Board Committee Reports (a) Financial Oversight Committee - Update The first meeting of the Financial Oversight Committee will take place on Tuesday October 28,2008 starting at 5:00 p.m. Member Boudreau was asked whether the all members of the Committee had been invited and had responded favourably and she indicated that such was the case.
(b) HR & Staff Training Review Steering Committee The Consultants have now completed Phase 1 of their investigation and presented their report to the Board. Moving into Phase 2 the Consultants outlined their plans for this next Phase to the Board.
8. Old Business (a) Strategic Plan - Issues Consideration (L. Newman) a. Regularizing our Processes (Chair Vanderdonk & Chief Davis) Deferred until November. (b) Reminders - OAPSB Conference - October 23 and 24 The Agenda has been reviewed and there will be no Board representation at the upcoming OAPSB Conference. (c) Alarm Management Plan Deferred until December.
8. New Business (a) Presentation of Draft 2009 Budget Chief Davis presented to the Board Members a Draft 2009 Budget representing an increase of 6.56%. Chief Davis pointed out a few new initiatives for the 2009 Budget which include: the need for a full-time a maintenance person to service all police facilities. additional Staff Sergeant. 2 additional fourth class Constables in the fourth quarter.
Both Mayor Jackson and Mayor White were asked to provide the population numbers of their coverage area for the next scheduled Budget Meetings.
The Board requested that with respect to the two additional new hires included in the current draft of the budget, that Chief Davis reflects their hire for the full year rather than presenting them only in the fourth quarter. This will allow the Board to more accurately see the impact.
(b) Approval of Schedule for Upcoming Budget Meetings Chair Vanderdonk has scheduled a special meeting of the Board to review in line-by- line detail the current Budget with the requested changes. The Meeting has been scheduled for Monday November 3'd at 7:00 p.m. and will be located in the Frank Jonkman Community Room in South Division Station. Chair Vanderdonk also indicated that the date for the upcoming information session for councils will be held on November 13th and all Board members agreed to the date.
(c) Approval of Standard Borrowing By-law The lending institution for the Police Services has requested the Board's approval of a Standard Borrowing By-law to allow the Police Service to access additional funding when necessary in the ordinary daily business activities. The Board approved this motion.
08.072 Moved - Member Lori Boudreau Seconded - Mayor Doug White
By-law 2008-01 read a first and taken as read a second and third time and finally passed the 2othday of October, 2008.
Carried
(d) Crimestoppers Gala - November 22,2008 The Police Services Board has approved the purchase of a table at the upcoming Crimestoppers Gala and four members will be attending the event. (e) Business Plan Chair Vanderdonk reported that as a condition of the amalgamation agreement, the Police Services Board is required to have a current up-to-date Business Plan which is ready for presentation to the Ministry of Community Safety and Correctional Services. The current Business Plan for the South Simcoe Police Services requires updating to align the document with the Board's current Strategic Plan. A draft copy will be sent to all Board Members and Chair Vanderdonk requests all comments to be sent directly to her before the November 3 Special Meeting of the Board.
(f) Consistency in Receipt of Board Packages Mayor White has requested that the Police Service ensure that all Board Packages are sent to Members at a regularly scheduled time in order to ensure that all Board Members have sufficient time to review the documents prior to the Board Meetings.
Chair Vanderdonk will work with staff at the Police Services to ensure that this is carried out.
(g) Canadian Automotive Association (CAA) - Traffic Safety Officer of the Year Award The CAA has requested nominations by Police Service Board's for staff worthy of nomination for the Traffic Safety Officer of the Year Award. Staff will consider and provide any nominations to Chair Vanderdonk.
10. Next Meeting
Special Budget Meeting - Monday, November 3,2008 at 7:00 pm Next Regular Meeting - Monday, November 17,2008 at 7:00 pm
11. Adiournment 08.073 Moved - Mayor Doug White Seconded - Mayor Brian Jackson
The meeting adjourned at 9:42 p.m. until the next regular meeting of the Board or at the call of the Chairperson.
Carried
"Path' Vanderdonk" "JudiMeyntz" (Conformed Copy) (Conformed Copy)
Chairperson Secretary
Date and signed November 17,2008 Board Members Present: Staff Present: V. Hackson, Chair D. Gayle Wood, C.A.O./Secretary-Treasurer Councillor B. Drew, Vice-Chair M. Walters, Director, Watershed Management Councillor S. Agnew K. Kennedy, Land Securement Officer Mr. E. Bull J. Lee, Manager, Finance Councillor K. Ferdinands G. Casey, Coordinator, Board/CAO, Projects & Services Regional Councillor J. Grant Mayor R. Grossi Guests: Councillor J. O'Donnell Mr. D. Dabis, D & G Dabis Farm Councillor J. Rupke Ms. C. Kaiser-Reid, Point of Mara Resort & Trailer Park Deputy Mayor G. Wauchope Mr. K. Szijarto, Concerned Ratepayers of Ramara Councillor G. Campbell
Regrets: Regional Councillor H. Herrema Councillor B. Huson Councillor E. MacEachern Councillor J. McCallum Councillor A. Nuttall Mayor J. Young Regional Councillor J. Taylor Mavor R. Stevens
I DECLARATIONS OF PECUNIARY INTEREST None indicated for the record of this meeting.
II APPROVAL OF AGENDA Councillor J. O'Donnell requested that Item 5, Staff Report No. 53-08-BOD regarding the McNabb Drain be deferred to the ~ovember28th, 2008, meeting of the Board in order to provide Mr. Dabis the opportunity to address the Board.
Moved by: J. OIDonnell Seconded by: G. Campbell
BOD-08-111 RESOLVED THAT the content of the Agenda for the November 14th, 2008 meeting of the Board of Directors be approved as amended to defer Staff Report No. 53-08-BOD regarding the McNabb Drain to the November 28th, 2008, meeting and also to include the Tabled Items and Other Business Agenda.
CARRIED Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-10-08 November 14'h, 2008 - Minutes ---- ."- Ill ADOPTION OF MINUTES
(a) Board of Directors
Moved by: B. Drew Seconded by: S. Agnew
BOD-08-112 RESOLVED THAT the minutes of Board of Directors Meeting No. BOD-09-08, held on September 26, 2008, be adopted and approved as printed and circulated. CARRIED
(b) Administrative Committee Chair Hackson reviewed the highlights of the Administrative Committee Meeting, in particular that the Authority's Annual General Meeting will be moved to the month of January effective 2009.
Moved by: J. Grant Seconded by: R. Grossi
BOD-08-1 13 RESOLVED THAT the minutes of the Administrative Committee meeting No. AC-05-08 held on October 17,2008, be approved as printed. CARRIED
IV ANNOUNCEMENTS
(a) 2008 Conservation Awards Chair Hackson congratulated staff on another successful 2008 Conservation Awards event. This was held on October 30, 2008 at Madsen's Greenhouse in Newmarket with approximately 150 guests in attendance.
(b) Watershed Excellence Showcase- October 31,2008 Chair Hackson announced that this was a very interesting day which was attended by various individuals, MP's, MPP's, Board Members, municipal representatives, Foundation Board members and staff. Those that attended shared very favourable comments on the content and the showcasing of the staff expertise within the Conservation Authority. The Showcase included a variety of video clips on projects currently being undertaken by the Authority and their partners, and Chair Hackson indicated that these videos may be useful for events within the watershed municipalities.
The CAO advised that she is currently working with staff to identify how best to take this Watershed Excellence Showcase out to the community and will be brining recommendations in this regard to the Board for their approval in the future. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-09-08 September 26th,2008 - Minutes Page 3 of 8 (c) Pro~osedLake Simcoe Protection Act - Bill 99 The CAO advised that the Authority has been invited to present to the Standing Committee on General Government in relation to Bill 99. Chair Hackson and the CAO will be making this presentation on Monday, November 17, 2008, at 4:45 p.m. A copy of the presentation will be provided to all Board Members in advance.
V HEARINGS There were no Hearings scheduled for this meeting.
VI DELEGA TlONS There were no Delegations scheduled for this meeting.
VI I PRESENTA TlONS There were no Presentations scheduled for this meeting.
Vl II DETERMINA TlON OF ITEMS REQUIRING SEPARATE DISCUSSION Item 4, 7 and 8 were identified for separate discussion.
IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by: J. O'Donnell Seconded by: E. Bull
BOD-08-1 14 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 ~horelines~andWatercourses Requlation 179106 BOD-08-115 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 179106 be received for information.
2. Correspondence BOD-08-116 RESOLVED THAT the correspondence listed in the September 26th, 2008 agenda as item 2 (a) through (e), and (g) and (h) of the Tabled Items and Other Business Agenda be received for information
BOD-08-117 RESOLVED THAT the correspondence dated September 2gth, 2008, from The Hon. Donna Cansfield, Minister of Natural Resources regarding the government's climate change agenda be received; and Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-09-08 September 26", 2008 - Minutes Page 4 of 8 FURTHER THAT a letter be forwarded to Minister Cansfield advising of the Authority's interest in the continuing partnership between the Ministry of Natural Resources and the Authority.
3. Monthlv Communications Update BOD-08-1 18 RESOLVED THAT the Monthly Communications Update, for the period September 1 to 30, 2008 be received for information.
6. Proposed Lake Simcoe Protect Act (Bill 99) BOD-08-119 RESOLVED THAT Staff Report No. 54-08-BOD regarding the proposed Lake Simcoe Protection Act (Bill 99) be received;and FURTHERTHAT the Lake Simcoe Region Conservation Authority endorse Conservation Ontario's resolution with regard to the proposed legislation.
9. Chair's Activitv Report BOD-08-120 RESOLVED THAT Chair's Report No. 02-08-Chair which outlines the activities of the Authority's Chair for the period April 1 to September 30, 2008, be received for information.
10. Fundina Su~port- Oak Ridaes Moraine Foundation BOD-08-121 RESOLVED THAT WHEREAS the Oak Ridges Moraine Foundation (ORMF) was created by the Province of Ontario in 2002 and at that time the Province provided the ORMF with $15 million to its activities; and WHEREAS ORMF has provided the Lake Simcoe Region Conservation Authority(LSRCA) with funding for watershed stewardship, restoration and education projects; and WHEREAS this funding has been a key factor in the success of these projects; and WHEREAS the ORMF has committed most of the initial Provincial funding to stakeholder projects and will not be able to continue to support projects on the Moriane without additional funding; THEREFORE BE IT RESOLVED THAT LSRCA request the Province of Ontario renew its financial investment in the Oak Ridges Moraine by providing additional funding of $30 million to the ORMF; and FURTHER THAT the Regions of Durham and York and the Conservation Authorities Moraine Coalition be encouraged to support this request to the Province of Ontario for additional funding for ORMF. CARRIED Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-09-08 September 26th,2008 - Minutes Page 5 of 8 X CONSIDERA TION OF ITEMS REQUIRING SEPARATE DISCUSSION
4. Budqet Status Report Chair Hackson requested an update on Staff Report No. 52-08-BOD and the Authority's current budget status.
The Manager, Finance responded that staff are currently 314 of the way through the year end and are projecting a modest surplus at the end of September 2008. It is expected the Authority will have a small year end surplus.
The Director, Watershed Management added that the Permitting Division is experiencing some pressures with the absence of a Manager, Planning and have had to enlist the services of outside consultants to assist with the review of plans. It is expected the position will be staff shortly which will help alleviate these pressures.
Moved by: G. Wauchope Seconded by: B. Drew
BOD-08-122 RESOLVED THAT Staff Report No. 52-08-BOD regarding the Authority Budget Status for the nine month period ending September 30, 2008, be received. CARRIED
7. Lake Simcoe Clean Up Fund - Update Councillor O'Donnell requested an update on the projects submitted for funding approval, in particular the project related to the Municipal Septic System Re- inspections Program.
The Director, Watershed Management advised that the Technical Committee met to review the project submissions and have provided recommendations to PROPEL who will be meeting on November 19 to review the projects and provide recommendations to the Minister of the Environment.
It is expected that project approvals will be announced in early January 2009.
Moved by: J. O'Donnell Seconded by: B. Drew
BOD-08-123 RESOLVED THAT Staff Report No. 55-08-BOD which provides an update on the Federal program Lake Simcoe Clean Up Fund be received for information. CARRIED Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-09-08 September 26', 2008 - Minutes Page 6 of 8 8. Eastern Creek Stabilization Proiect -Award of Tender Councillor Rupke requested clarification of information contained in Staff Report No. 56-08-BOD and the tenders which were submitted for this project.
The CAO advised that the Tender for this project was issued in compliance with the Authority's Policy. Two bids were submitted, staff do not know why the third proponent did not respond.
While there is a difference in the bottom line total between the two submissions received, staff are very pleased with the contractor awarded this project. They were on the project site the next day and their work is very specific to what was required for the Eastern Creek Stabilization Project.
Moved by: G. Wauchope Seconded by: J. Rupke
BOD-08-124 RESOLVED THAT Staff Report No. 56-08-BOD detailing the records of tenders for the completion of the streambank stabilization project at the Southlake Regional Health Centre (Eastern Creek) (CL 2008-001) be received for information; and CARRIED
XI OTHER BUSINESS
(a) Municipal Aareements - Authoritv Planners
The CAO advised that a Letter of Understanding was undertaken with the Townships of Uxbridge and Oro-Medonte to have an Authority Planner work from their Town Offices on a bi-weekly basis. The Board approved this initiative at their meeting in June 2008 and staff were to report back to the Board on this program.
The CAO reported that the Authority has now been approached by the Township of Ramara to provide a Planner to work out of their Town Office and wish to implement this service by the end of 2008.
While staff have not yet reported to the Board on this initiative, the Director, Watershed Management, advised that it is working very well and that the Townships of Uxbridge and Oro-Medonte, both the staff and the community, are very pleased with having an Authority Planner on site.
Staff requested approval from the Board to proceed with implementing this service in the Township of Ramara by the end of 2008, and advised that a full report will be provided to the Board at their December 2008 meeting. Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-09-08 September 26", 2008 - Minutes Page 7 of 8 Councillor Agnew advised that having an Authority Planner in the Township of Oro-Medonte is working very well and supports implementing this in the Township of Ramara.
Councillor O'Donnell expressed his support for this initiative and hopes to have it implemented in Ramara by the end of 2008.
Mayor Grossi indicated that this service would be welcome in the Town of Georgina as well and inquired if consideration is being given to expanding this project.
The Director, Watershed Management, responded that staff will be exploring the opportunity to expand this throughout the watershed with the exception of those municipalities located close to the Authority Offices (ie. Newmarket, Aurora).
Moved by: J. OIDonnell Seconded by: S. Agnew
BOD-08-125 RESOLVED THAT staff proceed with the Letter of Understanding between the Authority and the Township of Ramara to provide the services of an Authority Planner to work on site; and FURTHER THAT a report providing the status of this initiative be provided to the Board for their December 2008 meeting. CARRIED
(b) Media Notice Regional Councillor John Grant referenced a "Letter to the Editor" regarding a perceived "die off" of zebra mussels and round goby. This letter appeared in either the Brock Citizen or the Ontario Out of Doors publication.
XI1 CLOSED SESSION
Moved by: S. Agnew Seconded by: J. Rupke
BOD-08-126 RESOLVED THAT the Authority's Board of Directors move to Closed Session to discuss confidential land matters. CARRIED
Moved by: J. Grant Seconded by: G. Wauchope
BOD-08-127 RESOLVED THAT the Authority's Board of Directors rise from Closed Session and report their progress. CARRIED Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-09-08 September 26", 2008 - Minutes Page 8 of 8 (a) Land Disposition The Land Securement Officer presented Confidential Staff Report No. 56-08- BOD.
Moved by: J. Rupke Seconded by: K. Ferdinands
BOD-08-128 RESOLVED THAT Confidential Staff Report No. 56-08-BOD regarding land disposition matters be received; and FURTHER THAT the recommendations contained within this report be approved.
Xlll ADJOURNMENT Meeting adjourned at 11:30 a.m. on a motion by R. Grossi
original signed by: original signed by:
Councillor Virginia Hackson D. Gayle Wood, CMM Ill Chair Chief Administrative Officer Press Release
County of Simcoe, Office of the Warden and CAO SI I I I0 Highway 26, Midhurst, Ontario LOL 1x0 for the (;$cater Cw sirncoe.ca
FOR IMMEDIATE RELEASE County of Simcoe New Official Plan Adopted
Midhurstl November 26,2008 - Simcoe County Council yesterday adopted a new Official Plan that will guide growth for the region's 16 municipalities into the 2030's.
"This is a very exciting achievement for the County of Simcoe," stated Warden Tony Guergis. "We have accomplished something that many people believed might not have happened and in the end, the process is an excellent example of many community partnerships at work for the greater good of our County and all its residents.
The County of Simcoe was asked by the Province to take a leadership role and to find a 'Made in Simcoe County' solution for the challenges that growth presents. I'm proud to say that we have met that challenge in a professional and timely way."
Following months of consultation with municipal partners, provincial ministry staff and members of the public, an updated version of the County of Simcoe Official Plan was developed. Public open houses were held at various locations in the summer and then again in the fall at the Administration Centre in Midhurst to present the new Official Plan to the public. More than 200 written submissions were received and the County was commended for ensuring the process had invited significant public input and was open and transparent.
The goals of the Official Plan are to:
Protect, conserve and enhance the County's natural and cultural heritage Achieve wise management and use of the County's resources Implement growth management to achieve lifestyle quality and efficient and cost effective municipal servicing, development and land use Achieve co-ordinated land use planning among the County's local municipalities and with neighbouring counties, districts, regions, separated cities and First Nations lands Further community economic development which promotes economic sustainability in Simcoe County communities, providing employment and business opportunities Promote, protect and enhance public health and safety
"It has been a significant undertaking," stated Director of Planning and Development Bryan MacKell. "But we have woven together the input from 16 local municipalities, Simcoe County residents, special interest groups and the development industry into a solid, workable plan."
The plan approved by Council will now be forwarded to the Province of Ontario for review. Provincial legislation requires all municipalities to complete official plans before June 2009. Simcoe County's 16 member municipalities must now ensure their individual plans conform to the County of Simcoe Official Plan.
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 Bryan MacKell, Director of Planning and Development 705-726-9300 ext. 1230 705-726-9300 ext. 1004 [email protected] [email protected] MUNICIPAL STATUS REPORT
THIRD QUARTERLY REPORT 2008
Town of Bradford West Gwillimbury
Published: September 30th, 2008
www.mpac.ca Copyright O 2008 Municipal Property Assessment Corporation, All Rights Reserved.
PROPERTY ASSESSMENT EXCELLENCE... OUTSTANDING SERVICE... TRUST MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report \- CORPORATION
Introduction Table of Contents: The Municipa/&tus Reportis designed to assist municipal clients in their planning and decision-making process. The data contained in this report is effective Municipal Relations Team ...... 1 September 30th, 2008, unless otherwise stated. Communication Update...... 2 Pursuant to Section 53 of the AssessmentActthe information contained in this document is provided to meet your planning requirements and shall not be used for Executive Summary...... 4 any other purpose. Request for Reconsideration Report... 5 This information may not be provided to anyone at any charge, including free of charge. History of Request for Reconsideration Adjustments ...... 7 If you have any questions, feedback or suggestions about the information in this report, please contact one of the following MPAC representatives: Provincial Requests for Reconsideration Received Monthly...... 8
Municipal Relations Team Municipal Requests for Reconsideration Received Monthly ...... 9 Municipal Relations, Account Manager: Assessment Review Board Valerie Jones Complaint Report...... 10 169 Pine St P.O. Box 150 History of Assessment Review Bracebr~dgeON PIL 1T5 Board [ARB] Adjustments ...... 13 1 877 487-5448 extension 21 1 [email protected] Supplementary and Omitted Assessment Report...... 14 Municipal Relations Representative: History of Supplementary and Omitted Assessments ...... Carolyn Volpel 65 Cedar Pointe Or Building Permit Report;...... Suite 800 ... Barrie ON L4N 5R7 1 877 331-7766 extension 236 Municipal Profile ......
Municipal Relations Assistant:
Marsha MacPhee 65 Cedar Pointe Dr Suite 800 Barrie ON L4N 5R7 1 877 331-7766 extension 245 [email protected]
* * *All data provided in the Municipal Status Report is extracted from MPAC data sources with the exception of the Assessment Complaint Data, his data is pmvided to MPAC from the Assessment Review Board. MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report CORPORATIDN
Communication Update
2008 Assessment Update -This fall, MPAC will mail a 2008 Property Assessment Notice to every property owner in Ontario, updating assessments from a January I,2005 to a January 1, 2008 valuation date.
In support of the assessment update, and as part of the Corporation's new Customer-Centred Corporate Strategy, MPAC has implemented a number of customer service based enhancements to help customers Immediately get answers to their questions by explaining the 2008 assessed values and the changes to the assessment system. These include:
the redesign of the 2008 Notice which contains more information and is easier to read; a number of videos and an interactive Property Assessment Notice available online at www.mpac.ca; an online searchable map making property searches easier through AboutMyPropertym; extended hours at MPAC's Customer Contact Centre - 8 a.m. to 6 p.m. from September 15 to November 28,2008; and extended hours for local MPAC offices included on every Notice mailed.
The mailing schedule for Property Assessment Notices can be viewed online at www.mpac.ca located under Munici~alities.
If you have any questions about the assessment update and the Notices being mailed ~nyour area, please contact your Mun~clpalRelatlons Representat~ve
New MPAC Website Features - MPAC's website [www.mpac.ca] offers many new features dedicated to delivering property assessment excellence and providing outstanding customer service to its stakeholders, and property taxpayers. A virtual tour of the website hosted by MPAC's President and Chief Administrative Officer, Carl Isenburg, an updated Resolving Assessment Concerns video, and an interactive Property Assessment Notice are now available.
AboutMyPmpertyTMEnhancements - AboutMyPropertym now boasts a new, more customer friendly look, and an easier three-step self-service process for MPAC's residential property taxpayer customers. AboutMyPropertym is valuable service offered by MPAC that provides property taxpayers with instant access to detailed information about their own property as well as up to 24 additional residential properties of their choice. An online AboutMyPropertyTM video tutorial is also available on the website.
AboutMyPmpertym - In an effort to meet the service needs of property taxpayers, MPAC, in collaboration with its municipal partners, has launched a pilot dedicated to providing online access to AboutMyPropertyTMat the local municipal offices. This service offering will primarily benefit those property taxpayers that do not have a computer with Internet access.
If you would like additional information or are interested in participating in this pilot, please contact your local Municipal Relations Representative.
continued ... Municipal Status Report \. - CORPORATION
Stekeholder Outreach - MPAC's Municipal Relations Representatives have been busy making presentations to municipal councils and staff about the changes to the property assessment system, including the legislative and assessment changes. Please contact your local Municipal Relations Representative if you would like to schedule a presentation.
Changes to Business Education Tax- As part of the 2007 Provincial Budget, all new commercial and industrial construction initiated after March 22, 2007, will be immediately subject to a maximum Business Education Tax (BET] rate of 1.60 per cent.
On September 1 1, 2008, the Minister of Finance filed a regulation that supports the taxation of this new construction at the lower rate by prescribing 'New Construction' property classes for:
commercial; shopping centre; office building; industrial; and large industrial properties.
BET reductions will be accelerated in Northern Ontario so that the target rate of 1.60 per cent will be reached by 2010.
With the filing of the regulation, MPAC will begin identifying eligible property on upcoming supplementary assessment listings.
For further information on the BET, visit Service Ontario e-Laws online at www.e-laws.gov.on.ca. MUNICIPAL PROPERTY Municipal Status Report
Executive Summary 2008 Taxation Year
Valuation Date January 1 st, 2005
Number of Properties in Municipality:
2007 Roll CVA 2008 Tax Year :
Summary of Assessment Change
Current Value Assessment Percentage Change [CVA] Change to Roll Request for Reconsideration[RfRl/ Assessment Review Board(ARB] -$413,500 -0.02%
Supplementary/ Omitted Assessment $42,715,147 1.65%
Assessment Change $42,301,647 1.63%
Assessment Changes
2008 Percentage Percentage Estimated at Estimated Adjustment CVA at Adjustment Roll CVA Risk Risk Adjustment
Request for Reconsideration $1 2,618,300 3.10% -$391,500 -0.02% Assessment Review Board Complaint $26,32 1,000 0.08% -$22,000 0.00%
RfR/ARB Assessment $38,939,300 1.06% Change $41 3,500 -0.02%
Supplernentary/Omitted 2008 Tax Year Current Value Assessment Assessment [Supp.Omit] Supplementary/Omitted Assessment Percentage Roll CVA
Total 42,715,147 1.65% Municipal Status Report \. - CORPORATION
Request for Reconsideration Report
2008 Requests for Reconsiderations (RfR]
Total Number of Properties in Municipality 8,544 Total RFR's filed for 2008 35 RFR's completed 30
2008 CVA Status Number of Estimated Current Estimated FtfR Adjustment RfRs Value Assessment Adjustment Percentage
M~nutesof Settlement 15 $4,597,000 -$391,500 -8.52% [MoS] s~gned
MoS relected by owner 0 $0 $0 0 00%
MoS malled to owner-not 1 $285,000 $1 9,000 6 67% yet returned
No change 14 $4,3'16,300
Pendlng 5 $3,420,000 +
Minutes of Settlement Minutes of Settlement have been signed by the property owner and (MoSJsigned: returned to MPAC.
MoS rejected by owner: The property owner has rejected MPAC's recommendation Minutes of Settlement have not been signed.
MoS mailed to owner Minutes of Settlement have been malled to the owner, however, not yet returned: they have not been signed and returned to MPAC. The adjustment will not take effect until the Minutes are signed.
No Change: The property assessment has been reviewed and no value changes are rewired.
Pending: MPAC has received and is processing the Request for Reconsideration for review.
Estimated Current The total amount of current value assessment under review due to Value Assessment: Requests for Reconsiderat~on.
Estimated FtfR The total amount of current value assessment adjusted due to Requests Adjustment: for Reconsideration.
2008 CVA Adjustment Percentage of Current Value Assessment under review [ie. Estimated Percentage: RfR Adjustment divided by Estimated Current Value Assessment). MUNICIPAL PROPERTY ASSESSMENT Municipal Status Wep0F.t
The total current value assessment returned on the 2006 Assessment Roll for the 2007 Tax Year, was $2,494,355,700. The total percentage of Current Value Assessment at Risk in 2007, as compared to the roll was 1.I 9%. The total percent adjustment to date, due to Request for Reconsideration settlements is -0.05% of the roll.
The total current value assessment returned on the 2007 Assessment Roll for the 2008 Tax Year was $2,588,522,900. The total percentage of Current Value Assessment at Risk in 2008, as compared to the roll to date is 0.49%. The total percentage adjustment to date, due to Request for Reconsideration settlements is 0.02% of the roll.
Roll CVA at Risk and Adjustment by Taxation Year
a.2 2007 2008 Year
% of Roll CVA at R~sk % of RfR Adjustments MUNICIPAL PROPERTY ASSESSMENT Municipal %atus Repoe 1. - CORPORATION
History of Request for ReconsiderationAdjustments By Tax Year
- -
* represents Assessment Update
Percentage Adjustments -0.354
2005 2006 Year MUNICIPAL PROPERTY Municipal Status Report
CORPORATION
Provincial Requests for Reconsideration Received Monthly
Nov Oec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
This graph illustrates the peak periods for Requests for Reconsideration [RfRJ.
Orange indicates the RfRs received for the 2008 taxation year and when they were received by MPAC.
Blue indicates the RfRs received for the 2007 taxation year and when they were received by MPAC. MUNICIPAL PROPERTY ASSESSMENT Municipal Status ReporZ; CORPORATION
Municipal Requests for Reconsideration Received Monthly
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
This graph illustrates the peak periods for Requests for Reconsideration (RfR].
Orange indicates the RfRs received for the 2008 taxation year and when they were received by MPAC.
Blue indicates the RfRs received for the 2007 taxation year and when they were received by MPAC.
Counts for chart above:
TaxYear Nov Dee Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Totals 2007 1 7 1 4 3 2 0 2 6 3 1 7 4 3 44 2008 7 4 2 2 7 1 0 3 2 6 1 0 0 0 35 MUNICIPAL PROPERTY Municipal Status Report; \" CORPORATION
-
Assessment Review Board Appeal Report
Assessment Review Board [ARB] Appeals for the 2008 tax year
Number of properties in municipality 8,544 2007 Roll CVA 2008 Tax Year $2,588,522,900 Number of appeals filed: 19
Current Value
Percent Adjustment ,, Percent Adjustment I I 'CVAat R:sk a% Roll CVA 1 MUNICIPAL PROPERTY ASSESSMENT Municipal Satus Repom '. - CORPORATION
Assessment Review Board Appeal Report
Assessment Review Board [ARB] Appeals for the 2007 tax year
Number of properties in municipality 8,306 2006 Roll CVA 2007 TBXYear $2,494,355,700 Number of appeals filed: 51
Percent Adjustment ,, Percent Adjustment 1 NAat Risk Roll CVA 1 MUNlCiPAL PROPERTY ASSESSMENT Municipal Status Repam '-.- - CORPORATION
Assessment Review Board Appeal Report
Assessment Review Board [ARB] Appeals for the 2006 tax year
Number of properties in municipality 8,277
2005 Roll CVA 2006 Tax Year $2,457,408,300
Number of appeals filed: 5 1
Current Value
1 Percent Adjustment ,, Percent Adjustment i 'CVA at RIS~ %" ROII CVA 1 MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report \. - CORPORATION
History of Assessment Review Board [ARB] Adjustments By Tax Year
2,457,408,300
justments ta Roll
Valuation Date June 30,2003 June 30,2003 January 1,2005 January 1,2005
* represents Assessment Updates
I Roll Return 2 ARB Adjustment MUNlCtPAL PROPERTY ASSESSMENT Municipal Status Report \ - CORPORATION
Supplementary and Omitted Assessment Report
Excract 4 $0 $0 $0 $0 $0
Total $6,338,247 $35,785,911 $29,956,647 $1 2,758,500 $84,839,305
Supplementary and Omitted Totals Percentage of Assessn-ient Roii
2006 Omitted Total 2007 0m1ttedTotal 2008 Omitted Total 2008Supplementary Total Year
Class changes "exempt to taxable" and "ceases to be farm" are also included in these totals MUNICIPAL PROPERTY ASSESSMENT Municipal Status Repofi
History of Supplementary and Omitted Assessments By Tax Year
Roll Return $2,083,185,200 $2,457,408,300 $2,494,355,700
I 1 I Supplementary and Omitted I Assessmentfsl 1 $60.198.395 1 $49.239.500 1 $89.624.964 1 Percentage of Assessment Roll 2.89% 2.00% 3.59% I
Supplementary and Omitted Totals Percentage of Assessment Roll 4
2006 Year
The Supplementary Assessment Totals reflect changes processed within the applicable tax year. The Omitted Assessment Totals could reflect both current and the previous two tax years, where applicable. The totals include class changes "exempt to taxable" and "ceases to be farmed" MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report 1" CORPORATION
Building Permit Report
Permit Status by Property Type
Property Type Permits Permits Received Permits Pending Permit Completed Average Age
Residential/Farm/Multi-Res 56 9 5 470 10 [months]
Other 6 2 1 92 16 [months]
Total - 3rd Quarter 62 116 562 II [months]
Total -Year to Date 193 331
Property Type: Pending Permits Major Permits Minor Permits Total
ResidentiaI/Farm/MuIti-Res 343 127 470
Other 65 27 92
Total Major 6. Minor 408 154 562
Property Type: Permits With Permits Wthout Permits Permits Wthout Pending Permits Comments Comments Wth Value Value
ResidentiaI/Farm/MuIti-Res 99% 1% 91 % 9%
Other 99% 1% 92% 8%
Property Type Other represents all property types other than Residential, Farm or Multi- Residential Properties
Permits Completed Building permits that have been inspected/assessed
Permits Received Building permits received and entered into our database
Permits Pending Building permit has been received and inspected but are not yet completed or assessable or permits received pending an inspection/assessment
Permit Average Age Building Permits Average Age [in months] on MPAC database
Major Permit Building Permits with a permit value of more than $1 0,000
Minor Permit Building Permits with a permit value of $1 0,000 or less
Permit Comment Building Permits with Comments [additional information]
Permit Value Building Permit Value assigned by municipality MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report \ - CORPORATION
Municipal Profile
The next few pages include information that MPAC has on file for Town of Bradford West Gwilimbury If you wish to update the information on file, please contact Carolyn Volpel at 7 877 33 7-7766extension 236,
Address: 61 Holland St E PO Box 160 Bradford, ON L3Z 2A8
Main Phone Number: [go51 775-5303 Main Fax Number: [905] 775-4472 Web address: www.townofbwg.com
Population: Households:
Tax Billing Dates
Interim: February Final: June
Elected Officials MP: Patrick Brown, MPP: Joe Tascona, Mayor or Reeve: Doug White
Contacts
Department Chief Administratwe Officer/Town Manager Address: 3541 Line 1 1 PO Box 160 Bradford, ON L3Z 2A8 Title: Name: Jay Currier Fax: (905) 775-0153 Phone: [905] 775-5366 Email: [email protected]
Department: Finance Address: 61 Holland St E PO Box 160 Bradford, ON L3Z 2A8 Tile: Treasurer/Director of Finance Name: Susan Turnbull Fax: (9051 775-4472 Phone: [905) 775-5303 Email: [email protected] MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report CORPORATION
Department: Finance Address: 61 Holland St E PO Box 160 Bradford, ON L3Z 2A8 Tile: Revenue and Taxation Coordinator Name: Bernie Colameco Fax: [905] 775-4472 Phone: [905] 775-5303 Email: [email protected]
Department: Clerks Address: 3541 Line 1 1 PO Box 160 Bradford, ON L3Z 2A8 Tile: Clerk/Director Admin Services Name: Patricia Nash Fax: [905] 775-0153 Phone: [905] 775-5366 Email:
Department: Clerks Address: 3541 Line 1 1 PO Box 160 Bradford, ON L3Z 2A8 Tile: Deputy Clerk Name: Fax: Phone: Email:
Department: Building Address: 3541 Line 1 1 PO Box 160 Bradford, ON L3Z 2A8 Tile: Chief Building Official Name: Jack Tosta Fax: (9051 775-0153 Phone: [905] 775-5366 Email: [email protected]
Department: Building Address: 3541 Line 1 1 PO Box 160 Bradford, ON L3Z 2A8 Title: Building Secretary Name: Cornelia Henning Fax: [905] 775-0153 Phone: [905] 775-5366 Email: chenningetownofbwg.com
Department: Planning Address: 3541 Line 1 1 PO Box 160 Bradford, ON L3Z 2A8 Tile: Director of Planning Name: Geoff McKnight Fm [905] 775-0153 Phone: [905] 775-5366 Email: Municipal Status Report \- CORPORATION
Municipal Products/Services
Municipal Connect TM: YES
Municipal Change Profile: YES
Ontario Parcel Accepted: YES
Ontario Parcel Licensed YES
GIs Viewer: YES
CD-OASYS: NO
Waiver/Authorization of Section 33,34,40: [MOS] Appeals 2006: NOT WAIVED
Waiver/Authorization of Section 40.1 (Palpable Errors] 2006: NOT WAIVED
Municipal Software/Supplier Data
Building Permits: 0
Year End Tax File: USTl CANADA INC
Supp. Omit Tax File: USTl CANADA INC
Voter Not~ficationTape: DATAFIX MUNICIPAL PROPERTY ASSESSMENT Municipal Status Report CORPORATION
Municipal Data Sharing
Electronic Paper Copy Not Currently Other Sending Copies of Approved Draft Plans X
Block Plans/Concept N/A Plans/Secondary Plans Subdivision Phasing Plans/Maps X
Topsoil Removal Permits X
Zoning X Reports/Documentation/Maps Municipal Subdivision Status Map N/A and Status Charts Municipal Engineering Department N/A lnspection Reports Municipal Official Plans X
Zoning Updates X
Municipal Building Permits X
Occupancy Permits
Final Building Inspection Report X Ontario Energy Commission de I'energie Board de !'Ontario
Ontario
NOTICE OF APPLICATION AND HEARING
LEAVE TO AMALGAMATE PowerStream Inc. and Barrie Hydro Distribution Inc.
The Application
Power Stream Inc. ("PowerStreamJ1)and Barrie Hydro Distribution Inc. ("Barrie Hydro"), both licensed electricity distributors, have filed an application with the Ontario Energy Board, received on October 16, 2008, under section 86(1)(c) of the Ontario Energy Board Act, 1998, S.O. 1998, c. 15 (Schedule B) (the "ActJ'), seeking leave to amalgamate PowerStream and Barrie Hydro. PowerStream and Barrie Hydro are collectively referred to as "Applicants" in this Notice of Application and Hearing. The Board has assigned the application file number EB- 2008-0335.
If the Board grants leave to the Applicants to amalgamate and the proposed transaction closes: (a) Barrie Hydro has requested, under section 77(5) of the Act, that its electricity distribution licence be canceled; and (b) PowerStream has requested, under section 74 of the Act, that its distribution licence be amended to include in its service area the area currently served by Barrie Hydro. The closing date for the proposed transaction is December 31, 2008. + Ontario Energy Board -2-
Currently, Markham Enterprises Corporation holds 43% of the shares of PowerStream, and Vaughan Holdings Inc. owns 57% of the shares of PowerStream. Markham Enterprises Corporation and Vaughan Holdings Inc. are wholly owned by the Town of Markham and the City of Vaughn respectively. Barrie Hydro Holdings Inc. which is wholly owned by the City of Barrie holds 100% of the shares of Barrie Hydro. Power Stream, Barrie Hydro and their respective shareholders are parties to the proposed transaction.
Upon completion of the proposed transaction, the shares of the amalgamated corporation will be held by the parties as follows: (a) the City of Barrie through Barrie Hydro Holdings Inc. will hold 20.5O/0 of the shares; (b) the City of Vaughan through Vaughan Holdings Inc. will hold 45.3% of the shares; and (c) the Town of Markham through Markham Enterprises Corporation will hold 34.2% of the shares.
The new amalgamated corporation will use "PowerStream Inc." as a corporate name. However, for one year following the closing date of the transaction, the amalgamated corporation will co-brand itself "Powerstream Inc. Barrie Hydro Distribution" with respect to customers in the service area currently served by Barrie Hydro.
The Applicants have stated that the proposed amalgamation protects the interests of consumers with respect to prices and the adequacy, reliability and quality of electricity service. The Applicants have also stated that the projected cost savings by amalgamating the two distributors will be in the range $5,000,000 to $5,500,000 per year. The Applicants stated that the one-time transaction costs are expected to be approximately $5,000,000 and capital expense savings are expected to average approximately $850,000 each year over 10 years. Ontario Energy Board -3-
Currently, the rates charged for the delivery of electricity to customers in the PowerStream and Barrie Hydro service areas are not equal. The application states that the amalgamated utility will maintain the existing rates for customers in each of the service areas for 3 to 5 years after the date of closing of the proposed transaction and will harmonize rates within 3 to 5 years from the date of closing of the proposed transaction. The Applicants further state that the amalgamated utility will defer its rate rebasing up to five years from the date of closing the proposed transaction.
How to see the Application
Copies of the application are available for inspection at the Board's office in Toronto, and at PowerStream and Barrie Hydro's offices.
How to Participate You may participate in this proceeding in one of three ways:
1. Send a Letter with your Comments to the Board Your letter with comments will be provided to the Board members deciding the application, and will be part of the public record for the application. Your letter must be received by the Board no later than 30 days from the publication or service date of this notice. The Board accepts letters of comment by either post or e-mail at the addresses below.
2. Become an Observer Observers do not actively participate in the proceeding but monitor the progress of the proceeding by receiving documents issued by the Board. You may request observer status in order to receive documents issued by the Board in this proceeding. If you become an observer, you need to contact the Applicants and others in order to receive documents that they file in this proceeding and they may charge you for this. Most documents filed in this application will also be available on the Board's website. Your request for observer status must be made in writing and be received by the Board no later than 10 days from the publication or service date of this notice. The Ontario Energy Board - 4 -
Board accepts observer request letters by either post or e-mail at the addresses below; however, two paper copies are also required. You must also provide a copy of your letter to the Applicants.
Become an Intervenor You may ask to become an intervenor if you wish to actively participate in the proceeding. Intervenors are eligible to receive evidence and other material submitted by participants in the hearing. Likewise, intervenors will be expected to send copies of any material they file to all parties to the hearing.
Your request for intervenor status must be made by letter of intervention and be received by the Board no later than 10 days from the publication or service date of this notice. Your letter of intervention must include a description of how you are, or may be, affected by the outcome of this proceeding; and if you represent a group, a description of the group and its membership. The Board may order costs in this proceeding. You must indicate in your letter of intervention whether you expect to seek costs from the Applicants and the grounds for your eligibility for costs. You must provide a copy of your letter of intervention to the applicants.
The Board may proceed in this matter by way of a written hearing or an oral hearing. The Board will not hold a written hearing if a party satisfies the Board that there is good reason for holding an oral hearing. Your letter of intervention should indicate your preference for a written or oral hearing, and the reasons for that preference.
If you already have a user ID, please submit your intervention request through the Board's web portal at www.errr.oeb.gov.on.ca. Additionally, two paper copies are required. If you do not have a user ID, please visit the Board's website under e-filings and fill out a user ID password request. For instructions on how to submit and naming conventions please refer to the RESS Document Guidelines found at www.oeb.qov.on.ca, e-Filing Services. Ontario Energy Board -5-
The Board also accepts interventions by e-mail, at the address below, and again, two additional paper copies are required. Those who do not have internet access are required to submit their intervention request on a CD or diskette in PDF format, along with two paper copies.
How to Contact Us
In responding to this Notice, please include Board file number EB-2008-0335 in the subject line of your e-mail or at the top of your letter. It is also important that you provide your name, postal address and telephone number and, if available, an e-mail address and fax number. All communications should be directed to the attention of the Board Secretary at the address below, and be received no later than 4:45 p.m. on the required date.
Need More Information?-
Further information on how to participate may be obtained by visiting the Board's website at www.oeb.~ov.on.caor by calling our Consumer Relations Centre at 1- 877-632-2727. Ontario Energy Board
IMPORTANT
IF YOU DO NOT NOTIFY THE BOARD OF YOUR INTENTION TO PARTICIPATE IN THIS PROCEEDING IN ACCORDANCE WITH THIS NOTICE, THE BOARD MAY PROCEED WITHOUT YOUR PARTICIPATION AND YOU WILL NOT BE ENTITLED TO FURTHER NOTICE IN THE PROCEEDING.
ADDRESSES
The Board: The Applicants:
Post: Powerstream Inc. Ontario Energy Board 161 Cityview Boulevard P.O. Box 2319 Vaughan, ON L4H OA9 2300 Yonge Street, 27th Floor Toronto, ON M4P 1E4 Paula Conboy Director of Regulatory and Government Affairs Attention: Board Secretary E-mail: paula.conboy@powerstream.ca Filings : www.errr.oeb.qov.on.ca Phone: 905-532-4526 E-mail: Boardsec@oeb.~ov.on.ca Fax: 905-532-4557
Tel: 1-888-632-6273 (toll free) Fax: 41 6-440-7656 Barrie Hydro Distribution Inc. 55 Patterson Road PO Box 7000 Barrie, ON L4M 4V8
Stephen Perry Manager of Rates and Regulatory Affairs and CDM
E-mail: [email protected] Phone: 705-722-7222 Fax: 705-722-6159 Ontario Energy Board
DATED at Toronto, October 29, 2008.
ONTARIO ENERGY BOARD
Original signed by
Kirsten Walli Board Secretary Barrie Hydro Distribution Inc. - News Page 1 of 3
/ Tel: 705-722-7222
Home / News News
CURRENT
Municipalities Approve Barrie Hydro-Powerstream Merger ARCHIVED NEWSLETTERS Released: Oct-03-08 ARCHIVED NEWS MUNICIPALITIES APPROVE BARRIE HYDRO-POWERSTREAM MERGER -
Barrie, Markham and Vaughan to sign agreement merging their electric utilities
The Councils of the Town of Markham, the City of Barrie and the City of Vaughan have all endorsed an agreement which will merge Powerstream, an electricity distribution company jointly owned by the City of Vaughan and the Town of Markham, with Barrie Hydro, a utility owned exclusively by the City of Barrie. The decision to move forward on this utility merger has been in the works for several months.
A business case analysis conducted by KPMG on the proposed merger concluded that efficiencies realized through combining assets and achieving economies of scale would net a new merged entity annual savings in excess of $5 million. The analysis also indicated that a merger will facilitate increases in dividends paid to shareholder municipalities while helping to reduce the upward pressure on customer distribution rates.
The merger agreement, which still requires regulatory approval from the Ontario Energy Board, has the City of Vaughan and the Town of Markham respectively owning 45.3 and 34.2 percent of the merged utility with the City of Barrie having a 20.5 percent share.
The agreement also sets out a governance structure in which certain decisions will require the unanimous consent of all three shareholders. Peter Meffe, Vaughan Councillor and Chair of PowerStream's Board of Directors, is certain it will assist the municipalities in forging a productive and mutually beneficial partnership.
"The three municipalities have a common vision for evolving their respective local utilities through this merger into a dynamic and growth-oriented electricity distribution company unlike any other in Ontario," Meffe explained. "As a larger utility, the company will be better able to serve its customers and meet the challenges of an ever-changing industry."
Jon Babulic, Chief Administrative Officer at the City of Barrie, agreed with Meffe's assessment, adding that Barrie is looking forward to working collaboratively with their municipal partners from York Region.
"The City of Barrie has always encouraged Barrie Hydro to be proactive in seeking out and securing growth opportunities for the utility," Babulic said referencing Barrie Hydro's acquisition of four smaller electric utilities in 2000. "Merging our utility with PowerStream takes this growth strategy to the next logical step."
Frank Scarpitti, Markham Mayor and Vice Chair of PowerStream's Board of Directors, commended Council members of the three municipalities for recognizing the benefits each municipality will see from the merger.
"Merging Barrie Hydro and PowerStream is the right deal at the right time for all three of our municipalities," Scarpitti said. "Iam confident that the shareholder benefits outlined in the business case will be achieved and in some areas even exceeded."
Vaughan Mayor Linda Jackson is also positive about the expected benefits from the merger of Barrie Hydro and PowerStream.
"Vaughan and Markham realized tremendous benefits following the 2004 merger of the three utilities which created PowerStream," Jackson said. "It stands to reason that the three partnering municipalities in this venture will eventually experience similar benefits." Barrie Hydro Distribution Inc. - News Page 2 of 3
Sandra Yeung Racco, Chair of Vaughan Holdings Inc. (one of Powerstream's two holding companies along with Markham Enterprise Corporation), and a City of Vaughan Councillor said, "This merger is significant and may well be the largest the electricity industry has seen in recent years."
A thirteen-member board of directors will provide the required governance for the new entity following the merger. The City of Vaughan will be represented by six members on the board of directors with the Town of Markham and the City of Barrie being represented by four and three members respectively.
The merger agreement also specifies that there will be one head office in Vaughan and a minimum of two operations/administration centres, one of which will be located in the City of Barrie.
There will also be no layoffs of union or management staff at either PowerStream or Barrie Hydro directly as a result of the merger. Agreements pertaining to a number of key labour issues, including job security, relocation of positions and seniority rights, were previously ratified by the two utilities and their respective unions.
Barrie Hydro is the 12~~largest local electricity distribution company in Ontario, serving more than 70,000 customers in seven service areas including Barrie, Penetanguishene, Bradford West Gwillimbury, New Tecumseth, and the Township of Essa (Thornton). PowerStream is the Province's third largest power distribution utility with more than 240,000 customers in Aurora, Markham, Richmond Hill and Vaughan. The merger of the two utilities will create the second largest electricity distribution company in Ontario.
Media Contacts:
--Barrie
Rebecca James-Reid
Director of Communications & Intergovernmental Affairs
City of Barrie
Tel: (705) 739-4220 Ext. 4462
--Markham
Janet Carnegie
Director, Corporate Communications & Community Relations
Town of Markham
Tel: (905) 475-4723
Vauahan
Madeline Zito
Director of Corporate Communications
City of Vaughan
Tel: (905) 832-8585 Ext. 8077 rluyusGU lvrcrger or rrarne Hydro and PowerStream Expected to Save in Excess of $5 Mi ... Page 1 of 2
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PowerStream Inc. Barrie Hydro Distribution Inc.
Aug 26, ZOOS 09:22 ET
Proposed Merger of Barrie Hydro and PowerStream Expected to Save in Excess of $5 Million Annually Merger would help reduce upward pressure on distribution rates
SIMCOE COUNPI, ONTARIO and YORK REGION, ONTARIO--LMarketw~re- Aug. 26, 2008) - A business case analysts conducted by KPMG on a proposed merger of two local eiectr~cltyd~stribut~on companies, PowerStream and Barrle Hydro, has concluded that effic~enclesreallzed through combtnlng assets and ach~evingeconomies of scale a expected to net a merged entity annual savtngs In excess of $5 miillon.
The analysis is the impetus behind a negotiated merger agreement, which still requires the approval of both companies' respective boards of directors, shareholders as well as the Ontario Energy Board. Based on the analysis, it is believed that a merger will also increase dividend payments to the municipalities that hold shares in the utilities and help to reduce me upward pressure on customer distribution rates.
The draft agreement between Powerstream and Barne Hydro calls for Powerstream's current shareholders, the City of Vaughan and the Town of Markham, to respectively retain 44-46 and 34-36 percent ownership of a merged utility, while Barrie Hydro's shareholder, the City of Barrie, will have an 18-21 percent share. The draft agreement abo sets out a governance structure In which certain decisions would require the unanimous consent of all three shareholders.
"If approved, a merger of Barrie Hydro and PowerStream will help to establish a strong regional electricity distribution utility which will be better able to serve its customers and meet the challenges of an ever-changing industry," Mark Henderson. Barrie Hydro President and CEO explained.
Brian Bentz, President and CEO at PowerStream, concurred with Henderson's analysis of how a merger will benefit customers and result in significant cost savings. He also commented on how operational and cultural similarities In the two organizations will help to facilitate a smooth transition following a merger.
"Both utilities serve growing municipalities, have been actively involved in mergers and acquisitions and are community and employee focused," Benk said, adding how a significant number of PowerStream employees are residents of the City of Barrie and Simcoe County."
A new thirteen-member board of directors would provide the required governance following the merger. The City of Vaughan would be represented by six members on the board of directors with the Town of Markham and the City of Barrie being represented by four and three members respectively.
The draft merger agreement also specifies that there will be one head office in Vaughan and a minimum of two operations/administrationcentres, one of which wlll be located in the City of Barrie.
There will also be no layoffs of union or management staff at elther PowerStream or Barrie Hydro directly as a result of the merger. Agreements pertaining to a number of key labour Issues, including job security, relocation of positions and seniority rights, have been ratified by the two companies and their respective unions.
Prlor to final decls~onson the draft agreement belng made by the varlous shareholders, ~nfwmat~onsesslons on the proposed merger wlll be scheduled for publlc comment and Input.
Barrle Hydro IS the 12th largest local electricity d~stribut~oncompany In Ontario, servlng more than 70,000 customers In seven servtce areas. PowerStream is the Prov~nce'sthtrd largest power d~strlbutlonutility wcth more than 240,000 customers across four munlclpalities. A merger of the two utllltles will create the second largest local elettrlclty company In Ontano.
For more information, please contact
Barrfe Hydro Dlstrlbutton Inc Mark Henderson Pres~dent& CEO (705) 722-7244 ext 224 Emall. rnhendersonQbarr~ehydrocorn
PowerStream Inc.
Corporate Communications Manager
gen@powerstre
Click here to see all recent news from thls company Patricia Nash _ -Il__^l__wF___^. _lI-X.__ ---_ ^."X--~"X-"-X___.." "..IX-."-..__^l-".. ------From: Doug White Sent: Monday, December 01,2008 2:32 PM To: Cc: Patricia Nash Subject: RE: Please fix the trash issue
Rick,
Thanks for letting me know about the problem you are having with garbage dumping at these two locations. In copying this matter to Patricia Nash, Clerk, I am requesting your correspondence be added to the Information Agenda of a council meeting as soon as possible. I will ensure there will be discussion on measures we can take to deal with this problem.
From my point of view, the organics program and one bag likit is working. Most residents who conscientiously recycle should have no issue with the new limit. The problems we have are with the same selfish few who have always engaged in this type of behaviour. Consider the unsightly mess collected at the clothing bins at No-Frills and Sobeys in past years, long before the one bag limit was imposed.
Regards,
Doug
---," ---- "--% "------"------."---*--.------" .- .- --- .------From: Rick Fonger F-J Sent: Wed 11/26/2008 2:21 PM To: Doug White Subject: Please fix the trash issue
Hello Doug,
I do hope you are enjoying the nice snowy weather .... Along with the task of being the Mayor.
I hate to bring this up, but there seems to be no solution and everyone I talk to about this says it is not their problem.
Someone in your organization needs to fix the trash problem.
Because of the added cost and limited number of bags that can be put out, we recently purchased a waste disposal bin from Miller Waste Management.
Each week we now have to pay extra to have that bin emptied. We still have to pay all our taxes as well.
We do generate a bit more than the average business so I'm not complaining about doing my part
However.. .
Those that are not doing their part just kale their extra garbage bags beside our bin (we have locked it because -- -- it was mysteriously getting filled up every night!) ------
So in front of the Times Building at 74 John Street we now have shopping carts filled with green garbage bags being left in front of our trash bin.
At the back of One Red Chair, people just drive into the alley and leave their trash bags in the lane. Last week I got a call from the Health department to clean up the garbage. Very little of it was ours.
I am not the only one with this complaint.
This is unfair and makes for a very messy town.
Do you have a plan to fix this?
Best regards,
- Rick
Rick Fonger