THE CORPORATION OF THE TOWNSHIP OF ESSA … Documents/Council Agendas and... · Staff Report TR038-13 submitted by the Deputy Treasurer, re: Asset Management Plan - Draft. Asset

THE CORPORATION OF THE TOWNSHIP OF ESSA COMMITTEE OF THE WHOLE

WEDNESDAY, DECEMBER 18,2013

AGENDA

6:00 p.m.

1. OPENING OF MEETING BY THE MAYOR

2. DISCLOSURE OF PECUNIARY INTEREST

3. DELEGATIONS / PRESENTATIONS I PUBLIC MEETINGS

STAFF REPORTS

4. PLANNING AND DEVELOPMENT

p. 1

p. 9

a. Staff Report PD077~13 submitted by the Planning Technician, re: Severance & Minor Variance Activities for 2013.

Recommendation: Be it resolved that Staff Report PD077-13 be received and accepted as presented, for information purposes.

b. Staff Report PD079~13 submitted by the Manager of Planning and Development, re: Rippon Forest Tract

Recommendation: Be it resolved that Staff Report PD079-13 be received for information; and That Township Staff meet with County of Simcoe Staff to determine the acceptability and terms of a trail meandering through the middle of the Rippon County Forest, in the general configuration as sketched by Staff and attached to this Report.

p.14 c. Staff Report PD080~13 submitted by the Manager of Planning and Development, re: Township Rezoning.

Recommendation: Be it resolved that Staff Report PDOBO-13 be received; and That Council adopt a Zoning By-law Amendment to prohibit new dwellings on B properties spread out across the Municipality, and allow short-term historical re-enactments on the lands owned by the Essa and District Agricultural Society (EDAS).

5. PARKS AND RECREATION / COMMUNITY SERVICES

p.17 a. Staff Report PR028-13 submitted by the Recreation Coordinator/Programmer, re: Thornton Skating Club - Request to Cancel their Ice for the Remainder of the Season.

Recommendation: Be it resolved that Staff Report PR028-13 be received; and That Council approves Thornton Skating Club's request to cancel their ice on Monday and Wednesday nights for the remainder of the season from 6 - 8:50 p.m. after their December 1 fih booking and Fridays from 5 - 7:20 p. m. after their January 1 dh booking.

Township of Essa Committee of the Whole Agenda December 18, 2013

p.21 b. Staff Report PR029-13 submitted by the Recreation Coordinator/Programmer, re: The Kinder Garden ~Centre for Early Education Preschool.

*Separate Attachment

Recommendation: Be it resolved that Staff Report PR029·13 be received; and That Council consider authorizing the Kinder Garden Day Care to hold off starting running the day care operations at the building at 6 Huron St., Angus until the facility is fully licensed; and That the Lessee be allowed to arrange for preliminary inspections to be done at this facility by the Ministry, the Health Unit and other Departments so that the licensing process can be started; and That the facility not be rented out to anyone else for a period of up to four (4) months as this process is being undertaken so that the required work can be completed to satisfy the Ministry; and That Council consider waiving the lease payment from January 1st up to April 30, 2014 but the Lessee shall still be responsible for payments of utility charges during this time period.

c. File No. 213095 dated November 2013, submitted by Ainley Group, re: Building Condition Assessments for Angus Recreation Centre and Thornton Arena/Ba n q uet F acility*.

Recommendation: Be it resolved that the Building Condition Assessments Report for the Angus Recreation Centre and the Thornton Arena/ Banquet Facility be received.

6. FIRE AND EMERGENCY SERVICES

p.25 a. Staff Report FD009-13 submitted by the Fire Chief, re: Master Fire Plan Study.

*Fire Plan Study is a separate attachment

7.

Recommendation: Be it resolved that Staff Report FD009-13 be received; and That Council accepts the Township of Essa Master Fire Plan as prepared by Dillon Consulting Limited; and That the information and recommendations be used to assist Council to set direction for the next five to ten years and request that a representative from Dillon Consulting present an overview of their report to Council.

PUBLIC WORKS

p.27 a. Staff Report PW027-13 submitted by the Manager of Public Works, re: Draft Roads Needs Study*.

Draft Study is a separate

attachment Recommendation: Be it resolved that Staff Report PW027-13 be received; and That the draft Road Needs Study prepared by Ainley Group be received.

p.29 b. Staff Report PW028-13 submitted by the Manager of Public Works, re: Draft Water and Wastewater Condition Assessment*.

Draft Assessment is a separate attachment

Recommendation: Be it resolved that Staff Report PW028-13 be received; and That the draft Water and Wastewater Condition Assessment prepared by Ontario Clean Water Agency be received.

2

Township of Essa Committee of the Whole Agenda December 181 2013

p. 31 c. Staff Report CA0035-13 submitted by the Chief Administrative Officer, re: Ontario Planning Journal Article on 2013 Minden Flood.

Recommendation: Be it resolved that Staff Reporl CA0035 -13 be received.

8. FINANCE

p.35 a. Staff Report TR037-13 submitted by the Treasurer, re: 192 Mill StreetDevelopment Charges.

Recommendation: Be it resolved that Staff Report TR037-13 be received for information.

p.57 b. Staff Report TR038-13 submitted by the Deputy Treasurer, re: Asset Management Plan - Draft*.

*Asset Management Plan is a separate attachment

Recommendation: Be it resolved that Staff Reporl TR038-13 be received; and That Council receive the draft Asset Management Plan for discussion purposes; and That Council consider setting a Special Meeting on , 2014 to furlher review the Asset Management Plan and provide direction to staff regarding the contents of the plan.

p.60 c. Staff Report TR039-13 submitted by the Treasurer, re: Request to Write Off Uncollectible Amounts.

Recommendation: Be it resolved that Staff Report TR39-13 be received; and That uncollectible invoices in the amount of $2, 665.00 for fire department costs relating to motor vehicle accidents be written off; and That the uncollectible invoice in the amount of $798.65 for animal control costs be written off; and That the uncollectible invoice in the amount of $171. 17 for roadside repairs costs be written off.

p.62 d. Staff Report TR040-13 submitted by the Treasurer, re: Development Charge ByLaw 2013-60 -Indexing of Rates.

Recommendation: Be it resolved that Staff Report TR40-13 be received; and That development charge rates be indexed effective January 1, 2014, in accordance with By-Law No. 2013-60 with calculated rates increased by 0.3%.

p. 67 e. Staff Report TR041-13 submitted by the Tax Collector, re: Request to Write Off/Adjust 2012 and 2013 Taxes.

Recommendation: Be it resolved that Staff Report TR041-2013 be received; and That the Tax Collector be authorized to adjust taxes on the accounts fisted on Schedules "A ", flB I

' and fiG)) of this report.

p.73 f. Staff Report TR042-13 submitted by the Tax Collector, re: Request to Write Off/Adjust 2009 - 2012.

Recommendation: Be it resolved that Staff Report TR042-2013 be received; and That the Tax Gollector be authorized to adjust taxes on the accounts listed on Schedules "A SII

"BII, "G lI and 110" of this reporl.

3

Township of Essa Committee of the Whole Agenda December 18, 2013

9. CLERKS / BY-LAW ENFORCEMENT/IT

10. OTHER BUSINESS

11. ADJOURNMENT

Recommendation: Be it resolved that this meeting of Committee of the Whole of the Township of Essa adjourn to meet again on the 15th day of January, 2013 at 6:00 p.m.

4

TOWNSHIP OF ESSA STAFF REPORT

STAFF REPORT NO.: PD077-13

DATE: December 18, 2013

TO: Committee of the Whole

FROM: Bev Mansbridge, Planning Technician

SUBJECT: Severance & Minor Variance Activities for 2013

RECOMMENDATION

That Staff Report PDO?? -13 be received; and accepted as presented, for information purposes.

BACKGROUND

The Township's Committee of Adjustment has been busy with a total of 9 Committee hearings and a training session held during 2013, The Committee has received a total of 13 applications for consent and a total of 14 minor variance applications. A summary of severances has been attached for your perusal, as well as a location map of each of the severances, spread throughout the Township. Please note that a single "validation of titleJi (Application B13/13) was also reviewed for adjacent property to an existing commercial development in Angus. Also note that one of the minor variance applications had been withdrawn (Application A9/13 to avoid an OMB hearing). A summary of the minor variance applications (chart form) has also been attached for your perusal.

Also provided for your review is a chart of severances for the years 2001 through to 2013, for those severances located near the Centre for Atmospheric Research on the 10th Sideroad. Planning Consultants for the C.A. R.E. facility require the Township to report all severances (identified with a specific rating) that are in close proximity to the C.A. R, E. facility.

COMMENTS AND CONSIDERATIONS

The Township's Committee of Adjustment members have worked diligently serving Essa. Irs core members, comprised of 5 individuals, have impartially acted on behalf of the Municipality, while a Ilreplacement" member has acted, when required, to take the place of absent members. This replacement or alternate member system seems to work quite well.

I

PD077-13 Page 2 of 2 q Committee of Adjustment Activities

FINANCIAL IMPACT

None

SUMMARY/OPTIONS

Council may: 1. Take no further action 2. Direct staff to take action/comment on concerns that Council may have 3. Receive for information

CONCLUSION

Option 3 recommended.

Prepared by:

fd~~ Bev Mansbridge Planning Technician Secretary-Treasurer Committee of Adjustment

Attachments: Map of 2013 Severances

Respectfully submitted:

~&~ Colleen Healey Manager of Planning & Development

Chart: Summary of Severance Activity for 2013 Severance Listing Pertaining to CARE Facility Minor Variances Listing 2013 Severance Listing 2013

Reviewed by:

~y Greg Murphy CAO

VARIANCE# NAME

A1/13 Tim Horton's

A2/13 Leduc

A3/13 Morita

A4/13 Anderson

A5/13 Alarie

A6/13 Kerr

A7/13 Aston

AS/13 O'Brien

A9/4d ~2:Ffl e Fet~ky -WITHDRAWN-

A10/13 Bryan

A 11/13 Dunphy

A 12/13 Grant

A13/13 CW Coop's

A14/13 Northern Diversified

MINOR VARIANCES 2013

LEGAL! ROLL#

ADDRESS 1 Roth Street 4-19600

6952 Cnty Rd 10 7-09300

262 Denney Drive 7-21000

6061 Cnty Rd 90 8-05710

169/171/173 Mill Street 4-1400 1 01300 101200

7695 10tn Line 3-17402

17 Bralley Crescent 6-01510

111 Centre St. (7 lots) 10-06800-06855

§ggQ Gel:jAty Reae ~ g 7 Q8402

4585 10th Sideroad 6-01505

63 Vernon St 10-38238

5374 Scotch Line 1-00901

2 Massey St, Unit 6 10-36900

192 Mill St 4-20600

TYPE OF VARIANCE

Landscaping reduction

Size of accessory building Relief for kennel

Relief of max access. building Relief for parking

Relief from side & rear yard Rear & side yard setback Rear yard & lot coverage Ma* sice & siEleyaFe re#e.f Minimum lot frontage

Relief of lot area

Relief of maximum sized accessory building & height Reduce number of parking spaces required Addition of 2 Apts

fie I P I"aa ;ag I Plmm;ag & De<' 10 pm,all Comm; lice of ~klj"s ImeniC<J'-Vmhmcesl20 13 Appl; cal;oas 1M Iva R VA RIA N C [; !.is';ag 2013.d oc

2013 CONSENTS ~ Conse NAME LEGAL ROLL # TYPE OF CONSENT STATUS YEAR &

nt IADDRESS A -Approved DATE

# p- Pending 1\ LJ,

NG - Not Granted CUNDlTfONS H - Hold COi\fPLl ,;'1'[,:D

D - Deferred W - Withdrawn

B1/13 HJ VanderZaag 6178 5in Line 1-14300 Boundary adjustment A Farms Ltd. Part Lot 9, Cone. 4 Pickering 7563 gtn Line 3-15400 Addition to abutting lot A

B2/13 Part Lot 21 & 22, Conc. 9

I 83/13 Patton Poultry 6116 County Road 10 1-09600 Surplus dwelling A

E. Pt. Lot 10, Conc. 3

B4/13 Nicol 5220 5th Line 1-15502 Boundary adjustment A

Part Lot 1, Conc. 5

85/13 Dykstra (Dew) 7031 10th Line 6-03100 Severance of a surplus A

- W. Pt. Lot 17, Cone. 10 dwelling ~ Brayford 7772 6 lh Line 8-02300 Surplus dwelling P

86/13 Pt. Lots 22 & 23, Conc. 5

Brayford 7768 6th Line 8-02300 Surplus dwelling P 87/13 Pt. Lots 22 & 23, Conc.

5

B8/13 Kloosterman 4457 20th Sideroad 6-08201 Boundary adjustment A

E. PtLot20, Conc. 11

89/13 Cooper 5684 County Road 27 5-04400 Boundary adjustment A

Pt Lots 6 & 7, Conc. 11 Turnbull Part Lot 21, Conc. 1 030-001- Boundary adjustment P

B 10/13 (formerly Sunnidale) 11301 305 Mill Street

811/13 Bryan Pt. Lot 10, Conc. 10 6-01505 Creation of infill lot A

4585 10th Sideroad

. B 12/13 Dunphy 63 Vernon St. 10-38238 Creation of new A residential lot

B 13/13 Alarie Pt. Lot 9, Plan 1116 4-01100 Validation of Title A

175 Mill St.

t \ P bnning\ptann ing & DcYcloplllenl\Commillec of Adjll~tment\Seyerallccs\20 13 Aprl iC<1t iOl1s\CONS ENTS Listing 2013 .doc

2013 Severances

o 1,100 2,200 4,400 Meters

r

SEVERANCES APPROVED

2013

Boundary Line Adjustments 6

4- Rural/Agricultural (B 1 ,B2,B8,B9 ) (VanderZaag, Pickering, Kloosterman, Cooper)

1 - Commercial Recreation (B4) (Nicol) 1 -Core Commercial -C2 (B I 0) (Turnbull)

Validation of'Title 1

1 -Commercial Lot (B 13)

Technical Severance o

New Lots 2

1 - Residential Zone (B 12) (Dunphy) 0- Industrial Zone I - Rural (B 11) (Bryan)

Surplus Dwelling 4

(B3 Patton Poultry B5 Dykstra

B6 & B7 Brayford)

Severances Sub-Total:

TOTAL: 13

SUMMARY OF SEVERANCES 2013

SEVERANCES WITHDRAWNI

PENDING 2012/2013

2013 DENIED SEVERANCES

1 ~ Rural Lot (B71l2) APPROVED

1 - PENDING (B 10) C0111n1ercial (Turnbull)

2 ~ PENDING (B6, B7 (Brayford)

TOTAL: 3 TOTAL: o

J-I :\Planni ng\PlaI1J1i ng & Devc!opmcnt\Comlllittcc or AdjLlstlllclll\Forms\20 13 Fonns\S UM MARY OF 2013 SEVERANCE ACTIV lTI ES Dec 2013 .doc

f

SEVERANCE LISTING PERTAINING TO CARE FACILITY

SEVERANCE #/OWNER NAME TYPE OF SEVERANCE FACTOR # OF LOTS CREATED 2013 SEVERANCES

Bll- BRYAN IN FILL RURAL LOT .010 1

TOTALS: 0.0 0,010 1

2012 SEVERANCES 85 - PATIERSON LOT ADDITION ONLY a a TOTALS: 0.0 0

2011 SEVERANCES B3 -1481562 ONT LTD. NEW RESIDENTIAL 0.015 1

LOT

TOTALS: 0.015 1

2009 SEVERANCES 85 - MORGAN/KONRAD NEW LOT, SURPLUS .019 1

TOTALS: 0.019 1

2008 SEVERANCES B25 - DENNEY NEW LOT .015 1

TOTALS: 0.015 1

2007 SEVERANCES

NO NEW LOTS WITHIN AREA/ TOTALS: 0.0 0 2006 SEVERANCES

Bl- BECKETT NEW LOT .013 1

814- COWIE NEW LOT .041 1 B17 - BREIT NEW LOT .041 1

TOTALS: 0.095 3 2005 SEVERANCES

B8 - BRYAN NEW LOT .007 1

824 - PHARAND NEW LOT .041 1

TOTALS: 0.048 2

2004 SEVERANCES 83 - STEVENSON NEW LOT .196 1

826 - WI LLIAMS NEW LOT .133 1


Bl- BOY SCOUTS OF CANADA NEW AGRICULT. LOT .079 1


B6 - McNABB NEW LOT .064 1

B17 - MORRISON FARMS NEW LOT .067 1

TOTALS: 0.131 2

2001 SEVERANCES B1- THOMSON NEW LOT .011 1

B7 - SHEARDOWN NEW LOT .013 1

88 - CHAMBERLAIN NEW LOT .022 1

B21-COCHRANE NEW LOT .011 1

TOTALS: 0.057 4 TOTAL CALCULATIONS: .798 18 ... Total Factor New Lots

•

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STAFF REPORT NO.: PD079·13



FROM: Colleen Healey, Manager of Planning & Development

SUBJECT: Rippon Forest Tract

RECOMMENDATION

That Staff Report PD079-13 be received for information; and

That Township Staff meet with County of Simcoe Staff to determine the acceptability and terms of a trail meandering through the middle of the Rippon County Forest, in the general configuration as sketched by Staff and attached to this Report.

BACKGROUND

Trails have many benefits and it is hoped that we can provide such benefits to all residents of Essa to make our population more healthy.

Benefits of Trails

• Better health, more active lifestyle • Trails attract tourists • Accessible and inexpensive to use • Can provide moderate or challenging physical activity for a wide range of people • Can enhance our appreciation of nature • Keep people away from areas where we don't want them to wander (i.e. highly sensitive

wetlands or private property or other)

A meeting was held on October 16, 2013 to discuss a trail through the Rippon County Forest in Angus. The following provides a summary of this meeting and Staff's thoughts on this matter.

11 residents spoke at the public meeting covering a variety of issues. In general, it would seem that most would agree that a meandering trail through the middle of the Rippon County Forest would benefit the Municipality.

"tiD079-13 ~ ippon Forest Tract

Page 2 of 3

The majority of residents involved care about the environment and it was obvious that all who spoke were passionate about their home, neighbourhood and community. It is hoped that by pushing the trail further north, away from private property, the Township could develop a trail which its residents and those living nearby support.

At the meeting, most residents spoke to the benefits of trails, however, many did not want a trail too close to their private lands for a variety of reasons. Legitimate concerns include:

• A decline in privacy • There are those who do not abide by the law • Some do not follow rules on the use of trails (i.e., they use motorized vehicles on

trails meant for pedestrians)

Some liked the idea of creating a fire lane, however, this is not to be the Municipality's key priority in constructing a trail here. Otherwise, the initiative would be led by the Fire Department and all County Forests would be addressed.

Again, the middle of the Rippon County Forest would seem to be something which would be acceptable to most. As such, a meeting should be set up with the County to determine if this is possible - as opposed to the original plan to resurface and improve on the existing path at the south end of the Rippon County Forest.


The proposal to resurface and improve a path through the Rippon County Forest has evolved after hearing from the public. What could result, is a much better project which the whole community can stand behind and be proud of.

The Municipality started with one option which turned into two and now a third option (other than do nothing) has evolved stemming from the public meeting. This office prefers "Option 3" which would seem to be the consensus of most of the public. Note that just one woman objected to any trail completely and all together, and heresay has it, that her mind may have been changed in discussions following the meeting.

FINANCIAL IMPACT

There will be a cost to the Municipality to construct a meandering trail through the middle of the Rippon County Forest. It is estimated that the trail will cost approximately $30,000 (1 km length). This could possibly come from development charges.

SUMMARY/OPTIONS

Council may:

1. Take no further action. 2. Defer a decision until the Township has completed a Trails Master Plan.

\0

PD079-13 Rippon Forest Tract

Page30f3 ~

3. Pursue a trail through the Rippon County Forest as originally planned in order to simply resurface and improve on the path located at the south end of the property.

4. Reconsider the planned route of the trail through the Rippon County Forest in order to appease neighbours and follow up with County Staff on this matter.

CONCLUSION

Option #4 is recommended.

Respectfully submitted: Reviewed by:

Colleen Healey Manager of Planning & Development

Attachments: Sketch

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l-s::: o c.. c..

0:: ~ (1) tJ)

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13


STAFF REPORT NO.: PD080-13

DATE: December 18,2013


FROM: Colleen Healey, Manager of Planning & Development

SUBJECT: Township Rezoning

RECOMMENDATION

That Staff Report PD080-13 be received, and that Council consider adopting a Zoning By-law Amendment to prohibit new dwellings on 8 properties spread out across the Municipality and allow short-term historical re-enactments on the lands owned by the Essa and District Agricultural Society (EDAS).

BACKGROUND

The Township initiated a housekeeping application to rezone varying lands where surplus homes have been severed off 'vvhen farmland has been acquired by a farmer with a home already. It is proposed that the nevvly acquired farmland be zoned to prohibit a new dwelling unit.

Agricultural land in Ontario is to be protected for agricultural use, and severances are, as a rule, not permitted. A severance may only be permitted in the case of a farm consolidation where a surplus dwelling exists. More specifically, the Provincial Policy Statement (PPS) states, "lot creation in prime agricultural areas is discouraged and may only be permitted for a residence surplus to a farming operation as a result of farm consolidation provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of land created by the severance" (section 2.3.4).

The Township has been keeping a list of properties where surplus dwellings have been severed off since 2009 and it seemed to be an appropriate time to carry out what is required by the Province to ensure that the farmland of Essa is maintained for long term agricultural use. Plus, the Township deemed it appropriate to review two additional properties and their uses at the same time. Those being: 5276 30th Sideroad where two lots merged into one on request of the landowners, and the EDAS lands in the west part of Lot 21) Concession 10.

PD080-13 ~TownShiP Rezoning

Page 2 of 2

The Township has held a public meeting to review the proposed zoning affecting each property to be subject to the new zoning provisions. No concerns were heard.


The planning policy of the day sets out to protect agriculture. This includes legislation such as the Places to Grow Act and the PPS. The proposal at hand is in keeping with the policies of both of the above, and as well. all steps regarding public process as contained within the Planning Act have been followed. In 8 out of 9 cases, the zoning proposed is a case of down-zoning for the betterment of the Municipallty - to keep lands as agricultural and so as to prevent development which could interfere with the agricultural community or agricultural operations.

The other proposal, to add a land use to the list of permitted uses to apply to the lands owned by the EDAS, is very minor, and again, is in keeping with the policy framework in place - in this case namely, the Official Plan for the Municipality. The new land use, short-term historical re-enactments, will occur on the EDAS' lands in concert with their objective to educate on our roots.

FiNANCIAL IMPACT

Minimal impact with no direct costs stemming from this Report.

SUMMARY/OPTIONS

Council may:

1. Take no further action. That is. do not proceed with the application to rezone. 2. Consider adopting a Zoning By-law Amendment to prohibit new dwellings on 8

properties in the Municipality and allow sort-term historical re-enactments on the lands owned by the EDAS.

3. Process the Zoning By-law Amendment in part.

CONCLUSION

Option #2 is recommended .


Colleen Healey Manager of Planning & Development

Attachments: Proposed Schedule 1 to the Zoning By-law Amendment

° I 1,750

NOl1awaslJgQ

RI'i&</... -', J / -"" ___ ..",,.-- •

3,500\b \ I

7,000 Meters I

STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION


PR028 - 13

December 18, 2013

Committee of the Whole

Diane Straus, Recreation Coordinator/Programmer

Thornton Skating Club - request to cancel their ice for the remainder of the season.

That Staff Report PR028-13 be received;

And that the Council approves Thornton Skating Club's request to cancel their ice on Monday and Wednesday nights for the remainder of the season from 6 - 8:50 pm after their December 18th booking and Fridays from 5 - 7:20 pm after their January 10th booking.

BACKGROUND

Thornton Skating Club's membership is very low this year and they can't keep the club going.

Currently the club rents 10.5 hours per week. The skating club has been trying to fund raise to keep the club afloat for the remainder of the season but with no luck.


Staff will endeavor to sell this prime ice off to other users for the remainder of the season.

FINANCIAL IMPACT

This request, if approved, would be a loss of revenue to the municipality of approximately $12,368.40 for approximately 88 hrs of ice.

SUMMARYfOPTIONS*

Council may:

1. Take no further action. 2. Approve the skating club's request to cancel their Monday and Wednesday nights for

the remainder of the season from 6 - 8:50 pm after the December 18th booking and Fridays from 5 - 7:20 pm after their January 10th booking for the remainder of the season.

3. Approve the Skating Club's request to cancel their ice as approved by Council.

\'

~ PR028 -13 ~ Thornton Skating Club - request

cancel their ice for the remainder of the season.

CONCLUSION

Staff recommends that option 2 be approved.


Diane Straus Recreation Coordinator/Programmer

Attachments: 1. Newsletter from Thornton Skating Club 2. email from Thornton Skating Club

"

Page 2 of 2

Reviewed by:

Greg Murphy Chief Admini trative Officer

December 2013

Dear Parents and Guardians

It is with deep regret that the board of the Thornton Skating Club has to inform you that the club is closing as of December 18,2013 . We will be having our family skate and saying goodbye to you the parents and our skaters for the last time. The board has worked tirelessly to try and keep the club running but we are quickly running out of steam.

As I am sure you realize the club has been suffering for the last tlrree years but this year our membership is way too low to continue. We were hoping to go to the end of March but due to the low membership and low fundraising and no help coming from anywhere else our finances are such that we ha ve to close at Christmas.

The board has been making enquiries to the neighbouring clubs to see if they would take our skaters as we hope they will continue with their enjoyment of skating even though it won't be at Thomton. The following clubs have agreed to honor your registration fee so that you will not have to pay any more. 'vVe ask that you let us know which club you choose to go to so that we can inform them how many of our skaters to expect in Jan.

~ Diane Straus

From: Sent: To:

Marilyn Leek [[email protected] Monday, December 09,2013 11 :36 AM Diane Straus

Subject: RE: letter

Hi Diane

Did the letter not come through?

We want the Fri night ice on Dec 20 and Jan 10.

We want to cancel Jan 17 to the end of Mar.

If you need a copy of the letter I will drop it off today.

Thanks

Marilyn

, ,, .... _,,- -. ... .... ,-" '''--,--,---,,-- - _ . __ ._------------Subject: RE: letter

Date: Mon, 9 Dec 2013 09:11:14 -0500

From: [email protected]

To: [email protected]

You were booked until the 20th are you not going to finish that off, I'll need to know for my report.

As well are you still going to be utilizing the ice on Friday nights from 5 - 7:20 are you had hoped?

I have to get a report done quickly.

Thanks Diane

From: Marilyn Leek [mailto:[email protected]] Sent: Friday, December 06, 2013 3:06 PM To: Diane Straus Subject: RE: letter

Hi Diane

Please find attached the letter for council. At our board meeting Wed night

we decided to get rid of our powerskating on Fri nights so that is what

the attched letter is requesting. Getting rid of this saves us $4000 and there

are a couple offundraisers coming up that should get us through to March.

The powerskating is draining us as it doesn't make enough to cover itself

so that is why we decided this. We really want to try and go to March for our skaters.

201


STAFF REPORT NO.: PR0029 ~ 13



FROM: Diane Straus, Recreation Coordinator/Programmer

SUBJECT: The Kinder Garden ~Centre for Early Education Preschool

RECOMMENDATION

That Staff Report PR029-13 be received; and

That Council consider authorizing the Kinder Garden Day Care to hold off starting running the day care operations at the building at 6 Huron St., Angus until the facility is fully licensed.

And further that the Leesee be allowed to arrange for preliminary inspections to be done at this

facility by the Ministry, the Health Unit and other Departments so that the licensing process can be

started.

And further that the facility not be rented out to anyone else for a period of up to four (4) months as

this process is being undertaken so that the required work can be completed to satisfy the Ministry.

And that Council consider waiving the lease payment from January 1st up to April 30, 2014 but the Leesee shall still be responsible for payments of utility charges during this time period.

BACKGROUND

The Kinder Garden has entered into a lease agreement with the Township to start running daycare at the Hall Building in the Angus Community Park convening on January 1 st. The license will not be issued until all work has been completed to bring this building up to standard for Ministry approval.


The Kinder Garden is willing to wait to start running the day care until their license has been approved by the Ministry but would like access to the building until this happens for required improvements with the lease to commence on the date the license is approved.

The Kinder Garden may require 2 new sinks in the washrooms, the placement of tile floor throughout the facility, or fill in the cracks in the floor to satisfy the Health Unit, which will be done at Kinder Garden's expense .

2,'

I:.\... PR00029 -13 ~ NThe Kinder Garden - Centre for

Early Education Preschool

Page 2 of 2

The Kinder Garden will also require a building architecUengineering approval prior to Ministry Approval to satisfy Building Code requirements.

The Kinder Garden will install smoke detectors, an alarm system and two exit signs. Sometime in the future the tenant would like to have the option to put in a new door that is cosmetically appealing.

FINANCIAL IMPACT

The financial impact is the loss of revenue of $1,200 per month for up to 4 months . The tenant should still be required to pay for the utilities from January 1 st to the end of April, 2014 while they are renovating the building.

SUMMARY/OPTIONS

Council may: 1. Take no further action, utilize the building for municipal purposes. 2. Agree to waive the rental fee from January 1st up to April 30, 2014, but the Leessee shall

be responsible for all utility costs during that time frame while they are renovating the building.

3. Lease the Angus Community Park Building to some other group or organization.

CONCLUSION

Staff recommends that option 2 be approved.


Diane Straus Recreation Coordinator/Programmer

Attachments: 1. email from the Kinder Garden Centre for Early Education Preschool. 2. email from the Chief Building Official

Diane Straus

From: Sent: To: Subject:

Hi Greg,

The Kinder Garden [[email protected]] Monday, December 09,2013 10:56 AM Greg Murphy; Diane Straus RE: FYI this was on the CTV News website

Thanks for getting back to me. Since I won't have a decision from council until a few days before Christmas, I

will have to tell the interested families that I will not be opening in January as I haven't even started any of the

improvements that I had planned in preparation for opening January 2nd due to this delay. If council says for

me to go ahead working under the 115 children or less" rule then the earliest that I will be prepared to open will

be February. Prospective families will need enough time to make new childcare arrangements for January. I would also like to give them as much notice as possible with a confirmed opening date so that they can make

alternate plans for their children until then. Should council decided that it is better to wait until I am licensed

then I will arrange in January for the various preliminary inspections to be done for the Ministry so that the

licensing process can be started.

Thank for your time and assistance with this.

Sincerely,

Lisa Garrad

Directress

The Kinder Garden

Center for Early Education

"A wonderful place where curiosity sprouts, growing minds flourish and beautiful friendships blossom [II

---_._--_.--------------- ---,,--.- .. ,,---- -- -- -------._ --

Subject: RE: FYI this was on the CTV News website

Date: Mon, 9 Dec 2013 08:35:49 -0500 From: [email protected]

To : [email protected]; [email protected]

Lisa:

Diane is preparing a staff report and submitting same to Council at their next regular meeting 1 which is scheduled to be held on Dec. 18th/13, for consideration. You will be advised of their decision after that meeting.

Greg Murphy

From: The Kinder Garden [mailto:[email protected]] Sent: December 5, 2013 7:26 PM To: Greg Murphy; Diane Straus Subject: RE: FYI this was on the C1V News website

50 Diane Straus

From: Sent: To: Cc: Subject:

Heather Rutherford Monday, December 09, 2013 11 : 1 0 AM Diane Straus; Greg Murphy; Cynthia Ross Tustin Colleen Healey RE: 6 Huron Street Angus

The building is presently for an assembly occupancy which would include a registered daycare. Works will have to be

undertaken in order to meet the requirements from the Ministry to accommodate a registered daycare. This work will

more than likely include: plumbing changes, additions and deletions, possible movement of partitions and additional

requirements regarding security that are required for this use and exiting . A building permit will be required for any

works, especially the plumbing that will be undertaken. This type of building will require an architect and engineer to

prepare the drawings and design. The building department does not design but rather reviews and comments on the

building permit submission. The proposed tenant is indicating that they intend to use the building as an unregistered daycare. There are

considerable liabilities that the Township will undertake should they agree with the use of the building. Since the

daycare will not be registered, works that are required to make the building safe and suitable for children, may not have

been undertaken. This is not a residential use, although the proposed care of the children would be similar to a daycare

in a person's home. This building is not set up as such.

I strongly suggest that prior to any approval being given for the use of this building for anything other than an assembly

occupancy (registered daycare) that legal advice be sought. In order for works to be undertaken to make it a legal

entity, construction would more than likely have to take place. This is not a suitable environment for what is proposed.

Heather J. Rutherford CE. T., CB.CO. Chief Building Official

Township of Essa 5786 County Road 21 Utopia, Ontario LOM ITO (lOS) 424-9917 Extension 107

fax POS} 424-2367

This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited . if you are not the intended recipient, please contact the sender and destroy all copies of the

original message.

From: Diane Straus Sent: Friday, December 06, 2013 2:44 PM To: Greg Murphy; Heather Rutherford; Cynthia Ross Tustin Subject: RE: 6 Huron Street Angus

Heather and Cynthia I will be off on Tuesday so if you can forward the info to me on Monday I would appreciate it.

Thanks Diane

From: Greg Murphy Sent: Wednesday, December 04, 2013 11:14 AM To: Heather Rutherford; Cynthia Ross Tustin Cc: Diane Straus Subject: FW: 6 Huron Street Angus


STAFF REPORT NO.: FD009-13

DATE: December 17,2013


FROM: Fire Chief Cynthia Ross Tustin

SUBJECT: Master Fire Plan Study

RECOMMENDATION

That Staff Report FD009-13 be received; and

That Council accepts the Township of Essa Master Fire Plan as prepared by Dillon Consulting Limited and that the information and recommendations be used to assist Council to set direction for the next five to ten years and request that a representative from Dillon Consulting present an overview of their report to council.

BACKGROUND: In July 2012 council authorized the undertaking of a master fire plan study through Dillon Consulting Limited in conjunction with neighbouring municipalities. The purpose of the study was to develop a new plan to replace our outdated master fire plan. The new master fire plan will address the myriad of changes that have occurred in the Ontario fire service over the last few years. These changes include amendments to the Fire Protection and Prevention Act and it's regulation Ontario Fire Code, the move from the Ontario Firefighter Curriculum to standards established by the National Fire Protection Association and new risk management documents as part of the Public Fire Safety Guidelines established by the Office of the Fire Marshal and Emergency Management.

COMMENTS AND CONSIDERATIONS: The document is a thorough analysis of the municipality and all divisions of the Essa Fire Department. Present and future councils require an unbiased study of their fire service to set out five and ten year projections that will identify future service levels, operations, equipment. staffing and budget accountability. All of the information is accurate and immediately useful to support the municipality's Asset Management Plan. The recommendations are primarily operational in nature and can be implemented throughout a five (5) to ten (10) year period.

FINANCIAL IMPACT: The plan is complete and has been funded through a combination of 90% development charges and 10% from the operational budget of the fire department. No further funds are required for this project.

SUMMARY/OPTIONS: The Township of Essa Master Fire Plan has been reviewed by staff and found to be complete.

Page 2 of 2 ~FD009-13 Master Fire Plan Study

Council may:

1. Do nothing . 2. Council accepts the Township of Essa Master Fire Plan as prepared by Dillon Consulting

Limited and that the information and recommendations be used to assist Council to set direction for the next five to ten years.

3. Council accepts the Township of Essa Master Fire Plan as prepared by Dillon Consulting Limited and that the information and recommendations be used to assist Council to set direction for the next five to ten years and request that a representative from Dillon Consulting present an overview of their report to council.

CONCLUSION

The Fire Chief strongly recommends item 3, Council accepts the Township of Essa Master Fire Plan as prepared by Dillon Consulting Limited and that the information and recommendations be used to assist Council to set direction for the next five to ten years and request that a representative from Dillon Consulting present an overview of their report to council.


Cynthia Ross Tustin Fire Chief

Attachments: Fire Master Plan

Reviewed by:


STAFF REPORT NO.: PW027-13



FROM: Dan Perreault. C.E.T., Manager of Public Works

SUBJECT: Draft Road Needs Study

RECOMMENDATION

That Staff Report PW027-13 be received; and

That the draft Road Needs Study prepared by Ainley Group be received .

BACKGROUND

In early 2013 the Township contracted Ainley Group to prepare a Road Needs Study to assist with future road construction forecasting and to support the preparation of the Township Asset Management Plan. The study is near completion and presented in draft, as attached separately.


The draft Road Needs Study has documented and collected information, such as; surface type, length, width, etc. on all Township road segments and has rated the condition of each segment based on a visual inspection . The study will be used as a tool moving forward to assist in prioritizing road construction and reconstruction projects and with budget forecasting.

FINANCIAL IMPACT

$20,000 was included in the 2013 approved budget for the preparation of this study, it is not expected that this project will go over the budget amount.

SUMMARY/OPTIONS

Council may:

1. Take no action. 2. Receive the draft Road Needs Study prepared by Ainley Group, or 3. Do not receive the draft Road Needs Study prepared by Ainley Group.

CONCLUSION

Staff Recommends that Option 2 be approved.

1 PWD27-13 t4. Draft Road Needs Study

Respectfully submitted,

Dan Perreault, C.E.T. Manager of Public Works

Attachments:

1. Draft Road Needs Study

Page 2 of 2

Reviewed by,


STAFF REPORT NO.: PW028-13



FROM: Dan Perreault, C.E.T., Manager of Public Works

SUBJECT: Draft Water and Wastewater Condition Assessment

RECOMMENDATION

That Staff Report PW028-13 be received; and

That the draft Water and Wastewater Condition Assessment prepared by Ontario Clean Water Agency be received.

BACKGROUND

In early 2013 the Township contracted Ontario Clean Water Agency (OCWA) to prepare a Condition Assessment on the Township water and wastewater systems to assist with future improvements at the waste water plant and on the water system. The condition assessment will also be used to assist in the preparation of the Township Asset Management Plan. The assessment is near completion and presented in draft, as attached separately.

COMMENTS AND CONS1DERATIONS

The draft Water and Wastewater Condition Assessment has documented and col!ected information on the different components of the wastewater treatment plant and at the water treatment facilities and has rated the condition of each asset based on desk top exercises, visual inspection and operational history. The assessment will be used as a tool moving forward to assist in prioritizing capital replacement of equipment and budget forecasting .

FINANCIAL IMPACT

$12,500 was approved by Council on September 18th, 2013 for the preparation of the condition

assessment, it is not expected that this project will go over the budget amount.

1b

PW028-13

1~raft Water and Wastewater Condition UAssessment

SUMMARY/OPTIONS

Council may:

1. Take no action.

Page 2 of 2

2. Receive the draft Water and Wastewater Condition Assessment prepared by Ontario Clean Water Agency, or

3. Do not receive the draft Water and Wastewater Condition Assessment prepared by Ontario Clean Water Agency.

CONCLUSION

Staff Recommends that Option 2 be approved.


Dan Perreault, C.E.T. Manager of Public Works

Attachments:

Reviewed by,

1. Draft Water and Wastewater Condition Assessment.


STAFF REPORT NO.: CA0035 -13



FROM: Greg Murphy, Chief Administrative Officer

SUBJECT: Ontario Planni ng Journal Article on 2013 Minden Flood

RECOMMENDATION

That Staff Report CA0035 -13 be received.

BACKGROUND

As Council is aware, major flooding events occurred in communities to the north and east of our municipality in the spring of 2013 causing flooding damage to homes and businesses.


Attached is an article taken from the Ontario Planning Journal in connection with the 2013 Minden flood. Please note that the Senior Planner with EcoVue Consulting Services points out that floodplain policies and regulations for flood prone areas should be implemented by municipalities through their Official Plan and Zoning By-law to identify and reduce the risk to persons and property from future flood events.

It should be noted that our current Official Plan (OP) does have Floodplain Management -Angus policies for the Two-Zone Concept that are to be followed. The draft OP proposed by the Ainley Group further refines the said policies for the Two-Zone Concept in this community to bring it in line with updated Provincial Policy.

FINANCIAL lMPACT

Whenever development is allowed to take place in floodplains and a regional flood event occurs, questions are most often raised as to why the municipality would allow development to take place in floodplains. These occurrences put large populations at risk, cause untold damages to property and infrastructure, increased costs for emergency responses and result in social and economic disruption to communities. Additionally, the affected landowners will be looking for compensation from the municipality and others.

SUMMARY/OPTIONS

Council may:

!\

1c.

CA035-13 --rc:..,2013 Minden Flood article

Page 2 of 2

1. Take no further action. 2. Consider accepting and/or supporting stronger Floodplain Management and Protection

policies in the Township's Official Plan that is under review. 3. Receive this report for information

CONCLUSION

Staff recommends that Option NO.3 be approved.

Respectfully submitted)

Greg Murphy Chief Administrative

Attachment: 1. 2013 Minden Flood article in Ontario Planning Journal.

32.

Planning Lessons Learned

2013 Minden flood By Heather Sadler

For the Village of Minden, the spring of 2013 vii!l long be remembered as the spring "when the Gull River rose up over its banks, flooding homes and businesses. The devastation that the flood waters bring is very real,

both in the short term and the longer term. It is one of the few examples illustrating the strength of the natural environment that still manages to render us almost powerless. Short of piling sandbags, there is little we can do except join together to support each other in our time of collective n~ed.

Having said that, there are lessons to learn about hov,; to avoid this level of devastation and despair in the future, through effective official plan policies and zoning b~'-law provisions.

Land use planning policy in Ontario is quite clear about the manner in which new

federal and provincial governments agree not to build or support (e.g., with a financial incentive) any future flood vulnerable development in those areas. New development is not eligible for disaster assistance in the event of a flood1.

Tbe federal agreements require local authorities to zone according to flood risk in designated areas. In Ontario, the Provincial Policy Statement requires municipalities to incorporate flood hazard information into municipal planning through official plans and zoning by-laws.

It was as a result of the 1983 flooding, that flood plain mapping for the Gull River was completed in 1988 under the federal program. The analysis of the extent of the flood risk area associated " ..... ith the Gull River was cakuLated by Paragon Engineering Limited2) based on the most severe storm event

on record for the areadevelopment must be planned to avoid damage from flooding. Protection against damage to property and damage to

FLOOD PLAIN Timmins Storm, August 1961. Detailed mapping of the floodplain was provided to the municipality through the

life and limb are key i r-f---- F'oo<!wly ---.... program. aspects of the natural « ___ _

hazards policies set out ~ o

in the Provincial Policy Statement.

In many ways, these

Provincial policies affecting floodplains

~ policies gre"w out of the ~ A two-zone concept was Identified for the Gull River system

Floodplains are the areas adjacent to rivers which have been or may in death and destruction

caused by Hurricane Hazel in 1954. Other floods, such as the 1974 Grand River flood (Cambridge/Galt), the 1961 Timmins storm, and the 1980 Ganaraska River (Port Hope), also underscore the vulnerability of communities to extreme flood events.

Based on historical photos and recollections of long-time residents of Minden, it is clear that the flooding experienced this past spring is typica] of serious flood events affecting the Gull River and the village. Flooding is documented as far back as 1913, 1928 and 1929, as well as 1943, 1950 and 1983.

Canada-Ontario Flood Damage Reduction Program

In 1975, the federal government initiated a Flood Damage Reduction Program, through Environment Canada, to curtail escalating disaster assistance payments in known flood risk areas) as weD as the rehance on costly structural measures. The program comprises three steps: identify and map flood risk areas; designate these areas as being at risk of flooding and publish Public Information Flood Risk lvIaps; apply policies to discourage future development in flood prone areas identified through the program.

Once a flood risk area is mapped and designated both the

12 I ONTARIO PL4NNING JOURNAL

future be subject to flooding hazards3. Section 3.1 of the 2005 Provincial Policy Statement requires, in part, that development be directed to areas outside of hazardous lands along rivers, streams and small inland lake systems. No develop men tis permitted within the floodway, regardless of whether there are highpoints within the floodTNay that are not susceptible to flooding.

Section 3.1.2 further requires that development and site alteration is not permitted in areas that would be rendered inaccessible during times of flooding (3.1.2 c) and in a floodway (3.1.2 d). The Provincial Policy Statement states that the entire floodplain of river, stream and small inland lake systems is considered to be the floodway unless a nyo-zone concept has been appJied.

Two-zone concept

In some communities, a two-zone concept for flood management purposes is used to provide some measure of flexibility for development. The two-zone concept recognises the inner portion of the floodplain, where flood depths and / or velocities pose a threat to life and/or property damage, as the floodway. No development or site alteration is permitted

within a flood\vay. The outer portion of th~ flood plain is caned the flood fringe. \Vithin the flood fringe, flood depths and velocities are generally less severe than those experienced in the floodway. Provincial policy allows development and site alteration within the flood fringe in communities where a twozone concept has been applied.

A t:¥;·o-zone concept was identified for the Gull River system, based on the federal mapping project completed in 1988.

Minden Hills official plan

The current Official Plan for Minden Hills does not implement the two-zone concept developed through the federal program. Perhaps fear of reduced property values caused by recognizing flood susceptibility, combined with a lack of understanding of the purpose of the two-zone concept, may have prompted the council of the day to recognise only the flood way.

The plan precludes development within the floodway of the Gull River. Regrettably, the official plan does not include any policieS for the use of lands within the balance of the t1oodpl~n (flood fringe) not does its schedule include the flood fringe areas within the floodplain. As a result, current residents and business owners within the flood fringe may not have been aware of the flood susceptibility of their properties, prior to April of 2013. \Vhen th~ quu River overtopped its banks, there was shock and dismay at the destruction caused by the flood waters. Yet it should not have come as a surprise. The furthest extent of the 2013 floodwaters is very similar to the area identified on the federal Public Information Flood Risk f..'Iap. Minden's experience demonstrates that all lands within a floodplain are susceptible to flooding from a regional storm event cnd local official plan policies should reRect this reality.

Minden Hills zoning by-law

The Township of Minden's zoning by-law 06-10 is intended to implement the policies of the official plan. There are, however, a number of technical errors associated with the delineation of the floodplain on the zoning schedules for the Gull River. The by-law includes provisions for a Flood Risk Zone Overlay for the Gull River, south of the Village of Minden . Parts of the flood fringe do not appear on the schedule and are not subject to the implementing regulations, designed to protect property owners.

The by-law also includes a Flood Proofing Zone within the village. The by-law describes this as an overlay zone, which requires building openings to be located above the levels noted in the federal program schedules, The zoning schedules do not include an overlay for the Flood Proofing Zone. As a result, the zoning by-law recognises the extent of the floodway within the Village of Minden, but not the area subject to flooding v-tithin the flood fringe. The failure to identify the full extent of the flood plain leads landowners and others to believe that the extent of flooding is much less than is actually the casco That is, until the river rises.

Conclusion

Flooding is an unpredictable, natural event, much like tornados, grass fires and earthquakes. There is a general agreement that climate change is resulting in more storms and increased severity of storms. Problems arise when development is

permitted to continue in areas which are vulnerable to flooding.

Properties within the floodplain of the Gull River and in other communities across the province must expect that flooding will continue to occur, perhaps more often than it has in the past. Yet, it appears that few residents of flood prone areas understand the potential for damage to their properties from future flood events. In the case of Minden, council members> municipal staff and local residents had little or no understanding of the extent of potential flooding in Minden prior to the 2013 flood. They were not able to rely on their official plan and zoning by-law to identify this risk. By introducing flood plain policies and regulations for flood prone areas, municipalities can begin to reduce the risk to persons and property from future flood events,

Heather Sadler B.A., 1\1.A., lvICIP, RPP is principal and senior planner with EcoVlIe Consulting Services Inc., a nmllly-based planning practice located in Lakefield. She C(lit reached at 705.652.8340 or l1t hsadler@ecol!uecon.w/til1g,com.

Endnotes

1 hctp:l/w .... w.ec.g.:.ca/eau-\</ater 'Environment Canada - Flood Damag~ Reduction Program'

2 Public Tnformation Flood Risk Information Map - Gu;l River - Township of Anson, Hindon & Minden and the Township of Lutterworth. Canada-Ontario Flood Damage Reduction Program, 1988. .

3 Provincial Policy Statement - Definitions pg. 30.

Vol. 28, No.6, 2013113


STAFF REPORT NO.: TR37-13



FROM: Julie Barrett, Treasurer

SUBJECT: 192 Mill Street - Development Charge

RECOMMENDATION

That Staff Report TR37-13 be received for information.

BACKGROUND

At the meeting of Council on December 4, 2013, the Treasurer was asked to provide a report to Council regarding 192 Mill St. The owner of 192 Mill Street wants to complete the building to be used for 6 apartments. The owner purchased this property in October 2007. Development charges are applicable as this redevelopment is growth related.

The following attachments will provide the details surrounding 192 Mill Street:

1. Nov. 27, 2013 - An email from Owners's Lawyer to Councillor White asking about the Development Charge calculation applicable to 192 Mill St. (3 pages)

2. Nov. 22,2013 - Committee of Adjustment Planning & Development Report (4 pages) 3. Nov. 21,2013 - An email from Owner's Lawyer to Treasurer with 2 page written

submission to the Committee of Adjustment. (3 pages) 4. Nov. 14,2013 - Memorandum to Bev Mansbridge, Secretary-Treasurer, Committee of

Adjustment - Application No. A 14/13 ( 4 pages) 5. Nov. 5, 2013 - Notice of Public Hearing of Application No. A 14/13 (with CAO's request

for a recommendation to the Committee of Adjustment). (2 pages) 6. List of non-residential building permits - 2010-0501 4,095 sq. ft. (1 page) 7. Calculation of development charges for Building permit 2010-0501 (1 page) 8. Invoice for payment of building permit 2010-0501 (1 page)

The Owner/Owner's Lawyer does not agree with the calculation of development charges as calculated by the Treasurer.


The Owner's Lawyer indicates that the original house on the property had 4 apartments in it and therefore he calculates that development charge credits equal to 4 apartment units would be available to apply against the applicable development charges for 6 apartment units. The Treasurer has calculated that development charges are applicable for 6 apartment units less a credit for the demolition of the house and less a credit for the non-residential development charge paid in 2011 on building permit 2010-0501. (371 sq. ft.)

TR37-13 Page 2 of 3 ~192 Mill St Development Charges

The Township non-residential development charge paid in 2011 was calculated for a 371 square foot addition = $4389.44. This calculation was based on information from the owners architect in October 2010; however the building permit was not issued until August 2011. The existing house was 926 square feet. The new building at 192 Mill Street is 4095 square feet. It appears that the Township of Essa did not receive the correct amount of non-residential development charges when the 4095 square foot building was built.

Demolition permit #2010-0497 indicated 1 dwelling unit and 1 garage. The demolition permit did not say the demolition of 4 apartments in a house. The development charges by-law defines "Apartment dwelling" and "Dwelling unit" as indicated in attachment no. 4. The Assessment Roll for 2007, 2008, 2009 and 2010 lists four tenants and four residential units. The assessment on the house from 2007 to 2010 ranged from $170,000 to $195,000. It is not reasonable that 4 apartments (as defined in the Development Charges By-Law) existed in this house.

The Manager of Planning & Development indicates there was evidence that this property had contained 4 apartments since 1990 and a zoning exception was permitted for 4 apartments on this property. The evidence is former Council reports and landowner statements. The property file did not have building permits for 4 apartments.

Permitted zoning under the Planning Act does not dictate the development charge calculation. Development charges are calculated and collected according to the Development Charges ByLaw.

FINANCIAL IMPACT The Owner's Lawyer is using 1 bedroom apartment as the unit type. If a building permit is taken out, DC's owing on six 1 bedroom apartment units, with applicable credit is $55,100.59 as per current DC rates. The Owner's Lawyer indicates the development charge should be $23,904.56 as per current DC rates. [DC rates are subject to annual indexing effective January 1.]

SUMMARY The Treasurer's office has calculated development charges outlined in Attachment 4 based on

the following information:

1. It is not reasonably that four apartment units existed within the house according to the

definitions of "apartment dwelling" and "dwelling unit" of the Development Charges By

law)

2. Non-residential development charges were paid for an addition of 371 square feet.

Building permit 2010-0501, taken out in August 2011 was for a building of 4095 square

feet. According to the Manager of Planning & Development, non-residential

development charge credits were given to that which was demolished. Building size

was provided by the owner's architect.

3. 4095 square fooU380 square meters x $127.23 = $48,347.40 Township Non

residential development charges were paid in the amount of $4,389.44 with building

permit 2010-0501 in August 2011.

4. It would seem that Development Charge credits where given with the development

charge paid on building permit 2010-0501 for the new non residential construction in

2011.

TR37-13 192 Mill St Development Charges

Page30f3 ~

5. It appears that the owner's architect did not update the Manager of Planning &

Development so that accurate development charges could be calculated in 2011.

6. The building department has done inspections in 2013 under permit # 2010-0501.

7. The applicant requested a minor variance to complete the building for 6 apartment units. 8. Development charges pay for growth related capital costs in the Township. Completion

of 6 apartment units in 4095 square feet is growth.

9. It appears that development charge credit was provided on the calculation of

development charges with building permit 2010-0501. These credits cannot be

provided again. That would be double dipping.

10. In order to give the owner the benefit of the doubt, the Treasurer is giving 1 single

residential unit development charge credit, since it is not clear that this credit was

applied in 2011 (for the demolition of the house) and credit for the amount of non

residential payment made in 2011.

OPTIONS Council may:

1. Take no further action 2. Receive the report for information .

3. Receive the report for information and advise the applicant that they may appeal the

payment of development charges to Council according to Development Charge

legislation.


JU/i9'arrett Treasurer

Attachments:

Reviewed by:

Nov. 27, 2013 - An email from Owners's Lawyer to Councillor White asking about the Development Charge calculation applicable to 192 Mill 8t. (3 pages)

Nov. 22, 2013 - Committee of Adjustment Planning & Development Report (4 pages)

Nov. 21, 2013 - An email from Owner's Lawyer to Treasurer with 2 page written submission to the Committee of Adjustment. (3 pages)

Nov. 14, 2013 - Memorandum to Bev Mansbridge, Secretary-Treasurer, Committee of Adjustment - Application No. A14/13 (4 pages)

Nov. 5, 2013 - Notice of Public Hearing of Application No. A 14/13 (with CAO's request for a recommendation to the Committee of Adjustment). (2 pages)

List of non-residential building permits - 2010-0501 4,095 sq. ft. (1 page)

Calculation of development charges for Building permit 2010-0501. (1 page)

Invoice for payment of building permit 2010-0501. (1 page)

OaIf you agree, I am fine wilt telling Jamie Gilmore that his right is to appeal to all of council in a regular meeting l7'\genda.

Thoughts?

Keith

Keith White Angus Borden Music & Entertainment 5 Fraser Street Angus, Ontario LOM IBO 705-424-27)7

---------- Forwarded message ----------From: Gilmore, Jamie <[email protected]> Date: Wed, Nov 27,2013 at 2:33 PM Subject: Discussion: A Question for you in your Councillor Capacity I Re 192 Mill St., Angus To:

Hi Keith,

A client of mine by the name of has totally renovated the property at 192 Mill Street, Angus. As you are probably aware, it used to be a rather dilapidated house that had for apartment units in it. Bruce has renovated the structure into a beautiful building.

We have run into a bit of an issue with Julie Barrett at the municipal office and I thought I should connect with you in your capacity as a municipal councillor.

When the building was originally proposed for renovation, the building permit application specified motel units . Once the building was completed, the building Department indicated that the units as constructed (in accordance with the building permit application) are actually better suited as one bedroom apartments rather than motel units. As I was not involved in the building pennit application process, I'm not sure why this is the case.

The building has not been occupied since it was renovated. As I understand it, until the building permit is clarified the final inspection can't occur so no occupancy is permitted.

The planning Department supported an application for minor variance to allow the structure as 6 one bedroom apartments . A question that arose during the process was how to dea1 with the development charges.

As you are probably aware, the development charges bylaw for the Township provides for credits for any existing structure that is demolished and replaced with another structure. In this case they were for apartment units it existed before and there are now for apartment units. It seems pretty clear to me that my client should receive credit for the existing four apartments, so he should only have to pay development charges for the two new apartment units.

The treasurer, Julie Barrett, does not agree with my calculation of the development charges. She was kind enough to meet with Colleen Healy and I several weeks ago and we thought that we had a meeting of the minds. Unfortunately it appears we do not.

I appeared at the committee of adjustment last Friday with ' rulie had prepared a report for the committee of adjustment asking that they impose development charges as she calculated them. Fortunately the committee of adjustment agreed that they are not the proper body to be setting the amount of development charges and did not make a detennination of the amount of the developing charges to be paid.

We will still have to deal with the amount of development charges, but 'here is, in effect, a right of appeal from an

assessment of development charges to municipal Council. I am actually hoping that communicating with you might assist us in actually avoiding having to take that step.

I am attaching lulie's submission to the committee of adjustment and mine in response to hers. I am also attaching Colleen's report.

I am wondering if I might be able to speak with you in relation to this issue after you have had a chance to attempt to digest the contents of this email.

If you want to call me you can reach me at 705-817-3878

~s

~mie Gilmore i [email protected]

(705) 435 4339, ext. 224 This message (including attachments, if any) is confidential, may be privileged and is intended for the abovenamed recipient(s) only. If you have received this message in error, please notify me by return email and delete this message from your system. Any unauthorized use or disclosure of this message is strictly prohibited.

Many of my emails are prepared using voice recognition software. Although this software does not misspell words, it periodically misinterprets speech. Please forgive any voice recognition idiosyncrasy that I might not have caught in my editing. It sometimes helps in interpreting to read the email out loud.

Application: Owner: Address: Legal: Roll No.: Meeting Date:

BACKGROUND:

Committee of Adjustment PLANNING & DEVELOPMENT REPORT

A 14/13 Northern Diversified '92 Mill street Part Lot 31 & Lot 33, Plan 1330 010-004-20600 November 22, 2013

Application A 14/13 proposes to ollo'vv 2 additional apartments beyond the 4 permitted apartments on this proper1y.

192 Mill street is zoned as Core Conlrnerc:al Exception One (C2-1) Zone which permits for commercial uses a.nd/or up to 4 apartments by Zoning By-law 2003-50. It should be noted that the Township cr\3ated this zoning exception in 2003 since there was evidence that this prop(~rty had contained 4 apartments since about 1990.

The current landowner purchased 192 [",\ili Street in 2007 ond has Vv'orked avvay to portiolly dernolish and renovots ~he former home (and demolish the detached garage) into 6 rental suites (the former detached garage was removed entirely, and a portion of the forrner 926 square foot house was demolished and replaced with a 371 square foot addition). The same company owns the motel to the immediate south and in behind. It was thought that there is a demand for a suite-type hotel/rnotel for those wishing to stay longer than just one night. Thus the renovation project started out in 2009/2010 as a means to add to the short term rental stock in the area, to serve military personnel coming in for a few weeks at a time and v/anting a room with a kitchenette.

The owner had sought out permission for such and proceeded to renovate relying on shared parking allowed by the Committee of Adjustment through Application B3/10. Also through B3/10, the County of Simcoe had commented and had convinced the owner to combine the two separate entrances into one shored entrance leading to the shored parking.

Now, on final inspection of the premises, or near to it the Building Department has commented that the suites have not been constructed as motel units but rather as apartment (residential) rental units, and as such, the building and its units should be considered as residential units from a zoning perspective. This is

due to different Code requirements for motel suites versus residential apartments. As mentioned above, the Zoning By-law zones the property as C2-1 which allows for either unlimited commercial motel units or 4 residential apartments. This has given cause for the current planning application A 14/13 requested to assist with the residential permission component of the permitted uses.

COMMENTS AND CONSIDERATIONS:

In considering any minor variance request the Committee should consider the 4 tests of granting a minor variance.

1. Does the minor variance comply with the Official Plan? The Official Plan designation of the land is Commercial. It is, in fact, Council's intent that all of Mill Street be developed as the core commercial centre for Essa. That being said, the new trend is to intermingle residential with comrnercial much the same as in traditional downtowns of earlier years - buildings with shops on the ground floor and residential units above in amongst buildings solely devoted to commercial or residential use. It is now known that residential units in a downtown help to financially support businesses. inject !i~8 end energy into retail strips at all or varying hours beyond just traditional business hours, and provide for a safety level in retail strips. This new \NOVe of mixed uses can also be used as a means of intensification and v/ouid seern to be something that Council would support given that they have directed the ~~~unicipal Official Plan Consultant to draft policy allowing such on Miil Street.

Nlixed uses on Mill Street would support our downtown merchants and allow Essa to strive to meet new intensification targets of the Province. This office supports the mixed use concept and this area as one where intensification policies could easily be applied. This can be given consideration, although for the time being, one must rely mostly on the existing Official Plan classification, that of Commercial. The area is supposed to be predominately used for the buying or selling of goods. Note, however, with that being said, the Zoning By-law has legalized a residential use here.

2. Does the minor variance comply with the Zoning By-law? The Zoning of the property permits for residential apartments by way of an exception to the C2 (Core Commercial) Zone. Legalizing 2 additional apartments, beyond the permitted 4, could be viewed as complicating the issue of a residential use in a Commercial area, if not for the generally accepted trend in planning and Municipal support of mixed uses and intensification on Mill Street. In the case at hand, the direction of the Municipality would seem to be lending itself to allowing for this type of use and this can be weighed into consideration of the tests. All setbacks and standards of the Zoning By-law are met with the

existing building and with the previous Committee permission to allow for a shared entrance and parking.

3. Is the minor variance in keeping with the character of the neighbourhood? Mill street and the area is a mixture of uses at present. The building, whether a motel or a residential apartment building, seems to fit into the area. At first, many people seemed worried about the new construction, and its height, and questioned whether it would blend in with the one storey bulldings around. The building does seem to be acceptable now, more so with the finished product, and looks quite nice in fact. No one would really know from the exterior how many units are contained within. Nor does there seem to be an issue with this si1e being too dense. Furthermore, this office is not aware of any issues having arisen from the sharing of an entrance or parking with the motel.

4. Is the variance minor? This office believes the application to be minor.

OTHER COMMENTS:

• The building has been constructed already and does not lie in the area which is Regulated by the NVCA.

• The County may "vish to comment. • The property is governed by a site plan which was subrnitted and

approved in 2010. • The applicant should now be expected to pay development charges at

the residential rates, and may also expect an adjustment to be made by MPAC - refer to the Memo of the Treasurer and CAO.

• The applicant should continue to comply with both the Building and Fire departments.

• The landowner is asked to contribute to the Township's efforts to revitalize/rejuvenate Mill Street and plant at least one IIstreet tree\! along the frontage of the property in a size and to the standard as provided for concerning boulevard trees in the Municipal Engineering Standards.

CONCLUSIONS:

This office supports the requested minor variance subject to conditions as listed in bullet form above.


C~0'i .l.tct/{J-Cf Colleen Healey, MCIP, RPP

Manager of Planning and Development

History of 192 Mill Street

On review of the property file associated with 192 Mill Street, it would seem that the following has occurred over time.

1986 • Severance of 1 '12 storey residence and detached garage from the

Highway 90 Motel • Use of 192 Mill Street for rental apartment purposes

1991 • Acknowledged by Council as containing 4 apartments

2003 • Zoning By-law update to accommodate for 4 apartments with C2-1

Zoning

2007 • Purchase of 192 Mill Street by Northern Diversified Ltd.

2010 • Granting of easement for shared driveway and parking with motel • Demo and renovation of house/garage to add to motel business

2011 • Construction of 6 new rental units

2013 • Building Department considers as long-term rental not short-term as per

Building Code, thus need for Zoning/Minor Variance consideration for permission of 2 additional apartments

• Committee of Adjustment consideration of application A 14/13

Julie Barrett

From: Sent: To: Cc: Subject: Attachments:

Julie,

Gilmore, Jamie [email protected]] November 21,20138:37 AM Julie Barrett Colleen Healey Discussion: 192 Mill Street DC's I Meeting Next Week Thursday at 9 AM? C of A Submission.docx

Thank you for circulating your report to me. Attached is a summary of the position I \vill put to the C of A, if they think the DCA Charges are properly the subject of a condition on a Minor Variance Application.

Jamie Gilmore i amieia{gilmores.ca

(705) 435 4339, ext. 224 This message (including attachments, if any) is confidential, may be privileged and is intended for the abovenamed recipient(s) only. If you have received this message in error, please notify me by return email and delete this message from your systen1. Any unauthorized use or disclosure of this message is strictly prohibited.

Many of my emails are prepared using voice recognition software. Although this software does not misspell words, it periodically misinterprets speech. Please forgive any voice recognition idiosyncrasy that r might not have caught in my editing. It sOlnetimes helps in interpreting to read the email out loud.

On 14 November 2013 10:38, Julie Barrett <I barrett(a),essatownship.on.ca> wrote:

Good Morning Jamie,

RE: 192 Mill Street - Comnlittee of Adjustment Application N. A14113

Since the meeting on Thursday, October 24, 2013 with yourself, Colleen and myself, I have researched Building Pennit #2010-0501 and #2010-0497 further.

Attached is a copy of a submission fron1 Inyself and Greg Murphy to Bev Mansbridge, Secretary-Treasurer of the Committee of Adjustment.

We feel strongly that our recOlnmendation to the Committee of Adjustment to in1pose this condition is the proper requirenlent for payn1ent of Residential Developlnent Charges for the use of a six unit apartlnent building, given what has transpired over the years.

We wanted to allow you the opportunity to review this recommendation.

Yours truly,

Julie Barrett, Treasurer

192 Mill Street Minor Variance Application - Submission on behalf of Property Owner (Applicant)

HISTORY OF PROPERTY

• Zoning o Zoning for the neighbourhood is C2

o Zoning for subject property is (2-1, which is a site specific zoning to recognize the

existing use of the property at the time the Zoning By-Law was passed, being 4

apartments

• Redevelopment

o Current Owner bought the property in 2007. It was in terrible condition.

o The Owner proposed to demolish the existing 4 apartment building and replace it with

6 units, each having 1 bedroom

• The Building permit application was submitted describing the units as motel

units, as that appeared to best describe the new structure . There is very little

difference between motel units and Bachelor apartments from a Building Permit

perspective;

The building as constructed complies with the structure proposed in the

Building Permit application. It has been determined that certain aspects of the

construction are such that the units are better described as 1 Bedroom

Apartments than Motel Units. It is unclear if that is as a result of changes to the

Building Code.

o No portion of the reconstructed building has been occupied since the redevelopment.

• It appears that the Building Permit applied for should have been for apartments

and not motel units. If the requested Minor Variance is approved, the Owner

intends to re-submit the building permit application and have occupancy permit

issued under the new permit. The current building permit is proposed to be

cancelled.

• Development Charges By-law • Credits - S. 8 of the Development Charges Bylaw

• (1) A credit shall be allowed ... provided a building permit has been

issued for the development or redevelopment within five years from

the date of the demolition permit . .. related to the demolition of a building or structure on the site has been issued . . . (emphasis added)

• (2) The credit shall be calculated . .. based on the number of dweJJing units demolished . ... multiplied by the applicable residential

development charge in place at the time the development charge is

payable ... (emphasis added)

Development charges already paid

• The Development Charge paid at the time of building permit application to be refunded when new building permit issued and original cancelled .

Amount paid was $4,389.44

New development charges payable

• Should be based on the DC's in effect at the t ime the building permit,

but Owner is agreeable to using current DC's

• See following tables for calculations

Township of Essa - Angus area Development Cha e, based on A artments Bachelor or 1 Bedroom

Residential 6 units $8,110.00 per unit $48,660.00

4 units per unit

County of Simcoe Development Cha e based on Apartment

Residential 6 units $4,278.00 per unit

Less Residential credit 4 units S 4,278.00 per unit

Net Development Cha

Townshi of Essa - Angus area Development Charge, based on Residential Unit

Residential 6 units $1,759.00 per unit

Less Residential credit 4 units

Net Development Charge

Total Development Charges

payable

less amount paid in error

Development Charges now

payable

Submitted by:

Gilmore and Gilmore Law Office 458 Victoria St. East

Alliston, Onto L9R lVS

ATIENTION: James M. Gilmore

$ 1,759.00 per unit

$28,294.00

4389.44

$23,904.56

$25,668.00

$

$10,554.00

$

5786 Simcoe County Road 21 Utopia, Essa Twp, Ontario LOiYI ITO

Wh~tJwn and Country Mett

MEMORANDUM

Telephone: (705) 424-9770 Fax: (705) 424-2367

\Veb Site: www.essatownship.on.ca

TO: Bev Mansbridge, Secretary-Treasurer, Committee of Adjustment

DATE: November 14,2013

FROM: Julie Barrett, Treasurer, Township of Essa Greg Murphy, CAO, Township ofEssa

SUBJECT: Application No. A14113

RECOMMENDATION: It is recommended that the Committee of Adjustment impose a condition on this application so that the applicant will pay Township of Essa, Simcoe County and School Board Residential Development Charges for six apartment units less credit of Township of Essa, Simcoe County and School Board NonResidential Development Charge calculated on 34.5 square metres, (converts to 371 square feet) and less credit of Township ofEssa, Simcoe County and School Board Residential Development Charge for one single family dwelling demolished under building permit #2010-0497.

LEGISLATION: The Developluent Charges Act, 1997 and O. Reg. 82/98 are the governing legislation for collection of residential and non-residential development charges for the purpose of funding capital projects related to development throughout Essa Township. Council of the Township ofEssa passed Development Charges By-Law 2013-60 effective September 18,2013, \vhich repealed Development Charges By-Law 2008-82. The County of Simcoe and the School Boards also have Development Charge By-Laws.

EXCERPTS FROM TO\VNSHIP OF ESSA BY -LA \V 2013-60: DEFINITIONS

1. In this By-law,

(4) "Apartment dwelling" means any residential unit within a building containing three or more dwelling units where access to each residential unit is obtained through a common entrance or entrances from the street 1evel and the residential units are connected by an interior corridor and shall include dwelling units contained above or as part of corrunercial buildings;

(13) "Dwelling unit" means a room or suite of rooms used, or designed or intended for use by, one person or persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such person or persons;

(24) "Redevelopment" means the construction, erection or placing of one or more buildings or structures on land where all or part of a building or structure has been previously demolished on such land, or changing the use of a building or structure from a residential use to a non-residential use or from a non-residential use to a residential use, or changing a building or

~l

4. (1)

structure from one fonn of residential use to another form of residential use or from one form of non-residential use to another fonn of non-residential use;

APPLICABLE LANDS

Subject to subsection (2), development charges shall be calculated and collected in accordance with the provisions of this By-law and be imposed on land to be developed or redeveloped for residential and non-residential use, where the development or redevelopment requires:

(ii) the approval of a minor variance under Section 45 of the Planning Act, R.S.O. 1990, C.P .13;

DEVELOPi\·'lENT CHARGE CREDITS

8. If development or redevelopment involves the demolition of and replacement of a building or structure, or the conversion of one principal use to another:

9.

(1) A credit shall be allowed against the development charges otherwise payable, provided that a building permit has been issued for the development or redevelopment within five years from the date the demolition permit or other planning approval related to the demolition of a building or structure on the site has been issued, whichever date is earlier;

(2) The credit shall be calculated:

(a) for any portion of a building or structure used for residential uses, based on the number of dwelling units demolished and/or converted, multiplied by the applicable residential development charge in place at the time the development charge is payable; and/or

(b) for any portion of a building or structure used for non-residential uses, based on the total floor area of the building demolished and/or converted, multiplied by the current non-residential charge in place at the time the development charge is payable.

(3) The credit, can in non case, exceed the amount of the development charge that would otherwise be payable.

TINlli'lG OF CALCULATION AND PAYl\-IENT

(2) Subject to subsection 9(3) of this By-law, if development or redevelopment does not require a building pennit but does require one or more of the actions described in subsection 4(1) above, development charges shall be paid prior to the granting of approval for any action required under subsection 4(1) of this By-law;

NON RESIDENTIAL DEVELOMENT CHARGES PAID WITH BUILDING PERMIT #2010-0501:

Building Permit #2010-0501 was issued in 2011 for construction ofa new 4,095 square foot (converts to 380.44 square metres) Motel, being a commercial building subject to Non-residential Development Charges. Non-residential Development Charges were paid at the time that this pennit was issued, based on information provided by an architect in October 2010, for an addition of371 square feet (converts to 34.5 square metres). The development charges collected on building permit #2010-0501 were incorrect based on the actual size of the new construction. Building Permit # 2010-0497 was issued for the demolition of a house and garage on this property prior to the new construction. This demolition permit did not identify a four unit apartment building. The house that was demolished did not have the gross floor area and facilities to meet the "Apartment dwelling" definition for four apartments. Development Charge credit for the use of 4 apartment units does not qualify under the definition of "dwelling unit". [Sec 1 (4) & (13) By-Law 2013-60] Residential credit for a single unit is still available since the demolition was less than 5 years ago from this date.

The con'ect Township of Essa non residential development charge for building permit #2010-0501 should have been calculated based on the total gross floor area of the new construction less residential credit for one single fatnily dwelling. The correct Township ofEssa Non Residential charge at the time of building permit issuance would have been $53,276 less Residential credit of $29,318 for a total development charge of$23,958 as opposed to the incorrect charge that was paid of$4,389.44. Simcoe County and School Board charges were also calculated on the incorrect gross floor area. The time to appeal an incorrect development charge calculation has passed.

CURRENT DEVELOPMENT CHARGE CALCULATION \VITH CREDIT:

The application before the Committee of Adjustment requests pennission for a six unit apartment building. A residential development charge is applicable to these lands since there is a conversion of use from commercial (Motel) to residential (6 apartment units). [Sec 4(l)(ii) of By-Law 2013-60] Currently this building is not completed, is not hooked up to water and sanitary sewer services and no one is living in the building. The use of this building is considered to be Motel as applied for on Building Permit # 2010-0501. A non-residential credit is applicable; however the non-residential credit applied should not be greater than the development charge that was paid with Building Permit # 2010-0501 [Sec 4(1)(ii) of By-Law 2013-60] One single unit Residential Credit is applicable since this credit was not applied when building permit #2010-0501 was issued. The Development Charge can be imposed and payment required as a condition of the Committee of Adjustment. [Sec. 9 (2) of By-Law 2013-60]

Township of Essa - Angus area Development Charge, based on Apartments 2+ bedrooms

Residential 6 units $ 11,OO4.00/unit $ 66,024.00

less Non-Residential credit 34.5 sq. m. $ 89.88/sq. m. $- 3,100.86

Less Residential credit 1 single detached unit $ 17,S15.00/unit $- 17,515.00

Net Development Charge $ 45,408.14

OR

Township of Essa - Angus area Development Charge, based on Apartments Bachelor or 1 bedroom

Residential 6 units $ 8,llO.00/unit $ 48,660.00

Less Non-Residential credit 34.5 sq. m. $ 89.88/sq. m. $- 3,100.86

Less Residential credit 1 single detached unit $ 17,515.00/unit $- 17,515.00


County of Simcoe Development Charge, based on Apartment

Residential 6 units $ 4,278.00/unit $ 25}668.00

Less Non-Residential credit 34.5 sq. m. $ 30.73/sq. m. $- 1,060.18

less Residential credit 1 single detached unit $ 6,172.00/unit $- 6,172.00


Township of Essa - Angus area Development Charge, based on Residential Unit

Residential 6 units $ 1,7S9.00/unit $ 10,554.00

Less Non-Residential credit 371 sq. ft. $ 0.47/sq. ft. $- 174.37

Less Residential credit 1 unit $ 1,759.00/unit $- 1,759.00

Net Development Charge $ 8}620.63

34)D

CONCLUSION:

Subject to the type of unit and such other information as becomes available, the total development charge for all agencies is $72,464.59 if the apartments are 2+ bedrooms and $55,100.59 if the apartments are bachelor or 1 bedroom. One of these amounts would be the payment required as a condition of the application.

Respectfully Submitted,

Julie Barrett, Treasurer

hltreasury/finance/development chargeslreportlmemo CofA No. A 14-13

~tion of the Township of Esso 5~ County Road 21

Telephone: (705) 424-9770 Fax: (705) 424-2367

Web Site: www.essatownship.on.ca Utopial Ontario LOM lTO '/) c: p c~~~~h ?

Where To,;\-'!l and Country Meet

NOTICE OF A PUBLIC HEARING OF APPLICATION NO.A14/13

TAKE NOTICE that an application has been submitted for a minor variance to general Zoning By-law No. 2003-50 J as amended, for property located at Pt Lots 31 & 33, Plan 1330, Pt 1 of Plan 51 R-19535 known as 192 Mill Stre-et, as shown on the attached sketch. The minor variance would provide relief of By-Law No. 2003-50 requirements by permitting a six unit apartment building within the Core Commercial (C2-1) Zone, where only a four unit apartment building is allowed.

AND FURTHER TAKE NOTICE that the Committee of Adjustment has -~PP~!~~,~,9 , ~r~~ay, November 22J 2013 at approximately 10:00 a.m. for the purpose of a public hearing into this application, to be held in the Council Chambers of the Essa Administration Centre, which is located at 5786 County Road 21 (approximately two (2) miles east of Baxter).

You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. You may make a written submission through the Secretary-Treasurer. If you \Nish to be notified of the decision of the Committee of Adjustment in respect of this application. you must make a written request to the Committee of Adjustment at the address shown above. Any person may appeal this decision within 20 days to the Ontario Municipal Board.

This application is not being submitted in conjunction with any other application. Additional information about this application can be obtained by contacting the Secretary-Treasurer during regular office hours _

DATED this 5th day of November. 2013.

l -"" J. ':' ;

/':J . /fI(d1,;!y(fU-eiy: ___

Bev Mansbridge, Secretary-Treasurer, Committee of Adjustment'-'f:'\

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Minor Variance Application A 14/13 192 Mill Street, Angus

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Non-residential Building Permits

,---------

Owner / Applicant Permit # Pro[2osed Work Area of Bldg. 2008

- -, 2008-0023 CRS~uil2ment Service New building on lot 3,550.80 s~ ft 2008-0485 Ontario Vipassana 1 .5 storey residential 789.00 m2

Foundation dormitory Iboord house 2009 --

2009-0061 !8903 Propert ies construct transfer 80 x 120 i Inc. facility /building I

2009-0403 8903 Properties Inc. Scale house 960 sq ft 2010

·,.~0 1-0-0G3-4--. . .-~.----- -N-ev/-SF8-------~----- -2;62-5-s'Cl-ft---2010-0023 1588593 Ontario Ltd. Wood Framed, 3 Storey,

30 Unit Apartment Building 20 1 Bedroom

, 10 2 Bedroom 2011

_ ... -

2010-0501 Construction of New 4,095 sq ft Buildinq, 6 Rental Suites

2011-0355 Munro Ltd. Gatehouse 3,218.41 sq ft 2012

r---' -

\16,000 sq ft 20 12-0361 Barrie Industrial Holdings Garage/Warehouse! Office I

2012-0425 Ontario Vipossana Assembly Hall [10,358.66 sq It I Foundation I

I .. I : . j ~, ,I l. . .. ~ . "

Colleen Healey

Fro.m: Sent: To: Subject:

Hi Colleen,

Steve Charron [[email protected]] October 4. 2010 4:36 PM Colleen Healey RE: Motel 90

Yes, the area of the addition is 371 sf.

Steve

From: Colleen Healey [mailto:chealey@essatownship,on,ca] Sent: Monday, October 04, 2010 4:24 PM To: Steve Charron Subject: Motel 90

Hi Steve

~OIO-O SOl

.. -."- .. ----~-,.,

(GnW1 \. ./

I am approving the planning portion of the building permit which is still in review, ... 1 will be putting it on Heather's desk

for her return to office later this week (OBDA conference on-going right now).

I am taking a guess here and was hoping that you could help me out, for purposes of calculating development charges.

Are you renovating 926 sf but adding 371 sf? If so, then I calculate development charges on 371 sf. Thanks for your

assistance.

Colleen Healey,

Manager of Planning & Development,

Essa Township

ch [email protected]

705-424-9917 ex. 108

In/ormation transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privNeged material. Any review, retransmission, dissemination or other use ot or toking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.

x }dll~3

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j 11

I ownsnlp OT t:ssa

5786 County Road 21 Utopia, Ontario, LOM 1 TO

INVOICE Tel.: (705)424-9770 Fax.:(705)424-2367

Date: Invoice #:

!re Town and Country Meet

Bill to: Terms: Account Number:

18/08/2011 IVC00000000015199 DUE UPON RECEIPT NORTH 00 0 9 2010-0501 _ BERCZY STREET

~ARR I E ON L4M 3P5

m Number Description

BBLDG BUILDING & PLUMBING PERMIT DCED EDUCATIONAL DEVELOPMENT CHARGE LOT GRADING DEP LOT GRADING DEPOSIT WPERM WATER PERMIT DCSC DEVELOPMENT CHARGE SIMCOE COUN TY A TO BE ALLOCAT ED - -r vv'5p.

iT included in the item price iT Regisration #:

yment Terms:

DC's

~ase remit payment payable to the TOWNSHI P OF ESSA. iii cheque to Township of Essa

5786 Simcoe County Road 21 Utopia, ON I LOM 1 TO

Jrop box is available for cheques only at the lower level trance of the Essa Administration Office . administraion fee of $20.00 is charged for returned cheques .

PO Number:

Quantity Price Amoun

1 . 00 $3,948.5 4 $3,948 . . 1.00 $85.33 $85. 1 .00 $1,000.00 $1,000.1 1.00 $75.00 $75.1 1.00 $646.19 $ 646. 1. 00 $4, 389.4 4 $4,389.·

PAYABLE UPON RECEIPT

Subtotal: $10,144.50

GST:

PST:

Total: $10,144.50

Payment: Amount Owing:

This is your account:





FROM: Jeff Brydges, Deputy Treasurer

SUBJECT: Asset Management Plan, Draft

RECOMMENDATION

That Staff Report TR38-13 be received; and

That Council receive the draft Asset Management Plan for discussion purposes; and

That Council consider setting a Special Meeting on , 2014 to further review the Asset Management Plan and provide direction to staff regarding the contents of the plan.

BACKGROUND

The Province of Ontario, through the Ministry of Infrastructure, requires the municipality to prepare an Asset Management Plan and have set a deadline of December 31,2013 for completion of the plan. The plan must be available to the public by posting on the Township's website by May 31,2014. The expectation is that all future grant applications will be tied to, or conditional upon, completion of a Plan. It is further expected that critical infrastructure needs identified and documented through the Plan process will receive higher priority over other grant applications. "Asset management planning will allow needs to be prioritized over wants."

A detailed Plan requires:

• Executive Summary

• Introduction

• State of Local Infrastructure

• Expected Levels of Service

• Asset Management Strategy

• Financing Strategy

S1 ..

Page 2 of 3

~ TR38-13 Asset Mgmt Plan Draft Dec 18 2013 ------------

During 2013, staff have been working on the attached draft Plan [attached]. As input to the Plan, a number of supporting documents have been, or are in the process of being, prepared. These documents include:

• Township of Essa Building Condition Assessment for Angus Recreation Centre and Thornton Arena Banquet Facility, Ainley Group, November 2013

• Township of Essa Water and Wastewater Condition Assessment, OCWA Engineering Services, November 25, 2013

• Township of Essa Fire Master Plan, Final Draft Report, Dillon Consulting Limited, November 2013

• Township of Essa Roads Needs Study, Draft Report, Ainley Group, October 2013

A number of other previously completed documents are also being relied upon in preparing the Plan. These documents include:

• Bill 174 Cost Recovery Study Report Component No. 1 Management Plan for Township of Essa Water 7 Wastewater Services, Ontario Clean Water Agency, November 2004

• Bill 175 Cost Recovery Study Report Component No.2 Final Cost Recovery Plan for the Township of Essa, Sharratt Water Management Ltd., September 2,2005

• Township of Essa Drinking Water System Financial Plan, Sharratt Water Management Ltd., August 29, 2011

• Township of Essa Municipal Structure Inventory and Inspection 2012 Report, AECOM, February 2013

• Township of Essa Development Charges Background Study, Hemson Consulting Ltd., August 20, 2013


The Township has an infrastructure deficit. The Plan looks to identify, quantify, and address it.

The Plan and supporting reports identify, among other things, the critical infrastructure needs of the Township.

The Plan is only a plan, that is, it is not a budget. Projects will still require approval through the annual budget process.

Staff need to further analyze the reports as they are completed and integrate them into the Plan. Asset management strategies and Financing strategies then need to be further developed.

Staff are seeking the direction of Council to further develop the Plan.

FINANCIAL IMPACT

Implementation of the Asset Management Plan will have an impact on future annual budget submissions which in turn will have an impact on municipal services, infrastructure management, local municipal property tax rates and user rates.

TR38-13 Asset Mgmt Plan Draft Dec 18 2013

SUMMARY OPTIONS Council may:

1. Take no action.

Page 3 of 3

2. That Council receives the draft Asset Management Plan for discussion purposes; and That Council consider setting a Special Meeting on , 2014 to further review the Asset Management Plan and provide direction to staff regarding the contents of the plan.

3. That Council receives the draft Asset Management Plan for discussion purposes. 4. That Council receives the draft Asset Management Plan; and directs that Staff continue

to develop the Plan for completion as soon as possible.

CONCLUSION

The draft Asset Management Plan is made available at this time for Council's input and direction. Staff recommends that Option No.2 be approved.


Jeff Brydges r ) (J Deputy Treasurer

Reviewed by:

O~· L~(l/v~ Julie B$rrett Treasurer

Reviewed by:

Greg Mur CAO

Attachment: Township of Essa, Asset Management Plan, for the Ten Year Period from 2014 to 2023, Working Copy for Discussion Purposes, draft December 18, 2013 [107 pages]


STAFF REPORT NO.:




SUBJECT: Request to write off uncollectible amounts

RECOMMENDATION


That uncollectible invoices in the amount of $2,665.00 for fire department costs relating to motor vehicle accidents be written off; and

That the uncollectible invoice in the amount of $798.65 for animal control costs be written off; and

That the uncollectible invoice in the amount of $171.17 for roadside repairs costs be written off.

BACKGROUND

The Fire Department provides information to the Treasury department to invoices insurance companies for fire department costs relating to motor vehicle accidents. At the end of November 2013, the revenue collected for reimbursement of fire costs relating to motor vehicle accidents is $38,065

There are five invoices that remain uncollected due to insufficient billing information. The police reports do not provide sufficient information in order to collect from the insurance company. If the insurance company denies the claim citing that they did not or do not provide insurance for the motor vehicle, then Treasury and the Fire Department will attempt to collect the costs from the owner of the automobile. In some cases, complete billing information for the owner of the automobile is unavailable as was the case in these claims.

Echelon Insurance - INV#17529 dated: Dec 31/12 - $820.00 - reversed: April 23/13

Waterloo Insurance - INV#17751 dated: Apr 11/13 - $410.00 - reversed: May 29/13

Allstate Insurance - I NV#17919 dated: May 24/13 - $410.00 - reversed: June 17/13

Belair Insurance - INV#18216 dated: July 25/13 - $410.00 - reversed: Nov 18/13

CAA Insurance -INV#18347 dated: Aug 19/13 - $615.00 - reversed: Nov 20/13

a, TR39-13 ~ Request to write off uncollectible accounts

Page 2 of 2

The By-Law EnforcemenUCanine Control department directed the Treasury department to prepare an invoice in October 2012, in the amount of $798.65, to a tenant living at 230 Cindy Lane for the removal of 2 dogs, 3 cats, 2 hamsters and 2 birds from the residence on

September 13, 2012. The By-Law Enforcement Officer received an after-hours call to attend this residence by the OPP and Children's Aid. These animals were taken to Mill Street Animal Clinic as they needed treatment. The animals were relinquished to the Alliston Humane Society and were adopted out. The Township has tried unsuccessfully to receive payment of the

invoice. The account went to collection agency in April 2013 with no success . The tenant is not concerned with their credit rating. As the tenant does not own the home, we cannot add to the taxes. The tenant no longer resides at this residence.

The Public Works department directed the Treasury department to prepare an invoice in December 2012, in the amount of $171.17 to a tenant living in the Township who was in a vehicle accident on May 5, 2012, to recover costs for a replaced guide post and tightening loosened guide post cables. Themail was returned by Canada Post as "MOVED". The

Township could not obtain a drivers license, date of birth or a forwarding address. There is no

way to pursue collection.


Collection methods are not effective due to insufficient information and ability to pay. These amounts will not be collected. Approval to write off these amounts is requested in order to maintain the accounts receivable on the books of the Township of Essa. These amounts would be reported to the auditors as bad debts.

FINANCIAL IMPACT

The Fire department uncollectible amount of $2665 lowers the revenue received for recovery of fire costs from insurance claims due to motor vehicle accidents to $35,400 as at November 30, 2013.

SUMMARY/OPTIONS Council may:

1. Take no further action

2. That uncollectible invoices in the amount of $2,665.00 for fire department costs relating to motor vehicle accidents be written off; and That the uncollectible invoice in the amount of $798.65 for animal control costs be

written off; and That the uncollectible invoice in the amount of $171.17 for roadside repairs costs be

written off.


Gr$!¥;~' Juli arrett Treasurer CAO

Col






SUBJECT: Development Charge By-Law 2013-60 - Indexing of Rates

RECOMMENDATION


That development charge rates be indexed effective January 1, 2014, in accordance with ByLaw No. 2013-60 with calculated rates increased by 0.3%.

BACKGROUND

By-Law No. 2013-60, a By-law to impose municipal development charges and policy for the

Corporation of the Township of Essa; and to repeal By-law 2008-82 .

Section 12 of By-Law 2013-60 states:

The development charges set out in Schedule "8" to this By-law shall be adjusted,

without amendment to this By-law, commencing on January 1, 2014 and annually

thereafter in each January while this By-Law is in force in accordance with the most

recent twelve month change in the Statistics Canada Quarterly Construction Price

Statistics.


A schedule from Hemson Consulting showing the 2013 third quarter change of 0.3% is

provided . (Attachment) The schedule of development charge rates effective September 19,

2013 and a schedule of indexed development charge rates effective January 1, 2014 is

provided for information and comparison. (Attachments)

FINANCIAL IMPACT

The 3rd quarter index reflects a positive price index. Rates effective January 1, 2014 have been increased by 0.3 0

/0.

For singles and semis the total uniform rate increased by $31 ($10,506 - $10,537), the total Angus uniform, sewer and water charge increased by $52 ($17,515- $ 17,567), the total Thornton uniform and water charge increased by $ 46 ($15,516 - $15,562) and the total Baxter Uniform and sewer charge increased by $ 41 ($13,942 - $13,983).

fD1.

TR40-13 CAOevelopment Charge By-law 2013-60 lJ-"lndexing of Rates

SUMMARY/OPTIONS

1. Take no further action .

Page 2 of 2

2. That development charge rates be indexed effective January 1, 2014, in accordance with By-Law No. 2013-60 with calculated rates increased by 0.3%1.

CONCLUSION


Julie ~arrett Treasurer

Reviewed by:

Attachment [Hemson Consulting Indexing summary] Attachment [Township of Essa DC rates effective September 19, 2013] Attachment [Township of Essa DC rates effective January 1, 2014]

I Information Sheet November 12, 2013

I Development Charge rates can be indexed to account for inflation. Most Development Charges ' By-laws coli for annual indexing. The Development Charges Act, 1997 (5.5 (1) (10)) and O.Reg.

j 82/98 (s.7) prescribe one index for adjusting development charge rates for inflation: Construction Price Statistics, Catalogue No. 62-007-XPB, Statistics Canada Quarterly.

NON-RESIDENTIAL BUILDING CONSTRUCTION PRICE INDEX

I ! . t · i

data published for 7 census metropolitan areas throughout Canada, including Toronto and ottawa; measures the change in the contractors' selling price of new non-residential construction projects (i.e. commercial, industrial and institutional) ; includes both general and trade contractors' work and excludes the cost of land, design and real estate fees; and samples are taken of five different building types.

" For more information please contact the Hemson Finance Deparlment, 416-593-5090, I [email protected]

t i NON·RESIDENTIAl BUILDING COST INDEX: TORONTO CMA •

· ---"·""·-·· ··~r""-.. -·~::;"~-"··r-__ ·~"·-"~;:~;;--~·"~--!

I (2ri~~:I~O) r-~~~~:~;~·1--seml"A:::;-·"··~---:.:~:~-~·1

l~~~b~&J=-j,~~~,.G,~.l- .", .,il~ c~~l-,=Jli,.~, .~~I",,-, ~Bl_,J J 2013 t ~ ~ ti 3 ~ t t~ ~, ~ j f lIt Quarter i 151.9 ~ -0.1% ~, 0.1% ' 0.8% I ! 2"0 Quorter I 152.1 i 0.1 % i 0.1 % J 0.4 % j

~ ·~~"~ .. rl.:~;:~J~::~~::~;C't<h;::;:;~~;::7e~:~'=~i:i;::n::e1 I i planning policy, demographics, and property assessment. i

t Recent work includes studies on: ~ I ~ Developmen1 Charges I I REMSON ~~:;I~~~~:;~~:~s~; Planning II"

, Water and Sewer Full Cost Recovery Rate Setting (Bill 175)

I - Water and Sewer Financial Plan (SDWA)

t .- Building, Planning and Engineering Fees " i Infrastructure Financing

I · Growth Management i i ! i I i For more information visit www.hemson.com ~ l- . "'-111( .... _ .... _~, ....... ,' A ..... ~,. "-L-toOI'.- to ..,. ,,~..pr.h ! -...... .... .. , , I/'t~~~'.(' ~v:t/ ~"fo'N ... 'l#. -:-i>"t,~;.. ,:",:: :,::;;,;;;,,;, <:;;,:,,!: ~-':;;;},; l~~~"':R ~~. ; >.,. ·· .. y.tm'r.>~t, :-'7..r.~·, ... ::z·'':-~ '~,: ,·:,:~ :.;:.;'''~.:}, ~~ -".~''''(I,'~;-.:~ _"': :'-:"":-~.'::'.Y; ':;"~"7.;;,:;x;,«<:,:, ,;..~'~~ ~~._~ ~~?~.v.·:t' ·>:~r.~;;::·;w.: ;':'~~·.j:,"""'.o;?'I:':~ ~~ .f

SCHEDULE "B" TO BY~LAW NO, 2013-60 SCHEDULE OF DEVELOPMENT CHARGES

Adopted by Council on September 18,2013

RATES IN EFFECT September 19,2013

Residential Charge By Unit Type ($/unit) Non-Residential

Singles Rows Apartments Apartments Service

& Other 2+ Bachelor or Charge Per & Semis Multiples Bedrooms 1 Bedroom Square Metre

Library Services $271 $255 $170 $126 $0.00 Fire Services $448 $421 $281 $207 $2.85 Police $86 $81 $54 $40 $0.55 Parks & Recreation $2,898 $2,728 $1,821 $1,342 $0.00 Public Works and Fleet $328 $308 $206 $152 $2.08 General Government $93 $87 $58 $43 $0.59

Subtotal General Services $4,124 $3,880 $2,590 $1,910 $6.07

Roads & Related $6,382 $6,007 $4,010 $2,955 $40.46

Total Uniform Charge $10,506 $9,887 $6,600 $4,865 $46.53

Angus (1)

Township-Wide Charge $10,506 $9,887 $6,600 $4,865 $46.53 Angus Sewer $3A36 $3,234 $2,159 $1,591 $21.25

Angus Water $3,573 $3,363 $2,245 $1,654 $22.10

Total Charge In Angus $17,515 $16,484 $11,004 $8,110 $89.88

(1) Applicable in the area shown on Schedule "c", Thornton (2)

Township-Wide Charge $10,506 $9,887 $6,600 $4,865 $46.53

Thornton Water $5,010 $4J15 $3,147 $2,319 $41.41

Total Charge tn Thornton $15,516 $14,602 $9,747 $7,184 $87.94

(2) Applicable in the area shown on Schedule "0".

Baxter (3)


Angus Sewer in Baxter $3A36 $3,234 $2,159 $1,591 $21.25

Total Charge In Baxter $13,942 $13,121 $8,759 $6,456 $67.78

(3) Applicable in the area shown on Schedule "E".

SCHEDULE "B" TO BY-LAW NO. 2013-60 SCHEDULE OF DEVELOPMENT CHARGES

Adopted by Council on September 18, 2013

RATES IN EFFECT September 19, 2013

INDEXED RATES EFFECTIVE JANUARY 1,2014 - INCREASE OF 0.3%

Residential Charge By Unit Type ($/unit) Non-Residential

Singles Rows Apartments Apartments Service

& Other 2+ Bachelor or Charge Per & Semis Multiples Bedrooms 1 Bedroom Square Metre

Library Services $272 $256 $171 $126 $0.00 Fire Services $449 $422 $282 $208 $2.86

Police $86 $81 $54 $40 $0.55 Parks & Recreation $2,907 $2J36 $1,826 $1,346 $0.00 Public Works and Fleet $329 $309 $207 $153 $2.09 General Government $93 $87 $58 $43 $0.59

Subtotal General Services $4,136 $3,891 $2)598 $1,916 $6.09

Roads & Related $6,401 $6,025 $4,022 $2,964 $40.58

Total Uniform Charge $10,537 $9,916 $6,620 $4,880 $46.67

Angus (1)


Angus Sewer $3,446 $3,244 $2,165 $1,596 $21.31 Angus Water $3,584 $3,373 $2,252 $1,659 $22.17

Total Charge In Angus $17,567 $16,533 $11,037 $8,135 $90.15

(1) Applicable in the area shown on Schedule "C".

Thornton (2)


Thornton Water $5,025 $4,729 $3,156 $2,326 $41.53

Total Charge In Thornton $15,562 $14,645 $9,776 $7,206 $88.20

(2) Applicable in the area shown on Schedule "D".

Baxter (3)


Angus Sewer in Baxter $3,446 $3)44 $2,165 $1,596 $21.31

Total Charge In Baxter $13,983 $13,160 $8,785 $6,476 $67.98

(3) Applicable in the area shown on Schedule "E".



DATE: December 18th, 2013


FROM: Vera Vieira, Tax Collector

SUBJECT: Request to Write Off/Adjust 2012 and 2013 Taxes

RECOMMENDATION


THAT the Tax Collector be authorized to adjust taxes on the accounts listed on Schedules "A", "8" and "e" of this report.

BACKGROUND

Under Section 39.1 of the Assessment Act) the owner of a property or a person who has received or

would be entitled to receive a notice of assessment under the Act, may request the Assessment

Corporation to reconsider any matter that could form the basis of an appeal if it appears there are

palpable errors on the assessment roll or on any matter that could form the basis of an application to

court for the determination of any matter relating to an assessment.


The Requests for Reconsiderations have been reviewed by the Municipal Property Assessment Corporation and Minutes of Settlement have been entered into between the property owners and MPAC. The Municipality as a stakeholder may appeal the Minutes of Settlement to the Assessment Review Board or allow for the reduction of taxes.

FINANCIAL IMPACT

Property taxes to be adjusted equal:

Municipal Taxes County Taxes Public Education Taxes No Support Education Taxes BIA Taxes

TOTAL

$2,699.54 $3,632.11

($210.68) $12,962.85

$47.71

$19,131.53

Page 2 of 2 Request to Write Off IAdjust 2013 Taxes <ae TR041-2013

----------

SUMMARY/OPTIONS

Council may:

1. Take no action 2. That the Tax Collector be authorized to adjust the taxes as per Schedules "A", "8" and

HC" of this report

CONCLUSION

When Minutes of Settlement are received by the Municipality, they are reviewed by the Tax Collector and any changed assessments that do not appear equitable are discussed with the assessor who signed the Minutes of Settlement or the Municipal Relations Representative, to ensure the decisions were made in a fair manner.


Vera Vieira Tax Collector

Reviewed by:

Attachments:

Schedule "A" Schedule "8" Schedule "C"

Reviewed by:

Julie arrett Treasurer

SCHEDULE "A" ReQuest for Reconsiderarion - MOS

TOWNSHIP OF ESSA 43-21 For 2013

PROPERTY CLASS MUNICIPAL TAX RATES SCHOOL TAX RATES I-Kt:;N(';H t:Nl;iLl:;H

MUNICIPAL COUNTY SEP/PUB SEP/PU8 NO SUPPORT BIA

RESIDENTiAL 0.226833% 0.305511% 0.212000% 0.212000%

COMMERCIAL acc 0.284017% 0.382530% 1.260000% 0.047475%

COMMERCIAL VAC 0.198812% 0.267771% 0.882000%

FARMLAND 0056708% 0.076376% 0.053000% 0.053000%

PIPELINE 0.294112% 0396125% 1.455422%

MANAGED FOREST 0.056708% 0.076378% 0.053000% 0053000%

INDUSTRIAL OCC 0.348982% 0.470028% 1.590000%

INDUSTRIAL VAC 0.226839% 0.305518% 1.033500%

:~(';HUULIS.

ROLL # ADDRESSfDESC CLASS OR IGASS'T REVISED ASS'T ASS'T CHANGE MUNICIPAL COUNTY BIA NO SUPPORT DECREASE TOTAL REBATE

020-001·05200-0000 Con 7 N PI Lot 1 CTN $4,346,528 $3,840.563 ($505,965) ($1 ,437.03) ($1.935.47) ($6.375.16) ($9,747.65)

Plan 1665 PI Blks A & B CUN $700,000 $94,530 ($605.470) ($1.203.75) ($1.621.27) ($5,340 .25) ($8.16527)

RP 51R33855 STN $79.800 $141 ,178 $61,378 $174.32 $234 .79 $773.36 $1 ,182.48

Parts 1 2 5 3 10 and 14 SUN $12.900 $3.480 ($9,420) ($16.73) ($25.22) ($8308) ($127.04)

($16.85748)

010-004-19600-DOOO Plan 1330 PI Lot 26 CTN $862,500 $762.000 ($100,500) ($285.44) ($384.44) ($4771) ($1.266.30) ($1.983.89)

RP 51 R25954 Pls 2 & 3 ($1.98389)

-- $6,001,728 $4,841,751 ($1,159,977) ($2,770.61 ) ($3,731.62) ($47.71) ($12,291.43) ($18,841 .37) ($18 ,841.37)

SI'

Schedule "A"

Minutes of Settlement for 2013

TOWNSHIP OF ESSA 43-21

Property

Roll 11

010-004-19600

010-010·09200

TOTALS

-.I o

Address

Legal Desc

Plan 1330 Pt Lot 26

RP 51R25954 Pts 2&3

TAX

ADJ

CTN $861.44

$861.44

0> ~

Township No Support ITotal Tax Rate

0.284017% 1.260000%1 1.926547%

$127.00 $171.05 $563.40 $861.44

$127.00 $171.05 $563.40 $861.44

SCHEDULE "6" ReCluest for Reconsideration


PROPERTY CLASS MUNICIPAL TAX RATES SCHOOL TAX RATES t-KI:Nl,;H I:N(,jLl~H

MUNICIPAL COUNTY SEP/PUB SEPIPUB NO SUPPORT BIA

RESIDENTIAL 0.225419% 0.257387% 0.221000% 0.221000%

COMMERCIAL OCC 0.282247% 0.322274% 1.260000% 0.059100%

COMMERCIAL VAC 0.197573% 0.225592% 0.882000%

FARMLAND 0.056355% 0.064347% 0.055250% 0.055250%

PIPELINE 0.292279% 0333728% 1.485479%

MANAGED FOREST 0.056355% 0.064347% 0.055250% 0.055250%

INDUSTRIAL OCC 0.346807% 0.395989% 1590000%

INDUSTRIAL VAC 0 .225425% 0.257393% 1.033500%

1;:'l,;HUUL & I:Nl>LI::>H INl,;KI:A~1:

ROLL '# ADDRESSIDESC CLASS ORIG ASS'T REVISED ASS'T ASS'T CHANGE MUNICIPAL COUNTY PUBLIC NO SUPPORT DECREASE TOTAL REBATE

010-011-00506-0000 Plan M639 Lot 36 CTN $64.600 $0 ($64.600) ($91 .66) ($104 .66) ($409.20) ($605.53)

RTEP $0 $64.600 $64.600 $73.21 $83.59 $71 .77 $228.57 ($376.96)

$64,600 $64,600 $0 ($18.46) ($21.07) $71,77 ($409.20) ($376 .96) ($376.96)

-l ~

~

SCHEDULE "e" Reauest for Reconsideration - MDS ~ TOWNSHIP OF ESSA 43-21 For 2013

PROPERTY CLA~S MUNICIPAL TAX RATES SCHQOL TAX RATES t-KI::Nl;H 'I::NGLI::>H

MUNICIPAL COUNTY SEP/PUB SEP/PUB NO SUPPORT BIA

RESIDENTIAL 0.226833% 0.305511 % 0.212000% 0.212000%

COMMERCIAL OCC 0.284017% 0.)82530% 1.260000% 0.047475%

COMMERCIAL VAC 0.198812% 0.267771 % 0.882000%

FARMLAND 0.056708% 0.076378% 0053000% 0.053000%

PIPELINE 0.294112% 0.396125% 1.455422%

MANAGED FOREST 0.056708% 0.076378% 0.053000% 0.053000%

INDUSTRIAL DCC 0.348982% 0.470028% 1.590000%

INDUSTRIAL VAC 0.226839% 0.305518% 1.033500% I

I~C;HUUL 0. I::NL>U~H IN :~J-ASJ-

ROLL # ADDRESS/DESC CLASS ORIG ASS'T REVISED ASS'T ASS'T CHANGE MUNICIPAL COUNTY PUBLIC NO SUPPORT DECREASE TOTAL REBATE

010-011-00506-0000 Plan M639 Lot 36 CTN $65,525 $0 ($65.525) ($186.10) ($250.65) ($825 ~2) ($1.262.37)

RTEP $0 $65,525 $65.525 $14863 $200 .19 $138 .91 $48773 ($774 .64)

$65,525 $65,525 $0 ($37.47) ($50.47) $138.91 ($625.62) ($774.64) ($774.64)

;:t


STAFF REPORT NO.: TR042·2013



FROM: Vera Vieira, Tax Collector

SUBJECT: Request to Write Off/Adjust 2009 . 2012 Taxes

RECOMMENDATION

That Staff Report TR042·2013 be received; and

THAT the Tax Collector be authorized to adjust taxes on the accounts listed on Schedules "A", "8", "Cn and "D" of this report.

BACKGROUND

Under Section 40 of the Assessment Act, more than three hundred free standing Tim Hortons

restaurants across the province have appealed the current value assessments for the 2008 base year

and the taxation years 2009 - 2012. The Municipal Property Assessment Corp and Tim Hortons agreed

under the ARB Rules of Practice and Procedure it would be more efficient to convert the hearing into an

Alternate Dispute Resolution with the goal to address the issue of "depreciation)). Tim Hortons, MPAC

and three (3) municipalities were actively involved in the process and the parties agreed to a settlement

on the issues.

In addition appeals were made for the 2008 base year and the taxation years 2009-2012 for a plaza in

the municipality. The rent rolls and financial statements for several years were reviewed by MPAC and

the analysis confirmed there has been significant vacancy in the plaza since it was built. As a result fair

market rents that had been applied to the main plaza were reduced.


The Minutes of Settlements covered a number of years and the financial impact could be severe; however, the assessments for these properties were reviewed and the reductions in values were arrived at in accordance with MPAC's accountability procedure.

r TR042-2013 Ji( Request to Write Off IAdjust 2009 - 2012

Taxes

FINANCIAL IMPACT

Property taxes to be adjusted equal:

Municipal Taxes County Taxes Business Improvement Area Taxes No Support Education Taxes

TOTAL

SUMMARY/OPTIONS

Council may:

1. Take no action

7,219.09 8,312.14

35.68 33,431.97

$48,998.88

Page 2 of 2

2. That the Tax Collector be authorized to adjust the taxes as per Schedules "A" through "0" of this report.

CONCLUSION

Under Section 40 of the Assessment Act when Minutes of Settlements are received and signed, the parties agree that the order of the Assessment Review Board will be made in accordance with the settlement. By accepting the settlements. the assessed person acknowledges that the appeal is settled and no hearing is required by the Assessment Review Board.


Vera Vieira Tax Collector

Reviewed by:

Greg CAO

Attachment:

Schedu les "A" - "D"

Reviewed by:

Julie arrett Treasurer

~ Sec 40 MOS-ARB D6cision

rN Township of Essa 4321 For 2009

PROPERTY CLASS MUNICIPAL TAX RATES t-tit:NI...H

MUNICIPAL COUNTY SEP/PUS

RESIDENTIAL 0.245645% 0283487% 0.252000%

COMMERCIAL OCC 0.307572% 0.354954%

COMMERCIAL VAC 0215300% 0.248468%

FARMLAND 0 .061411% 0.070872% 0.063000%

PIPELINE 0.318503% 0367569%

MANAGED FOREST 0061411% 0070872% 0.063000%

INDUSTRIAL OCC 0.377924% 0.436144%

INDUSTRIAL VAC 0.245651% 0.283494%

1;:'I...MVVLo.

ROLL II- MUNI ADDRESS/LEGAL C CLASS ORIG ASSESS

020-001·05200-0000 Con 7 N PI Lot 1 CTN $3,151.475

Plan 1665 PI Blks A & B STN $58.243

RP 51 R33855 Parts 1 2 6 eUN $514,770

10 and 14 SUN $9,513

010'{)04-19600-0000 Plan 1330 PI Lot 26

RP 51 R25954 Parts 2 8. 3 eTN $722,250

TOTALS $4,456,251

SCHOOL TAX RATES t:NI.:IL'~H

SEP/PUB NO SUPPORT

0.252000%

1.511982%

1.058387%

0.063000%

1.669264%

0.063000%

2440180%

1.586117%

PI;:,;:,t;:,;:,

NEW ASSESS CHANGE MUNICIPAL

$2.964.598 ($186,877) ($574.78)

$70.970 $12,727 $39.14

$94,530 ($420,240) ($904.78)

$3.480 ($6,033) ($12 .99)

$723.900 $1.650 $5.07

$3,857,478 ($598,773) ($1,448.33)

COUNTY NO SUPPORT

($66333) ($2,825.55)

$45.17 $192.43

($1.044 .16) ($4,447.77)

($14.99) ($63.85)

$5.86 $24.95

($1,671.45) ($7,119.79)

INCREASE

DECREASE

($4.063.66)

$276.75

($6 .396.70)

($91 .83)

$35.88

($10,239.56)

TOTAL

REBATE

($10,27544)

$35.88

($10,239 .56)

I

\() ~

~

SCHEDULE "A"

Sec 40 MOS - ARB Decision

TOWNSHIP OF ESSA 43-21 FOR 2009

Property Address

Rolin Legal Desc

020-001-05200 Con 7 N Pt Lot 1

Plan 1665

010-004-19600 Plan 1330 Pt lot 26

TOTALS

School TAX Rates

Support ADJ CTN/STN

CUN/SUN

CTN/STN $6,020.93

CUN/SUN $135.18

(TN 1$26.62)

$6,129 .49

Township County No Support Total Tax Rate

0.307572% 0.354954% 1.511982% 2.174508%

0.215300% 0.248468% 1.058387% 1.522155%

$BS 1.63 $982.82 $4,186.48 $6,020.93

$19.12 $22.07 $93.99 $135.18

($3.77) ($4.35) ($18.51) ($26.62)

$866.98 $1,000.54 $4,261.98 $6,129.49

#-

r .- --- ------ -~ Sec 40 MQ~-ARB DecIsIOn

~ rrOWNSHIP OF ESSA 43-21 For 2010

PROPERTY CLASS MUNICIPAL TAX RATES SCHOOL TAX RATES t-KtN{.;H tNGU!:)H

MUNICIPAL COUNTY SEP/PUB SEP/PU8 NO SUPPORT 81A RESIDENTIAL 0237437% 0.274616% 0.241000% 0.241000%

COMMERCIAL OCC 0.297288% 0.343847% 1.430000% 0.074% COMMERCIAL VAC 0.208101% 0.240693% 1.001000%

FARMLAND 0.059358% 0.068654% 0.060250% 0.060250%

PIPELINE 0.307853% 0.356067% 1604124%

MANAGED FOREST 0059358% 0,068654% 0.060250% 0.060250%

INDUSTRIAL OCC 0.365288% 0.422497% 2,370312%

INDUSTRIAL VAC 0.237437% 0274623% 1.540703%

I!:)CHUUL~ UKI(;;INAL KEVlSEU II

ROLL # ADDRESS/DESC CLASS ASSESSMENT ASSESSMENT CHANGE MUNICIPAL COUNTY BIA NO SUPPORT DECREASE TOTAL REBATE

020-001-05200-0000 Con 7 N Pl Lot 1 CTN $3,530.430 $3,156,675 ($373,755) ($1,111 .13) ($1.285.15) ($5.344.70) ($7,740.97)

Plan 1665 PI Blks A & B CUN $576,670 $94,530 ($482,140) ($1 ,003.34 ) ($1,160.48) ($4,826.22) ($6,990.04 )

RP S1R33855 Paris 125 STN $65,245 $90,700 $25,455 $75.67 $87.53 $364.01 $527.21

610 and 14 SUN $10,655 $3,480 ($7,175) ($14,93) ($17.27) ($71.82) ($104 .02)

($14,307.82)

010-004-19600-0000 Plan 1330 Pt Lol 26 -

RP 51R2S9S4 ParIs 2 & 3 CTN $741,500 $744,800 $3,300 $9.81 $11 .35 $2.44 $4719 $70.79

$70.79

1 ~ 1 , 1

TOTALS $4,924,500 $4,090,185 ($834,315) ($2,043.91 ) ($2,364,02) $2.44 ($9,831 .54) ($14,237 .03) ($14,237.03)1

Schedule "B"

Sec 40 MaS - ARB Decision


Property Address School TAX Rates

Roll 11 legalOesc Support AD} CTN/STN

CUN/SUN

020-001-05200 (on 7 N Pt Lot 1 (TN/STN $3,138.98

Plan 1665 (UN/SUN $65.33

010-004-19600 Con 3 Pt Lot 30 (TN -$37.09

TOTALS $3,167.22

~

Township County

0.297288% 0.343847%

0.208101% 0.2406930%

$450.57 $521.13

$9.38 $10.85

($5.32) ($6 .16)

$454.62 $525.82

No Support

1.430000%

1.001000%

$2,167.29

$45.11

($25.61)

$2,186.79

Total Tax Rate

2.071135%

1.449794%

$3,138.98

$65.33

($37.09)1

J $3,167.221

¥:> r

~ SCHEDULE "C" ~sec <so MOS __ ARS Decision


PROPERTY CLASS MUNICIPAL TAX RATES

MUNICIPAL

RESIDENTIAL 0.229183%

COMMERCIAL OCC 0.286960%

COMMERCIAL VAC 0.200872%

FARMLAND 0.057296%

PIPELINE 0.297159%

MANAGED FOREST 0.057296%

INDUSTRIAL OCC 0.352598%

INDUSTRIAL VAC 0.229189%

ROLL # ADDRESSIDESC

020-001-05200-0000 Con 7 N PI Lol 1

Plan 1665 PI Blks A & B

RP 51 R33855 Pans 1 2 5

610 and 14

010-004-19600-0000 Plan 1330 PI LOI 26

RP 51R25954 Parts 2 & 3

t-t-<I::N\;H

COUNTY SEP/PUB

0.265538% 0 .231000%

0.332480%

0.232736%

0.066385% 0057750%

0.344297%

0.066385% 0.057750%

0.408530%

0.265545%

SCHOOL & CLASS ORIG ASS'T

CTN $3,962,196

CUN $638,570 STN $73,223 SUN $11,798

CTN $760,750

$5,446,537

SCHOOL TAX RATES I:Nl;;U::'H

SEPIPUB NO SUPPORT BIA

0.231000%

1330000% 0.0465%

0931000%

0.057750%

1.542835%

0.057750%

1.930000%

1.254500%

INCREASE TOTAL REVISED ASS'T ASS'T CHANGE MUNICIPAL COUNTY BIA NO SUPPORT DECREASE REBATE

J $3.409,476 ($552,720) ($1 .586.09) ($1.837.68) ($7,351 .18) ($10,774.94)

$94,530 (S544,040) ($1,092.82) ($1,266.18) ($5.065.01 ) ($7,424.01 )

$112,493 $39,270 $112 .69 $130.56 $522.29 $765.55

$3.480 ($8,318) ($16.71 ) ($19.36) ($77.44) ($113.51)

($17.546.92)

$765,700 $4,950 $9.94 $11.52 $2.30 $46.08 $69.85

$69.85

$4,385,679 ($1,060,858) ($2,512_9~ ~,981.13) __ -,-$2_ ,30 ~11,925.25) --

J$17,477 .07) ($1~477_07)

~

(J.

SCHEDULE "c"



Property Address

Roll It Legal Desc

020-001-05200 Con7 N Pt Lot 1

Plan 1665

010-004-19600 Plan 1330 Pt Lot 26

TOTALS

TAX

ADJ

CUN/SUN

(TN/STN $1,833.33

(UN/SUN $35.70

(TN ($9.58)

$1,859.45

Township No Support ITotal Tax Rate

0.286960% 1.330000%1 1.949440%

0.200872% 0.232736% 0.931000% 1.364608%

$269.87 $312 .68 $1,250.78 $1,833.33

$5.26 $6.09 $24.36 $35.70

($1.41) ($1.63) ($6.54) ($9 .58)

$273.71 $317.13 $1,268.61 $1,859 .45

~

SCHEDULE "0" ..-a. "'5;'" _v,·,"' .... , ,..." ......... ~~,~,'>!"

[latrOWNSHIP OF ESSA 43·21 For 2012

PROPERTY CLASS MUNICIPAL TAX RATES SCHOOL TAX RATE~ t-KcNGH I::N(.;U::iH

MUNICIPAL COUNTY SEP/PUB SEP/PUB NO SUPPORT BIA

RESIDENTIAL 0225419% 0257387% 0.221000% 0.221000%

COMMERCIAL OCC 0.282247% 0.322274% 1.260000% 0.059100%

COMMERCIAL VAC 0.197573% 0 .225592% 0.882000%

FARMLAND 0 .056355% 0064347% 0.055250% 0.055250%

PIPELINE 0.292279% 0.333728% 1.485479%

MANAGED FOREST 0.056355% 0.064347% 0 .055250% 0.055250%

INDUSTRIAL OCC 0346807% 0.395989% 1590000%

INDUSTRIAL VAC 0.225425% 0.257393% 1.033500%

.:::>I..-HUUL ISo

ROlLti ADDRESS/OESC CLASS ORIG ASS'T REVISED ASST ASS'T CHANGE MUNICIPAL COUNTY BIA NO SUPPORT DECREASE TOTAL REBATE

020-001 -05200-0000 Con 7 N Pt Lot 1 CTN $4,346.270 $3,808.010 ($538 .260) ($1 .519 .22) ($1.734 .67) ($6 .782.08) ($10 ,035 .97)

Plan 1665 Pt Blks A & B CUN $700,470 $94 ,530 ($605.940) ($1,197 .17) ($1.366.95) ($5.344.39) ($7.908 .S2)

RP 51R33855 STN $80.320 $139 ,980 $59 ,660 $168.39 $192 .27 $751.72 $1, 11237

Parts 1 2 5 6 10 and 14 SUN $12,940 $3.480 ($9,460) ($18 .69) ($21 .34) ($83.44) ($123.47)

($16.955.58)

010-004-19600·0000 Plan 1330 PI Lot 26 CTN $855,000 $786,600 ($68.400) ($193.06) ($220.44) ($40.42) ($861 .84) ($1,315.76) ($1 ,315.76) RP 51R25954 Parts 2 & 3

$5,995,000 $4,832,600 ($1,162,400) ($2,759.76) ($3,151.13) ($40 .42) ($12,320 .03) ($18,271.34) ($18,271.34)

dO

SCHEDULE "D"



Property Address TAX

Roll # legal Desc ADJ

010-004-19600 Plan 1330 Pt lot 26 (TN $69.99

TOTAlS $69.99

~

Township

0.282247%

$10.59 $12.10

$10.59 $12.10

No Support ITotal Ta)( Rate

1.260000%1 1.864521%

$47.30 $69.99

$47.30 $69.99

~ CO

Documents

THE CORPORATION OF THE TOWNSHIP OF ESSA … Documents/Council Agendas and... · Staff Report TR038-13 submitted by the Deputy Treasurer, re: Asset Management Plan - Draft*. *Asset

THE CORPORATION OF THE TOWNSHIP OF ESSA … Documents/Council Agendas and... · Staff Report TR038-13 submitted by the Deputy Treasurer, re: Asset Management Plan - Draft. Asset