THE CORPORATION OF THE TOWNSHIP OF ESSA COMMITTEE OF THE WHOLE

WEDNESDAY, OCTOBER 19, 2016

AGENDA

1. OPENING OF MEETING BY THE MAYOR

2. DISCLOSURE OF PECUNIARY INTEREST

3. DELEGATIONS / PRESENTATIONS / PUBLIC MEETINGS a. 6:00 p.m. Delegation Darlene Hayward, Scott Ferguson, Kelly Drover (possibly more

speakers) Re: Request for Upgrade, Refurbishment and Addition of

Playground Equipment located at Victoria Park, Ivy

STAFF REPORTS

4. PLANNING AND DEVELOPMENT

5. PARKS AND RECREATION / COMMUNITY SERVICES a. Staff Report PR029-16 submitted by the Recreation Coordinator/Programmer,

re: Innisfil Minor Hockey League. Recommendation: Be it resolved that Staff Report PR029-16 be received; That Council does / does not approve the request of the Innisfil Minor Hockey League to pay minor hockey rates for ice rentals for the 2016-17 hockey season.

6. FIRE AND EMERGENCY SERVICES

7. PUBLIC WORKS a. Staff Report PW025-16 submitted by the Manager of Public Works, re: Requested

Exemption to By-law #2015-64 for the Placement of Fill at 7054 County Road 56. Recommendation: Be it resolved that Staff Report PW025-16 be received; and That Council does / does not approve an exemption to By-law #2015-64 for the placement of fill at 7054 County Road 56; and That the property owner submits a $5,000.00 deposit to ensure that County Road 56 remains free of mud/dust/debris.

p. 8

p. 11

p. 1

Township of Essa Committee of the Whole Agenda

October 19, 2016

2

b. Staff Report PW026-16 submitted by the Manager of Public Works, re: Requested Exemption to By-law #2015-64 for the Placement of Fill at 6612 County Road 56.

Recommendation: Be it resolved that Staff Report PW026-16 be received; and That Council does / does not approve an exemption to By-law #2015-64 for the placement of fill at 6612 County Road 56; and That the property owner submits a $5,000.00 deposit to ensure that County Road 56 remains free of mud/dust/debris.

8. FINANCE a. Staff Report TR026-16 submitted by the Tax Collector, re: Request to Write

Off/Adjust 2015 & 2016 Taxes. Recommendation: Be it resolved that Staff Report TR026-16 be received; and That the Tax Collector be authorized to adjust taxes on the accounts listed on Schedules “A” and “B” of this report. b. Staff Report TR027-16 submitted by the Manager of Finance, re: Set 2017

Budget Deliberation Meetings. Recommendation: Be it resolved that Staff Report TR027-16 be received; and That Council approves scheduling the Special Meetings of Council for 2017 Budget Deliberations on Wednesday November 16, 2016 from 1:00pm to 5:00pm, Wednesday December 7, 2016 from 1:00 pm to 5:00pm and Wednesday December 21, 2016 from 1:00pm to 5:00pm.

9. CLERKS / BY-LAW ENFORCEMENT/ IT a. Staff Report C015-16 submitted by the Clerk, re: Exemption to

By-law 2011-20 – Salvage Yards. Recommendation: Be it resolved that Staff Report C015-16 be received; and That Council does / does not approve a two-year exemption to By-law 2011-20, Schedule “6”, for the construction of a fence to fulfill the requirements of a Salvage Yard License located at 5507 County Road 90.

10. CHIEF ADMINISTRATIVE OFFICER (C.A.O.) 11. OTHER BUSINESS 12. ADJOURNMENT

Recommendation: Be it resolved that this meeting of Committee of the Whole of the Township of Essa adjourn at _______ p.m. to meet again on the 2nd day of November, 2016 at 6:00 p.m.

p. 27

p. 19

p. 23

p. 15

Terry Dowdall, Mayor Essa Township Council

Greetings your worship;

Re: Playground Equipment at Victoria Park Ivy

We, "The Friends of the Victoria Park Ivy", are asking for your support in upgrading the playground equipment at the Victoria Park Ivy. We are recommending a two-pronged approach by both having some well-used equipment refurbished to off-set the wear and tear and by adding some new modernized playground equipment that is attractive to intermediate age levels. Modernized equipment could be along the lines of a "jungle gym" climbing apparatus and slides. This type of equipment encourages all age levels to be both active and safe at the same time. Refurbishing can include the old car which is suffering from deteriorating wood and enhancing the original equipment by the addition of sand at both the landing area.

This past summer, 13 ball teams used the Ivy community park including teams from T-Ball to the senior men's team and includes the challenger team. The park was in use daily and the playground area provides the opportunity for children not involved on the field a place to enjoy themselves safely. The current playground equipment is not adequate to occupy all of the needs of these children. By increasing the equipment you would enhance the enjoyment of this popular community park

Thank you

Darlene Hayward for The Friends of the Victoria Park Ivy

\

September 20, 2016

Mayor Terry Dowdall Township of Essa 5786 County Road 21 Utopia, ON LOM 1TO

Re; Playground Equipment Ivy Victoria Park (Ivy Ball Park)

Dear Terry;

It has come to our attention that the playground equipment in Victoria Park is quite outdated and not up to current safety standards. As the park is beside our church property, we do have a number of children using the playground after weekly worship services and also at our summer Vacation Bible School. In this regard, we would appreciate it if Counsil would consider upgrades to this equipment in planning your next budget. Thank you for your kind attention to this matter.

Sincerely,

f,>r Session Ivy Presbyterian Church 5067 - 20th Sideroad R.R.#3 Thornton, ON LOL 2NO

STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION

TOWNSHIP OF ESSA STAFF REPORT

PR0029 - 16

October 19, 2016

Committee of the Whole

Diane Straus, Recreation Coordinator/Programmer

lnnisfil Minor Hockey League

That Staff Report PR0029 -16 be received; and

That Council consider the request of the lnnisfil Minor Hockey League to pay minor hockey rates for ice rentals.

And that Council does/does not approve this request.

BACKGROUND

In the past lnnisfil Minor Hockey was under an agreement to pay minor hockey rates but that agreement was expired after the 2006/2007 season.

COMMENTS AND CONSIDERATIONS

The last time lnnisfil Minor Hockey booked ice from Essa Township was in 2007/2008 season with very few hours booked that season. Now they are considering returning for a total 9 hours of ice rentals this season but are hoping for the minor hockey rate to be approved for their ice rentals.

FINANCIAL IMPACT

The fi nancial impact on the Municipality would be a loss of $693.00 rental fees for the season. For 9 - one hour renta ls at current non-resident rate the total would be $2,034.99 exclud ing HST and the current minor rate would be $1,341 .99 excluding HST.

SUMMARY/OPTIONS

Council may: 1. Take no further action. 2. Approve the Minor Hockey Rate for ice rentals for the lnnisfil Minor Hockey League. 3. Approve the Resident Rates for ice rentals for the lnnisfil Minor Hockey League. 4. Do not approve a reduction in ice rental rates.

~

~R0029 -16 lnnisfil Minor Hockey

Page 2 of 2

CONCLUSION

Staff recommends that option 2 be approved.

Respectfully submitted: Reviewed by:

Diane Straus GregMt:rt* Recreation Coordinator/Programmer Chief Administrative Officer

Attachments: 1. Email from the lnnisfil Winterhawks Novice A Coach

q

Diane Straus

From: Sent: To: Subject:

Gary Gautreau <G.Gautreau@stategroup.com> October-05-16 10:19 AM Diane Straus Re: Ice Rentals

In novice every other team we play has a home day of saturday. All our spare ice in lnnisfil is on

Saturdays. We have practi ces on Sunday morning and play our home dates on Tuesday night. We either have

the option of practicing and then playing on the same day which is too much for 8yr olds or trying to go

elsewhere on an off night. We've opted for the latter and loked at Thornton. Two of our players and an

assistant coach live in Thornton so it seemed like the most viable option.

Sent from my BlackBerry 10 smartphone on the Rogers network.

From: Diane Straus Sent: Wednesday, October 5, 2016 10: 15 AM To: Gary Gautreau Subject: RE: Ice Rentals

Can I ask you why you need our ice and not using your own arenas?

From: Gary Gautreau [mailto:G.Gautreau@stategroup.com] Sent: October-05-16 9:40 AM To: Diane Straus Cc: Graham Hovius; Wendy Paz Subject: Ice Rentals

Diane th ank you for all your help this morning regarding ice rentals at Thornton Arena .

I'd like t o ask the board if our t ea m (lnnisfil Winterhawks Novice A) could be charged the minor hockey rat es

for the follow ing tim es we have secured.

Oct 12 and 26

Nov 9 and 23

Dec 7, 21 and 28

Jan 4 and 18

Currentl y we have booked at a cost per hou r of 255.50 w ith the minor rate being 168.49. With a reduction in

rat e it would save our team 783.09 w hich could be used to furth er deve lop players as well as enable us t o

secure more ice. Ice on a minor hockey team budget is currently about 60 percent of the t ota l budget so any

savings the team cou ld get would be great ly appreciated.

Council t hank you for you consideration.

Regards

Gary Ga utreau

lnnisfil Winterhawks Novice A

Coach

Sent from my BlackBerry 10 smartphone on the Rogers network.

---------- ·---· \0----1

STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION

TOWNSHIP OF ESSA STAFF REPORT

PW025-16

October 19, 2016

Committee of the Whole

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

Requested Exemption to By-law #2015-64 for the Placement of Fill at 7054 County Road 56

That Staff Report PW025-16 be received; and

That Council consider approving an exemption to By-law #2015-64 for the placement of fill at 7054 County Road 56; and

That the property owner submits a $5,000.00 deposit to ensure that County Road 56 remains free of mud/dust/debris.

BACKGROUND

The Township has received a request for the placement of fill at 7054 County Road 56 from the property owner. The property owner would like to construct a berm around the property to mitigate for noise and light from the business that is operated on the property.

The property owner has been advised of Township Fill By-law #2015-64. If an exemption is provided , the property owner will be required to meet the conditions set out in the By-law specifically Section 6 & 7 of the By-law, which requires them to provide drawings, soil samples, notification of surrounding property owners and submit the appropriate fee and road security.

COMMENTS AND CONSIDERATIONS

The proposed fill project would involve the placement of approximately 42,000 cubic metres of fill (approximately 4000 truckloads). The property owner has contacted the NVCA and they have determined that the proposed fill area is outside the NVCA regulated area.

FINANCIAL IMPACT

In accordance with Schedule "A" of the By-law the fee would be $2,500, plus $0.80 per cubic metre, for a total of $36,100.00.

I I

~ PW020-1 6 f".Requested Exemption to By-law 201 5-64 for the

Placement of Fill at 7054 County Road 56

SUMMARY/OPTIONS

Council may:

1. Take no further action.

Page 2 of 2

2. Approve an exemption to By-law #2015-64 for the placement of fill at 7054 County Road 56.

3. Approve an exemption to By-law #2015-64 for the placement of fill at 7054 County Road 56, with further conditions deemed appropriate to Council.

4. Do not approve an exemption to By-law #2015-64 for the placement of fill at 7054 County Road 56.

CONCLUSION

Staff Recommends that Option 2 be approved.

Respectfully submitted,

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

Attachments:

1. Owner information 2. Sketch of proposed berm location

Reviewed by,

Greg Murphy Chief Administrative Officer

Glen Cunningham, 7054 County rd 56 Utopia Ont. LOM no (705)424-9300 infolDglenssweeping.com

6th October 2016

Dear Essa Township,

I am writing to request an exemption to the Essa fill bylaw from council.

We would like to build privacy berms in the outlined areas (see attached)

They wi ll be landscaped and planted with trees. Approximately 41809m3 of

clean fill will be used.

The proposed berm profi le will be 6m x 18m constructed of Table 1 and 2

clean material.

Every effort to protect the township will be taken as we understand that not

admitting contaminated materi al is top priority to council, as it is to us.

Sincerely,

Glen Cunningham

'~

STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION

TOWNSHIP OF ESSA STAFF REPORT

PW026-16

October 19, 2016

Committee of the Whole

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

Requested Exemption to By-law #2015-64 for the Placement of Fill at 6612 County Road 56

That Staff Report PW026-16 be received; and

That Council consider approving an exemption to By-law #2015-64 for the placement of fill at 6612 County Road 56; and

That the property owner submits a $5,000.00 deposit to ensure that County Road 56 remains free of mud/dust/debris.

BACKGROUND

The Township has received a request for the placement of fill at 6612 County Road 56 from the property owner. The property owner would like to reclaim approximately 14 acres of farmland to better grow pasture grasses.

The property owner has been advised of Township Fill By-law #2015-64. If an exemption is provided, the property owner will be required to meet the conditions set out in the By-law specifically Section 6 & 7 of the By-law, which requires them to provide drawings, soil samples, notification of surrounding property owners and submit the appropriate fee and road security.

COMMENTS AND CONSIDERATIONS

The proposed fill project would involve the placement of approximately 30,000 cubic metres of fill (approximately 3000 truckloads). The property owner has contacted the NVCA and they have determined that the proposed .fil l area is outside the NVCA regulated area.

FINANCIAL IMPACT

In accordance with Schedule "A" of the By-law the fee would be $2,500, plus $0.80 per cubic metre, for a total of $26,500.00.

lb

PW020- 16 Requested Exemption to By-law 2015-64 for the Placement of Fill at 661 2 County Road 56

SUMMARY/OPTIONS

Council may:

1. Take no further action.

Page 2 of 2

2. Approve an exemption to By-law #2015-64 for the placement of fill at 6612 County Road 56.

3. Approve an exemption to By-law #2015-64 for the placement of fill at 6612 County Road 56, with further conditions deemed appropriate to Council.

4. Do not approve an exemption to By-law #2015-64 for the placement of fill at 6612 County Road 56.

CONCLUSION

Staff Recommends that Option 2 be approved.

Respectfully submitted,

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

Attachments:

1. Owner information 2. Sketch of proposed fill location

,~

Reviewed by,

Greg Murphy Chief Administrative Officer

Dan Perreault

From:

Sent: To: Subject:

MaryKay Tom bu < mktombu@icloud.com >

October-11-16 4:50 PM Dan Perreault Request for Exemption

Dan Perreault, Manager of Public Works

7b

Dear Dan: This Is an application for an exemption to By law # 2015-64. The land in question is in Essa Township is at 6612 County Road 56 south of County Road 21. It is a 25 acre parcel of land that needs to be raised 2 feet on approximately 14 acres. The back 12 acres are arid and low and require rejuvenation.

Soilcan is a soil supplier that is well known and respected by the staff of Essa Township . Soilcan will supply Table 1 soil/fill to the property. Two feet of Table 1 soil will not affect adjacent lands but will restore those 14 acres to a functioning pasture. I calculate that the requirement for fill will be approximately 28,000 cubic metres. The existing topsoil will be removed and will be mixed with the Table 1 fill to ensure a better growing medium for pasture grasses.

In 2015 I started bringing fill into the property and was not required to obtain approval from NVCA.

All requirements/cond itions imposed in paragraph 6 of the Site Alteration and Fill Bylaw will be met as required.

This request for exemption is submitted fo r your approval.

Respectfull y,

Nestor Tombu 6632 County Road 56 Egbert, Onta rio LOL lNO

705 424 1829

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STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION

TOWNSHIP OF ESSA STAFF REPORT

TR026-16

Committee of the Whole

Vera Vieira, Tax Collector

Request to Write Off/Adjust 2015 & 2016 Taxes

That Staff Report TR026-16 be received; and

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

BACKGROUND

Under Section 357 of the Municipal Act, upon application to the Treasurer, the Municipality may cancel,

reduce or refund all or part of taxes levied on land during the taxation year, as a resu lt of a change

event. Also, if land has become vacant land or excess land, exempt, a mobile home was removed or a

building was razed by fire, damaged by fire, demolished so as to render it unusable for the purposes for

which it was used immediately prior t o the damage during the year or during the preceding year.

COMMENTS AND CONSIDERATIONS

Due to the circumstances under which the application was made the property has met the criteria to qualify for the adjustment of taxes in accordance with Sec 357 of the Municipal Act.

FINANCIAL IMPACT

Property taxes to be adjusted equal:

Municipal Taxes County Taxes English Public Education Taxes Commercial No Support Taxes

TOTAL

$ 262.88 $ 302.70 $ (598.73) $3,927.94

$3,894.79

TR026-1 6 OARequest to Write Off /Adjust 2015 & 2016 ~axes

SUMMARY/OPTIONS

Council may:

1. Take no action

Page 2 of 2

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

CONCLUSION

The Tax Collector does not conduct site inspections regarding these applications; however, the Tax Collector may use internal resources, such as the Fire Dept and Building Dept to confirm the write offs are warranted.

Respectfully submitted:

Vera Vieira Tax Collector

Reviewed by:

Greg Murphy 1 -

CAO

Attachment:

Schedule "A" Schedule "B"

Reviewed by:

Cari=Mohr Manager of Finance

Schedule "A"

Rebate for Commercial/Residential Property - Section 357

TOWNSHIP OF ESSA 43-21 For 2015

PBOPl:;!II Y MUNICIPAL TAX RATES

CLASS MUNICIPAL COUNTY

RESIDENTIAL 0.247229% 0.299958%

COMMERCIAL OCC 0.309556% 0.375577%

COMMERCIAL VAC 0.216689% 0.262905%

FARMLAND 0.061807% 0.074990%

PIPELINE 0.320558% 0.388926%

MANAG'D FOREST 0.061807% 0.074990%

INDUSTRIAL OCC 0.380363% 0.461485%

INDUSTRIAL VAC 0.247236% 0.299965%

SCHOOL& ROLL# Muni Address/Desc CLASS

010-010-20304-0000 Plan 160A Pt Lot 14 & 15 CTN

RP 51R26528 Pts 2 & 3 RTEP

..... --

FRENCH SEP/PUB

0.195000%

0.048750%

0.048750%

ORIGINAL ASSESS

$116,000

$0

$1 16,000

SCHOOL TAX RATES

ENGLISH SEP/PUB NO SUPPORT

0.195000%

1.190000%

0.833000%

0.048750%

1.398754%

0.048750%

1.530000%

0.994500%

REVISED ASSESS ENG-FRE CTN NO INCREASE ASSESS CHANGE MUNICIPAL COUNTY SEP/PUB SUPPORT DECREASE TOTAL REBATE

$0 ($116,000) ($359.08) ($435.67) ($1 ,380.40) ($2,175 .15)

$108,538 $1 08,538 $268.34 $325.57 $211.65 $805.55 ($1,369.60)

$108,538 ($7,462) ($90 .75) ($110.10) $21 1.65 ($1,380.40) ($1,369.60) (1,369.60)

~

Schedule "B"

Rebate for Residential/Commercial Properties -Sec 357

TOWNSHIP OF ESSA 43-21 For 2016

PROPERTY MUNICIPAL TAX RATES

CLASS MUNICIPAL COUNTY

RESIDENTIAL 0.267165% 0 .298947%

COMMERCIAL OCC 0.334517% 0.374312%

COMMERCIAL VAC 0.234162% 0.262018%

FARMLAND 0.066791% 0.074737%

PIPELINE 0.346406% 0.387615%

MANAG'D FOREST 0.066791% 0.074737%

INDUSTRIAL OCC 0.41 1033% 0.459930%

INDUSTRIAL VAC 0.267171% 0.298954%

SCHOOL & ROLL# Muni Address/Desc CLASS

010-010-16001-0000 Plan 160A CTN

Lot 106 RTEP

010-010-20304-0000 Plan 160A Pt Lot 14 & 15 CTN

- ... RP 51R 26528 Pts 2 & 3 RTEP

I-;. r-

FRENCH SEP/PUB

0.188000%

0.047000%

0.047000%

ORIGINAL ASSESS

$227,000

$0

$121,000

$0

$348,000

cf SCHOOL TAX RATES

ENGLISH SEP/PUB NO SUPPORT

0.188000%

1.180000%

0.826000%

0.047000%

1.372051%

0.047000%

1.500000%

0.975000%

REVISED ASSESS ENG-FRE CTN NO INCREASE ASSESS CHANGE MUNICIPAL COUNTY SEP/PUB SUPPORT DECREASE TOTAL REBATE

$0 ($227,000) ($317.43) ($355.20) ($1,119.74) ($1,792.37)

$227,000 $227,000 $253.52 $283.68 $178.40 $715.60 ($1,076.77)

$0 ($121,000) ($404.77) ($452.92) ($1,427.80) ($2,285.48)

$111,000 $111,000 $296.55 $331.83 $208.68 $837.06

($1,448.42)

$338,000 ($10,000) ($172.13) ($192.60) $387.08 ($2,547.54) ($2,525.19) ($2,525.1 9)

STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION

TOWNSHIP OF ESSA STAFF REPORT

TR027-16

October 19, 2016

Committee of the Whole

Carol Mohr, Manager of Finance

Set 2017 Budget Deliberation Meetings

That Staff Report TR027-16 be received; and

That Council will schedule the Special meetings of Council for 2017 budget deliberation on Wednesday November 16, 2016 from 1 :OOpm to 5:00pm and Wednesday December 7, 2016 from 1 :00 pm to 5:00pm and Wednesday December 21, 2016 from 1 :OOpm to 5:00pm.

BACKGROUND

The Manager of Finance distributed the 2017 budget working papers to Department Heads and Supervisors on October 4, 2016. The CAO and the Manager of Finance will review the preliminary budgets with Department Heads and Supervisors. The completed budget working papers will be circulated to Council before the first budget meeting.

COMMENTS AND CONSIDERATIONS

It is a requ irement under the Municipal Act to provide notice to the public of all Special meetings of Council. Council may wish to review the optional meeting dates, as listed below, to accommodate their individual schedules.

FINANCIAL IMPACT

There is no financial impact at this time.

SUMMARY/OPTIONS

Council may:

1. Take no action

2. Schedule the Special meetings of Council for 2017 budget deliberation as follows:

~ TR027-16 ~ Set 2017 Budget meetings

Page 2 of 2

Wednesday November 16, 2016 from 1 :00 pm to 5:00pm and Wednesday, December 7, 2016 from 1:00 pm to 5:00pm and Wednesday December 21, 2016 from 1:00 pm to 5:00pm.

3. Schedule the Special meetings of Council for 2017 budget deliberation at the choice of Council.

CONCLUSION

Option # 2 is recommended

Respectfully submitted: Reviewed by:

(~ CaMohr Manager of Finance

Attachment: Calendar for November and December 2016.

---------·------- ----

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--- - -- - -- ---·- ---------- ----------------- - - - -------- - ----

STAFF REPORT NO.:

DATE:

TO:

FROM:

SUBJECT:

RECOMMENDATION

TOWNSHIP OF ESSA STAFF REPORT

C015-16

October 19, 2016

Committee of the Whole

Bonnie Sander, Clerk

Exemption to By-law 2011-20 - Salvage Yards

That Staff Report C015-16 be received; and That Council consider a two year exemption to By-law 2011-20, Schedule "6", for the construction of a fence to fulfill the requirements of a Salvage Yard License located at 5507 County Road 90.

BACKGROUND

By-law 2011-20- Business Licensing By-law, including Schedule "6" - Salvage Yards, was passed by Council on April 20, 2011. This by-law and schedule dictates the regulations which are required when issuing salvage yard licenses.

Tracey Auto Wreckers has held a Salvage Yard license at 5507 County Road 90, for many years. In 2013, Tracey's approached Council for an exemption to the Business Licensing By­law - Salvage Yards to install a fence on the perimeter of the property within the next two to three years. Again in 2016, Tracey's approached Council for another exemption for the next two years to install a fence/berm. In both cases, Council approved the exemption.

COMMENTS AND CONSIDERATIONS

A request has now been received from a prospective purchaser of Tracey Auto Wreckers to apply for a Salvage Yard license. They have submitted a request for an exemption of two years to allow them time to install a fence on the perimeter of the property.

FINANCIAL IMPACT

The annual license fee for a Salvage Yard is $250.00.

SUMMARY/OPTIONS

Council may:

~ Report C015-16 Exemption - Salvage Yard Licence October 19, 2016

1. Do nothing.

Page 2 of 2

2. Deny the request from the prospective purchaser of 5507 County Road 90 as it is in contravention of By-law 2011 -20 - Salvage Yards.

3. Approve the request for a two year exemption for the construction of a fence from the prospective purchaser of 5507 County Road 90 in order to obtain a Salvage Yard License.

CONCLUSION

It is recommended that Council approve Option 3.

Re&::b1~. Bonnie Sander Clerk

Attachment:

Reviewed by:

Greg Murphy Chief Administrative Officer

1. Correspondence from prospective purchaser 2. Excerpt of By-law 2011-20, Schedule "6"

• JOH.NG. RICHARDSON B/\RRlSTfR & SOLICTTOR

October 6, 2016

DELIVERED

Township of Essa 5786 County Road 21 Utopia, Ontario LOM ITO

Attention: Ms. Bonnie Sander, Clerk

Dear Ms. Sander:

Direct Line: ( 416) 410-0615 E-mail Address: j richardson@jgrlaw.com

Re: 9916024 Canada Inc., carrying on business as Tracey Auto Wreckers 2016 re Section 7 Schedule 6 to By-law 2011-20

We act for 9916024 Canada Inc, carrying on business as Tracey Auto Wreckers 2016, the purchaser of the premises known municipally as 5505 County Road 90 and the purchaser of the business located at and operated from that location. We are instructed to request, and do so by this letter, a continuation of the two year exemption to Section 7 Schedule 6 to the Township's Business Licensing By-law, By-law 2011-20 for the installation of a benn/fence, which exemption was granted by resolution CW153-2016.

We thank you for your assistance in this matter and thank Council for its consideration of the request set out above.

Yours very truly,

John G. Richardson JGR:ls

18 1 University Avenue, S~OO, Toronto, Ontario MSH 3M7 Telephone: (416) 4 10-06 15 Facsimi le: (416) 946-1326

Website: www.jgrlaw.com

1.

2.

3.

4. x 4.1

4.2

4.3

4.4

4.5

4.6

4.7

SCHEDULE "6"

SALVAGE YARDS

Authority

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Municipal Act, 2001, S.O. 2001, c. 25, as amended, Sections 150 through 153.

Purpose

The licensing of the operating of salvage yards is for the purpose of nuisance control and health and safety.

Definitions

"Licensed Tire Compound" is defined under the Environmental Protection Act.

"Neutral" means having little or no colour and blending with the surrounding environment.

"Revoked" means loss of license.

"Salvage Yard" means an automobile wrecking yard or premises; and any similar wrecking yard .

General

No person shall operate a salvage yard in the Township unless the person is a holder of a valid license issued under this By-law.

No person shall operate a salvage yard unless the land on which the salvage yard is located has been specifically zoned for such a use and complies with the Township's most current zoning by-law or is a permitted non-conforming use under such by-law.

No person shall operate a salvage yard on land that is covered by water or prone to flooding and no person shall locate a salvage yard operation so that drainage leads to any watercourse.

Any person operating a salvage yard shall locate the operations on the site so as to keep dust , noise, traffic, and other disturbances to a minimum.

An operator of a salvage yard shall keep the salvage yard free from fire hazards, vermin and other hazards to the health and safety of persons or property.

No person shall openly burn, or permit open burning of any material in a salvage yard.

No person shall operate a salvage yard in a disorderly fashion or leave the salvage yard attended by other than a responsible person.

a. All fluids, including antifreeze and gasoline, shall be drained from derelict vehicles before they are processed.

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b. All fluids are to be disposed of in accordance with the Environmental Protection Act, R.S.O. 1990, c. E. 17, and other applicable legislation, unless they are properly stored for the purposes of resate.

Salvage yard operators shall obtain a letter of compliance from the Ministry of the Environment certifying the safe operation of the salvage yard. The Township shall not issue a license or license renewal prior to the submission of the letter of compliance to the Issuer of Licenses.

This By-law does not include a licensed tire compound as defined under the Environmental Protection Act, R.S.O. 1990, c. E. 17.

Licensing

A supplementary application for a license to operate a salvage yard pursuant to this By­law shall be submitted in addition to the Business Application Form.

For the purposes of ensuring safe storage of materials and proper year round emergency access, in addition to the information the supplementary application-, the applicant shall submit a site plan of the salvage yard showing the following:

a. The boundary of the salvage yard;

b. The elevation of the property and the location of all drainage areas and all watercourses within 91 metres (100 yards) of the exterior boundary of the salvage yard operation;

c. The location of all existing and proposed buildings, driveways, parking areas, roads, grades and exterior storage areas;

d. The loca tion of all operating areas, dismantling areas and other areas in which noise or dust is likely to be generated;

e. The location, height and type of construction of all fences;

f. All fire prevention equipment.

5.3 The site plan shall be updated annually to show any changes, and shall be legible with accurate measurements.

5.4 All fire prevention equipment and procedures must be approved in writing by the Fire Official of the Township before the application will be considered complete.

5.5 A license may be revoked on any of the following grounds:

a. If any of the provisions of this By-law are contravened by the license holder;

b. If the license holder fails to operate the salvage yard in accordance with the application and license;

c. If the license holder's license has been suspended or cancelled under Section 59 of the Highway Traffic Act, R.S.O. 1990, c. HS, as amended;

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d. If a revoked license is to be reinstated, all infractions must be satisfactorily rectified in or out of court, as well as all fines and/or fees paid prior to receiving reinstatement; and

e. A fee as prescribed in the Fee Schedule will be levied for the reinstatement once item 5.5 (d) has been adhered to.

5.6 A license may be refused:

a. If the license holder has made any false statement in an application for license under this By-law;

b. If a license for a salvage yard at the same location, or operated at any other locatton in the Township by the same person or company as the proposed salvage yard, has been previously revoked under Section 5.5;

c. If the Township has reasonable grounds to believe that the salvage yard would not be established or operated in accordance wlth the provisions of this By-law or any other applicable by-law or legislation; or

d. If a salvage yard is not a permitted use on the subject land pursuant to the Township's Zoning By-law, or if the site is located in such proximity to a residential or built up area that its operation may cause interference with the enjoyment of amenities b y the surrounding residents.

5.7 A li'cense shall be refused where the applicant does not have a license to operate a salvage yard, issued under Section 59 of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, or where h is license under the said Section has been suspended or cancelled.

5.8 A license may be renewed provided the license holder maintains his operation in accordance with this Schedule, and upon completion of the Business Application Form and appropria te Supplementary Application as well as the payment of all fees .

5.9 Any person that owns or operates an unlicensed salvage yard or has his license revoked pursuant to this By-law shall, upon receiving written notice to do so, remove all derelict vehicles and used or scrapped vehicle parts from the site to an approved salvage yard, or shall remove all the aforesaid items to a licensed location for proper and immediate disposal.

6. Hours of Operation and Fnspecti on

6.1 No person shall conduct any operations, including dismantling operations, between the hours of 6:00 p.m . and 7:00 a.m.

6.2 No person shall prevent a By-law Enforcement Officer of the Township from inspecting the premises of a salvage yard at any time.

6.3 A license holder shall permit and provide entry to a By-law Enforcement Officer to inspect the premises of a salvage yard, including all dismantling machinery, vehicles and the interior of any buil.ding to determine compliance with the provisions of this By- law.

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Building and Site Requirements

No person shall operate a salvage yard operation other than within an enclosed burlding or within an area surrounded by a fence or other visual barrier that is a minimum of 2.438 metres (8 feet) in height.

The fence in subsection 7.1 above shall be either masonry, metal, wood or a composition thereof, and if constructed of wood or metal, shall be a uniform neutral colour.

No vehicle or salvage shall be stacked to a height greater than the fence or visual barrier erected in accordance with subsection 7.1 above.

An existing fence is satisfactory for the purpose of this section if it is a uniform, neutral colour and provided that any new fence or replacement fence is of a uniform composition.

The storage of vehicles or salvage is not permitted outside the compound or on the front parking area of the salvage yard. The front area must be kept clean. at all times.

A salvage yard shall have a driveway of a minimum width of 7.62 metres (25 feet).

All driveways and parking areas shall be treated so as to provide a stable surface for the movement and parking of vehicles.

All buildings and an fences in a salvage yard shall be kept in a good state of repair and in conformity with all applicable legislation and by-laws of the Township, including the Property Standards By-law.

Insurance

The Township shall not issue a license under this schedule unless the applicant obtains liability insurance in the amount of three ($3) million dollars and provides the Township proof of such insurance, showing the Township as additionally insured.

The applicant shall keep the liability insurance current for the term of the license and shall instruct the insurer to provide 10 days' written notice to the Township of any cancellation, expiry or variation of such insurance.

The business license shall be invalid upon the cancellation or expiry of the liability insurance.