THE CORPORATION OF THE TOWNSHIP OF KING €€COUNCIL …

THE CORPORATION OF THE TOWNSHIP OF KING

COUNCIL MEETING AGENDA #23

MONDAY, DECEMBER 12, 2016 - 6:00 P.M.

COUNCIL CHAMBERS

Page

1. CALL TO ORDER

2. INTRODUCTION OF ADDENDUM ITEMSAny additional items not listed on the agenda would be identified for approval.

3. APPROVAL OF AGENDA

4. DECLARATIONS OF PECUNIARY INTEREST

5. MAYOR'S COMMENTS

6. ADOPTION OF MINUTES OF COUNCIL MEETINGS AND COMMITTEE REPORTS

6.1. COUNCIL MINUTES6.1.1 Minutes of the Council Meeting of November 28, 2016

6.1.2 Minutes of the Special Council Meeting of December 6, 2016

6.2. COMMITTEE REPORTS6.2.1 Committee of the Whole Reports of November 28, 2016

6.2.2 Committee of the Whole Closed Session Reports of November 28, 2016

6.2.3 Committee of the Whole Reports of December 6, 2016

7. NOTICE OF MOTION

8. MOTION TO RECESS INTO COMMITTEE OF THE WHOLE

9. RE-CONVENE COUNCIL MEETING

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Council Agenda - Mon., Dec. 12, 2016 Page

10. ADOPTION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS

11. MOTION TO RECESS INTO COMMITTEE OF THE WHOLE, CLOSED SESSION TOCONSIDER:Motion to move into Closed Session pursuant to Section 2.7(b) of the Procedural By-law Number 2007-76 to consider the items as set out in the Agenda. 11.1 Section 2.7(b), Subsections 5 and 6:

Litigation or Potential Litigation Affecting the Municipality Planning Department Report P-2016-53 Re: Ontario Municipal Board Appeal Britnell Court Minor Variance

11.2 Approval of Closed Session, Confidential Reports Committee Closed Session Confidential Report of November 28th, 2016

12. RE-CONVENE COUNCIL MEETING

13. BUSINESS ARISING FROM CLOSED SESSION

14. BY-LAWSBy-law #2016-103 A BY-LAW FOR THE REGULATION, PROTECTION AND GOVERNMENT OF PARKS, FACILITIES AS WELL AS THE REGULATION OF LOITERING, NUISANCE AND SMOKING IN THE TOWNSHIP OF KING (Ref. Clerks Dept. Report No.: CL-2016-17, C.O.W. Nov. 14/16 – Loitering, Nuisance and Smoking By-law)

By-law #2016-109 A BY-LAW TO AMEND BY-LAW NUMBER 2016-63, BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN SENECA COLLEGE AND THE CORPORATION OF THE TOWNSHIP OF KING. (Ref. Administration CAO Dept. Report No.: ADMIN-CAO-2016-09, C.O.W. Dec. 12/16)

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14. BY-LAWSBy-law #2016-110 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CERTAIN MEMORANDUM OF AGREEMENT BETWEEN KINGSFIELD ESTATES LTD., KING ROCKS DEVELOPMENT CR INC., KING GREEN DEVELOPMENTS CR INC., TAWES TRAIL INC., BRACOR DEVELOPMENTS INC., REMCOR KING INC. AND THE CORPORATION OF THE TOWNSHIP OF KING. (Ref. Administration CAO Dept. Report No.: ADMIN-CAO-2016-10, C.O.W. Dec. 12/16)

By-law #2016-111 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A SMALL CELL MASTER LICENSE AGREEMENT BETWEEN BELL MOBILITY INC. AND THE CORPORATION OF THE TOWNSHIP OF KING. (Ref. Administration IT Dept. Report No.: IT-2016-01, C.O.W. Dec. 12/16)

By-law #2016-112 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CERTAIN MEMORANDUM OF UNDERSTANDING REGARDING A JOINT SOLID WASTE COLLECTION CONTRACT BETWEEN THE NORTHERN SIX MUNICIPALITIES AND THE WASTE COLLECTION CONTRACTOR (Ref. Engineering, Public Works & Building Dept. Report No.: EPW-2016-41, C.O.W. Dec. 12/16)

By-law #2016-113 A BY-LAW TO EXEMPT CERTAIN LANDS FROM THE PART LOT CONTROL PROVISIONS OF THE PLANNING ACT (Ref. Planning Dept.: Cal-Wilsen Developments Inc., Highway 27 and Wilsen Road, Nobleton)

By-law #2016-114 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A JOINT NORTHERN SIX SOLID WASTE CONTRACT BETWEEN GREEN FOR LIFE (GFL) ENVIRONMENTAL INC. AND THE CORPORATION OF THE TOWNSHIP OF KING (Ref. Engineering, Public Works & Building Dept. Report No.: EPW-2016-41, C.O.W. Dec. 12/16)

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15. CONFIRMATION OF PROCEEDINGS BY-LAWBy-law #2016-115 A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING HELD ON DECEMBER 12, 2016

16. ADJOURNMENT

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THE CORPORATION OF THE TOWNSHIP OF KING COUNCIL MEETING #21 – MINUTES (DRAFT) MONDAY, NOVEMBER 28, 2016

The Corporation of the Township of King, 2075 King Road, King City, ON

Township Council met at 6:06 p.m. in the Council Chambers, Township of King Municipal Building, 2075 King Road, King City, with Mayor Pellegrini presiding. The following were present at this Meeting: Council Staff Mayor Steve Pellegrini Susan Plamondon – Chief Administrative Officer Councillor Cleve Mortelliti Kathryn Moyle – Director of Clerks/By-law Enforcement Councillor David Boyd and Township Clerk Councillor Linda Pabst Allan Evelyn – Director of Finance and Treasurer Councillor Bill Cober Stephen Kitchen – Director of Planning Councillor Debbie Schaefer Andrzej Drzewiecki – Director of Engineering, Public Works and Councillor Avia Eek Building Chris Fasciano – Director of Parks, Recreation and Culture Jim Wall – Fire Chief/CEMC Diane Moratto – Admin. Clerk – Council/Committee Jason Ballantyne – Communications Officer Jamie Smyth – Economic Development Officer Nancy Cronsberry – Deputy Clerk Denny Timm – Manager of Legislative Services Gaspare Ritacca – Manager of Planning & Development 1. CALL TO ORDER

Mayor Pellegrini called the meeting to order. A quorum was present. 2. INTRODUCTION OF ADDENDUM ITEMS The Clerk advised that a Committee of the Whole Closed Session meeting has been added to tonight’s meetings regarding a ‘Litigation or Potential Litigation Affecting the Municipality’ and the Council Agenda has been revised to reflect the addition of this meeting. The Clerk advised that an item has been PULLED from the Committee of the Whole Agenda, C.O.W. Item #1 – Parks, Recreation and Culture Department and King Public Libraries Joint Report JR-2016-06. The Clerk advised that correspondence has been received and circulated prior to this evening’s meeting for: Committee of the Whole Item #5 – Planning Dept. Report No.: P-2016-48 – Applications for Official Plan Amendment, Zoning By-law Amendment and Site Plan Development Approval and Committee of the Whole Item #6 – Planning Dept. Report No.: P-2016-47 – Zoning By-law Amendment Application, File No. Z-2016-13.

Minutes of the Council Meeting of November 28,

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Council Minutes – November 28, 2016


3. APPROVAL OF AGENDA A motion was made by Councillor Eek, seconded by Councillor Schaefer and carried that the Agenda for the Council Meeting of November 28th 2016 be adopted, as amended. 4. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest. 5. MAYOR’S COMMENTS Mayor Pellegrini highlighted the recently held and upcoming community events in the Township of King, being: Schomberg Zoning By-law Review, Main Street Christmas in Schomberg, Christmas in Nobleton, extension of the yard waste collection one (1) additional week, and the ‘Trees of Giving’ at the King Heritage and Cultural Centre (Museum). 6. PUBLIC MEETING(S)

6.1 Planning Department Report Number P-2016-49 Re: Applications for Official Plan Amendment OP-2016-03, Draft Plan of Subdivision 19T-06K01, and Zoning By-law Amendment Z-2016-07 Subject Lands: 2710 King Road; 13371 Jane Street; Part of Lots 7 & 8, Conc. 4 Applicant/Owner: Mansions of King Inc. c/o Joseph Chetti

(a) Presentation by Gaspare Ritacca, Manager of Planning and Development Mr. Ritacca reviewed Planning Department Report P-2016-49 and the proposed application for an amendment to the Township’s Official Plan (King City Community Plan) and seek approval for related applications for Draft Plan of Subdivision and Zoning By-law to permit the development of 318 residential dwellings comprised of single detached lots and one (1) block identified for medium density residential which may be either townhouse type dwellings or low rise apartments. The subject lands are located east of Jane Street, north of King Road, and described as Part of Lots 7 and 8, Concession 4 in King City. The subject lands are currently used for agricultural, rural and residential purposes and contain various environmentally sensitive areas and/or related buffers, including the main branch of the East Humber River Valley. Mr. Ritacca advised the application is subject to the King City Community Plan, the Township’s Official Plan, the Region of York’s Official Plan, the Provincial Policy/Plans and the Oak Ridges Moraine Conservation Plan. Mr. Ritacca noted that it is recognized that the proposed official plan amendment will assist in achieving the above noted growth targets set the by Growth Plan and the Region of York Official Plan. Mr. Ritacca commented that correspondence has been received and circulated prior to this evening’s meeting. (b) Presentation by Applicant Robert Dragicevic, Senior Principal, Walter, Nott Dragicevic Associates Limited, provided a slide presentation overview on the application and commented on the following: the project team, application background, supporting documents, opportunities and constraints, proposal, low impact techniques, and conclusions. Mr. Dragicevic advised that the applicant is willing to work


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with the Ministry of Natural Resources, TRCA, the Kingscross Ratepayers Association and staff with respect to this application. Mr. Dragicevic responded to questions.

(c) Public Comments and Concerns (i) Mary Muter

Ms. Muter read from a letter prepared by Gary Hunter and environmental and engineering consultants who commented on the following: grading plan, 2014 Hydrogeology Report, TRCA and compliance with the Base Line, regulatory flood limits throughout the property, and pre-development and post development water balances. Mr. Hunter noted the principle of the development has been established for this settlement area, the application is incomplete and has not demonstrated compliance with the Oak Ridges Conservation Plan (2002) and derived Official Plan policies. Ms. Muter, Co-Chair, Kingscross Ratepayers Association, spoke on their behalf and commented on the following: the 10m setback impingement areas, slope analysis of existing land condition, feasibility of second road connection to Jane Street versus Manitou Drive, indications from TRCA that conducted a recent site visit with the members that the Manitou connection will not be supported, monitoring of wells before and during construction, posting of a bond with the Township to cover costs of temporary water supply and well replacement if necessary, and the existing farmhouse on the lands and its potential uses.

(ii) Ian Hilley

Mr. Hilley spoke on behalf of the Kingscross Ratepayers Association advising that the residents of Kingscross have anticipated that there would be building on the lands subject to this planning application, however, many residents purchased their homes expecting the development of estate lot homes similar to those in Kingscross. Mr. Hilley commented the residents are disappointed with the form of development this application has taken as it doesn’t take into consideration the effects to the unique landscape, the existing flora and fauna, particularly trees and seasonal wetlands, and the existing, established neighbourhood and its residents. Mr. Hilley commented on concerns regarding new road connections, sensitivity to the landscape, construction traffic, increase in traffic and pedestrian safety, connection to the King City Trails, and existing well and septic systems. (iii) John Hollick Mr. Hollick advised of his opposition to the application and commented on traffic, road connections, history of Kingscross Estates, housing types, accountability and poor overall planning. Mr. Hollick noted that the Kingscross Estates homes are ideally suited to the rolling hills, valleys and streams found in this area and as these lands are not flat, the type of housing proposed is not suited to this area. Mr. Hollick asked that the Township continue to set King apart from other municipalities. (iv) Richard Bedard Mr. Bedard advised of his opposition to the application due to the effects the development will have on existing wells and well water, traffic, and safety.


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(v) Grace Yu Ms. Yu advised of her opposition to the development due to concerns with; private wells, the wet land, existing underground water, natural heritage, habitat for wildlife, opening of a road to Manitou Drive creating a short cut through Kingscross Estates, increased traffic pressure, density of the development, transition/buffer zones and privacy. (vi) Elizabeth Papadopoulos Ms. Papadopoulos commented on her concerns with the development’s potential effects on the heritage and natural environment of the area. (vii) Carolyn Diamond Ms. Diamond commented on the development’s impacts to the natural environment and the effects on the wildlife that exists on the subject lands. (viii) Julie Maciver Ms. Maciver questioned the number of lots which would be backing onto her property and expressed concerns with the effects the development will have on existing wells, buffer areas and wildlife. (ix) John Hollick Mr. Hollick commented that for those not aware, beaver ponds and beaver dens exist on the subject lands. (x) Susan Beharriell Ms. Beharriell commented on concerns with environmental impacts, compliance with Provincial Legislation, sustainability, and how the development will contribute to the natural heritage of the area. Ms. Beharriell asked that the applicant ‘go back to the drawing board’ and come back with an application more suited to the area.

Council recommends that all of the above deputations be received. Mr. Ritacca responded to questions. A motion was made by Councillor Schaefer, seconded by Councillor Cober and carried that Planning Department Report Number P-2016-49 be received, and the correspondence from Bruce Craig, Robert and Vibeke Ball, and Gary Hunter be received, and the recommendations therein be approved, as follows:

A. That Planning Report No. P-2016-49 be received; B. That the applications for Official Plan Amendment OP-2016-03, Draft Plan of

Subdivision 19T-06K01, and Zoning By-law Amendment Z-2016-07, submitted by Mansions of King Inc. to allow the residential development of the lands described as Part of Lots 7 & 8, Conc. 4, and providing for a reduction in the environmental buffers/minimum vegetation protection zone, and to allow an increase in the permitted density to 6 units per hectare for low density residential and to 43 units per hectare for medium density residential, to


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facilitate a residential development consisting of 318 residential units, be received and referred back to staff together with all agency, applicant, Township departments, Council and public comments for a further report following the receipt of the same and completion of the Planning Department’s review;

C. That the proposed Official Plan Amendment application be considered

concurrently as an element of the Township’s on-going overall Official Plan Review as well as the site specific official plan amendment review process;

D. That staff continue to work and meet with the applicant to review and address

the issues expressed by Council, the public, the applicant, Township departments and other public agencies and report back to Committee of the Whole.

7. ADOPTION OF MINUTES OF COUNCIL MEETINGS AND COMMITTEE REPORTS 7.1 Council Minutes 1. Minutes of the Council Meeting of November 14, 2016 A motion was made by Councillor Eek, seconded by Councillor Schaefer and carried that the Minutes of the Council Meeting of November 14, 2016 be adopted. 7.2 Committee Reports 1. Committee of the Whole Reports of November 14, 2016 A motion was made by Councillor Eek, seconded by Councillor Schaefer and carried that the Minutes of the Committee of the Whole Meeting of November 14, 2016 be adopted.

8. NOTICE OF MOTION There was no Notice of Motion. 9. RECESS INTO COMMITTEE OF THE WHOLE A motion was made by Councillor Cober, seconded by Councillor Pabst and carried that the Council Meeting recess into Committee of the Whole. The Council Meeting recessed at 7:45 p.m. 10. RE-CONVENE COUNCIL MEETING A motion was made by Councillor Boyd, seconded by Councillor Mortelliti and carried that the Council Meeting re-convene. The Council Meeting re-convened at 11:00 p.m. 11. ADOPTION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS OF

NOVEMBER 28TH, 2016 (a) Committee of the Whole


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A motion was made by Councillor Pabst, seconded by Councillor Cober and carried that the recommendations of the Committee of the Whole meeting of November 28th, 2016 be adopted. 12. MOTION TO RECESS INTO COMMITTEE OF THE WHOLE CLOSED SESSION A motion was made by Councillor Schaefer, seconded by Councillor Eek and carried that the Council Meeting recess into Committee of the Whole, Closed Session, to consider the following items: Motion to move into Closed Session pursuant to Section 2.7 of the Procedural By-law Number 2007-76 to consider the items as set out in the Agenda.

12.1 Section 2.7(b), Subsections 5 and 6: Litigation or Potential Litigation Affecting the Municipality

Planning Department Verbal Report Re: Ontario Municipal Board Matter Energy Official Plan Amendment (OPA) Appeal Update

12.2 Approval of Closed Session, Confidential Reports

Committee Closed Session Confidential Report of November 1st, 2016

The Council Meeting recessed into Closed Session at 11:03 p.m.

13. RE-CONVENE COUNCIL MEETING A motion was made by Councillor Mortelliti, seconded by Councillor Schaefer, and carried that the Council Meeting re-convene. The Council Meeting re-convened at 11:30 p.m. 14. BUSINESS ARISING FROM CLOSED SESSION


Planning Department Verbal Report Re: Ontario Municipal Board Matter

Energy Official Plan Amendment (OPA) Appeal Update A motion was made by Councillor Eek, seconded by Councillor Pabst and carried that the verbal report by the Director of Planning be received and that staff proceeds as directed.

14.2 Approval of Closed Session, Confidential Reports

Committee Closed Session Confidential Report of November 1st, 2016 A motion was made by Councillor Eek, seconded by Councillor Pabst and carried that the Closed Session Confidential Report of November 1st, 2016, be approved.


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15. BY-LAWS A motion was made by Councillor Boyd, seconded by Councillor Cober and carried that the following By-laws be taken as read a first, second and third time and passed: By-law #2016-104 A BY-LAW TO AMEND ZONING BY-LAW NUMBER 74-53, AS

AMENDED (Ref. Planning Dept. Report No.: P-2016-47, C.O.W. Nov.28/16, File No.: Z-2016-13, Pt. Lot 19 & 20, Conc. 6, File No. Z-2016-13)

By-law #2016-105 A BY-LAW TO AUTHORIZE THE USE OF AUTOMATED VOTING

EQUIPMENT FOR THE 2018 MUNICIPAL ELECTION FOR THE CORPORATION OF THE TOWNSHIP OF KING (Ref. Clerks Dept. Report No.: CL-2016-18, C.O.W. Nov. 28/16 – Automated Voting Equipment – 2018 Municipal Election)

By-law #2016-106 A BY-LAW TO AMEND BY-LAW NUMBER 2006-68, BEING A BY-LAW

REQUIRING CONNECTION TO THE KING CITY SANITARY SEWAGE SYSTEM AND FOR CHARGING THE OWNERS OF LANDS THEREFORE

(Ref. Engineering, Public Works & Building Dept. Report No. EPW-2013-37, C.O.W. June 24/13)

16. CONFIRMATION OF PROCEEDINGS BY-LAW By-law #2016-107 A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT

ITS MEETING HELD ON NOVEMBER 28, 2016 A motion was made by Councillor Boyd, seconded by Councillor Cober and carried that By-law Number 2016-107 be taken as read a first, second and third time and passed.

17. ADJOURNMENT There being no further business, Mayor Pellegrini declared the meeting to be adjourned. The meeting adjourned at 11:33 p.m.

______________________________ Steve Pellegrini

Mayor

______________________________ Kathryn Moyle

Director of Clerks/By-law Enforcement Township Clerk


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THE CORPORATION OF THE TOWNSHIP OF KING SPECIAL COUNCIL MEETING #22 – MINUTES (DRAFT) TUESDAY, DECEMBER 6, 2016


Township Council met at 6:03 p.m. in the Council Chambers, Township of King Municipal Building, 2075 King Road, King City, with Mayor Pellegrini presiding. The following were present at this Meeting: Council Staff Mayor Steve Pellegrini Susan Plamondon – Chief Administrative Officer Councillor Cleve Mortelliti Nancy Cronsberry – Deputy Clerk Councillor David Boyd Allan Evelyn – Director of Finance and Treasurer Councillor Linda Pabst Andrzej Drzewiecki – Director of Engineering, Public Works and Councillor Bill Cober Building Councillor Debbie Schaefer Rona O’Banion – CEO and Chief Librarian Councillor Avia Eek Chris Fasciano – Director of Parks, Recreation and Culture Jim Wall – Fire Chief/CEMC Diane Moratto – Admin. Clerk – Council/Committee Jason Ballantyne – Communications Officer Denny Timm – Manager of Legislative Services Jon Bell – Acting Comm. Engagement Supervisor 1. CALL TO ORDER

Mayor Pellegrini called the meeting to order. A quorum was present. 2. INTRODUCTION OF ADDENDUM ITEMS There were no addendum items. 3. APPROVAL OF AGENDA A motion was made by Councillor Eek, seconded by Councillor Schaefer and carried that the Agenda for the Special Council Meeting of December 6th 2016 be adopted. 4. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest. 5. MAYOR’S COMMENTS On behalf of the Members of Council and King Township, Mayor Pellegrini offered condolences to the family of Dalton Hicks on his sudden passing.

Minutes of the Special Council Meeting of

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Council Minutes – December 6, 2016


6. RECESS INTO COMMITTEE OF THE WHOLE A motion was made by Councillor Cober, seconded by Councillor Pabst and carried that the Council Meeting recess into Committee of the Whole. The Council Meeting recessed at 6:05 p.m. 7. RE-CONVENE COUNCIL MEETING A motion was made by Councillor Pabst, seconded by Councillor Boyd and carried that the Council Meeting re-convene. The Council Meeting re-convened at 7:44 p.m. 8. ADOPTION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS OF

DECEMBER 6TH, 2016 (a) Committee of the Whole A motion was made by Councillor Eek, seconded by Councillor Schaefer and carried that the recommendations of the Committee of the Whole meeting of December 6th, 2016 be adopted. 9. CONFIRMATION OF PROCEEDINGS BY-LAW By-law #2016-108 A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT

ITS MEETING HELD ON NOVEMBER 28, 2016 A motion was made by Councillor Cober, seconded by Councillor Pabst and carried that By-law Number 2016-108 be taken as read a first, second and third time and passed.

10. ADJOURNMENT There being no further business, Mayor Pellegrini declared the meeting to be adjourned. The meeting adjourned at 7:45 p.m.

______________________________ Steve Pellegrini

Mayor

______________________________ Nancy Cronsberry

Deputy Clerk

Minutes of the Special Council Meeting of

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COMMITTEE OF THE WHOLE MEETING MINUTES (DRAFT) MONDAY, NOVEMBER 28, 2016


Township Committee of the Whole met at 7:45 p.m. in the Council Chambers, Township of King Municipal Building, 2075 King Road, King City with Councillor Eek presiding. The following were present at this Meeting: Council Staff Mayor Steve Pellegrini Susan Plamondon – Chief Administrative Officer Councillor Cleve Mortelliti Councillor David Boyd Councillor Linda Pabst Councillor Bill Cober Councillor Debbie Schaefer Councillor Avia Eek

Kathryn Moyle – Director of Clerks/By-law Enforcement and Township Clerk Allan Evelyn – Director of Finance and Treasurer Stephen Kitchen – Director of Planning Andrzej Drzewiecki – Director of Engineering, Public Works and Building Chris Fasciano – Director of Parks, Recreation & Culture Jim Wall – Fire Chief/CEMC

Diane Moratto – Admin. Assistant – Council/Committee Jason Ballantyne – Communications Officer Jamie Smyth – Economic Development Officer Nancy Cronsberry – Deputy Clerk Denny Timm – Manager of Legislative Services

1. INTRODUCTION OF ADDENDUM ITEMS The Clerk advised that Committee of the Whole Item #1 – Parks, Recreation and Culture Department and King Township Public Libraries Joint Report Number JR-2016-06 has been PULLED from the Agenda. 2. APPROVAL OF AGENDA Committee recommended and carried that the Agenda for the Committee of the Whole Meeting of November 28th 2016 be approved, as amended. 3. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest. Councillor asked that Committee of the Whole Item #6 6.1 be moved forward at this time.

Committee of the Whole Reports of November 28,

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- 2 - C.O.W. Minutes – November 28, 2016 (Draft)


6. DEPUTATION(S) 6.1 Altaf Stationwala, President and CEO Mackenzie Health

Re: Mackenzie Vaughan Hospital Project Update Mr. Stationwala, President and CEO of Mackenzie Health, Hafeez Habib, Vice-President, Project Delivery, Plenary Group and Stuart Elgie, Senior Principal, Business Centre Sector Leader, Stantec Architecture, provided an update on the status of the Mackenzie Vaughan Hospital Project and provided a slide presentation and video overview on the following: their Vision, Mission, Values, Guiding Principles, and Character, their service model, emergency department pressures, project stages, planning, partnerships, projects under construction, layout of new hospital, and technology and innovation. Committee recommends that the deputation by Mr. Stationwala, Mr. Habib and Mr. Elgie be received. 4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION 4.1 Items # 2, 3, 4, 5, 6 5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION There were no items not requiring separate discussion. 7. AGENDA ITEMS C.O.W. #1 – THIS ITEM WAS PULLED Parks, Recreation and Culture Department and King Township Public Libraries Joint Report Number JR-2016-06 Re: Joint Construction Project – King City Library & Seniors Centre C.O.W. #2 Administration Report Number ED-2016-05 Re: Economic Development Strategy (EDS) Progress Report Jamie Smyth, Economic Development Officer, provided a slide presentation progress overview on the Economic Development Strategy (EDS) and commented on the following: communication tools, key findings and context, major collaborative initiatives, objectives, investment readiness, commitment to community and sustainability, culture of entrepreneurship, a strong innovative rural brand, next steps, and the goals for EDS 2014-2018 and beyond. Mr. Smyth responded to questions. Committee considered Administration Department Report Number ED-2016-05 to provide a progress update after three (3) years of implementing the Five Year Economic Development Strategy. Committee recommends that Administration Department Report Number ED-2016-05 be received, and the recommendations therein be approved, as follows:


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a) THAT Administration Report No. ED-2015-05 be received as information; b) THAT Council support conducting a Committee of the Whole Working Session prior

to the end of May 2017 for the purpose of validating Strategy progress to date and to obtain guidance from Council on proposed action item priorities going forward with the new five Year Economic Development Strategy;

c) THAT Council direct staff to prepare a work plan and timeline for the development of

a new five year Economic Development Strategy with the intent of obtaining Council approval and adoption of Strategy for no later than May of 2018.

C.O.W. #3 Clerks Department Report Number CL-2016-19 Re: Township’s Authority to Enact a Nuisance By-law to Control Dust Committee considered Clerks Department Report Number CL-2016-19 to provide an update on the Township’s authority to enact a nuisance by-law to control dust. Committee recommends that Clerks Department Report Number CL-2016-19 be received, and the recommendations therein be approved, as follows:

a) Report CL-2016-19 be received as information.

C.O.W. #4 Clerks Department Report Number CL-2016-18 Re: 2018 Municipal Election & Bill 181, Municipal Elections Modernization Act, 2016 Committee considered Clerks Department Report Number CL-2016-18 to provide information on approved changes to the Municipal Elections Act contained within Bill191, the Municipal Elections Modernization Act, and to highlight changes that impact the delivery of the October 22, 2018 municipal and school board elections. Committee recommends that Clerks Department Report Number CL-2016-18 be received, and the recommendations therein be approved, as amended, as follows:

a) Report CL-2016-18 be received as information; and b) That Committee maintains its previous commitment to conduct the 2018 municipal

election consistent to that of the prior 2014 municipal election, with the use of Optical Scanning Vote Tabulators awarded to Dominion Voting Systems Corp. for the 2014/2018 municipal elections, in accordance with the approved recommendations in Report CL-2014-08; and

c) That Committee maintains the existing first-past-the-post election model for the

2018 municipal election; and d) That Committee recommends that By-law 2016-105, attached as Appendix B, being

a by-law authorizing the use of Optical Scanning Vote Tabulators for the 2018 municipal election, be enacted at this evening’s meeting of Council; and


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e) That the source of funding for the Optical Scanning Vote Tabulators be from the

2018 municipal elections budget; and f) That the Mayor and Clerk be authorized to execute the necessary agreement(s). g) That staff report back with detailed information regarding administration of and

funding for a potential Contribution Rebate Program. C.O.W. #5 Planning Department Report Number P-2016-48 Re: Applications for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Development Approval File No. OP-2011-01, Z-2011-05 and SPD-11-08 Part Lot 21, Concession 2 1380 Wellington Road West, Snowball Owner/Applicant: 1186675 Ontario Limited (G&L Group) Agent: Cambium Environmental DEPUTATION(S) (i) Sonia Quattrociocchi Ms. Quattrociocchi commented on her opposition to the application and expressed concerns with; development taking over green space, effects on the quality of life for residents, traffic and safety, dust nuisance and possible expansion of the aggregate site. Committee recommends that the deputation by Ms. Quattrociocchi be received. (ii) Sher St. Kitts Ms. St. Kitts advised that nothing at this property seems to have changed since the previous time it came before Council and that this site is a bad situation which is only going to get worse. Ms. St. Kitts commented on; property values, noise, truck traffic, air quality, silt on roadway, well water quality, enforcement of by-laws and the future of the Hamlet of Snowball. Ms. St. Kitts asked that Council make a decision on this property matter once and for all and not approve the application before them this evening. Committee recommends that the deputation by Ms. St. Kitts be received. (iii) Lou Ferrante Mr. Ferrante spoke on behalf of his father, a resident in Snowball, who is opposed to this application going forward. Mr. Ferrante commented that should Council approve the proposed application that they ensure the property owners will receive significant fines should they be found not compliant with Township by-laws or Provincial legislation. Committee recommends that the deputation by Mr. Ferrante be received.


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(iv) Greg Farren Mr. Farren commented that he is completely against the expansion of the property. Mr. Farren noted the applicant has machinery in place and the new storage building is on site ready to go and he doubts the owner will adhere to any of staff’s recommendations in the report, if approved. Mr. Farren noted that the applicant promised to install sprinklers for the site in the previous application that came before Committee but as yet nothing has been done. Mr. Farren questioned how By-law Enforcement could possibly monitor and police this operation twenty-four (24) hours a day, seven days a week. He further commented upon concerns being; impact to existing wells, salt seepage into wells and waterways, truck traffic, dust, noise, height of the storage building, hours of operation, property values, and quality of life for the area residents. Mr. Farren asked that Committee put an end to this matter now as it has been going on far too long. Committee recommends that the deputation by Mr. Farren be received. Committee considered Planning Department Report Number P-2016-48 to advise of an application received to permit the development of a building for industrial storage purposes and expand the outside storage of aggregates and like materials by approximately 780 cubic metres on the subject property. The owner has reportedly purchased the structural components of a building that was previously erected elsewhere and intends to reassemble the structure on the subject property to provide space for materials, equipment and machinery and possible indoor storage of salt during winter months. An extension of the industrial zoning is necessary to locate the proposed building and additional outside storage and facilitate circulation and movement of vehicles on site. Committee recommends that Planning Department Report Number P-2016-48 be received, the correspondence from Greg Farren be received, and that having considered the comments and concerns raised through correspondence and deputations by residents, that the recommendations therein be approved, as amended, as follows:

A. That Planning Report No. P-2016-48 be received; and

B. That Official Plan Amendment, Zoning By-law Amendment, and Site Plan Development Approval applications, File Nos.: OP-2011-01, Z-2011-05 and SPD-11-08 submitted by 1186675 Ontario Limited (G&L Group) BE REFUSED.

C.O.W. #6 Planning Department Report Number P-2016-47 Re: Application for Zoning By-law Amendment Application, File No. Z-2016-13 Part Lot 19 & 20, Concession 6 4235 & 4355 17th Sideroad Owners: Mary Lou Rose (4235 17th Sideroad) Nature Conservancy of Canada (4355 17th Sideroad) Agent: Mark Stabb, Nature Conservancy of Canada


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DEPUTATION(S) (i) Bill Salmon Mr. Salmon advised he would like to see this application approved subject to conditions and commented on; protecting existing trails until a decision/strategy on the trail system has been finalized; a potential trail connection from the 7th Concession to a hydro corridor to the east and a link across the subject property; and existing trails to remain open to equestrian and hikers temporarily on NCC lands pending finalization of the Happy Valley Trail Strategy. Committee recommends that the deputation by Mr. Salmon be received. (ii) Paul Roberts Mr. Roberts commented that the NCC is a private corporation who hired a consultant (Stantec) to do a study on the NCC lands and potential trail and equestrian usage of which none of the findings have been released to the public. Mr. Roberts asked that amendments be made to the staff report recommendations to provide for equestrian uses consistent with historic activity for the interim, pending finalization of the NCC’s property management plan and the development of the Township’s trail strategy focusing on a variety of users which will permit continued access to the historic trails on the property. Committee recommends that the deputation by Mr. Roberts be received. (iii) Mark Stabb Mr. Stabb spoke on behalf of the Nature Conservancy of Canada (NCC) advising that the NCC have always said they would work with property owners to allow equestrian access on their lands as long as there is no impact on the environment or interference with endangered species on the lands. Mr. Stabb noted that any/all properties will be looked at on a case by case basis and noted that a formal Trails Master Plan is being developed that will identify if and where specific equestrian trails could be created, managed and funded. Mr. Stabb noted that the NCC is concerned allowing horses on the trail system may permit the transfer of invasive items being introduced onto the lands, which could be detrimental to the sensitive eco system within the Happy Valley Forest. Committee recommends that the deputation by Mr. Stabb be received. Committee considered Planning Department Report Number P-2016-47 to facilitate a zoning by-law amendment for conveyance of land from 4235 17th Sideroad to the property at 4355 17th Sideroad for natural heritage conservation purposes. The amendment seeks to sterilize the proposed severed lands for building purposes by restricting the range of permitted uses to those which are consistent with conservation purposes. In addition, lands are proposed to be conveyed from 4355 17th Sideroad to the property at 4235 17th Sideroad for continued residential purposes. The amendment further proposed to sterilize the remainder of the lands located at 4355 17th Sideroad by restricting the range of permitted uses to those which are consistent with conservation purposes. Concurrent consent applications have also been submitted by the applicant to the Township of King Committee of Adjustment for the purposes of severing and conveying the referenced lands. Committee recommends that Planning Department Report Number P-2016-47 be received, the correspondence from Bill Salmon, Deirdre Whitfield, and Norman Playfair, be received, and the recommendations therein be approved, as follows:


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A. That Planning Report No. P-2016-47 BE RECEIVED as information; B. That Zoning Amendment Application, File No. Z-2016-13, submitted by Mark Stabb

to rezone the subject properties, described as 4235 & 4355 17th Sideroad, Part Lot 19 & 20, Concession 6, from Rural General (RU1) and Rural General (RU1) - Exception Section 22.70, to Environmental Protection (EP) – Exception 27.23 BE APPROVED and that the Council enact the draft zoning by-law, including the following:

i) no person shall change the use of any land, building or structure or erect or use any building or structure except in accordance with the following uses:

a) Fish, wildlife and forest management; b) Conservation projects and flood and erosion control projects in conformity with

the Oak Ridges Moraine Conservation Plan; c) Transportation, infrastructure and utilities in conformity with the Oak Ridges

Moraine Conservation Plan; d) Uses accessory to the uses set out in paragraphs a) to c);

ii) Forest management under this by-law shall mean the management of woodlands:

a) to provide low-intensity outdoor recreation opportunities; b) to maintain, and where possible improve or restore, conditions for wildlife; and c) to protect water supplies.

7. NEW BUSINESS C.O.W. #7 Allocation of Proceeds from the Mayor’s Golf Tournament Re: King United Soccer Club Mayor Pellegrini asked that Committee consider allocating $200,000.00 from proceeds from the Mayors’ Golf Tournament be donated to assist with their overall funding contribution by King United Soccer Club to St. Villanova College for the construction of a new full sized soccer turf field with lights to be constructed at St. Thomas of Villanova College in King City. (2480 15th Sideroad) Motion Carried. C.O.W. #8 Association of Municipalities of Ontario (AMO) Resolution Re: ‘What’s Next Ontario?’ Mayor Pellegrini asked that Committee support the Resolution received from the Association of Municipalities of Ontario (AMO) regarding the ‘What’s Next Ontario?’ project and that staff forward a letter of support to the President of AMO. Motion Carried.


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8. ADJOURNMENT A motion was made by Committee and carried that the Committee of the Whole Meeting of November 28th, 2016 be adjourned. The meeting adjourned at 11:00 p.m. At the meeting of December 12th, 2016, a motion was made by Councillor xx, seconded by

Councillor xx and carried that the Committee of the Whole Report for the Meeting of November

28th, 2016 be adopted.

As amended Steve Pellegrini, Mayor


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COMMITTEE OF THE WHOLE

CLOSED SESSION MEETING – MINUTES (DRAFT) MONDAY, NOVEMBER 28, 2016


Committee of the Whole, Closed Session met at 11:08 p.m. in the Council Chambers, Township of King Municipal Building, 2075 King Road, King City with Councillor Eek presiding. The following were present at this Meeting: Council Staff Mayor Steve Pellegrini Susan Plamondon – Chief Administrative Officer Councillor Cleve Mortelliti Kathryn Moyle – Director of Clerks/By-law Enforcement Councillor David Boyd and Township Clerk Councillor Linda Pabst Stephen Kitchen – Director of Planning Councillor Bill Cober John Doherty-Solicitor Gowlings Councillor Debbie Schaefer Councillor Avia Eek 1. CALL TO ORDER Councillor Eek called the meeting to order. A quorum was present. 2. APPROVAL OF AGENDA Committee recommended and carried that the Agenda for the Committee of the Whole Closed Session Meeting of November 28th 2016 be approved. 3. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest. 4. ITEMS FOR DISCUSSION


Planning Department Verbal Report Re: Ontario Municipal Board Matter Energy Official Plan Amendment (OPA) Appeal Update

The Director of Planning and Mr. Doherty provided a verbal update on the status of an Energy Official Plan Amendment (OPA) appeal, specifically the current hearing and progress to date.

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Committee recommends that the verbal report by the Director of Planning and Solicitor be received and that a recommendation be adopted within the Open Session of Council for staff to proceed as directed. 5. APPROVAL OF CLOSED SESSION CONFIDENTIAL REPORTS

5.1 Committee Closed Session Confidential Report of November 1st, 2016

Committee reviewed the Closed Session Confidential Report of November 1st, 2016 and referred to the Council Meeting for adoption. 6. ADJOURNMENT A motion was made by Committee and carried that the Committee of the Whole Closed Session Meeting of November 1st, 2016 be adjourned. The meeting adjourned at 11:30 p.m. At the meeting of December 12th, 2016, a motion was made by Councillor xx, seconded by Councillor xx and carried that the Committee of the Whole Closed Session Report for the Meeting of November 28h, 2016 be adopted.


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COMMITTEE OF THE WHOLE MEETING MINUTES (DRAFT) TUESDAY, DECEMBER 6, 2016


Township Committee of the Whole met at 6:05 p.m. in the Council Chambers, Township of King Municipal Building, 2075 King Road, King City with Mayor Pellegrini presiding. The following were present at this Meeting: Council Staff Mayor Steve Pellegrini Susan Plamondon – Chief Administrative Officer Councillor Cleve Mortelliti Councillor David Boyd Councillor Linda Pabst Councillor Bill Cober Councillor Debbie Schaefer Councillor Avia Eek

Nancy Cronsberry – Deputy Clerk Allan Evelyn – Director of Finance and Treasurer Andrzej Drzewiecki – Director of Engineering, Public Works and Building Rona O’Banion – CEO and Chief Librarian Chris Fasciano – Director of Parks, Recreation & Culture Jim Wall – Fire Chief/CEMC

Diane Moratto – Admin. Assistant – Council/Committee Jason Ballantyne – Communications Officer Denny Timm – Manager of Legislative Services Jon Bell – Acting Comm. Engagement Supervisor

1. INTRODUCTION OF ADDENDUM ITEMS There were no addendum items. 2. APPROVAL OF AGENDA Committee recommended and carried that the Agenda for the Committee of the Whole Meeting of December 6th 2016 be approved. 3. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest. 4. AGENDA ITEMS C.O.W. #1 Administration CAO Report Number ADMIN-2016-08 Re: New Municipal Office –Project MOVE Update/Design and Project Budget 2585 King Road, King City, ON

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Susan Plamondon, CAO, introduced Project Leaders, Deepu Balaraman and Tom Wilson from Colliers International who provided a slide presentation overview/update on Project MOVE. Mr. Balaraman and Mr. Wilson reviewed the following: progress to date; pre-tender design updates, alternates (separate) price items, project budget, general contractors, project schedule and next steps. DEPUTATION(S) (i) Jakob Schneider Mr. Schneider asked why the Township is proposing a geothermal heating system over propane heating considering the rising costs of hydro and why the need for an additional gymnasium when there are ones currently in the Township that are not being fully utilized. Committee recommends that the deputation by Mr. Schneider be received. Mr. Balaraman, Mr. Wilson, and staff responded to questions Committee considered Administration CAO Report Number ADMIN-2016-08 to obtain approval of the design drawings for the proposed new municipal office, multi-purpose community facility and York Regional Police offices, to seek authorization to proceed to tender, and seek approval for the list of pre-qualified general contractors. Committee recommends that Administration CAO Report Number ADMIN-2016-08 be received, and the recommendations therein be approved, as follows:

a) That Administration Report CAO Report Number CAO-2016-08 be received; and b) That Committee approve the pre-qualified general contractors for the purposes of

Project MOVE as follows:

1. Aquicon Construction Co. Ltd. 2. Buttcon Limited 3. Elite Construction Inc. 4. JR Certus Construction Co. Ltd. 5. Nexrock Design Build Inc.

and

c) That Committee approve the detailed design as presented by +VG Architects, the

Prime Consultant; and d) That Committee approve the overall Project MOVE budget in the amount of $21.5

million as described in this report; and e) That staff be directed to continue to work with the Project Manager and the Prime

Consultant to identify opportunities to reduce costs through value engineering practices; and

f) That staff be authorized and directed to issue the tender for Project MOVE as set

out in this report.


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C.O.W. #2 Parks, Recreation and Culture Department and King Township Public Libraries Joint Report Number JR-2016-06 Re: Joint Construction Project – King City Library & Seniors Centre Rona O’Banion, CEO and Chief Librarian, introduced Alar Kongats from Kongats Architects who were contracted to work on the design/construction of the proposed joint project for the King City Library expansion and the relocation of the King City Seniors Centre to the Library site. Mr. Kongats provided a slide presentation overview of the joint project and commented on the following: the existing site plan, bringing the King City Seniors Centre up to Provincial accessibility and community standards, bringing the library up to Provincial standards, benefits of merging the two (2) facilities together, the Lantern Option versus Open Hand Option, the proposed design and next steps. DEPUTATION(S) (i) Sharan Dhillon Ms. Dhillon, Chair of the Mayors’ Youth Action Committee commented; how the joint project between the King City Library and Seniors Centre will benefit the community by bringing together youth, seniors, arts and culture; will create jobs for teens; offer community service hours for graduating students; and will serve multiple generations to come. (ii) Sylvia Pal Ms. Pal, Chair of the King Township Library Board, commented on how delighted everyone is with this joint proposal and noted how this will create a social hub, serve all age groups, help the library keep pace with growth and technology, and make the community feel welcome and proud to have such a fine facility. Committee recommends that the above deputations be received. Mr. Kongats and staff responded to questions. Committee considered Parks, Recreation and Culture Department and King Township Public Libraries Joint Report Number JR-2016-06 to inform of the progress made to relocate the King City Seniors Centre into a joint multi-use facility as part of the King City Library expansion project and gain endorsement to proceed to final design. Committee recommends that Parks, Recreation and Culture Department and King Township Public Libraries Joint Report Number JR2016-06 be received, and the recommendations therein be approved, as follows:

a) Report JR-2016-06 be received as information; and b) That Committee endorse the multi-use facility including the King City Seniors Centre

and the King City Library.


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5. ADJOURNMENT A motion was made by Committee and carried that the Committee of the Whole Meeting of December 28th, 2016 be adjourned. The meeting adjourned at 7:44 p.m. At the meeting of December 12th, 2016, a motion was made by Councillor xx, seconded by

Councillor xx and carried that the Committee of the Whole Report for the Meeting of December

6th, 2016 be adopted.



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BY-LAW NUMBER 2016-103

A BY-LAW FOR THE REGULATION, PROTECTION AND GOVERNMENT OF PARKS, FACILITIES AS WELL AS THE REGULATION OF LOITERING, NUISANCE AND SMOKING

IN THE TOWNSHIP OF KING

WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a

municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority under the Municipal Act, 2001 or any other Act;

AND WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001 permits a municipality to pass by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5, 6 and 8 of Subsection 11 (2) authorize by-laws respecting the economic, social and environmental well-being of the municipality, the health, safety and well-being of persons, and the protection of persons and property;

AND WHEREAS Section 115 of the Municipal Act, 2001 provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces;

AND WHEREAS Section 128 of the Municipal Act, 2001 permits a municipality to pass by-laws to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances and in the opinion of Council are or could become public nuisances;

AND WHEREAS Section 425 of the Municipal Act, 2001 permits a municipality to pass by-laws providing that any person who contravenes any by-law of the municipality passed under the Municipal Act, 2001 is guilty of an offence;

AND WHEREAS Subsection 444(1) of the Municipal Act, 2001 permits a municipality, if satisfied that a contravention of a by-law of the municipality passed under the Municipal Act, 2001 has occurred, to make an order requiring the person who contravened the by-law or who caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity;

AND WHEREAS the Smoke Free Ontario Act, S.O. 1994, c. 10 was enacted by the Province of Ontario on May 31, 2006 to prohibit smoking in all enclosed public places and workplaces and The Regional Municipality of York enforces the Smoke Free Ontario Act in York Region;

NOW THEREFORE the Council of the Corporation of the Township of King HEREBY ENACTS AS FOLLOWS:

I. ADMINISTRATION INTREPERTATION AND EXEMPTIONS

Short Title 1 This By-law may be referred to as “Parks, Facilities, Nuisance and Loitering By-law”

Administration 1.1 The Director will be responsible for the administration of this By-law including: a) designating and/or establishing Designated Areas within a Park; b) imposing regulations and conditions upon which Designated Areas shall be used; c) imposing regulations and conditions for the orderly use of a Park; d) posting signage of permission, regulation, restriction, warning or prohibition with respect to

uses of or activities in any Park in accordance with the provisions hereof; e) issuing permits for specific uses of or within a Park; f) imposing conditions as a requirement of obtaining, continuing to hold or renewing a Permit, in

addition to the requirements under this By-law, and such conditions may vary depending on the type of Permit;

g) where such authority has been delegated, is authorized to establish appropriate regulations, parking lots and parking spaces and roadways; and

h) revoking a Permit as a result of a breach of a condition of the Permit or a provision of this By-law.

Closure 1.2 The Director is authorized to close off for such period or periods as the Director deems

appropriate any Park or parts thereof to relieve or prevent overcrowding or traffic congestion, or in the interests of public safety, or as may otherwise be authorized by Council.

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Security Measures 1.3 The Director may place and maintain or cause to be placed and maintained in or about a Park

an alarm and/or other protective systems, including but not limited to security cameras.

Interpretation 1.4 This By-law shall be interpreted broadly so as to ensure the objective of the By-law.

1.5 For the purposes of this By-law:

a) In the interpretation and application of the provisions of this By-law, unless otherwise stated to the contrary, the provisions shall be held to be the minimum requirements for the promotion of the health, safety, comfort convenience and general welfare of the public.

Word Usage b) Words in singular shall be deemed to include plural and words in plural shall be deemed to

include singular and shall read with all changes in gender or number as the context may require.

c) the words "include", "includes" or "including" are not to be read or be interpreted as limiting the words, phrases or descriptions that precede it.

Reference to Legislation d) Reference to any Act, Regulation or By-law is reference to that Act, Regulation or By-law as it

is amended, or re-enacted from time to time.

Conflict e) Where there is a conflict between a provision of this By-law and a provision of any other

Township By-law, the provision that establishes the highest standards to protect the health and safety of the public shall apply.

f) Where the provisions of this By-law conflicts with an Act or a regulation or another by-law the most restrictive shall prevail.

Exclusions and Exemptions 1.6 This By-law shall not apply to: a) The drivers, operators or other personnel of ambulances, police or fire department vehicles, or

the riders or attendants of police department horses, while engaged in the performance of their duties; or

b) Employees or agents of the Township while engaged in works or services undertaken for or on behalf of the Township; and

c) The Director may exempt persons from all or part of the requirements and prohibitions of this By-law from time to time if such exemption is required for the beneficial administration of a Park.

Permits/ Authorized Uses 1.7 A Permit holder shall comply with all the provisions and conditions of the Permit and of this By-

law. 1.8 The Permit holder of a revoked Permit shall immediately cease or ensure the immediate

cessation of all the activities for which a Permit has been issued upon revocation of the Permit. 1.9 Where a Permit holder has damaged any Park, the Permit holder may be ordered by the

Director to: a) repair and/or compensate the Township for the damage to the satisfaction of the Township at

the expense of the permit holder; b) provide any studies, reports or documentation, as deemed appropriate by the Director, to

determine the extent of the damage before repairing the damage; and c) If the Permit holder fails to comply with an order made under this By-law or if the Township

chooses to correct the damage itself, the Township may correct the damage and use any security deposit posted by the Permit holder to pay for any costs; and

d) If the costs incurred by the Township in carrying out any work under this By-law are greater than the security deposit posted by the Permit holder, any costs not covered by the security deposit shall be a debt owed by the Permit holder to the Township and the Township may recover the costs of carrying out the work from the Permit holder or add the costs to the tax roll for the property of the Permit holder in the Township and collect them in the same manner as property taxes.

1.10 A Permit is the property of the Township and is not transferable.

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II. DEFINITIONS

2. In this By-law,

2.1. “Alcoholic Beverage” means spirits, wine, beer, or any combination thereof, and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other substance;

2.2. “Animal” means a member of the animal kingdom, other than human;

2.3. "Authorized Sign" means any sign, notice, or other advertising device placed, Posted, or erected in or upon a Park, under the authority of this By-law;

2.4. “Barbecue” means a portable or fixed device designed and intended solely for the cooking of

food in the open air, but does not include outdoor fireplaces and campfires;

2.5. “Boat” includes a canoe, rowboat, punt, sailboat, outboard and inboard motor boat, and personal water craft;

2.6. "By-law" means this Parks, Facilities, Nuisance and Loitering By-law;

2.7. “Camp” means to erect a structure, hut or tent for the purpose of providing shelter;

2.8. “Chief Administrative Officer” means the Chief Administrative Officer appointed on behalf of the Township and includes his/her designate and may be referred herein as CAO.

2.9. “Clerk” means the Clerk appointed on behalf of the Township and includes his/her designate;

2.10. “Control” includes care and custody;

2.11. “Council" means the Council of the Township;

2.12. “Designated Area” means an area defined or constructed for a specific use which may

include posted conditions and shall also include an area of a park designated by the Director for a specific purpose or use;

2.13. “Designated Smoking Area” means an area signed as such where smoking is permitted;

2.14. “Director” means the Director of Parks, Recreation and Culture of the Township and his/ her

designate(s), unless otherwise specified;

2.15. “Drone” or Similar Vehicle shall include any vehicle that is capable of aerial flight for any purpose.

2.16. “Dumping” or “Littering” includes throwing, scattering, dropping, placing anything or

otherwise depositing, anything including garbage, rubbish, refuse, yard waste, leaves or debris, except in a garbage or recycling container intended for such use or placed in an area for waste collection, and “Dump” and “Litter” shall have a corresponding meanings;

2.17. “Highway” means a common and public walkway, lane, street, avenue, parkway, driveway,

square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and pedestrians and includes the untraveled portion of a road allowance, a street as defined in the Municipal Act, 2001 and the Highway Traffic Act and a highway as defined in the Municipal Act, 2001 and the Highway Traffic Act.

2.18. “Graffiti” means writing, drawing, or symbols applied to any surface, and includes scribbles,

scratches and or, sprayed on a wall or other surface. Graffiti ranges from simple written words to elaborate wall paintings that may tend to demoralize or corrupt the surface.

2.19. “Loitering" means to remain in a place without due cause after having been ordered to

discontinue and /or leave the Property.

2.20. "Motor Vehicle" means an automobile, truck, motorcycle, snowmobile, trailer, recreational vehicle and any other vehicle propelled or driven by other than muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running solely upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act also does not include assistive devices pursuant to the Accessibility for Ontarians with Disabilities Act;

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2.21. “Motorized Recreational Vehicle” means a vehicle propelled by an internal combustion engine, electric motor, pneumatic motor, hydraulic motor, or any combination thereof, including but not limited to a snowmobile, skidoo, go-cart, trail bike, mini bike, all-terrain vehicle, scooter, or motorized skateboard, motorized construction equipment but does not include assistive devices pursuant to the Accessibility for Ontarians with Disabilities Act;

2.22. “Multiple Offence” means an offence in respect of two or more acts or omissions each of

which separately constitutes an offence and is a contravention of the same provision of this By-law;

2.23. “Nuisance” shall include, but not be limited to, any public display, words or vocalizations or actions or activities that have the effect of displeasing or offending residents, visitors, or by-stander at the specific moment or in the viewing of property and the environment after the nuisance has occurred, whether or not the nuisance action occurred on public lands or from a private land(s) that are clearly visible by persons or the adjacent private or public lands and includes;

a) soliciting, including and without limiting the generality of the foregoing,

i. soliciting a person who is using, waiting to use, or departing from an automated teller machine;

ii. soliciting a person who is using or waiting to use a pay telephone or a public toilet facility;

iii. soliciting a person who is in or on a public transit vehicle; iv. soliciting a person who is waiting at a taxi stand or a public transit stop; v. soliciting a person who is in the process of getting in, out of, on or off a vehicle or

who is in a parking lot, or while on a highway; vi. soliciting a person who is in a stopped, standing or parked vehicle.

b) loitering after having been requested by an officer or police officer, to move on; c) fighting, screaming, spitting, yelling or using profane or abusive language or gestures; d) carrying open Alcoholic Beverage, except while on private property that is owned or

occupied by the person who is carrying the Alcoholic Beverage or an invited guest of the owner or occupant;

e) remaining in or refusing to leave a public place/park after it is closed and/or when ordered to leave by an officer;

f) littering or dumping; g) defacing, damaging or vandalizing public or private property; h) obstructing an officer in the course of his or her duties; i) being intoxicated in a public place; and j) any other activity or conduct that is disorderly or obnoxious.

2.24. “Officer” means, a person appointed and/or responsible for the enforcement of provisions of

this by-law and may include his/her designate such as:

a) Animal Control Officers, including as per the agreement between the animal control provider as such from time to time by the Township to enforce Township by-laws respecting animals, Ontario SPCA Officers, Officers of the York Regional Police Services, Medical Officer of Health and any other officer appointed through legislation.

2.25. “Order to Discontinue Activity” means the verbal or written Order to stop the contravening activity(s), or to take such actions that will result in compliance with the By-law.

2.26. “Order to Perform Work” means the written Order of an Officer to perform work or works necessary to comply with this By-law.

2.27. “Organized Team Sport” means a team sport game or activity which operates under the

auspices of a league, club or association and has a registration process with designated player rosters;

2.28. “Owner” includes the person(s) who own property and includes tenants, property

management and persons in control or apparent control of the property or animal at the relevant time(s);

2.29. “Park” means property and/or land, including any body of water, playing field, ball diamond,

sports field, beach, trail, walkway, lane, public parking area leading to buildings, recreation centre, community building, facilities or structures located therein, that is owned or under the control or supervision of the Township or available to the Township by lease, agreement, or otherwise, and that is established, dedicated, set apart or made available for use as public open space.

2.30. “Parking lot” means any public parking area that is owned by the Township or any public

parking area of which any portion is rented or leased to or by the Township;

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2.31. “Permit” means authorization of Council, or the Director where such authority has been delegated and includes rental agreements;

2.32. "Person" includes an individual, association, firm, partnership, corporation, trust,

organization, trustee, agent or legal representative of an individual;

2.33. “Post” or “Posted” refers to the erection or presence of permissive or prohibitive, regulatory, restrictive, warning or prohibited signs and “posted area” means an area where such signs are erected by the Township or Director;

2.34. "Prohibited Animals" means the animals identified in Schedule ‘A’ of the Township Animal

Control Bylaw, as amended from time to time.

2.35. "Property” means and includes ‘lot’, ‘property’, ‘land’ and includes a parcel or tract of land capable of being conveyed as a separate parcel pursuant to the provisions of the Planning Act, or is described in accordance with a registered Plan of Condominium;

2.36. “Public Entrance” means an entrance to which the public is ordinarily invited or permitted

access, either expressly or by implication;

2.37. "Public Place" includes a Highway and any Property to which the public has access as of right or invitation, express or implied, and private property that is exposed to public use;

2.38. “Public Transit Vehicle” means any vehicle used for transporting the public and includes but

is not limited to a school bus and a passenger vehicle used for hire;

2.39. “Smoke” or “Smoking” includes the carrying of a lighted cigar, cigarette, pipe, electronic vaporizer or any other lighted, heated or otherwise activated smoking equipment, used to smoke any tobacco or non-tobacco substance or product;

2.40. “Sports Field” means an area in a park set aside for use in sports, such as football, soccer,

rugby cricket, or baseball requiring an open field space.

2.41. “Subsequent Offence” means a second or Subsequent Offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence

2.42. “Swimming Pool” means any swimming or wading pool or spray pad/splash pad operated by

the Township; 2.43. “Tobacco Product” means tobacco in any processed or unprocessed form that may be

smoked, inhaled or chewed, including snuff, but does not apply to products intended for use in nicotine replacement therapy;

2.44. "Township" means The Corporation of the Township of King;

2.45. “Vandalism” means the willful destruction or defacing of public or private property;

2.46. “Waste” includes paper, bottles, broken glass, cans, cigars, cigarettes, rags, garbage,

rubbish, debris or refuse of any kind.

III. GENERAL PROVISIONS

Park Hours 3. All Parks shall close at 11:15 pm and shall remain closed until 7:00 am the following day. 3.1. Notwithstanding section 3, Parks may remain open in accordance with the Permit. 3.2. Notwithstanding section 3, the Director may close a Park or any area of a Park for a period of

time, where the Director determines that it is necessary; a) to maintain the safety or security of the Park, conduct an investigation and to allow the

Director or Officer to administer and enforce this By-law; and b) for the administration of the Park, or to carry out the functions as authorized by a Permit for

use of the Park, or part of the Park for operations and/or maintenance.

Park Entry and Restrictions 3.3. No Person in any Park shall:

a) enter into areas Posted to prohibit or restrict admission of the public; b) remain or enter any Park between the hours of 11:15 p.m. and 7:00 am, except as a

participant or spectator of a function approved by the Director; c) enter or remain in a Park after it has been closed, unless otherwise permitted by the

Director; d) enter or access through a Park for the purpose of conducting any work on private

property or Park without a permit; or

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e) enter a Park from any point other than a Public Entrance.

General Prohibitions and Conduct in a Park 3.4. No Person in any Park shall:

a) create, cause, or permit a Nuisance; b) create, cause, permit, or be Loitering; c) Dump, or Litter; d) engage or indulge in any riotous, boisterous, violent, threatening, or illegal conduct or

use profane or abusive language; e) cast, throw or in any way propel any object in such a manner as may or does endanger

or cause injury to any person or property; f) move or use any structure, facility or equipment, other than for its intended use; g) carry or possess any glass container or other breakable container while in playground

areas; h) cause to take place or participate in a marriage ceremony except in authorized by

Permit; i) bury, scatter, or otherwise dispose of any cremated remains; j) without reasonable excuse, urinate, vomit or defecate in a park except in designated

washroom facilities intended for such activities; k) enter or attempt to enter any area locked or otherwise restricted from public access; l) disobey or contravene any authorized sign or any Posted rules and regulation; m) fail to comply with an Order given by the Director or, Officer.

Nuisance/Loiter in Public Place 3.5. No Person in any Public Place shall:

a) cause, create or permit a Nuisance; b) cause, create, permit or Loiter; or c) without reasonable excuse, urinate, vomit or defecate in a Public Place except in

designated washroom facilities intended for such activities.

3.6. For the purposes of sections 3.4.j) and 3.5.c), reasonable excuse means; a) the contravention of this By-law must be inevitable, unavoidable and afford no

reasonable opportunity for an alternative course of action that does not contravene this By-law; and

b) where the contravention of this By-law is the consequence of illness, the Person did not contemplate, or acting reasonably ought not to have contemplated, that the Person's actions would likely cause the illness or give rise to the contravention of this By-law.

Filming/Videotaping 3.7. No Person in any Park shall:

a) Film, photograph, videotape or televise for commercial purposes unless authorized by Permit and in accordance with Township polices.

Alcoholic beverages 3.8. No Person in any Park shall:

a) possess, an unsealed and/or sealed container of an Alcoholic Beverage; b) possess, consume an Alcoholic Beverage; or c) serve, sell an Alcoholic Beverage, unless in an area where authorized and in

accordance with the Township policies and the Liquor License Act, R.S.O. 1990, c. L. 19, as amended.

Firearms/Fireworks 3.9. No Person in any Park shall:

a) be in possession of or use, any firearm, air gun, paint gun, bow and arrow, cross bow, axe or any similar weapon of any kind unless authorized by Permit; or

b) be in possession of and/or ignite, discharge or set-off any fireworks, firecrackers, rockets unless authorized by Permit and in accordance with the Township Fireworks by-law, as amended from time to time.

Injury/Damage to Property 3.10. No Person in any Park shall:

a) climb any building, structure or equipment, unless it is designed for climbing; b) in any manner, disturb ground which is under repair, prepared for planting, has been

newly seeded or sodded or is in an area posted to that effect; c) knock over, attempt to knock over, deface, attempt to deface, remove, or attempt to

remove or otherwise damage a fixture; d) engage in any activity that may cause injury or damage to any person, animal, tree or

property; e) cut, climb, break, injure, deface, disturb or remove any property including:

i. A tree, shrub, bush, flower, plant, grass, wood, soil, sand, rock or gravel, other vegetation;

ii. A building, structure, equipment, cage, pen, or monument or any property of the Township; or

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f) cause Graffiti, vandalise, mark or write upon, damage, deface or otherwise injure any property including but not limited to any building, structure, equipment, monument, fence, bench, seat or, sign other structure.

Encroachment 3.11. No Person shall:

a) encroach upon or take possession of any Park by any means whatsoever, including but not limited to the construction, installation, maintenance of a fence or structure, the dumping or storage of materials or plantings, and any planting, cultivating, grooming or landscaping, unless authorized Permit and authorized through an encroachment agreement with the Township; or

b) alter any Park fence, including the addition of gates, or otherwise creating access points to a Park through a fence.

Campfire/Barbecues 3.12. No Person in any Park shall:

a) light, build or stoke an open fire or bonfire unless in a designated area and authorized by Permit;

b) use any barbecue except in Designated Areas and unless authorized by Permit; or c) leave a barbecue or campfire without extinguishing the fire and ensuring that the

embers are cold.

Organized Gatherings and Picnics 3.13. No Person any Park, shall:

a) unless authorized by Permit, which must be produced for examination forthwith upon demand hold a picnic, organized gathering event for more than twenty-five persons; or

b) Interfere with a picnic, organized gathering or event authorized by Permit.

Camping, Lodging, Tents and Structures 3.14. No Person in any Park shall:

a) dwell, camp or lodge unless authorized by Permit,; or b) erect, place, install, or cause the erection, placing or installation of any permanent or

temporary structure, tent or booth unless authorized by Permit.

Bathing/Swimming/and Sun Bathing 3.15. No Person in any Park shall:

a) enter any Swimming Pool, except at times designated for swimming; b) fail to abide by Posted signs or to obey the instructions of any Township employee in

charge; c) Swim, bathe or wade in any fountain, pond, lake or stream, except in a Designated

Area; d) Utilize facilities without being properly attired including appropriate swim wear or beach

clothing; e) Permit a child in his or her care, custody or charge, to swim, bathe, wade in or enter into

the waters of any ornamental pool or fountain; f) Throw any article in any pool, fountain, pond, lake or stream that is likely to endanger

any person or animal, or to pollute the waters; g) Bring into or possess in a bathing area or Swimming Area of a Park, any bottles,

glassware, metal or other material which may cause injury; or h) Allow a dog or animal into a Swimming Pool.

Smoking 3.16. No Person shall Smoke, hold lighted tobacco product or use any Tobacco product:

a) on or in any Park whether or not a "No Smoking" sign is Posted; b) on or in Township owned and/or operated property whether or not a "No Smoking" sign

is Posted; c) outdoors within 9 metres of any public entrance or openable window of a building, or on

a walkway leading to or from a Township building; d) Notwithstanding section 3.16, above such prohibition shall not apply to:

i. a highway; ii. Designated Areas where signage is on display permitting Smoking; or iii. Designated Areas by the CAO or, Director.

IV. ANIMALS

Protection of Wildlife 4. No Person in any Park shall:

a) disturb injure, wound, hunt, trap, attempt to kill or kill any Animal, b) touch, interfere with, remove or injure any bird’s nest, the eggs or the young birds

contained therein; or c) allow a pet to kill, attempt to kill, maim, injure, trap or disturb any Animal.

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Horses 4.1. No Person in any Park shall:

a) ride, have, keep or Control a horse except a well broken horse; b) ride, have, keep or Control a horse unless within a Designated Area/trail for use by

horses or where authorized by Permit; or c) ride or Control a horse in a manner so as to obstruct, inconvenience or endanger other

users of the Park.

V. SPORTS AND ACTIVITIES

General Provisions 5. No Person in any Park shall:

a) arrange or engage in an Organized Team Sport or activity, unless authorized by Permit; b) interfere with an Organized Team Sport or activity authorized Permit; or c) utilize a Designated Area or Sports Field without a Permit where same is Posted to prohibit or

restrict such use.

Fishing 5.1. No Person in any Park shall fish in an area Posted to prohibit fishing.

Golfing 5.2. No Person in any Park shall play or practice golf or strike a golf ball except on a golf course

or in a Designated Area.

Model Aircraft, Rockets and Drones 5.3. No Person in any Park shall:

a) operate any remote-controlled or other powered models, or devices, including but not limited to, model versions of aircraft, rockets, watercraft, Drones, and vehicles, other than in a Designated Area unless authorized by Permit.

Gliders and Hot Air Balloons 5.4. No Person in any Park shall tether, launch or land any hot air balloon, hang glider, ultra-light

aircraft, parachutes or similar conveyance except in emergency situations or unless authorized by Permit

Skating/Hockey 5.5. No Person in any Park shall:

a) ice skate unless Posted to permit ice skating; b) use a rink, or ice surface contrary to Posted rules; c) use the rink during the maintenance period; or d) on any natural or artificial ice surface fail to obey the instructions of a rink supervisor

employed by the Township.

Bicycles, Roller Skates/Boards/Blades and Skate Boards 5.6. No Person in any Park shall:

a) ride or operate any bicycle, skateboard or rollerblades, roller skates where Posted to prohibit same; or

b) obstruct, inconvenience or endanger other users of the Park while riding or operating a bicycle, skateboard or rollerblades.

Tennis 5.7. No Person in any Park shall enter, walk, or play upon a Designated Area for tennis in any

Park, except in accordance with the Posted rules and regulations and/or as authorized by Permit.

VI. VEHICLES

Parking 6. No Person in any Park shall:

a) park or permit a Motor Vehicle to remain in any Park between the hours of 11:15 pm and 7:00 am, unless authorized by the Director, or by Permit;

b) park, permit or leave a Motor Vehicle except in Designated Areas allowing for such parking;

c) Park, permit or leave a Motor Vehicle contrary to Posted signs; d) drive, operate, pull or ride any Motor Vehicle except on a roadway or parking area

unless authorized by Permit; e) park, stop or, operate a refreshment vehicle, unless authorized by Permit.

Motorized Recreational Vehicles 6.2. No Person in any Park shall operate, ride, drive, park or be in possession or Control of a

Motorized Recreational Vehicle.

Speed 6.3. No Person in any Park shall operate any Motor Vehicle on a Highway at a speed in excess of

the Posted limit.

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Other Activities 6.4. No Person in any Park shall:

a) wash, clean, polish, service or maintain any Motor Vehicle except in the event of an emergency; or

b) Instruct, teach or coach any person in the driving or operation of a Motor Vehicle.

Boating and Mooring 6.5. No Person in any Park shall, operate, drive, ride or moor any watercraft, unless authorized by

Permit.

VII. COMMERCIAL ENTERPRISES

Sale of Merchandise, Trade or Business 7. No Person in any Park shall:

a) practise, carry on, conduct or solicit for any trade, occupation, business or profession, unless authorized by Permit; or

b) sell or offer or display for sale any food, drink, refreshment, goods, wares, merchandise or articles including promotional materials, souvenirs and novelties, art, skill, service or work unless authorized by Permit.

Circular and Advertisements 7.2. No Person in any Park:

a) distribute, discard, or display any handbill, notice, or other circular, bill or advertisement, or post, nail, attach, stencil or otherwise fasten or erect any poster, sign, notice, placard or other circular, bill, advertisement or paper to any park property, including trees unless authorized by Permit.

VIII. REGULATION, ENFORCEMENT, PENALITIES AND OFFENCE

Enforcement 8. This By-law may be enforced by Officers, without limiting/restricting any other power, duty or

function granted by this By-law, Officer(s) may: give direction, issue Order(s) to Discontinue or to perform work and further give verbal or written direction and may enter Property and/or carry out and direct whatever inspections, are reasonably required to determine compliance with this By-law; and

a) The Director while in any Park may give direction or Order to Discontinue Activity under this By-law to any Person believed to be contravening or have contravened any provision of this By-law.

8.1. A Order or direction by the Director in a Park or by and Officer in the Township may include but is not limited to:

i. to immediately desist from the activity constituting or contributing to such contravention; or

ii. to immediately remove from the Park any Animal or thing owned by or in the control of such Person which is involved in such contravention; or

iii. to leave the Park immediately, and iv. may Order any Person engaging in an activity that requires a Permit under this By-

law to provide the original copy of the Permit for inspection.

Request Identification 8.2. Officers are is hereby authorized to inform any Person of the provisions of this By-law and to

request compliance therewith and, a) Where an Officer has reasonable grounds to believe that an offence under this By-law

has been committed by a Person, the Officer may require the name, address and proof of identity of that Person, and the Person shall supply the required information.

Order 8.3. If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may

make an Order to Perform Work requiring the work to be done to correct the contravention and shall set out:

i. the municipal address of the property on which the contravention occurred; ii. the date of the contravention; iii. the reasonable particulars of the contravention of the By-law; iv. the date by which there must be compliance with the Order; v. the date on which the order expires; and vi. notice that if the work is not done in compliance with the Work Order by the

deadline, the Township may have the work done at the expense of the owner and the cost of the work may be recovered by adding the amount to the owner’s tax roll.

Obstruction 8.4. No Person shall:

a) prevent, hinder or interfere or attempt to prevent, hinder or interfere with an Officer or other Person who is exercising a power or performing a duty under this By-law, including refusing to identify themselves when requested to do so by an Officer;

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b) willfully obstruct, hinder or otherwise interfere with an Officer in the performance of their duties or the exercise of their rights, functions, powers or authority under this By-law; or

c) knowingly provide any false information in any statement, whether in writing or otherwise, made to an Officer investigating an offence under this By-law.

Deemed Obstruction 8.5. Where anyone fails or refuses to immediately identify themselves to an Officer or where the

information is found to be false or misleading, they shall be deemed to have willfully obstructed an Officer in the discharge of their duties.

8.6. It shall be an offence to obstruct or permit the obstruction of such inspection.

Service of Orders 8.7. The Order may be served personally on the Person to whom it is directed or by regular mail

to the last known address of that person, in which case it shall be deemed to have been given on the third day after mailing. Service on a Corporation can be made by registered mail to the corporate profile mailing address as listed in the Corporate Profile Report.

Unable to effect service 8.8. If the Township is unable to effect service on the owner, a placard containing the terms of the

order may be placed in a conspicuous place on the owners land and the placing of the placard shall be deemed to be sufficient service of the Order on the owner.

Fail to Comply with Order 8.9. No Person shall fail to comply with the Order either verbal or written given by an Officer or

the Director under the authority of this By-law.

Offence 8.10. Any Person who contravenes a provision of this By-law is guilty of an offence and is liable on

conviction to the penalties set out.

Penalty 8.11. Any Person who is in contravention of any provision of this By-law, or who fails to comply

with an Order issued under this By-law shall be deemed to be committing a continuing offence for each day that the offence remains in contravention, or for each day that they fail to comply with the Order.

8.12. On conviction, a Person may be liable: a) upon a first conviction, to a fine of not less than $100.00 and not more than $50,000.00; b) upon a second or subsequent conviction for the same offence, to a fine of not less than

$400.00 and not more than $100,000.00; c) upon conviction for a continuing offence, to a fine of not less than $100.00 and not more

than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000.00; and

d) upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100.00 and not more than $10,000.00. The total of all fines for each included offence is not limited to $100,000.00.

Cost Recovery/ Work Done by the Township 8.13. The work required by an Order under the provisions of this By-law, if not done within the

specified period, the Township, in addition to all other remedies it may have, may do the work at the owner’s expense and may enter upon the land, at any reasonable time, for this purpose; and

a) The Township may recover its costs of remedying a violation of this By-law by invoicing the owner, by instituting court proceedings or by adding the cost, including interest, to the tax roll in the same manner as municipal taxes in accordance with section 446 of the Municipal Act, 2001 and the exercise of any one remedy shall not preclude the exercise of any other available remedy

Vehicle Removal 8.14. An Officer upon discovery of any Motor Vehicle parked in contravention of the provisions of

this By-law, and contrary to Posted signs may cause it to be moved or taken to place or stored in a suitable place and all costs and charges for removing, care, and storage thereof, if any, are a lien upon the Motor Vehicle.

Validity and Severability 8.15. Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or

parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.

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Repeal 8.16. This By-law repeals, section 30.3, of By-law 2005-36, By-law #774, #76-59, #83-62, #91-28,

#99-152, #99-166, #99-170, #2000-03, #2000-110, #2004-36, except insofar as any of these bylaws repeal other bylaws, as of the date of the enactment of this By-law;

Transitional Provision 8.17. Notwithstanding the repeal of the above mentioned by-laws, and relevant by-law sections the

mentioned by-laws and sections shall apply to any acts, omissions or occurrences and to any offences that took place prior to the enactment of this by-law.

8.18. This By-law shall come into force and take effect on the date of enactment.

READ a FIRST and SECOND time this 12th day or December 2016. READ a THIRD time and FINALLY PASSED this 12th day of December, 2016.

Steve Pellegrini Mayor

Kathryn Moyle Director of Clerks/By-law Enforcement

Township Clerk

(Ref.: Clerks Dept. Report No. CL-2016-17,

C.O.W. Nov 14th, 2016)

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A BY-LAW TO AMEND BY-LAW NUMBER 2016-63, BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN SENECA COLLEGE AND THE CORPORATION OF THE TOWNSHIP OF KING

WHEREAS the Council of the Corporation of the Township of King deems it

desirable to enter into a Memorandum of Understanding with Seneca College for a

future ground lease (25 acre site) and supporting agreement in favour of the Township of

King from Seneca College (municipally known as 13990 Dufferin Street), for the purpose

of providing a site for indoor and outdoor recreational facilities that would be constructed

by the Township of King;

AND WHEREAS it is deemed necessary to amend the Memorandum of

Understanding between Seneca College and the Corporation of the Township of King;

NOWTHEREFORE the Council of the Corporation of the Township of King

HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized and directed to execute a

certain First Amending Agreement to the Memorandum of Understanding,

attached as Appendix ‘A’, dated December 12, 2016, between Seneca College

and the Corporation of the Township of King.

READ a FIRST and SECOND time this 12th day of December, 2016. READ a THIRD time and FINALLY PASSED this 12th day of December, 2016.

___________________ Steve Pellegrini

Mayor

___________________ Kathryn Moyle


(Ref. Administration Dept. Report No.: ADMIN CAO-2016-09, C.O.W. Dec. 12/16)

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A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CERTAIN MEMORANDUM OF AGREEMENT BETWEEN KINGSFIELD ESTATES LTD., KING ROCKS DEVELOPMENT CR INC., KING GREEN DEVELOPMENTS CR INC., TAWES TRAIL INC., BRACOR DEVELOPMENTS INC., REMCOR KING INC. AND THE CORPORATION OF THE TOWNSHIP OF KING


desirable to enter into a Memorandum of Agreement with Kingsfield Estates Ltd., King

Rocks Development CR Inc., King Green Developments CR Inc., Tawes Trail Inc.,

Bracor Developments Inc., Remcor King Inc., and the Corporation of the Township of

King;



certain Memorandum of Agreement, attached as Appendix ‘A’, dated October 6,

2016 between Kingsfield Estates Ltd., King Rocks Development CR Inc., King

Green Developments CR INC., Tawes Trail Inc., Bracor Developments Inc.,

Remcor King Inc. and the Corporation of the Township of King.



Mayor

___________________ Kathryn Moyle


(Ref. Administration Dept. Report No.: ADMIN CAO-2016-10, C.O.W. Dec. 12/16)

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A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A SMALL CELL MASTER LICENSE AGREEMENT BETWEEN BELL MOBILITY INC. AND THE CORPORATION OF THE TOWNSHIP OF KING


desirable to enter into a Small Cell Master Agreement with Bell Mobility Inc. for the

Township of King;



Small Cell – Master License Agreement, attached as Appendix ‘A’, dated

December 1, 2016, between Bell Mobility Inc. and the Corporation of the

Township of King.



Mayor

___________________ Kathryn Moyle


(Ref. Administration Dept. Report No.: IT-2016-01, C.O.W. Dec. 12/16)

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A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CERTAIN MEMORANDUM OF UNDERSTANDING REGARDING A JOINT SOLID WASTE COLLECTION CONTRACT BETWEEN THE NORTHERN SIX MUNICIPALITIES AND THE WASTE COLLECTION CONTRACTOR


advisable to enter into a Memorandum of Understanding with the Northern Six

Municipalities with respect to a Joint Solid Waste Collection Contract.;



certain Memorandum of Understanding dated xx, 20xx between the Northern Six

Municipalities being the Corporation of the Town of Aurora, the Corporation of

the Town of Georgina, the Corporation of the Town of Newmarket, the

Corporation of the Town of East Gwillimbury, the Corporation of the Town of

Whitchurch-Stouffville and the Corporation of the Township of King with respect

to a Joint Solid Waste Collection Contract with GFL (Green for Life)

Environmental Inc.



Mayor

___________________ Kathryn Smyth


(Ref. Engineering, Public Works & Building Dept. Report No. EPW-2016-41, C.O.W. Dec. 6/16)

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BEING A BY-LAW TO EXEMPT CERTAIN LANDS FROM THE PART LOT CONTROL PROVISIONS OF THE PLANNING ACT

WHEREAS it is deemed advisable to exempt certain lands from the provisions of

Section 50(5) of the Planning Act, R.S.O. 1990, Chapter P.13; AND WHEREAS authority is granted pursuant to Section 50(7) of the Planning Act,

R.S.O. 1990, Chapter P.13, to the Council of the Corporation of the Township of King to

exercise such powers;

AND WHEREAS the land use to be accommodated by the exemption, the parcel(s) to

be created and conveyed, and any remaining parcel, are in conformity with the governing

Official Plan and are permitted and in conformity with Zoning By-law 74-53, as amended;

AND WHEREAS the lands which are the subject of this By-law are described as:

Part of Lot 13, Plan 19, designated as Parts 1 and 47, Plan 65R-34943 and Part of Block C, Plan M777, designated as Part 35, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 2 and 48, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 3 and 49, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 4 and 50, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 8 and 54, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 9 and 55, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 10 and 56, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 11 and 57, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 12 and 58, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 13 and 59, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Parts 21, 62 and 63, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; Part of Lot 13, Plan 19, designated as Part 28, Plan 65R-34943 and Part of Block C, Plan M777, designated as Part 42, Plan 65R-34943, in the Township of King, in the Regional Municipality of York; and Part of Lot 13, Plan 19, designated as Part 33, Plan 65R-34943 and Part of Block C, Plan M777, designated as Part 37, Plan 65R-34943, in the Township of King, in the Regional Municipality of York.

NOW AND THEREFORE, The Council of the Corporation of the Township of King

HEREBY ENACTS AS FOLLOWS: 1. THAT the provisions of Section 50(5) of the Planning Act, R.S.O. 1990, Chapter P.13 do

not apply to the lands described as Part of Lot 13, Plan 19 and Part of Block C, Plan M-

777 and more particularly described as Parts 1-4, 8-13, 21, 28, 33, 47-50, 54-59, 62 and

63 on Reference Plan 65R-34943, all inclusive, Township of King, Regional Municipality

of York.

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2. THAT this by-law is intended to permit the conveyance solely of the parcels described

as Parts 1-4, 8-13, 21, 28, 33, 47-50, 54-59, 62 and 63 on Reference Plan 65R-34894,

all inclusive.

3. THAT this By-law will lapse and expire after six (6) months from the date of its

enactment.

READ a FIRST and SECOND time this 12th day of December, 2016. READ a THIRD time AND FINALLY PASSED this 12th day of December, 2016.

________________________ Steve Pellegrini

Mayor

________________________ Kathryn Moyle


By-law #2016-113

of 46



A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A JOINT NORTHERN SIX SOLID WASTE CONTRACT BETWEEN GREEN FOR LIFE (GFL) ENVIRONMENTAL INC. AND THE CORPORATION OF THE TOWNSHIP OF KING

WHEREAS proposals were received for RFP CRP2016-0210 for the collection

and transportation of garbage, recyclable material, source separated organic material,

yard waste and special waste for the Northern Six Municipalities of York Region; and

WHEREAS the Northern Six Municipalities of York Region have jointly agreed to

enter into and administer a joint solid waste collection contract; and


desirable to enter into a Joint Solid Waste Agreement for the Township of King;


HEREBY ENACTS AS FOLLOWS: 1. THAT the proposal for services as specified under RFP CRP2016-0210 for the

Collection and Transportation of Garbage, Recyclable Material, Source

Separated Organic Material, Yard Waste and Special Waste for the Northern Six

Municipalities be awarded to Green For Life (GFL) Environmental Inc., for a

period of eight (8) years, starting January 1, 2018; and

2. THAT the Mayor and Clerk are hereby authorized and directed to execute a Joint

Northern Six Solid Waste Contract, attached as Appendix ‘A’, between the

Corporation of the Township of King (and Northern Six) and Green For Life (GFL)

Environmental Inc., and any and all other documents as may be required.



Mayor

___________________ Kathryn Moyle


By-law #2016-114

of 46



A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS

MEETING HELD ON DECEMBER 12TH, 2016

The Council of the Corporation of the Township of King HEREBY ENACTS AS FOLLOWS: 1. The action of Council in respect of each motion, resolution and other action passed and

taken by the Council at its said meeting is, except where the prior approval of the

Ontario Municipal Board is required, hereby adopted, ratified and confirmed.

2. The Mayor and the proper officers of the Municipality are hereby authorized and directed

to do all things necessary to give effect to the said action or to obtain approvals where

required, and, except where otherwise provided, the Mayor and Clerk are hereby

directed to execute all documents necessary in that behalf, and the said Clerk is hereby

authorized and directed to affix the corporate seal of the Municipality to all such

documents.

READ a FIRST and SECOND time this 12th day of December, 2016. READ a THIRD time AND FINALLY PASSED this 12th day of December, 2016.


Mayor

___________________ Kathryn Moyle


By-law #2016-115

of 46

THE CORPORATION OF THE TOWNSHIP OF KING €€COUNCIL …

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