Background |
- Forest Avenue South is a public road, that is owned and maintained by the City of Orillia. The Forest Avenue South road allowance terminates at the shoreline of Lake Simcoe. The City of Orillia owns a concrete pier at the southernmost end of Forest Avenue South. The concrete pier provides a Waterfront Landing, or public access to Lake Simcoe. Abutting the end of the Forest Avenue South Road Allowance, is a water lot that is also owned by the City of Orillia.
- In 1956, the Council of the then Town of Orillia, established a policy that authorized the property owners on Grape Island to erect a single temporary dock at the concrete pier to allow residents to get to and from Grape Island. That 1956 Policy remains in effect, and is part of the City of Orillia Policy Manual (Policy 1.6.1.1).
- Over recent years, conflict has arisen between the Grape Island Property Owners Association (GIPOA) and surrounding land owners to the east and west of the municipal road allowance.
- This conflict has resulted in the submission of a number of complaints to the City from both the GIPOA and mainland residents as it relates to the use of the existing GIPOA dock, the installation of a second dock installed by the GIPOA (without municipal authorization), use of the existing concrete pier by commercial barges and encroachments of surrounding land owners into the municipal water lot and Forest Avenue South road allowance.
- In order to legally permit some of the existing uses, Council of the City of Orillia passed a Temporary Use By-law No. 2018-20 (TUB) in the spring of 2018. That same spring, the Council of the City of Orillia adopted amendments to Chapter 538 that govern how and when the City’s road allowances and Waterfront Landings may be used for barging purposes. These two by-laws were passed to address the concerns of the City and the parties involved.
- When it was initially passed, the TUB contained an expiry date of March 5, 2020, and was established as a temporary solution to allow the Forest Avenue South Working Group time to “work together to develop a long-term solution for all”. As the TUB was about to expire this March, and litigation against the City had been commenced by GIPOA, City of Orillia Council passed a by-law to extend the time period for the TUB until March 5, 2021 to allow the matters of concern to be resolved while still permitting the placement of the permitted structures on the City-owned road allowance and water lot.
- These issues have been reported on through previous staff reports.
- Through Report ED-19-12 staff informed Council that the GIPOA had advised City staff that GIPOA had retained a solicitor.
- Staff recommended to Council that the Forest Avenue South Working Group be dissolved, because the GIPOA chose to retain a solicitor to represent the GIPOA in its dealings with the Working Group. As the City’s participation in the Working Group was not supported by solicitor representation, continued efforts would not have been consistent with Council’s mandate to “work together to create an amicable solution to the challenges in this area”.
- Additionally, the City’s solicitor recommended that City staff not meet with another party’s solicitor without legal representation present, even on a “without prejudice” basis (“without prejudice” is a term that refers to the understanding that communications will not be used as evidence in court proceedings or seen as an admission of liability).
- Council subsequently passed a resolution dissolving the Forest Avenue South Working Group, directing staff to collect feedback from Grape Island residents and neighbours of the road allowance as it pertains to the core issues regarding the use of the road allowance and water lot, and directing staff to prepare a report outlining options for a solution which takes into account the feedback obtained.
- On June 26, 2019, staff advised Council (through the June 28 Council Information Package memo) that the above noted staff report would be brought forward to Council in September 2019.
- Since this time, staff have undertaken an online survey, which received 59 responses, and developed several options for inclusion within the impending staff report.
- On August 15, 2019, the City was served with a Statement of Claim that a legal proceeding has been commenced by the GIPOA against the City of Orillia.
- In their Statement of Claim, the GIPOA claims that their members should have complete and unfettered access to the Forest Avenue South road allowance, municipally owned water lot, municipally owned concrete pier and two dedicated GIPOA docks at all times of day, throughout the year, using any type of vessel and loading any type of materials. The Statement of Claim did not seek relief from the provisions of Chapter 538
- The GIPOA claims that the City’s regulation of Forest Avenue South road allowance through the use of a Temporary Use By-law is unlawful.
- The GIPOA relies on the legal doctrine of “proprietary estoppel” to claim that the City is not entitled to restrict GIPOA’s use of the municipal water lot at the base of the Forest Avenue South road allowance. If GIPOA succeeds with this type of claim, they will be able to continue their existing uses of the City’s waterlot.
- The GIPOA is also seeking damages in the amount of $150,000 per vacant lot and $50,000 per lot with a cottage (approximate value of $3.1 million).
- Council approved funding in the amount of $75,000 to retain a solicitor (Robert Wood, BLG) to submit a Statement of Defence on behalf of the City and directed staff to claim costs against the Grape Island Property Owners’ Association through the Statement of Defence.
- The GIPOA also served the City with a Request to Admit, by which the Plaintiff attempted to seek the City’s admission that the allegations made within the GIPOA’s Statement of Claim are true.
- The City's Statement of Defence was filed on September 20, 2019.
- The City subsequently responded to the Request to Admit, and referred the GIPOA to the City’s Statement of Defence.
- The term of the Temporary Use By-law (TUB) has been extended to March 5, 2021.
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Current Status and Next Steps |
- February 9, 2021
- The appeal period for By-law 2021-7 (Housekeeping Amendment as described below) expired on February 8, 2021. No appeals were filed. The Housekeeping Amendment is in full force and effect. The updated Zoning By-law has been posted to the City's website.
- January 19, 2021
- On January 18, 2021, Council passed the Housekeeping Amendment referred to below under "December 10, 2020". The Notice of Passing was issued on January 19, 2021. The final day for appeal is February 8, 2021.
- December 10, 2020
- Public Meeting regarding a Housekeeping Amendment to the City's Zoning By-law that is proposed to make permanent the zone provisions established under Temporary Use By-law 2018-20. The meeting will be held electronically and will commence at 2:00 p.m. on December 10, 2020. For more information on how to join the public meeting please contact Susan Votour at svotour@orillia.ca.
- November 12, 2020
- The City's Development Services and Engineering Department issued a Notice of Public Meeting with respect to a municipally-initiated Housekeeping Amendment to the City's Official Plan and Zoning By-law. As directed by Council's September 21, 2020 resolution, the proposed Housekeeping Amendment to the City's Zoning By-law would make permanent the zone provisions previously established under Temporary Use By-law 2018-20 with respect to established Docks, Shoreline Structures and Uses on the Water Lot, the Forest Avenue South Road Allowance, the property known municipally as 371 Victoria Crescent and an adjacent portion of the bed of Lake Simcoe, as follows:
- a maximum of one (1) seasonal dock and one (1) boatlift to be used in conjunction with the property at 371 Victoria Crescent;
- a maximum of one (1) seasonal dock to be located on the City-owned Water Lot;
- encroachments by shoreline and other structures onto the Forest Avenue South Road Allowance; and
- the Use of the Forest Avenue South Road Allowance and Water Lot as a Waterfront Landing.
- November 9, 2020
- At their meeting on November 9, 2020, Council approved the following resolution:
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"THAT as recommended in Report EIS-20-18 dated October 28, 2020 from the Environment and Infrastructure Services Department, Policy 9.3.2.3. - Locations be amended as set out in Schedule "A" of the report to remove reference to the waste collection depot at Forest Avenue South; AND THAT all residents of Grape Island be directed to drop off waste at the Waste Diversion Site at this time."
- September 21, 2020
- At their meeting on September 21, 2020, Council approved the following resolution:
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"THAT as recommended in Report BDC-20-05 dated September 9, 2020 from the Business Development and Communications Department, staff be directed to pursue a municipally-initiated Zoning By-law Amendment to address the lot line setbacks and dock lengths for the encroachments set out in the report;
AND THAT Policy 1.6.1.1. - Grape Island Mainland Dock be repealed;
AND THAT pending the adoption of the Zoning By-law Amendment, expenditures up to $60,000 be authorized from the Capital Contingency Reserve for the purchase of a dock and related signage at the Forest Avenue South road allowance for use by all City of Orillia residents;
AND THAT pending the adoption of the Zoning By-law Amendment, funding for the installation and removal of the dock as well as dock maintenance be included within the Environment and Infrastructure Services' annual operating budget beginning in 2021;
AND THAT the dock be installed on or about May 1 each year and removed on or about November 15 each year;
AND THAT Chapter 538 of the City of Orillia Municipal Code - Use of City Road Allowances and Water Lots be amended to provide an exemption for boats moored or docked from 12:00 a.m. to 6:00 a.m. in the event of a medical emergency."
- August 28, 2020
- Correspondence was issued to all residents of Grape Island, which clarifies statements made by the GIPOA and GIPOA's solicitor.
- As the City advised all residents of Grape Island, the City is preparing a staff report which will outline options for long term solutions to encroachments on the municipal water lot.
- The City advised all residents of Grape Island that due to a number of inquiries regarding the GIPOA restricting access to the garbage pick-up location to Grape Island residents who are no longer GIPOA members, the City is exploring possible solutions and will be bringing forward a report at a later date on this matter.
- August 27, 2020
- A letter was sent to the GIPOA advising that the GIPOA dock which is placed on the municipal water lot is not in compliance with City of Orillia Policy 1.6.1.1. The City offered to hold enforcement action in abeyance provided GIPOA remove restrictions for use by non-members.
- May 1, 2020
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Staff Reports |
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Relevant Policies and By-laws |
- Chapter 538 Use of City Road Allowances and Water Lots
- This By-law includes provisions related to the use of City road allowances and water lots, and includes provisions related to barging, mooring, and road occupancy permits.
- This by-law permits barging at the Forest Avenue South water lot for those who have obtained a barge permit, but restricts the mooring of barges between the hours of 8 p.m. and 8 p.m., as well as between May 16-October 14 annually on any Friday, Saturday, Sunday, Monday, or statutory holiday (barging is permitted between May 16-October 14 on any Tuesday, Wednesday, Thursday).
- For full details, please review the above by-law.
- Temporary Use By-law 2018-20 (TUB)
- Note that the term of the TUB has been extended. It will now expire on March 5, 2021.
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Other Relevant Documents |
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Legal Matters |
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Frequently Asked Questions (FAQ) |
Who owns the water lot at the base of the Forest Avenue South road allowance?
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The City of Orillia owns the Forest Avenue South road allowance and adjacent water lot.
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Is the City proposing to transfer a portion of the Water Lot to the owners of 371 Victoria Crescent?
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No, the entire Water Lot will remain in the ownership of the City. The Water Lot is currently divided into two Zones under the City's Zoning By-law and it is the zone boundary that is depicted on the sketch that was circulated with the recent Notice of Public Meeting. The two Zones are as follows:
The westerly 6 metres of the Water Lot is currently zoned "Temporary Use Three - Open Space One" (T3-OS1) Zone, which permits a Seasonal Dock and a Boat Lift associated with property known municipally as 371 Victoria Crescent in accordance with the following provisions:
- Seasonal Dock length (max) – 20.0 m (measured from the Shoreline of Lake Simcoe)
- Seasonal Dock width (max) – 2.4 m
- Boat Lift width (max) – 2.4 m
- Setback of Seasonal Dock and Boat Lift from the straight line projection of the westerly Side Lot Line of 371 Victoria Crescent into Lake Simcoe (min) – 0 m
- Setback of Seasonal Dock and Boat Lift from the westerly Lot Line of the municipally owned water lot in front of the Forest Avenue South Road Allowance – (min) 0 m, (max) 6.0 m
The balance of the Water Lot is currently zoned "Temporary Use Four - Open Space One" (T4-OS1), which permits the following:
- "Waterfront Landing" which is defined as follows in the Zoning By-law:
"Waterfront Landing means the Use of land as a docking and boat launching facility which serves as a mainland access point for residential properties that are accessible only by water, but which does not include Watercraft sales or rental or services, the sale of fuel or the parking or storage of vehicles or trailers."
- Seasonal Docks (1) for the purpose of access to Grape Island may be located in the T4-OS1 Zone subject to the following zone provisions:
- Seasonal Dock length (max) – 30.0 m (measured from the shoreline of Lake Simcoe)
- Seasonal Dock width (max) – 3.0 m
- Setback of Seasonal Dock from the easterly Interior Side Lot Line of a water lot (min) – 0 m
- Setback of Seasonal Dock from the westerly Interior Side Lot Line of a water lot (min) – 6.0 m
The City has, however, issued a Licence of Occupation which allows the dock and boatlift used in conjunction with 371 Victoria Crescent to occupy up to 6 metres adjacent to the westerly lot line of the City's Water Lot. The Licence of Occupation does not convey any ownership interest in this portion of the Water Lot. The term of the Licence of Occupation currently coincides with the term of the Temporary Use By-law and may be extended at the City's option. In accordance with standard City practice for Licences of Occupation, the owners of 371 Victoria Crescent were required to pay a fee and are required to provide annual proof of liability insurance. The City has many similar Licences of Occupation throughout the City in cases where there are encroachments onto City-owned property.
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What is the effect of the proposed Zoning Amendment (Public Meeting on December 10, 2020)? |
The proposed Zoning Amendment would make permanent the existing zone permissions and provisions that are currently in the Zoning By-law as a result of Temporary Use By-law 2018-20. By making these permissions permanent, there would be no need to further extend the term of the Temporary Use By-law. The Temporary Use By-law would be revoked, and permanent zoning provisions put into place. |
What will happen at the Public Meeting on December 10, 2020? |
A Public Meeting is required to be held (pursuant to the provisions of the Planning Act) in connection with any proposed amendment to a Zoning By-law. At the Public Meeting on December 10, 2020, Council will hear any party who wishes to make a submission regarding the proposed Zoning By-law Amendment. Written submissions that were received prior to the Public Meeting will also be provided to Council prior to the Public Meeting. Those making submissions should be aware that their submissions will form part of the public record.
Council will not consider passing the Zoning By-law Amendment at the December 10, 2020 Public Meeting.
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When will the Zoning By-law Amendment be considered or passed by Council? |
At the conclusion of the Public Meeting on December 10, 2020, Council will pass a resolution determining when it will consider the proposed Zoning By-law Amendment. The earliest date that the Zoning By-law Amendment could be considered (or passed) by Council would be January 18, 2021, which is the next scheduled Council meeting. |
If the Zoning By-law Amendment is passed by Council, what are my appeal rights? |
In accordance with the provisions of the Planning Act and regulations made thereunder, any person or public body may appeal the Zoning By-law Amendment within 20 days of the issue of the Notice of Passing. If the person or public body who submits an appeal to the Zoning By-law Amendment has not made a written or oral submission to Council prior to or at the Public Meeting, their appeal rights may be compromised. The decision to allow an appeal rests solely with the Local Planning Appeal Tribunal and is not determined by the City. |
If Council does not pass the Zoning By-law Amendment or further extend Temporary Use By-law 2020-18, what will happen? |
The provisions of Temporary Use By-law 2018-20 were intended to provide additional zone rights on the Forest Avenue South Road Allowance and the Water Lot, and recognize existing non-compliance issues on the property at 371 Victoria Crescent. Should Council opt to not pass the proposed Housekeeping Amendment, and opt to not further extend Temporary Use By-law 2020-18, then the additional zone rights will cease as of the expiry of Temporary Use By-law 2020-18 on March 5, 2021. In that case, the underlying provisions of Zoning By-law 2014-44 will be in effect, as follows:
- With respect to the City owned Water Lot, one dock would be permitted with a maximum length of 15.0 m and a maximum width of 3.0 m. The dock would need to be set back at least 4.5 m from the side lot lines of the Water Lot.
- With respect to 371 Victoria Crescent, a seasonal dock (maximum length of 15.0 m., maximum width of 2.4 m) would be permitted provided it did not cross the projection of the side lot lines or the side lot line of the City's Water Lot. A boat lift would be permitted in accordance with the provisions of the Zoning By-law provided it did not cross a projected lot line.
- Use of the Forest Avenue South road allowance and the Water Lot as a "Waterfront Landing" would no longer be formally permitted under the Zoning By-law.
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Why is the City involved in this matter? |
- Since 2015/2016, the City has received numerous complaints associated with the use of the Forest Avenue South Road Allowance, the concrete pier and the City's water lot.
- As it would in any circumstance where its ratepayers have filed a complaint, the City conducted an investigation into the issues.
- During the investigation it was discovered that the Grape Island Property Owners Association (GIPOA) had placed two docks on the City's waterlot whereas Policy 1.6.1.1 permitted only one dock. In addition, it was discovered that some docks and structures located on property adjoining the road allowance encroached onto the City's lands and water lot, and were not in compliance with the City's Zoning By-law.
- Due to the complexity of the situation, staff reported to Council and requested Council's direction regarding how to attempt to address the various issues.
- In 2018, Council directed the formation of a Working Group to attempt to come to a solution that would be acceptable to all parties.
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Why did the City choose to defend itself against the GIPOA Statement of Claim?
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- Under the Rules of Civil Procedure, when the City is served with a “statement of claim” from a plaintiff, the time allowed to file a “statement of defence” is short. If the City fails to respond to a statement of claim, the court will be entitled to assume that the City has admitted all of the allegations set out in the statement of claim, and the plaintiff will be entitled to obtain a default judgment against the City.
- In the case of the GIPOA’s statement of claim, the GIPOA asked the court to declare that the City’s property rights as owner of the Forest Avenue South waterlot were subordinate to the GIPOA’s rights of “unfettered access” to the waterlot, and that Council had no authority to regulate the GIPOA’s use of City-owned lands. The GIPOA also asked the court to order that the City pay approximately $3.1 million to the GIPOA, for alleged damage done to all of the lots on Grape Island.
- The City reviewed the GIPOA’s statement of claim and quickly determined that it was not prepared to admit the GIPOA’s allegations, and that the GIPOA’s allegations in fact had little merit in light of the prevailing law governing: (a) the public’s use of municipally-owned lands, (b) the legislative authority of municipal councils, which cannot be fettered by contract, and (c) the GIPOA’s lack of legal “standing” to claim damages to property that it does not own.
- The City thus issued a statement of defence in response to the GIPOA’s statement of claim. The GIPOA’s claims were nonetheless legally and factually complex and the City incurred substantial legal costs to respond to the GIPOA’s statement of claim, which the City will seek to recover in the litigation.
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What is Policy 8.1.5.1.?
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Some residents of Grape Island have approached City staff to ask about Policy 8.1.5.1 of the City of Orillia Policy Manual. Policy 8.1.5.1 "Sale of Water Lots - Adjacent Property Owners" is a policy that was passed by the Council of the City of Orillia in 1992 to provide direction to City staff when the City receives a request for municipal comment from the Ministry of Natural Resources and Forestry (MNRF) when that Ministry has been asked to sell a portion of the Crown-owned lake bed to an abutting landowner (i.e. the proposed creation of a new water lot). This policy is used by City staff to guide how comments are provided by the City to the MNRF. This policy does not apply to the City-owned water lots.
This policy was updated in April 2019 to reflect the change in the department name referenced within the Policy. You can review the change within Report CD-19-06, but for easy reference the change listed on page 15 of that agenda says:
8.1.5.1. Adjacent Property Owners - “Replace reference to “Public Works (Engineering Division) and Development Services Departments” with “Development Services and Engineering Department”
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Is the City of Orillia attempting to sell the water lot at the southern end of Forest Avenue South?
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- The City of Orillia does not have any intention at this time to sell the municipally owned water lot at the base of Forest Avenue South.
- Policy 1.7.1.1 - Real Property, Provision 3.3 states that “To protect the long term public access to Lakes Couchiching and Simcoe, road allowances adjacent or leading to the shoreline shall not be conveyed out of municipal ownership unless specifically authorized by Council.”
- The City of Orillia Parks, Recreation and Culture Master Plan further states that “In general, all undeveloped road allowances (i.e. road right of ways that are not currently being utilized for a vehicular road) should not be released from the City’s ownership.” (page 79)
- This report goes on to state that “Unless it is absolutely certain there are no current or future uses for the land areas regarding circulation, parks and open space, community service or any other public benefiting function, it is recommended that all road allowances be maintained for public use, particularly those providing water access. Where road allowances have worn pathways from pedestrian or bicycle use, they are obviously a public transit corridor and should be incorporated into the City’s circulation system.” (page 79)
- Any road allowance that is considered for sale should also go through a standard review process by the various boards or commissions having potential use for the land (i.e. Active Transportation and Trails Advisory Committee, Economic Development Committee, Municipal Heritage Committee, Recreation Advisory Committee, etc.).” (page 79)
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Does the City plan to turn the Forest Avenue South water lot and road allowance into a parkette?
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No, there are no current plans to turn the Forest Avenue South water lot and road allowance into a parkette. For clarity, the 2014 Parks, Recreation Culture Master Plan contemplates a parkette called the Forest Avenue South Park which would be intended as a location to launch kayaks and canoes. This small parkette is contemplated where a small creek crosses Forest Avenue South (approximately mid-way between the Highway 12 by-pass and Victoria Crescent). The plan does acknowledge that the City does not own this land, and either a land purchase or easement agreement would be required to accommodate this park. No plans are yet in place to pursue the development of this parkette, and no funds have yet been set aside for this purpose. For more information, including a map, please visit page 144 of the Parks, Recreation and Culture Master Plan.
Further, recent use of the Forest Avenue South road allowance and water lot has resulted in a number of complaints over the past several years. In Report BDC-20-05 staff explicitly state that consideration was given to the capacity of the water lot (not enough room to accommodate all of the requested encroachments) and to land use compatibility (staff recommended limiting the extent of uses of the water lot due to the adjacent resident land uses). For this reason, Council and staff are not currently considering any additional uses and/or development of this road allowance and water lot.
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What consultations have taken place in regards to this matter? |
City staff have met with representatives of the GIPOA and the property owners adjacent to the Forest Avenue South Road Allowance on various occasions since 2016.
- In January 2018, Council directed staff to form a Forest Avenue South Working Group ("Working Group").
- The Working Group, which was comprised of staff, Council representatives, representatives of GIPOA and affected mainland property owners, met for over a year to discuss solutions to the issues that would be agreeable to all parties.
- GIPOA advised that it wished to bring a lawyer to the Working Group meetings and at that point the City determined that the Working Group was no longer appropriate.
- Council directed City staff to survey the residents of Grape Island directly (that is, not through GIPOA) regarding the use of the City's waterlot. This survey was completed in the summer of 2019.
- Most recently, City staff surveyed the residents of Grape Island directly regarding the frequency of their use of the dock on the City's water lot. The results of that survey are contained in a Council Information Package dated May 22, 2020.
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Has the City advised the GIPOA solicitor that the City is not willing to negotiate?
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- No, the City has not advised the GIPOA solicitor that the City is not willing to negotiate.
- The City's objective is to find a long term solution to the land use conflicts at the base of Forest Avenue South.
- For these reasons the City has sought to ensure transparency in the process, carry out ongoing consultations with affected residents, and facilitate discussions between ratepayers to allow a grassroots solution between neighbours to come forward.
- When the GIPOA attempted to introduce a solicitor into the Working Group discussions this changed the dynamic of the discussion from a collaborative informal approach, to a formal discussion with legal implications.
- When the GIPOA commenced legal proceedings against the City of Orillia this further changed the dynamic of the ongoing relationship between the City and the GIPOA, as the City must ensure that it is acting within the best interest of all residents and limiting exposure to legal claims (which in turn cost the taxpayer).
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Can the Grape Island Property Owners’ Association (GIPOA) restrict non-member access to the garbage bin located on the GIPOA Parking Lot?
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All City of Orillia taxpayers are entitled to an annual allotment of garbage tags. However, there is no trash pickup available on Grape Island. For this reason GIPOA has contracted with the waste management department to have a collection bin placed at their Forest Avenue property for use by their members. The volume of the bin is determined by the number of residents represented, and fees associated with its use are paid by the association. (This is similar to the way an apartment building or condominium complex deals with garbage pickup). The City does collect garbage from the property through that contract, but GIPOA’s Forest Avenue parking lot is private property and the City cannot interfere with the GIPOA’s rules as to who is allowed to access the collection bin on that site.
If you are not an association member, you can contact Greg Preston of the City’s Environmental Services and Operations Department at 705-325-2444 so arrangements can be made for you to receive your yearly entitlement of garbage tags directly. You would then have to tag your garbage and bring it to the Waste Diversion Site directly at 100 Kitchener Street in Orillia. Placing garbage at the curb of Forest Avenue will not be permitted.
Another option would be for non-members to consider working out an arrangement with the association to use the Forest Avenue Depot, and pay a fee to help cover the costs of waste collection from the depot.
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If a non-member of GIPOA can’t use the GIPOA parking lot, can we park on the street?
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Parking is permitted on both sides of Victoria Crescent, and on Forest Avenue (north of Victoria Crescent). Parking is prohibited on Forest Avenue South between Victoria Crescent and the water’s edge. All parking on Forest Avenue South is subject to winter parking restrictions in the traffic and parking by-law.
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Can the GIPOA restrict non-member Grape Island residents from using the dock at the base of Forest Avenue Road South if it’s on the municipal water lot?
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Policy 1.6.1.1. addresses the dock at the base of Forest Avenue Road South. Policy 1.6.1.1. states: “THAT the property owners of Grape Island be permitted each year to erect a temporary dock at the foot of Forest Avenue on the town water lot, such dock to be removed on or about September 1st.”
This Policy is intended to provide access to Grape Island for all Grape Island property owners. The City has not authorized the GIPOA to restrict access to the GIPOA dock in any way, and the City is therefore investigating the extent to which GIPOA has placed restrictions on the use of this dock.
A survey was undertaken in the spring of 2020.The survey was sent to all property owners who provided the City with an email address through the Forest Avenue South Mailing List last fall. The survey garnered only 14 responses and is therefore not fully representative of the current situation.
Since undertaking the survey, staff have been advised by residents of Grape Island that the GIPOA due date for payments of membership fees (including fees for litigation) has been moved to June 30, 2020. Therefore, the City will not have an accurate understanding of how many Grape Island residents will remain as members of the association (and subsequently how many non-members will be impacted by the GIPOA dock restrictions) until after this date. Staff therefore propose to re-survey Grape Island residents in early July to assess the impact of GIPOA’s attempts to restrict access to the GIPOA dock.
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Does the City own Ivy Lane or “the Cove” on Grape Island?
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No, Ivy Lane, Block 51 and part of Block 52 have never been owned by the City. These lands were transferred to the “Trustees of the Grape Island Community Association” by Hugh Grant, the original developer of the island, in 1952.
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Forest Avenue South Mailing List |
To receive updates regarding the Forest Avenue South encroachment matters, please sign up to the Forest Avenue South Mailing List. |
Contact Information |
If you have questions related to the Forest Avenue South road allowance, please contact Laura Thompson, Senior Manager of Business Development at lthompson@orillia.ca or Ward Councillors Ted Emond or David Campbell.
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