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11 19 1990 Council Minutes II " Ii ii 'i il 11 . II !I 11 . ' II 'I II Ii II H " " :1 I ] " Ii Ii I] I: il II :1 I] I I , 11 THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, NOVEMBER 19, 1990, @ 7:00 P.M. - COUNCIL CHAMBERS ONE HUNDRED AND TWENTY-SEVENTH MEETING 1988-1991 COUNCIL council met this evening pursuant to adjournment @ 7:00 p.m. with the following members present: Reeve Robert E. Drury Deputy Reeve Caldwell Councillor David Burton Councillor Allan Johnson Councillor Alastair Crawford Also Present Were: Mrs. Vivian Bell, Mr. steve Sperling, Mr. James Zerny, Mr. Jim Myers, Solicitor and One Member of the Press Reeve Robert E. Drury chaired the Meeting. Reeve Robert E. Drury opened the meeting with a prayer. 1. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST: None Declared. 2. CONSENT AGENDA: a) M.O.T. re: Revised Fee structure; provision of Municipal Fire Service on Highway; b) O.M.B. re: Appeal by Robert & Joyce Strachan; c) M.O.T. re: Sugarbush Subdivision Phase III, Stages I & II; d) Road Expenditure and Subsidy Report, October 31, 1990; e) R.G. Robinson and Associates re: Horseshoe Highlands Phase IVA f) Simcoe county District Health unit re: Horseshoe Highlands Phase IV(A); g) R.G. Robinson and Associates Limited re: Inspection Report Cedarbrook Estates; h) Skelton, Brumwell and Associates re: squires proposed Transfer Lagoon Expansion; i) David S. White, Solicitor Confidential Correspondence re: Peacock; j) David S. White, Solicitor Confidential Correspondence re: Guthrie Arena; k) E. Marshall Green, Solicitor Confidential Correspondence re: Muskoka Homes; 1) R.G. Robinson and Associates, Confidential Correspondence to Continental Homes re: Harbourwood SUbdivision; m) R.B. Watkin, Ainley and Associates, Confidential Correspondence re: McKee Recreational, Lot 11, Concession 2; n) R.B. Watkin, Ainley and Associates, Confidential Correspondence re: Indian Park Rezoning; 0) R.B. Watkin, Ainley and Associates, Confidential Correspondence to Lehman and Associates re: Proposed Plan of Subdivision, Lot 10, Concession 10; p) Reid and Associates, Confidential Correspondence re: Garrett Developments, Part of Lot 40, Concession 1; q) Livingston, Myers & Levison, Correspondence re: Zerny Rezoning Application, Lot 25 and Part Lot 26, Plan 882; , ' 4. a) b) c) d) e) 5. a) b) c) 6. , a) , II , i I , ! , , , II !! !I 'I !I + II !I " II , , Ii " II I, " " I' d II " II !I Ii 11 " " " 11 ii Ii ii I! 'I II :1 ;i I - 2 - 3. DEPUTATIONS: a) 8:00 P.M. Mr. James Zerny and Solicitor James E. Myers spoke to Council with regards to a proposed rezoning; Firstly, Lot 25 and Part Lot 26, Plan 882, Part Plan 51R-2618; Secondly, Part Lot 25, Concession 10, being 1, Plan 5lR-12484. (This portion of the was held in Committee of the Whole.) REPORTS OF MUNICIPAL OFFICERS: R. James, Animal Control/By-Law Enforcement Officer Report re: Monthly Activities, October 1990; H. Sander, Treasurer, Confidential Memo re: Dan Maloney Letter of Credit; H. Sander, Treasurer, Memo to Council re: Fax Machine Costs; F. Haughton, Public Services Administrator, Memo to Council re: 4th Line and Alpine Way; Fred Haughton, Public Services Administrator, re: Confidential Memo 7th Line Property; COMMUNICATIONS: Township of Matchedash; Notice of Emergency Meeting re: Future Use of the Uthoff Quarry; Horseshoe Resort Corporation Confidential Correspondence re: Lot Levies; Skelton, Brumwell and Associates Confidential Correspondence re Simcoe Garden Development, Lot 21 and 22, concession 13; OTHER BUSINESS: Councillor Burton asked through the Reeve of the Administrator/Clerk, whether or not anything could be done with regards to the Presbyterian Church obtaining their Building Permit. The Administrator/Clerk responded by indicating that to his knowledge the appeal period was provincial regulations and the he would check if there was any avenues available to applicant to reduce this time in order that they can obtain their Building Permit. b) councillor Crawford requested that the Township Planner check the Zoning By-Law, section 5.3.3. (date) and report back to Council. MOTION NO. 1 Moved by Johnson, seconded by Burton Be it resolved that the minutes of the Special Public Meeting of Council held on Monday, November 5, 1990, (De Biasio Rezoning) be adopted as printed and circulated. carried. MOTION NO. 2 Moved by Caldwell, seconded by Crawford Be it resolved that the minutes of the Special Public Meeting of Council held on Monday, November 5, 1990, (Presbyterian Church Rezoning) be adopted as printed and circulated. Carried. 'I r I :1 , , i~ II - 3 - MOTION NO. 3 , I I 11 II , " Ii II Moved by Burton, seconded by Johnson Be it resolved that the minutes of the Special Public Meeting of Council held on Monday, November 5, 1990, (Smith Rezoning) be adopted as printed and circulated. Carried. MOTION NO. 4 Moved by Crawford, seconded by Caldwell Be it resolved that the minutes of the Regular Meeting of Council held on Monday, November 5, 1990, be adopted as printed and circulated. Carried. MOTION NO. 5 II I I I ! Moved by Crawford, seconded by Caldwell Be it resolved that the accounts presented for the period ending Monday, November 19, 1990, in the amount of $98,238.06, plus for the period ending Thursday, November 15, 1990, in the amount of $29,676.32, in accordance with the computer print-out presented to Council, be approved for payment. II q I! Carried. MOTION NO. 6 Moved by Johnson, seconded by Burton II II II II " II 'I il II il d :1 II " II II Be it resolved that the road expenditures for the period ending Monday, November 19, 1990, be accepted as presented, and further, the Treasurer be authorized to issue cheques in the amount of $19,645.59. carried. MOTION NO. 7 Moved by Caldwell, seconded by Crawford Be it resolved that the Recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. MOTION NO. 8 . Moved by Burton, seconded by Johnson Be it resolved that the Report from Robert James, Animal Law Enforcement Officer, with regards to his Monthly Activities for the month of October 1990, be received. Carried. ;1 Ii MOTION NO. 9 Ii " :i '1 I I I 'I ,I I I I , I I :1 :1 Moved by Crawford, seconded by Caldwell Be it resolved that the Memo from Treasurer, Henry Sander, with regards to the Dan Maloney Letter of Credit, be received, and further, the Treasurer be authorized to release the Letter of Credit. Carried. ii II ~ II - 4 - MOTION NO. 10 II ,I II il II II II . Moved by Johnson, seconded by Burton Be it resolved that the Memo from Henry Sander, Treasurer, with regards to Fax Machine Costs, be received, and further, his recommendations be adopted. Carried. MOTION NO. 11 Moved by Crawford, seconded by Caldwell II II ,I II II I , I Be it resolved that the Memo from Public services Administrator, Fred Haughton, with regards to the 4th Line and Alpine Way, be received, and further, the Public services Administrator be authorized to close the entrance off on Alpine Way onto the 4th until the grade revisions have been completed. carried. MOTION NO. 12 Moved by Burton, seconded by Johnson 11 '1 II II Be it resolved that the Confidential Memo from Fred Haughton, Services Administrator re: 7th Line Reconstruction, acquisition of properties, be received, and further, Fred Haughton, Public Administrator, be authorized to negotiate with each land owner, identified as land necessary to be acquired to construct the 7th Line to the required design standard. An Agreement to Purchase; and further, the final agreements are to be approved by Council in the appropriate legal form. Carried. 11 II II II !I 'i ii !I II ii !! II il 'I I II , I . Ii II II " " II Ii :, . , :i ,I ii ij I, " II " 'I I! 'I ;1 , i II MOTION NO. 13 Moved by Caldwell, seconded by Crawford Be it resolved that the Correspondence from the Township of Matchedash, with regards to a Notice of Emergency Meeting regarding the future use of the uthoff Quarry and the resulting effect on the watershed and the watertable of the surrounding area to be held on Wednesday, November 21st, 1990, at 8:00 p.m., be received, and further, the Administrator/Clerk advise the Township of Matchedash that the following members will attend: Alastair Crawford Allan Johnson Reeve Drury Carried. " , ! i' - 5 - it II , I I , , , , , , i MOTION NO. 14 Moved by Caldwell, seconded by Crawford II ,1 , II " II ii . , (1 Be it resolved that the Confidential Correspondence from Horseshoe Resort Corporation with regards to Lot Levies, be received, and further, the Administrator/Clerk is to advise the Horseshoe Resort Corporation that the municipality must be in receipt of their Lot Levy commitment with regards to Phase IV (A), prior to 4:30 p.m. on Friday, November 23, 1990, or the Administrator/Clerk is hereby advised to authorize municipal officials and consultants to stop work on their development. Recorded Vote requested by Reeve Robert E. Drury I , i II Ii 11 :i II II :1 ii il H II '. Councillor Johnson Yea Councillor Crawford Yea Deputy Reeve Caldwell Yea Councillor Burton Yea Reeve Drury Yea Carried. MOTION NO. 15 Moved by Johnson, seconded by Burton Be it resolved Brumwell, re: Concession 13, Consultant for that the Confidential Correspondence from Skelton, Simcoe Garden Development proposal, Lots 21 and 22, be received and referred to the Township's Planning a report back to Council. carried. It II " " 'i 'i II II II II II . I II II II II ii Ii II ~ I ii 'j Ii + II II II Ii " 'I I II Ii Ii . , " " 11 , , " il I: " Ii Ii ii MOTION NO. 16 Moved by Burton, seconded by Johnson Be it resolved that Report No. 90-30 of the Special Committee of Whole Meeting held on Tuesday, November 6, 1990, and contained therein, be adopted as printed and circulated. Carried. MOTION NO. 17 Moved by Crawford, seconded by Caldwell Be it resolved that Report No. 90-31 of the Committee of the Whole Meeting held on Tuesday, November 13, 1990, and the recommendations contained therein, be adopted as printed and circulated. Carried. MOTION NO. 18 Moved by Johnson, seconded by Burton Be it resolved that Development Application P-18/90, Indian Park; an application to rezone lands at the corner of Huronwoods Drive Oneida Avenue from Recreational and open Space (OSl) Zone, to the Residential General (RG) Zone, be deferred, and further, Council invite the executive of the Indian Park Association to a future Committee of the Whole Meeting to review the rezoning issue along with the financial requirements to upgrade the first phase of the Indian Park water system. Carried. I I I II I , , :i II :1 Ii , 'I - 6 - MOTION NO. 19 Moved by Caldwell, seconded by Crawford Be it resolved that the request of the Indian Park Association to rezone from Resort Residential (RR) Zone to General Residential Zone for Sugarbush, Phase I and II, be encouraged under the following conditions: 1) written comments from the Simcoe County District Health unit on the proposed rezoning, be received; 2) Filing with the Township, applications for the Official Plan and Zoning Amendments with the appropriate payment of fees, following approval from the Simcoe County District Health unit. Carried. MOTION NO. 20 Moved by Johnson, seconded by Burton Be it resolved that Development Application P-35/89 - Bayhaven Development Limited, Part of Lot 1, Concession 1, being Parts 2 and 3, Plan 51R-1124; an Application for a proposed Official Plan and Zoning By-Law Amendment from Resort Commercial and Agriculture to Residential to permit a medium density residential development, be deferred and no recommendations be made until the following information is provided to the satisfaction of the Township of Oro: 1) Investigation of the provisions of the Condominium Agreement with respect to servicing and future liability; a copy of the proposed Agreement is to be forwarded to the Township for review; 2) Comments in writing from the pertinent agencies with respect to servicing plans; 3) clarifications of the status of existing structures; 4) Confirmation in writing of parkland location and parkland dedication provisions proposed; 5) Fire protection provisions with respect to location of the reservoir tank and fire fighting plans to be reviewed by the Township Fire Chief; 6) Information in writing, related to the provision of visitor parking; 7) Investigations of the impact and development on adjacent properties; 8) Investigation shall include a full reasonable use and hydrogeology study to be forwarded to the Corporation of the Township of Oro for review. Recorded Vote requested by Deputy Reeve Caldwell Councillor Burton Yea Deputy Reeve Caldwell Yea Councillor Crawford Yea Councillor Johnson Yea Reeve Drury Yea Carried. I. " I w I i I II II I I Ii I II II II II II II il II II II II 'I , II II II " !I ii , , II Ii , , II ii ii Ii ij " II " " II II 'I . , II I 'i - 8 - MOTION NO. 25 Moved by Caldwell, seconded by Crawford Be it resolved that a By-Law to increase the minimum lot size for all new Single Family Dwelling Lots to 2023.5 square metres and increase the minimum lot size for all new Semi-Detached or Duplex Dwelling Lots, to 3035 square metres within the Township of Oro, be introduced and read a first and second time and numbered By-Law No. 90-130. carried. That By-Law No. 90-130 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 26 Moved by Johnson, seconded by Burton Be it resolved that a By-Law to Amend the Official Plan (private Un assumed Road Policy) be introduced and read a first and second time and numbered By-Law No. 90-131. Carried. That By-Law No. 90-131 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Recorded Vote requested by Reeve Drury Councillor Burton Yea Deputy Reeve Caldwell Yea Councillor Crawford Yea Councillor Johnson Yea Reeve Drury Yea Carried. MOTION NO. 27 Moved by Johnson, seconded by Burton Be it resolved that a By-Law to Appoint a New Member to the Oro Township Committee of Adjustment and Amend By-Law No. 88-96, be introduced and read a first and second time and numbered By-Law No. 90-132. carried. That By-Law No. 90-132 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Recorded Vote requested by Deputy Reeve Caldwell Councillor Johnson Yea Councillor Crawford Yea Deputy Reeve Caldwell Yea Councillor Burton Yea Reeve Drury Yea Carried. i I, )1 , II II 1] I II 11 II I II II !i Ii 'i II !) Ii !i " " !I " " " ii + 'I II II II il II 11 11 :1 II !I " !I " i I. I r i' II Ii II " 'I 'I II II i, '.' - 9 - MOTION NO. 28 Moved by Burton, seconded by Johnson Be it resolved that we do now go into Committee of the @ 8:00 p.m. with James Zerny and Jim Myers, Solicitor, Whole present. Carried. MOTION NO. 29 Moved by Caldwell, seconded by Burton Be it resolved that we do now Rise and Report from Committee of the Whole @ 8:50 p.m. Carried. MOTION NO. 30 Moved by Crawford, seconded by Caldwell Be it resolved that a By-Law to Confirm the Proceedings of Council be introduced and read a first and second time and numbered By-Law No. 90-133. Carried. That By-Law No. 90-133 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 31 Moved by Burton, seconded by Johnson Be it resolved that we do now adjourn @ 8:53 p.m. Carried. ~2!~ Re e Robert E. ury .&Ii5h Clerk Robert W. Small