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11 05 1990 Council Minutes II "1' 1 :1 " ]1 THE CORPORATION OF THE TOWNSHIP OF ORO II MONDAY, NOVEMBER 5, 1990, 8 7:00 P.M. - COUNCIL CHAMBERS ONE HUNDREDTH AND TWENTY-SIXTH MEETING 1988-1991 COUNCIL , I, I, II II . II it " II II I , : , I 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: Mr. Ron Watkin, Mr. David White, Mr. Ron Sommers, Mr. Harry Hughes, Ms. Loretta Hughes, Leone Marshall, Mr. Ken Hollins, Mr. Jim Bell, Mr. Paul Perri, Mr. steve Sperling, Ms. Leona Harrison, Mr. John Harrison, Cora Bryan, Ms. Eleanor McHardy, Mr. Al smith, and One Member of the Press. II , : I I I 11 11 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. '1 2. CONSENT AGENDA: II II ii II II 'I 'I t I: !I " " 1\ I, II I, " !I ,I II a) Fred Haughton, Public Services Administrator, Memo re: M.T. EAC Meeting, October 30, 1990; b) Simcoe county Study Committee Press Release and September 28, 1990, Minutes; c) C.C. Tathum and Associates Limited re: Confidential Correspondence re: Edgar Subdivision, West Part Lot 10 Concession 5; d) ontario Municipal Board, correspondence to I.J. Rowe, Solicitor re: Adjournment of Yeaman Appeal; e) Nottawasaga Valley Conservation Authority Program Review; f) F.J. Graham re: Simcoe County Board of Education Audit; g) ontario Municipal Board re: Withdrawal of Appeal Darcon; h) David S. White, Solicitor re: Confidential Correspondence re: Shelswell Right-of-Way, Part Lot 27, Concession 7; i) R.B. Watkin, Ainley and Associates Confidential Correspondence to H. B. Donnelly (North Oro Industrial Park); j) R.G. Robinson and Associates, Confidential Correspondence Inspection Reports and site Meeting Minutes re: Horseshoe Highlands, Phase IV (A), Canterbury Estates and Sugarbush Phase III; k) Jorden and Jones, Confidential Correspondence re: Bravakis (Edgar (2)), Kovacs; 1) A.W.J. Dick, Solicitor, Confidential Correspondence to Appraisers Canada re: Appraisal Parts 1-8/51R-17872; m) Stewart C.E. Gillis re: Correspondence to ontario Hydro re: Relocation of Hydro Lines on Plan 626; n) ontario Municipal Board Correspondence re: Lot 15, Concession (Besse); 0) ontario Municipal Board Correspondence re: Lot 23, Concession (Strachan); p) Alan Maguire Correspondence re: 9th Line Boat Launch (2 Letters); I I "1 I II Ii . II II II II :1 II i! I] II II " 'I I, II ii :1 , , il :i Ii II I II II I' i! ii Ii , il Ii - 2 - " Ii ii " , ii Ii 2. CONSEN'l' AGENDA: cont'd 11 il Ii Ii II Or1~ !i II 11 II !i I ,I " ii ij II " II ., il q) r) s) Town of penetanguishene Correspondence re: Restructuring; David s. White, Confidential Correspondence reI Township of sale to Sier; R.G. Robinson and Associates Limited, confidential Correspondence re: 7th Line Reconstruction; R.G. Robinson and Associates Limited, Confidential Correspondence re: MSL Subdivision; Jorden and Jones Planning Consultants, Confidential Correspondence reI Part Lot 37, Concession 1, (Bravakis); Solid Waste Management Department, Correspondence re: Interim Management Legal Agreement; G.E. Taylor, Simcoe County Confidential correspondence re: Barrie Suburban Road 20, Concession 5, Lot 26; Kathy Hummel, Assistant Treasurer, Memo re: Christmas Party Attendance; i: Ii Ii " 'I ,I , , i! " II Ii that t) u) v) w) x) 3. DEPUTATIONS: a) Reeve Robert E. Drury advised those present Council would be entertaining questions pertaining to proposed By-Law No. 90-121, beingll a By-Law to Close, Sell and Convey a Portion of II the Road Allowance between the 6th and 7th I Concessions, more particularly described as ,I Parts 2, 3, 4, 5, 6 and 7 on Reference Plan 51RT 21234; the Reeve then asked the Clerk to read" ii the proposed By-Law. " II 'I 7:05 p.m. The Reeve then asked those present if they had .1 any questions pertaining to the proposed By-Law:, Hr. Harry Hughes: " I am reasonably satisfied with the services we II have on the 6th Line, in terms of road .1 maintenance, etc. but my concern is, what effec~ is the closing of the 6th Line going to have onl: the snow ploughing, grading, etc.? Has councilll looked into that, as I am wondering what impact!1 it will have on the timing and the quality of 'I the services that it is likely to have? I Reeve Drury: :J I think that is a question that we will put ove~ to our Road Superintendent, he will be II scheduling the works that will be performed thi$ winter. In all fairness, it is something that II the Council has not looked at in great depth. ,I Hopefully the service will be the same, but it ,: is something we should ask our Road II Superintendent for a report on. 'i I assume it is Council's intent to keep the I quality of the service at the level it is now. II I I , ii Ij 'i Mr. Harry Hughes: Reeve Drury: Absolutely! Hr. Harry Hughes: The second question that I have is, living on .1 the 6th Line where we do, where the barrier wasil put up in the middle of the Highway, we were I'I told that when we asked about service roads, I, that the service road that we were getting was II . . .'1 1n fact what I call the M1tchell Square Road, 1~ was paved. Now basically, the people in this II section of the 6th Line, below the Highway havell lost access to that service road. " ij ,! i - 3 - Hr. Harry Hughes: I am wondering if Council is looking into long term planning and at some point giving the people in this section of the third line, back that service road, service. Reeve Drury: That is a fairly long term question. I would say that Council has looked at it in the past, and how to improve property to the west of you live, in the 5th and 6th Concession. There have been proposals for industrial parks and if there was an industrial park to be located then there would be in fact a service road from the 5th to the 6th. I , I I , II Hr. Harry Hughes: It is just my intent to somewhere here tonight, make sure this concern is somewhere in the official records and that it will be marked as concern and hopefully a priority to take a look at in the future. Hr. Robert Small: Can I ask clarification of Mr. Hughes; you mentioned the 3rd Line, where you meaning the 6th Line? Hr. Harry Hughes: I meant the 6th Line, maybe I moved and didn't realize it. b) 9:00 p.m. Mr. stewart C.E. Gillis, was to be present to discuss the proposed relocation of a Hydro Line on Plan 626, Concession 11. I[ , I I Note: Mr. Gillis met with Mr. R. S. Clarkson and Mr. B.E. Kaatz, ontario Hydro @ 3:00 p.m. on Monday, November 5, 1990, and the was advised by these two gentlemen that they would like this matter deferred until a future date as there may be an alternate location for this Hydro Line. 4. REPORTS OF MUNICIPAL OFFICERS: II a) Planning Department Report re: Norman and Betty Moore, East Half Lot 15, Concession 12; b) H. Sander, Treasurer, Memo re: G.S.T. Seminar, November 7, 1990; c) Fred Haughton, Public Services Administrator, Confidential Report re: 7th Line Reconstruction/Subsidy; d) Fred Haughton, Public services Administrator, Report re: Oro Arena Parking Lot; e) Henry Sander, Treasurer, Confidential Report re: Oro Arena Renovation Project; f) Robert James, Animal Control/By-Law Enforcement Officer, Confidential Monthly Activity Report for September 1990; g) Tender Opening re: Snow Removal - Horseshoe Valley h) Beth Oosthuizen, Deputy Clerk, Report re: Freedom of Information/Appointment of Head and Co-ordinator; i) Beth Oosthuizen, Deputy Clerk, Confidential Memo re: Continental Homes-Release of Letter of Credit; j) Report of Live Stock Valuer Bruce Anderson, re: Live stock killed (Hemsted); k) Report of Live Stock Valuer Bruce Anderson, re: Live stock killed (Hemstead); 1) Patricia vincent, Secretary-Treasurer Committee of Adjustment Confidential Report rei Decision of Committee of Adjustment File NO.'S B32/90, B37/90; m) Lynda Aiken, Secretarial Services Co-ordinator Memo re: Pat vincent attending the Simcoe County Secretary-Treasurers Association Meeting; II - 11 ,I :i 11 ~I ~I " " , , !I !I - 4 - II II II I, II il ~ II Ii II 11 '1 Ii :j I II II II II II II II II II 4. REPORTS OF MUNICIPAL OFFICERS: cont'd n) Tender received from Mr. Donald Woodrow, (Snow Valley and Oro Hills) Contract No. 90-10; 5. COMMUNICATIONS: a) M.R. Truax Aggregates re: Application to Ministry of Natural Resources to Increase Tonnage for a Gravel pit (Lot 6 & 7, Concession 10); b) Paul Kitchen reI request to appear before Council re: Lakewood Subdivision; c) John Bellefeuille, Caribou Restaurant re: L.C.B.O. Licence; d) Trustees Guthrie united Church reI Entrance to Guthrie Church; e) Michael W. Shain, Solicitor, stewart, Esten, Confidential Correspondence, Oro vs Simpsoni f) Jorden and Jones Confidential Correspondence reI Part of Lot 20, Concession 6; g) Ontario Association of Cemeteries reI Seminar November 21, 1990, Orillia; h) Orillia Engineering Associates Limited, Confidential Correspondence reI Gregg Property, North Oro Industrial Property; i) R.B. watkin, Planner, Ainley and Associates, Confidential Correspondence re: Estate Residential Policy. ! I , , , , II '1 11 " H Note: The Council Meeting was recessed @ 7:59 p.m.; The Council Meeting was reconvened @ 8:30 p.m. MOTION NO. ~ I I , " " il jJ !! Ii !i " !i , , Ii [i 'i II U :i " . II :I II if Moved by Johnson, seconded by Burton Be it resolved that the minutes of the Special Council Meeting held Monday, October 15, 1990, (Local Government Week), be adopted as printed and circulated. Carried. MOTION NO. 2 Moved by Burton, seconded by Johnson Be it resolved that the minutes of the Special Public Meeting of Council held Monday, October 15, 1990, (Clarke/King) be adopted as printed and circulated. Carried. MOTION NO. 3 Moved by Johnson, seconded by Burton II II II [I ;I II " " ii q II " , , " I , " :1 'I Be it resolved that the minutes of Council held. Monday, October as printed and circulated. of the Special Public Meeting 19, 1990, (Mackie) be adopted Carried. MOTION NO. 4 Moved by Burton, seconded by Johnson Be it resolved that the minutes of the Regular Meeting of Council held on Monday, October 15, 1990, be adopted as printed and circulated. Carried. iii , , Ii - 5 - MOTION NO. 5 Moved by Johnson, seconded by Burton Be it resolved that the accounts presented for the period ending Monday, November 5, 1990, in the amount of $86,460.53, plus payroll for the period ending Thursday, November I, 1990, in the amount of $31,775.31, in accordance with the computer print-out presented to Council, be approved for payment. Carried. MOTION NO. 1$ Moved by Burton, seconded by Johnson Be it resolved that the Road Expenditures for the period ending Monday, November 5, 1990, be accepted as presented, and further, the Treasurer be authorized to issue cheques in the amount of $132,172.39. carried. MOTION NO. 7 Moved by Johnson, seconded by Burton Be it resolved that the Recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. MOTION NO. 8 Moved by Caldwell, seconded by Crawford Be it resolved that the Report of the Planning Department with regards to Development Application P-2D/90, (Norman and Betty Moore) East Half Lot 15, Concession 12, and their request to change the Agricultural Zone to Rural Residential, be received and adopted. Carried. MOTION NO. 9 Moved by Burton, seconded by Johnson Be it resolved that the Memo from Henry Sander, Treasurer, with regards to his attendance at a one day Seminar on the G.S.T. to be held on November 7, 1990, be received, and further, the Treasurer be authorized to attend this Seminar. Carried. MOTION NO. 10 Moved by Crawford, seconded by Caldwell Be it resolved that the Confidential Memo from Fred Haughton, Public Services Administrator, with regards to the 7th Line Reconstruction/Subsiuy Fit Owners, be received. Carried. MOTION NO. 11 Moved by Johnson, seconded by Burton Be it resolved that the Report from Fred Haughton, Public Services Administrator, with regards to the Oro Arena Parking Lot, be received, and further, recommendations one, three, and four, be adopted. Carried. II II '11 I 'II [I ii II I[ II II II II , ^. - 1\ - MOTION NO. 12 Moved by Crawford, seconded by Caldwell Be it resolved that the Confidential Report from Henry Sander, Treasurer, with regards to the Oro Arena Renovation Project, be received and adopted. Carried. MOTION NO. 13 i! II Ii , II II ii 'I II ! I Moved by Burton, seconded by Johnson Be it resolved that the Confidential Report from Robert James, Animal Control/By-Law Enforcement Officer, concerning his Monthly Activity Report for September 1990, be received. Carried. MOTION NO. 14 Moved by Burton, seconded by Johnson Be it resolved that the following tenders for Contract No. 90- 10, (Snow Removal/Horseshoe Valley) be received, and further; Donald Woodrow be awarded the Contract for Horseshoe Valley and Oro Hills at a price of $45.00 per hour. Carried. 11 II II II " 11 MOTION NO. 15 Moved by Caldwell, seconded by Crawford Be it resolved that the Report from Beth Oosthuizen, Deputy Clerk, with regards to Freedom of Information/Appointment of a Head and Co-ordinator, be received and adopted. Carried. MOTION NO. 16 II Ii 11 II " il ii II " il il " ii + " i! Moved by Johnson, seconded by Burton Be it resolved that the Confidential Memo from Beth Oosthuizen, Deputy Clerk, with regards to Continental Homes- Release of Letter of Credit, be received and adopted. Carried. MOTION NO. 17 Moved by Caldwell, seconded by Crawford Be it resolved that the Report of Live Stock Valuer, Bruce Anderson, for Live stock killed, owned by Mr. John Remsted, at an estimated value of $150.00, be received, and further, the Treasurer be authorized to issue a cheque to Mr. Hemsted in the amount of $150.00. Carried. MOTION NO. 18 Moved by Burton, seconded by Johnson Be it resolved that the Report of Live Stock Valuer, Bruce Anderson, for Live Stock killed, owned by Mr. John Hemsted, at an estimated value of $200.00, be received, and further, the Treasurer be authorized to issue a cheque to Mr. Hemsted in the amount of $200.00. Carried. ii, II II !I iI - 7 - '] MOTION NO. 19 I I II II 11 ! il il II' I', Moved by Crawford, seconded by Caldwell Be it resolved that the Report prepared by Pat Vincent, Secretary Treasurer, of the Committee of Adjustment and Richard Vandezande, Planner, with the firm of Ainley and Associates with regards to the Decision of the Committee of Adjustment re: B-32/90 (Leach); and, B-37/90 (Sutton), be received. Carried. MOTION NO. 20 II I II 11 Moved by Johnson, seconded by Burton Be it resolved that the Memo from Lynda Aiken, Secretarial Services Co-ordinator, with regards to the request of Council to have Pat Vincent attend the Simcoe County Secretary- Treasurers Committee of Adjustment Association Meeting, to be held November 30, 1990, be received, and further, Ms. Vincent be allowed to attend. carried. MOTION NO. 21 II i,!1 ! I ! iI ;1 II Ii II Moved by Burton, seconded by Johnson Be it resolved that the Correspondence from Morris Truax with regards to his request to the Ministry of Natural Resources to Increase his licence on property described as Part of Lot 6 & 7, Concession 10, from a present tonnage of 100,000 tonnes to 500,000 tonnes per annum, be received and referred to the Township's Planning Consultant and Public Services Administrator for a report back to Council. carried. MOTION NO. 22 II " II 11 ![ I[ :1 ii !1 II II II il Ii , II II :1 if 'I " '1 [ ii ;1 , Ii i! :1 Ii Moved by Caldwell, seconded by Crawford Be it resolved that the Correspondence from Paul Kitchen with regards to issues related to the Lakewood Subdivision, be received, and further, Mr. Kitchen be advised that it is not necessary for Mr. Kitchen to appear before Council as both issues are addressed in the Subdivision Agreement under Section 25 (Roads) and 54 (Hydro) and further, any clarification can be addressed through the appropriate Municipal Officials. Carried. MOTION NO. 23 Moved by Johnson, seconded by Burton Be it resolved that the Correspondence from John Bellefeuille, with regards to the application of the Caribou Restaurant to the L.C.B.O. be received and processed. Carried. Ii " !1 :1 !i I , 'I :! " " Ii :1 I " :1' II !, " !i II iI iI II T , II Ii II II - 8 - MOTION NO. 24 Moved by Johnson, seconded by Burton II' I , I II . il Be it resolved that the Correspondence from the Guthrie United Church Trustees, concerning the Oro Arena Parking Lot, be received, and further, the Administrator/Clerk is directed to advise the Trustees of the Report adopted by council, authored by the Public Services Administrator, Mr. Fred Haughton. Carried. MOTION NO. 25 !I II Moved by Caldwell, seconded by Crawford Be it resolved that the Confidential correspondence from Michael W. Shain, Solicitor with the firm of stewart, Esten, with regards to the Township of Oro vs Simpson, be received. Carried. MOTION NO. 26 Moved by Burton, seconded by Johnson Be it resolved that whereas the Township of Oro has corresponded with the Law Firm of stewart, Esten, on October 15, 1990, directing that all files be transferred to the Firm of Aird and Berlis; 11 II And Whereas the municipality wishes to expedite and transfer all files; Be it Resolved that Aird and Berlis be instructed to immediately arrange to settle any outstanding accounts with Stewart, Esten, and/or arrange for a partial payment and assessment by an assessment officer, and further, take all other reasonable actions necessary to have these files returned to the municipality or Aird and Berlis. Carried. II II il 'I II " ii !I II II ,I '1 '1 , il II 11 t i) ii Ii II Ii :1 II " II '1 11 Ii Ii II " , . II " , ' " Ii MOTION NO. 27 Moved by Crawford, seconded by Caldwell Be it resolved that the Confidential Correspondence from G.W. Jorden, with the firm of Jorden and Jones, concerning Part of Lot 20, Concession 6, Township of Oro, be referred to the Township's Planning Consultant, Mr. Ron Watkin, and further, Mr. Watkin and the Administrator/Clerk are directed to meet with Mr. Jorden to review the file concerning Official Plan Amendment No. 37. carried. MOTION NO. 28 Moved by Burton, seconded by Johnson Be it resolved that Ms. Pat Harwood, Parks and Recreation Supervisor, be directed to attend the Ontario Association of Cemeteries Educational Seminar to be held November 21, 1990, in Orillia. Carried. II II . , , ~I :1 II " !\ - , - MOTION NO. 29 Moved by Caldwell, seconded by Crawford II II . II Be it resolved that the Confidential Correspondence from Orillia Engineering Associates Limited, with regards to the Gregg Property, (Part 6, North Oro Industrial Park), be received, and further, Mr. Gregg and Mr. Hawke be invited to a future Committee of the Whole Meeting. Carried. MOTION NO. 30 , , I, " II II I[ [I I I Moved by Johnson, seconded by Burton Be it resolved that Report No. 90-28 of the Special Committee of the Whole Meeting held Thursday, October 18, 1990, and the recommendations contained therein, be adopted as printed and circulated. Carried. MOTION NO. 31 Moved by Burton, seconded by Johnson II II 11 II II II II Be it resolved that Report No. 90-29 of the Committee of the Whole Meeting held Monday, October 22, 1990, and the recommendations contained therein, be adopted as printed and circulated with the exception of Recommendation No. 18 and 24, which is hereby deferred until a later date. Carried. MOTION NO. 32 II [, II 11 II II II I iT . I I[ il !! :1 :i . II il il if Moved by Johnson, seconded by Burton Be it resolved that a By-Law to designate the head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, 1989, be introduced and read a first and second time and numbered By- Law No. 90-120. Carried. That By-Law No. 90-120 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 33 Moved by Caldwell, seconded by Crawford i1 :1 " II I, if II 11 I[ 'I II I 'I 11 i: " Be it resolved that a By-Law to Close, Sell and Convey a Portion of the Road Allowance between the 6th and 7th Concessions, more particularly described as Parts 2,3,4,5,6 and '7 on Reference Plan 51R-21234, be introduced and read a first and second time and numbered By-Law No. 90-121. Carried. MOTION NO. 34 " , ' ii Moved by Johnson, seconded by Burton Be it resolved that we do now go into Committee of the Whole @ 8:40 p.m. Carried. II II .II . , H !I it II II , I, h I . i - 10 - I II :1 I MOTION NO, 3S Moved by Burton, seconded by Johnson Be it resolved that we do now Rise and Report from Committee of the Whole @ 9:05 p.m. Carried. i , I , Ii ii " " Ii MOTION NO. 36 Moved by Caldwell, seconded by Johnson Be it resolved that the Confidential correspondence from Mr. R.B. Watkin of Ainley and Associates, with regards to the Estate Residential Policy, be received, and Mr. Watkin's recommendations contained in this correspondence be adopted. Carried. MOTION NO. 37 Moved by Johnson, seconded by Burton Be it resolved that a By-Law pursuant to section 298 (1) (a) and (b) of the Municipal Act for the purpose of widening Parks ide Drive, Plan 875, at the intersection with the Concession Road between the 9th and 10th Concession of the Township of Oro for the purpose of providing parking on the road allowance be introduced and read a first and second time and numbered By-Law No. 90-124. carried. That By-Law No. 90-124 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. II carried. MOTION NO. 38 I: II ;I 11 il II " Ii :] .. :1 'I II t II II II " 'I I, II II 'I II ,1 11 Ii , i I Moved by Caldwell, seconded by Crawford Be it resolved that a By-Law to Amend the Official Plan (Estate Residential Policy) be introduced and read a first and second time and numbered By-Law No. 90-125. Carried. That By-Law No. 90-125 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 39 Moved by Burton, seconded by Johnson Be it resolved that a By-Law to Amend the Official Plan (Mackie, West Half Lot 1, Concession 11) be introduced and read a first and second time and numbered By-Law No. 90-122. Carried. That By-Law No. 90-122 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. :i II II 1\ !! il II II II it Ii il il II " II !i " 11 'i II ! \\ II t !'I II J II ,i Ii Ii !I II " II " " Ii " Ii 'I Ii ii 1,1 , ii 'j " \ ii , il I i Ii ':j Ii Ii P Ii - 11 - " Ii MOTION NO. 40 " II II Moved by Crawford, seconded by Caldwell " '11 " Ii Be it resolved that a By-Law to Amend the Official Plan n (Clarke/King, East Half Lot 14, Concession 1) be introduced :1 and read a first and second time and numbered By-Law No. 90- 11123. n II r carried. ilThat By-Law No. 90-123 be read a third time and finally i! passed, be engrossed by the Clerk, signed and sealed by the Ii Reeve. 'I" I' Carried. !i 1'i Ii MOTION NO. 41 " ii I!Moved by Burton, seconded by Johnson < " II Be it resolved that a By-Law to Confirm the Proceedings of ICouncil be introduced and read a first and second time and i!numbered By-LaW No. 90-126. !I Carried. ',; " II IIThat By-Law No. 90-126 be read a third time and finally Ilpassed, be engrossed by the Clerk, signed and sealed by the ilReeve. Ii H " " II I\M.OTION Carried. NO. 42 Ii II,Moved by Johnson, seconded by Burton Ii 'dBe it resolved that we do now adjourn @ 9: 15 p.m. Ii Ii n 'i \ )i Carried. ii ii II "'1 " " Ii ~# clerk Robert w. Small I~.#" r ~ Ii il , i il , i! 1\ I " " i: \', " :\ , il ii I, Ii ]I ii Ji, , ii , ii I