03 24 1980 Sp Council Minutes
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COUNCIL CHAMBERS - MARCH 24, 1980
pg. 70
SPECIAL MEETING
Council met this evening at 7:30 p.m. according to resolution passed at a meeting
held on February 18, 1980 to hear and consider the Engineer's Report on the
Highway Drain, in accordance with Section 41(1) of the said Drainage Act.
Also to meet with Engineer for Jo-Con Developments at the conclusion of the
drainage meeting. All members of Council present. Reeve Howard A. Campbell
in the chair.
Present at the meeting were:
Charlie W. Grant, P.Eng. - Ainley & Associates Ltd. (Drainage Engineer)
John & Penny Treloar, Simcoeside Golf Course, Lot 21, Conc. 11
Donald Ackroyd - owner of ~~ Lot 20, Conc. 11
D. Loftus representing M. Kondracki, Lots 1 & 2, and Block A, Plan 1441;
Mrs. E. Burlew and Edward Burlew
Clerk presented copy of notice forwarded according to Section 41(1) of the Drainage Act
and list of persons and agencies to whom notices were sent. Also letter from
Ministry of Transportation & Communications, Planning and Design Section,
London, Ontario advising that the Ministry will not object to the Engineer's
Report of 1980 as filed on the 18th of February, 1980.
Reeve Campbell after opening the meeting, called on Mr. Charlie Grant, the Drainage
Engineer to present his Engineer's Report for the Highway Municipal Drain in the
Township of Oro as described on page 3 of the said Report. This report having
been further revised from the revision to the original report presented August
2, 1979. The Report of December 1979 had been referred back to the Engineer at
the meeting held on January 31, 1980.
Mr. Charlie Grant, P. Eng. presented the Engineer's Report, File No. 78128,
February 1980 and asked if Councilor anyone present wished the entire report to
be read. The answer was in the negative. Mr. Grant then asked for questions
on the report.
Mr. Loftus representing Mr. Kondracki and owner of the Old Mill Donut Shop brought
to the attention of the meeting the matter of his present septic system which had
apparently been approved by Simcoe County and District Health Unit on the basis
of the original water course being filled in for which no authority appears to
be recorded.
Mrs. Burlew requested to be advised whether there was a limit to increase should
the actual cost be different from the estimate shown in the report.
Mr. Grant advised that the actual cost wou~d be apolied unless it was too greatly
underestimated and the increase exceeded by a certain percentage in which case,
a further meeting would have to be called.
Mr. Loftus enquired as to the cost that would be assessed should the drain be changed
because of the septic bed which would be further south than the present angle of
the original drain as shown on the drawing. Mr. Grant advised that without
further review he could not give an off hand estimate.
. Council considered the matters presented and passed the following resolution.
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SPECIAL MEETING (Conti d) MARCH 24, 1980
pg. 71
On motion of Sanderson and McLean that in view of the problem of the septic bed
on Lot 1 and 2, and Block "A" of Plan 1441, the adoption of the report be
withheld until the Drainage Engineer meets with the owners involved on the site
and the report back to Council as to the cost of any changes if changes are in
fact required.
On motion of Smith and Swainson adjourn the Drainage Report meeting.
Following adjournment of the Drainage Engineer Report meeting, Council met with
Peter Smith of Reid and Associates as previously arranged, to discuss the matter
of the letter of credit with Jo-Con Developments.
Mr. Smith advised that Jo-Con Developments are of the opinion that the letter of
credit should be reduced on basis of the roads completed.
Mr. Peter Smith presented several alternatives which might assist Council in
making a decision regarding a reduction of the letter of credit and the following
points were discussed:
1. That a new letter of credit be requested from Jo-Con Developments with an
expiry date of September 1, 1980 in place of the present letter with an
expiry date of December 9, 1980 and that prior to August 15, 1980 a new
letter of credit for one year with an expiry date of September 1, 1981 at
an estimated cost at that time including any escalated estimated costs
necessitated to complete the balance of the work. This estimate to be
submitted by the Township Engineer.
2. That upon assurance in writing from Jo-Con Developments that this letter
of credit could be revised accordingly.
On motion of Swainson and Smith that Council would be prepared to consider a reduction
of $18,500.00 to an amount of $86,000.00 provided that Jo-Con Developments agree
in writing by proper legal agreement, to present to Council a new letter of credit
with an expiry date of September 1, 1980 in place of the present one having
an expiry date of December 9, 1980 and subject to the Bank for Jo-Con Developments
presenting in writing that the Bank is prepared to issue a letter of credit
expiring on September 1, 1980. And further that no later than August 15, 1980
a letter of credit is renewed for one year to September 1, 1981 at an escalated
cost estimate at that time, for the completion of the work, as estimated by
the Township Engineer.
Motion Carried.
On motion of McLean and Sanderson, adjourn at 11:00 p.m.
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Howard A. Campbell - eeve