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08 04 1981 Council Minutes . . . Pg. 200 COUNCIL CHAMBERS - AUGUST 4, 1981 EIGHTEENTH MEETING Council met pursuant to adjournment, all members present. Reeve R.S. Arbour in the Chair, The meeting opened with prayer at 9:30 a.m. The minutes of the last regular meeting of July 20, 1981, were on motion of Vousden and Halfacre, confirmed as printed and received. As requested, Deputy Reeve Stephen Davie made a presentation to Council including a copy of letter from Ian MaGPhee Rogers, Q.C., to Gordon Michener, Q.C., and letter from Gordon Michener. Deputy Reeve Davie stated that the opinions were at his expense. Deputy Reeve Davie then added further comments to the letters and expressed his opinion on the matter. A copy of his comments are appended to these minutes. Deputy Reeve requested that the letters and his comments be filed. Reeve R.S. Arbour commented that he would be prepared to have an election for Reeve to settle the matter, in which case both he and the Deputy Reeve c~uld resign in order to have an election for Reeve. Councillor Halfacre commented that this matter should be resolved and not constantly pursued. On motion of Vousden and Johnson, that the copy of letter from the Solicitors as presented and Deputy Reeve's comments be filed and copies appended to the minutes of this meeting. * Presented copies of letters forwarded resulting from the last regular meeting as follows: -Orillia Packet and Barrie Examiner re: Change of Council Meeting date publication -S.N.Keyes, P. Eng. re: inspection and work estimates, Plan M-71 -Stewart, Esten re: Attendance requested at July 30/81 Committee Meeting -Stewart, Esten Re: Road Allowance, Lots 5 & 6, Concession 13 -Skelton, Brumwell Re: Approval ofWlndfrel~Estates proposed Hydro Plan -Skelton, Brumwell Re: Drainage, Lot 66, R.P. 967 and Plan M-118 -Murray Silk Paving Re: Acceptance of H.P.V. Main Street Paving quotation -Ingo Schmiedchen Re: Proposed Beerfest, Shanty Bay Community School Centre -Basil Chadwick Re: Proposed Lakeshore Road reconstruction, Drainage -Simcoeside Ratepayers Re: Placement of fill, Township Lots Plan 1488 -L. Nowacin Re: Ora Park management & Supervision -Norman Cryderman Re: By-Law contraventions, Lot 6 R.P. 1501 -Ontario Hydro Re: Approval, Windfield Estates proposed Hydro Layout -Transport Canada Re: Application for approval of Works, Memorial Park On motion of Halfacre and Johnson, copies of letters presented and forwarded by accepted as satisfactory and placed on file for reference. * Deputy Reeve Davie stated that he never sought the position of Reeve and he invited the Reeve for lunch to further discuss the matter. Pg. 201 EIGHTEENTH MEETING - AUGUST 4, 1981 . Presented Correspondence, Communications etc., as follows: . . -MMAF (Ministry of Municipal Affairs & Housing) letter to Regional/County Treasurers requesting submission of 1981 Tax Levy information to Ministry Field offices due to mail strike -Consumer's Gas, forwarding Ontario Energy Board order in respect of Natural Gas price increase effective October 1, 1981 -MMAF "Background" Newsletter -"Housing Ontario Magazine" - "New" Ministry Announcement -Minutes of Oro Township Community Arena meeting - June 24th, July 7th, 1981 On motion of Johnson and Davie, that correspondence as presented be placed on file. Treasurer presented report of Receipts for month of July as follows: Oro Ladies Softball League - Lottery License #292077 Darlene Shoebridge - Dog Tags Treasurer - Transfer Current Taxes Robert Holmes - Park Gate Receipts Keith Lees - Council Minutes Norman Shelswell - 1 Water Meter Township of Oro - HPV Grade Work Treasurer - Tax Cert. (71.00) - Zoning (130.00) Skelton, Brumwell (Quinlan) - Rezoning George Langman (Strachan) - B9/81 Livingston,Myers & Cockburn - B/I0/81 (Quinlan) Ken Crawford - A3/81 W. Ayerst - A4/81 Treasurer - Current Taxes Carole Ayerst - Courier Service Hastings Electric - Rental Grader Madelines Restaurant - Rental Grader Ken Crawford - Courier Service Darlene Shoebridge - Dog Tags Province of Ontario - MTC 2nd Advance Sub. Treasurer - Taxes Current Shanty Bay Comm. School Centre - School Addition Central Oro Ratepayers - Council Minutes Robert Strachan - Comm. of Adjustment Robert Holmes - Park Gate Receipts Jim Shellswell - Building Permits Nancy Andrews - 1980 Taxes & Pen. & Interest Gary Lister - Calcium Robert Holmes - Park Hydro Darlene Shoebridge - Dog Tags Treasurer - Current Taxes Robert Holmes - Park Gate Receipts Province of Ontario - Darlene Shoebridge - Dog Tags Wendy Proulx - Summer Camp - Payroll Deductions John Beer - 20' xIS" CSP Jim Shellswell - Building Permits Treasurer - Building (130.00) - Tax Cert. (62.00) Treasurer - Current Taxes $ 2.00 144.00 10,000.00 345.00 32.00 90.00 1,702.40 201.00 50.00 50.00 50.00 50.00 50.00 12,000.00 6.00 30.00 30.00 8.00 529.00 113,700.00 15,000.00 2,000.00 32.00 50.00 832.00 854.00 78.00 20.00 259.24 221. 00 18,000.00 349.00 149.24 360.00 211. 99 80.00 1,395.00 192.00 30,000.00 . . . Pg. 202 EIGHTEENTH MEETING - AUGUST 4, 1981 On motion of Vousden and Halfacre, that report of Receipts as presented be found satisfactory. Presented semi-annual statement of Municipal Expenditures and Revenues to June 30/81 as required under Section 222 of The Municipal Act. On motion of Johnson and Davie, that the Treasurer's semi-annual statement as pre- sented be accepted and filed for reference. Recommendations from Committee of Council meeting held on July 30, 1981. On motion of Davie and Johnson, that the Township Solicitor proceed with pursuing legal action against L.J. Torpey with respect to non-compliance of the Subdividers Agreement for Registered Plan M-71 and keep Oro Township Council informed of the matter before the Courts. On motion of Davie and Johnson, that the Township Engineer prepare an updated itemized report of all unfinished work on Registered Plan M-71, suitable for the purpose of calling tenders for this work. On motion of Davie and Halfacre, that the "No Camping" signs be erected at Shelswell Park and that the matter of replacing the toilet facilities be left to the Park Committee, and their report be presented to next Committee of Council meeting. On motion of Johnson and Halfacre, that a meeting with the property owners of Registered Plan M-71, Council, Township Solicitor and Township Engineer be set for Thursday, August 13, 1981, at the Shanty Bay Community and School Centre at 8:00 p.m., and Clerk to notify the Township Solicitor and Township Engineer accordingly. Presented request from Orillia Township Clerk that Oro Councilor Council Represen- tatives attend Orillia Township Council's meeting of Thursday, August 6th, 1981 to discuss the proposal of a Boat Launching Facility to be placed at the Oro-Orillia Town Line at Carthew Bay. On motion of Johnson and Vousden, that the Reeve and Chairman of the Parks Com- mittee be authorized to represent Council's proposal to the Council of the Township of Orillia at their next regular meeting, August 6, 1981. Advised that a renewed letter of Credit in the amount of $75,445.00, to expire September 30, 1982, had been received from Norshell Developments in regard to Plan M-118 servicing, and that Mrs. E.L. Wood of the Bank of Montreal, Toronto Head Office, had informed the Deputy Clerk that the Quadrant Developments letter of Credit in the amount of $126,100.00 was automatically extended for a period of one year beyond August 9, 1981, however, an appropriate renewal letter would be forwarded by Courier prior to the current expiration date of the original letter of credit with respect to Plan M-157. On motion of Vousden and Johnson, that letter of credit from Norshell Developments be received and placed on file, Clerk to follow up with Bank of Montreal to obtain Quadrant Developments letter of credit renewal. . . . Pg. 203 EIGHTEENTH MEETING - AUGUST 4, 1981 Presented Lottery Report, Form MLR-1 with regard to Lottery License 292075, issued to Shanty Bay Mould Fuels Raffle. On motion of Davie and Vousden, that report as presented be received and placed on file. Presented letter from S.N.Keyes, Township Engineer to Quadrant Developments Engineers, Plan Mac Consultants Ltd., requesting an up-date of cost estimates required to finish servicing of Plan M-157. On motion of Davie and Halfacre, copy of letter be received and placed on file for reference. Terms of request to be complied with and reasonableness of estimates to be confirmed in writing by Township Engineer prior to any request for reduction of letter of credit by Quadrant Developments being entertained. Presented copy of letter from Township Solicitors to Solicitors for S.H. Jacobson, Lot 8, Plan 860, with regard to a request for a conveyance of Part of the unopened original Road Allowance between Lots 20 & 21, Concession 14, South of the Tresspass Road, advising that an up-to-date survey would be required prior to any action being taken, and that the Township is not prepared to assume such costs. On motion of Vousden and Davie, that letter be received and placed on file. Presented letter from G. Roehner with respect to relocating the garbage containers at Sugar Bush Developments and map indicating the new location. On motion of Davie and Vousden, that Council would have no objection to relocation of the garbage containers to the new location provided that the container, or cont- ainers will be such as to prevent Rodents and other wild animals from entering same. On motion of Davie and Johnson, that a letter be forwarded to the Ministry of Natural Resources expressing Council's appreciation for the presentation by Alex Smith and would further request that the Ministry assist the Township with respect to the number one problem for the deer, being dogs, as outlined in Mr. Smith's report. The Chief Building Official was present at 1:00 p.m. and presented his report for the Month of July as follows: There were 21 Building Permits and 2 Plumbing Permits issued with a breakdown as follows: 4 Residential dwellings at a value of 7 Accessory buildings at a value of 2 Renovations at a value of 3 Additions at a value of 2 Decks at a value of 2 Agricultural buildings at a value of 1 School addition at a value of 2 Renewals $166,750.00 43,700.00 8,500.00 23,400.00 2,659.00 24,00.00 250,900.00 $519,909.00 Value of permits for July 1980 Money received for Permits $792,540.00 $ 2,379.00 . . . Pg. 204 EIGHTEENTH MEETING - AUGUST 4 1 1 Presented letter from Minister, Ministry of Housing, Claude F. Bennett, with res- pect Ministry sponsored Training of Municipal Housing Inspectors, 1981 Study Session scheduled for September 1 & 2, 1981. On motion of Davie and Halfacre, that the Chief Building Official be authorized to attend the Ministry Sponsored Training of Municipal Housing Inspectors - 1981 Study Session scheduled for September 1 & 2, 1981. On motion of Vousden and Halfacre, that report of the Chief Building Official be re- ceived as presented. Mr. & Mrs. Robert Anderson were present at 1:15 p.m. as previously arranged in re- gard to a request for permission to construct a new dwelling on part of the east half of Lot 2, Concession 7, notwithstanding that a dwelling already exists on the property, the intention being to continue to use the existing dwelling while the new dwelling is being constructed, and that on occupancy of the new dwelling, the 'old' dwelling would then be demolished. On motion of Halfacre and Vousden, that subject to the execution of an affadavit and Agreement with respect to intent, that Council authorize the Chief Building Official and Planning Administrator to issue the necessary Building Permit. Authori- zation to remain valid only until October 31, 1982 or completion of the new dwelling, whichever is the lesser period of time. The Road Superintendent was present at 1:20 p.m. with respect to Road matters and to present his report for the Month of July. On motion of Vousden and Davie, that the report of the Road Superintendent for the month of July and Voucher 7 and 7A to cover same be accepted as satisfactory. Treasurer authorized to issue cheques in payment of accounts to a total of $203,780.65. Presented matters pertaining to Planning and Development as follows: -MMAF, Bill 85 and Bulletin regarding an Act to amend the Planning Act. -Copy of letter from Ainley & Associates to Mr. Lloyd Squire advising that Engineering support data is required to support the draft Official Plan Amendment in preparation. On motion of Davie and Halfacre, that correspondence as presented be placed on file. Presented 4 copies of Site Plan Agreement prepared by Livingston, Myers & Cockburn with regard to development of the proposed Time-Share Lodge facilities at Horseshoe Valley Resorts, and advised that the Planning Administrator has reviewed the text of the Agreement and found it satisfactory. On motion of Davie and Johnson, that copy of Horseshoe Valley Site Plan Agreement be received and copy of the Agreement along with By-Law Nos. 1218/80 and 1219/80 be presented to the Township Solicitor. Reeve and Clerk be authorized to sign the Agreement should the Township Solicitor feel satisfied with the Agreement as pre- pared. Advised that the Zoning schedules (Survey) for the Driftwood Campground were being prepared, and that to date, the Ministry of Environment have not indicated their receipt of the Engineering data requested from the Developer's Engineer pertaining to Water Supply. J ~ Pg. 205 EIGHTEENTH MEETING - AUGUST 4, 1981 . Advised that a reference plan of survey and comments from the Simcoe County District Health Unit have yet to be received from Mr. R. Hunt, owner of the "Sign of the Elk" property, Pt. Lot 21, Concession 6. Advised that Skelton, Brumwell & Associates have indicated they will furnish a Draft Zoning By-Law with regard to the proposed Holden-Quinlan re-zoning on part of Lots 1 & 2, Range 1, prior to August 13, 1981 for consideration by Planning Board. On motion of Vousden and Halfacre, that Planning and Development report as presented be found satisfactory. Presented copies of Ministry of Environment/Ministry of Agriculture and Food Certifi- cates of compliance C/B/7/81 - Beard, Lot 6, Concession 10 and C/B/12/81 - Greaves, Lot 29, Concession 1. On motion of Halfacre and Vousden, that Certificates as received be placed on file, copies forwarded to the attention of the Chief Building Official. Presented copy of a 'discussion paper on proposed Emergency Planning Legislation' forwarded by the Hon. R. McMurtry, Solicitor General, and advised that the Deputy Clerk has reviewed the draft legislation and would recommend that Council take no action with respect to preparation of a brief in response as the proposed legis- lation would appear to be adequate. . On motion of Vousden and Halfacre, that the discussion paper be received and placed on file for reference, with copies to each member of Council for review and comments. Committee Reports Deputy Reeve Davie gave a report on Barrie Airport Committee, advising that Barrie Council have formally requested Innisfil Township for rezoning of the Innisfil Site. Also advised that the Ora site is still open for consideration. Councillor Halfacre reported on matters at Ora Memorial Park with particular refer- ence to the Hitch House Picnic, the members of which carried out a ball game on the grounds which presented a problem in the crowds attending the Park on the Holiday weekend. Deputy Reeve Davie also brought to the attention of Council the matter of violation of the Liquour Act by some people attending the Park. On motion of Halfacre and Johnson, that the Park Committee make arrangements for all urgent repairs to the Washrooms at Ora Memorial Park. Presented accounts for consideration, which were on motion of Halfacre and Vousden, passed for payment as follows: Wages Office 4 weeks ending July 24/81 $ 9,716.83 Arena 4 weeks ending July 26/81 301. 43 Park 4 weeks ending July 24/81 832.62 . Council 4 weeks ending July 31/81 2,856.67 WDS 4 weeks ending July 24/81 1,539.94 I,.. . . . ...... Pg. 206 EIGHTEENTH MEETING - AUGUST 4, 1981 Prepaid Accounts Henry Neufeld - Petty Cash Ontario Hydro - St. Lights Conc. 14 Bank of Commerce - Payment of Loan Ontario Hydro - HPV 2nd Quarter Dianne McKenzie - Office Supplies HPV R. Fallon - HPV Grant for Park R. Leigh - HPV Trustee Remuneration D. McKenzie - HPV 2nd Quarter R. Fallon - HPV 2nd Quarter Sherry Shellswell - Office Cleaning Jim Shellswell - Bldg. Off. Expense (Insulation Course) $ 25.00 18.19 100,000.00 653.85 8.35 50.00 80.00 80.00 80.00 73.50 263.45 Fire Accounts 3,771.60 United Lumber - Oro Park Patrick Harrington - Sheep Killed Roy Campbell Plumbing - Oro Park Repairs Russell, Waite - OMB Hearings IBM - Tax Notices B & B Sport Tops - Hats for Wharf Masters Ontario Hydro - St. Lights Oro Agricultural Society - 1981 Grant Bradley's - 7883, Office Supplies Oro Septic Service - Oro Park Maint. Stan Vousden - Key's & Lock for WDS Ins. Courier Services - Courier Service Bob Holmes - Park 140.33 80.00 115.85 6,939.80 473.53 22.47 605.61 900.00 26.71 125.00 9.10 .80 15.60 Annis Way Signs - Signs, Docks & Camping Bell Canada - Park Charles Udell - Grass Cutting McKerlie-Millen - WDS Greer Flemming - Audit Fees McKerlie-Millen - Water Truck Ideal Supply - Water Truck 298.57 50.49 685.00 56.12 4,975.00 99.81 38.04 There being no further business at hand, it was: On motion of Johnson and Halfacre, that Council adjourn to meet again on Monday, August 17th, 1981 at 9:30 a.m. The meeting adjourned at 4:00 p.m. Reeve, R.S. Arbour - - e Council, Ladies & Gentlemen: Good Morning! I asked to be put on the agenda this morning to provide some information which I feel is of some significance, which information I collected entirely at my own expense in an effort to help me make a decision, as to whether or not to resign as Deputy-Reeve of the Township of Oro - as was suggested as a result of legal opinions subsequent to the meetings in March and April of this year. I'll be brief. Before I start, I would like to thank the media for their patience and indulgence and for the integrity they have displayed in the accuracy of the reporting of this issue. Also I'll start by saying that it is not in my character to demand anyone's resignation or to make any personal attacks, and that the information that I am putting forth is information sought by the ratepayers, the media, and myself and the presentation of it is merely in my view, good housekeeping. I would naturally have preferred (and so would my family) to have presented this sooner, but the final submission I sought was not sent to me until July 24th of this year. I have here an opinion, which I was encouraged to seek, from a man who has been described as the undisputed national authority on municipal law. Ian MacPhee Rogers has written countless texts and manuals and written opinions on municipal law in Canada. His new manual for Councillors is well known to municipal politicians and lawyers across this country. I sought his opinion as a prerequisite to dealing with the call for my resignation. He says this..... (please refer to letter attached). I have also a brief letter from Mr. Gordon Mitchener, Q.C., of Orillia, concurring completely with Mr. Rogers' point of view. (Please refer to letter appended hereto). I JOSEPH t t 8ARRISTERS 0 JOHN E. Dear Mr. I ac at a curred at -- . c. ,1 1 two -- 1. 30 was a new Reeve; e It 2 1 e 2. ) e c I 1 . c. 8, 1 81 e) vote i to (f I It not .. 5 t . c. 28 F t I I It e SOLiCITORS AND C. HEWSON BOURNE. Q.C, DONALD W. JENKiNS. D.C. GORDON MICHENER. B.Se.. LL.8. R. ALLAN FRENCH. B,COMM.. LL.B, OLD FIRE HALL N. - P. O. BOX TELEPHONE 27 PETER ORILLIA, ONTARIO AREA CODE 705 2 19 Dear Ian I concur :aa - 2 - I also have a letter from a Civil Servant employed by the Ministry of ~ Intergovernmental Affairs but because I do not have the permission of that employee to publish his letter, I would not release it to the press. But basically, the letter said that in their view there was a problem in the Township of Oro and that certainly the courts would be capable of deciding as to whether or not our infractions are in an illegal position with regards to the Municipal Act. In conclusion, I would like to say that I think I and perhaps others, were encouraged to do something wrong at the meeting at which the appointments were made. I think when Mr. McLean, the former Reeve, after resigning and in response to my suggestion that we take a recess, I think that when he said he wanted us to continue with the appointments because he had made plans to take the "new man" out to lunch and then on to County Council, I think that then he knew what he had planned and what was going to take place, and when it was going to take place, and where and so on. I have been asked to comment on my feelings about the Reeve's appointments ~ to the Hospital Board and also his appointing Mr. Vousden to the Nottawasaga Valley Conservation Authority and also appointing Mr. Vousden to the Lake-Simcoe Couchiching Task Force, but in line with my opening remarks, I have no comment. For I care not to hold grudges, also I feel that Councillor Johnson has performed admirably as a cheerful and honest and hardworking Councillor. I have some reservations about our collective effectiveness and performances and direction, but those types of comments too, I will withold. I hope not however, to be again criticized for keeping the ratepayers and Council informed, particularly at my own expense. The legal opinion on this issue authorized by Council, myself excluded at the time, cost the ratepayers $512.00 and was based on information given to the lawyer by Mr. Arbour and the Clerk. I will find out, but not now thank you, who paid the second legal opinion, not authorized by Council. Finally then, there is job to be done by this Council for this Township. There is a stop sign holdup in Oro Station, a pathway for kids to be built in Shanty Bay, ~ roadways to build and maintain. There are differences among ratepayers regarding the park and the Ridge Road and other issues, and for whatever reason we still haven't given Jimmy at the dump his 5~ per hour clothing allowance that we gave I . e - 3 - all our other outside employees back in January. So here I will remain. Please accept this report as a report - without a bill attached. Do with it as you will. I hope I have said nothing inflammatory. I feel to do with what the moment demands in the best interest of the ratepayers, demands a sense of personal committment that must come from within. Thank you for your indulgence. And I suppose, although she isn't here, I too shall thank my wife and our children for their indulgence. Thank you. STEBHEN C. DAVIE