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12 11 1989 COW Minutes 1'// THE CORPORATION OF THE TOWNSHIP OF ORO COMMITTEE OF THE WHOLE MEETING EPORT NO. 89-22, MONDAY, DECEMBER 11, 1989 @ 8:30 P.M.-COMMITTEE R Present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor David Burton Councillor Alastair Crawford Councillor Allan Johnson Also Present were: Mr. Fred Haughton, Mr. Dan Mansell, Mr. Paul Eenhoorn, Mr. Ron Kolbe, Mr. David White, Mr. and Mrs. Don Nixon, Mr. Marshall Green, Mr. Dennis Tuck. Reeve Robert E. Drury chaired the meeting. 1. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST: None declared. 2. DEPUTATIONS: (a) 8:35 p.m Mr. Dan Mansell of the Ministry of Natural Resources was present to review Council's concerns with regards to a Ministry of Natural Resources Employee. (This portion of the meeting was held In-Camera). (b) 9:04 p.m. Mr. Paul Eenhoorn, Fire Chief, and Mr. Ron Kolbe, Chief Building Official, were present to review with the Committee, the deficiencies found in the Oro Community Centre Arena. (This portion of the meeting was held In-Camera). (c) 9:41 p.m. Mr. and Mrs. Don Nixon were present to discuss the status of the Road Allowance between Concessions 1 and 2, South of the Ridge Road to the Lake; with the Commit (This portion of the meeting was held In Camera) . (d) 10:05 p.m. Mr. Dennis Tuck, President of Muskoka Homes and Mr. Marshall Green, Solicitor, were present to discuss the status of the subdivision located on Part of Lot 20, Concession 5, and the related legal problem concerning the status of the Park located adjacent to this proposed subdivision. (This portion of the meeting was held In-Camera). 3. FINANCE, ADMINISTRATION AND FIRE: The following correspondence and items for discussion were presented: (a) Michael W. Shain, Township Solicitor, re: Oro Beach Ratepayers Association vs. Oro Township; (b) Barrie Public Library re: 1990 Contract for Library Services; (c) Northwest Oro Ratepayers Association re: Reeve Druryls attendance at their meeting: (d) County of Simcoe, E. Letourneau, Treasurer re: 1989 Levy; (e) AMO re: 1990 Transfer Payments; - 2 - 3. FINANCE, ADMINISTRATION AND FIRE: (contld) (f) W. Leslie, Township Solicitor re: Confidential Correspondence re: Township of Oro vs. Oro Beach Ratepayers Association: (g) Winfull Properties Inc. re: Confidential Correspondence, Development Agreement; (h) David S. White, Township Solicitor re: Confidential Correspondence re: A. Brown Road Closing: (i) Dr. Donald Nixon re: Request to appear before Council re: Road Allowance between Concession 1 & 2; (j) Mr. Shain, Township Solicitor re: Confidential Correspondence to Mr. Bosker, re: Building Violation; (k) Dennis Tuck, Muskoka Homes re: request to appear before Council; (1) Scott Elliott, Sarjeant Co. re: Confidential Report re: Pit Operators Proposal, 7th Line Reconstruction; (m) L. K. Higgins, Ontario Hydro, Confidential Correspondence re: Agreement of Purchase and Sale; (n) Paul Eenhoorn, Fire Chief, Report re: Fire Protection Agreement: (0) Paul Eenhoorn, Fire Corlett re: damages (p) Paul Eenhoorn, Fire Chief, Confidential Report re: John November 28, 1989; Chief, re: Monthly Report (October). 4. PUBLIC WORKS: The following correspondence and items for discussion were presented: (a) R. G. Robinson and Associates Limited re: Report #7, Harbourwood Subdivision: (b) Ministry of Natural Resources re: 9th Line Boat Launching Ramp: (c) R. G. Robinson and Associates Limited re: Correspondence to Knox, Martin, Kretch and David White, Township Solicitor re: Horseshoe Highlands Elevated Tank and Water System; (d) R. G. Robinson and Associates Limited re: Confidential Correspondence, Windfield Estates Subdivision-Phase II; (e) R. G. Robinson and Associates Limited re: Confidential Correspondence re: Windfield Estates Subdivision-Phase II, (Strudwick Account); (f) R. G. Robinson and Associates Limited re: Report #5 & 6, Bayfarm Subdivision; (g) November 30, 1989, Statement Expenditure and Subsidy Report, Roads Department. 5. PLANNING AND DEVELOPMENT: The following correspondence and items for discussion were presented: (a) Ministry of Municipal Affairs re: Correspondence to Mr. & Mrs. Fred Arff and Ms. Kathy Heal, re: O.P. Amendment #40; (b) Ministry of Transportation re: Proposed O.P. and Zoning By-Law Amendment, Lots 16, Concession 14; (c) Knox, Martin, Kretch Limited re: Correspondence to Simcoe County and S.C.D.H.U., re: Horseshoe Highlands Subdivision, Phase II; (d) S.C.B.E. re: By-Law 89-99 (Douglas); (e) R. G. Robinson and Associates Limited re: Confidential Correspondence to F. J. Reinders concerning MSL, Stormwater Management Report; - 3 - 5. PLANNING AND DEVELOPMENT: contld (f) Ministry of Municipal Affairs re: Summary of Central Ontario Planners Conference '89; (g) Ministry of Natural Resources re: Planning for Flood Emergencies; (h) R. G. Robinson and Associates Limited re: Confidential Correspondence re: Georgian Drive Secondary Plan; (i) Jorden & Jones re: Confidential Correspondence re: Development Application P-35/89, (Levy) Part Lot 1, Concession 1: (j) Beverly Nicolson, Township Planner, Report re: Win full Properties. 6. COMMUNITY SERVICES: The following correspondence and items for discussion were presented: (a) Ian S. Malcolm, Architect re: Oro Arena Community Centre; (b) Robert W. Small, Administrator/Clerk re: Confidential Report, Hiring of a Parks and Recreation Supervisor: (c) Confidential Memo from Fred Haughton, P.S.A. to R. Small, Administrator/Clerk re: Overtime for Arena Staff. I MOTION NO.1 Moved by Johnson, seconded by Burton It is recommended that we do now go In-Camera @ 8:35 p.m. with Mr. Dan Mansell present. Carried. MOTION NO.2 Moved by Burton, seconded by Crawford It is recommended that we do now Rise and Report I from In-Camera @ 9:00 p.m. I Carried. MOTION NO.3 Moved by Caldwell, seconded by Johnson I I II ,I t II II I I I I I I r i I I I I I It is recommended that we do now go In-Camera @ 9:04 p.m. with Paul Eenhoorn, Ron Kolbe and David White present. Carried. MOTION NO.4 Moved by Crawford, seconded by Burton It is recommended that we do now Rise and Report from In-Camera @ 9:40 p.m. Carried. MOTION NO.5 Moved by Johnson, seconded by Caldwell It is recommended that we do now go In-Camera @ 9:41 p.m. with Mr. and Mrs. Don Nixon and David White present. Carried. - 4 - MOTION NO.6 Moved by Burton, seconded by Crawford It is recommended that we do now Rise and Report from In-Camera @ 10:00 p.m. MOTION NO.7 Moved by Johnson, seconded by Burton It is recommended that we do now go In-Camera @ 10:05 p.m. with Marshall Green, Dennis Tuck, and David White present. MOTION NO.8 Moved by Caldwell, seconded by Johnson It is recommended that we do now Rise and Report from In-Camera @ 11:12 p.m. MOTION NO.9 Moved by Burton, seconded by Crawford It is recommended that we suspend Section 21 (d) of By-Law 89-36 to allow the meeting to proceed past the 11:00 p.m. Adjournment hour. MOTION NO. 10 Moved by Caldwell, seconded by Johnson It is recommended that the Correspondence from Ian S. Malcolm, concerning the Oro Community Centre, be received and further the list of deficiencies compiled by Fire Chief Paul Eenhoorn and Chief Building Official Ron Kolbe, be forwarded to the Architect and Contractor and further both the Contractor and Architect be invited to a Committee of the Whole Meeting during January 1990 to review the list of deficiencies. MOTION NO. 11 Moved by Caldwell, seconded by Johnson It is recommended that Council of the Corporation of the Township of Oro direct the Administrator/ Clerk to advise Dr. Donald R. Nixon that the Road Allowance between Concession 1 and 2, South of the Ridge Road to the Lake is not For Sale at this time. I II Carried. Carried. Carried. Carried. Carried. Carried. - 5 - MOTION NO. 12 Moved by Johnson, seconded by Caldwell It is recommended that the Correspondence from the Barrie Public Library with regards to the 1990 Contract for Library Services between the Barrie Public Library and the Corporation of the Township of Oro be received and further that the Reeve and the appropriate Township Official be authorized to sign the Library Services Agreement with the City of Barrie in the amount of $45,527.00 for the year 1990. MOTION NO. 13 Moved by Burton, seconded by Crawford It is recommended that the Correspondence from the Association of Municipalities concerning the 1990 Transfer Payments for the Province of Ontario to Municipalities, be received and further the Treasurer and Administrator/Clerk prepare a I press release to be issued by the Reeve at the start of the Regular Meeting of Council to be held Monday, December 18, 1989. MOTION NO. 14 Moved by Crawford, seconded by Burton It is recommended that the Correspondence from William J. Leslie, Township Solicitor, with regards to the Township of Oro vs. the Oro Ratepayers Association, with regards to their I Application for Injunction--Boat Ramp/9th Concession, be received and further the Administrator/Clerk be instructed to advise the Solicitor that the municipality at this point in time has no other choice but to accept the settlement agreed upon between Mr. Leslie and Councillor Crawford, further, Recommendation No. 14 from the Committee of the Whole Meeting held Tuesday, November 14, 1989, which read as follows: Moved by Johnson, seconded by Caldwell It is recommended that the Confidential Correspondence from Michael W. Shain, with regards to the Township of Oro and the Oro Beach Ratepayers Association be received and further the Administrator/Clerk is to direct the Township Solicitor to proceed with litigation that would result in the municipality recovering all costs incurred with regards to the Oro Beach Ratepayers Association's initiation of legal action. Be rescinded. [I II II Ii II II II II Carried. Carried. Carried. - 6 - MOTION NO. 15 Moved by Burton, seconded by Crawford It is recommended that Recommendation No. 14 be tabled until the Municipality has received a complete breakdown of the costs for the 9th Line Boat Launching Facility. Carried. MOTION NO. 16 Moved by Johnson, seconded by Caldwell It is recommended that the Confidential Correspondence from Winfull Properties Incorporated with regards to the Winfull Properties Incorporated Development Agreement, be received and further the Administrator/ Clerk is to advise the Secretary/Treasurer of the Committee of Adjustment that the municipality will support the inclusion of application for severance at the Committee of Adjustment Meeting to be held December 12, 1989. Carried. MOTION NO. 17 Moved by Crawford, seconded by Burton It is recommended that the Confidential Correspondence from David S. White, with regards to Arch Brown Road Closing/Georgina Drive, be received and further the Administrator/Clerk is to advise the Township Solicitor that the Corporation of the Township of Oro is in agreement with a copy of a Survey for the closing of a portion of Georgina Drive, included in the correspondence from Mr. White, dated December 4th, 1989, and further the Lot Frontage meet the Township requirements. Carried. MOTION NO. 18 Moved by Caldwell, seconded by Johnson It is recommended that the Confidential Correspondence from the Sarjeant Company Limited, concerning a proposal for the reconstruction of the 7th Line, be received and further the Administrator/Clerk advise Mr. Scott Elliott of the Sarjeant Company Limited that Council of the Corporation of the Township of Oro would like to meet with representatives of the Pit Operators to discuss their proposal, on the following date: December 19th, 1989 @ 8:00 p.m. Carried. MOTION NO. 19 Moved by Burton, seconded by Crawford It is recommended that the Confidential Correspondence from Ontario Hydro with regards to an Agreement of Purchase and Sale for Part of Lot 1, Concession 5, be received and signed back at a figure agreed upon at an In-Camera session held on this date, following receipt of the appropriate deeds for this property and providing the Township Solicitor has reviewed and approved the said Agreement of Purchase and Sale. Carried. - 7 - MOTION NO. 20 Moved by Burton, seconded by Crawford It is recommended that the Report from Fire Chief Paul Eenhoorn, with regards to Fire Protection Agreement between the Corporation of the Township of Oro and the Corporation of the Township of Orillia, be received. MOTION NO. 21 Moved by Crawford, seconded by Johnson It is recommended that the Confidential Report from Paul Eenhoorn, with regards to an incident at the Hawkestone Fire Hall on November 28, 1989, be received. MOTION NO. 22 Moved by Burton, seconded by Crawford It is recommended that the Report from Fire Chief Paul Eenhoorn, concerning his Monthly Activities for the month of October 1989, be received. MOTION NO. 23 Moved by Crawford, seconded by Burton It is recommended that the Confidential Correspondence from R. G. Robinson and Associates Limited, with regards to Windfield Estates Subdivision, Phase II, be received and further the Treasurer be authorized to pay the amount of $3,134.83 to Mr. Bill Strudwick Construction Limited, and further that this amount be deducted from the Windfield Estates Letter of Credit. MOTION NO. 24 Moved by Caldwell, seconded by Johnson It is recommended that the Correspondence from Mr. A. M. Lees, of R. G. Robinson and Associates Limited, with regards to Windfield Estates Subdivision, Phase II, and the request of the Township to issue the Certificate of Substantial Completion for Phase II of the Subdivision, not be granted until the Developer lives up to his commitment to construct seven homes in Phase II. MOTION NO. 25 Moved by Crawford, seconded by Burton It is recommended that the Correspondence from the Simcoe County Board of Education with regards to By-Law No. 89-99 (Douglas), be received. MOTION NO. 26 Moved by Johnson, seconded by Caldwell It is recommended that the Correspondence from the Ministry of Natural Resources, concerning Planning for Flood Emergencies, be referred to the Fire Chief Paul Eenhoorn and Public Services Administrator Fred Haughton. Carried. Carried. Carried. Carried. Carried. Carried. Carried. - 8 - MOTION NO. 27 Moved by Burton, seconded by Cra#ford It is recommended that the Confidential Correspondence from R. G. Robinson of R. G. Robinson and Associates Limited with regards to the City of Barrie Georgian Drive Secondary Plan, be received and further the Administrator/Clerk is hereby requested to have the Township Engineer appear before a future Committee of the Whole Meeting to review these terms of reference and the effect on the Corporation of the Township of Oro. MOTION NO. 28 Moved by Caldwell, seconded by Johnson It is recommended that the Correspondence from Jorden and Jones with respect to Development Application P-35/89 (Levy), be received and acknowledged. MOTION NO. 29 Moved by Johnson, seconded by Caldwell It is recommended that the Report from Beverly Nicolson, Township Planner, with regards to Winfull Developments property, be received and further the Township's Planning Consultant Mr. Ron Watkin, Township's Administrator/Clerk and Township Planner, meet with the Developer to consider a connecting road within the plan. MOTION NO. 30 Moved by Johnson, seconded by Caldwell It is recommended that the Report from Robert W. Small, Administrator/Clerk, with regards to the hiring of a Parks and Recreation Supervisor, be received and adopted. MOTION NO. 31 Moved by Crawford, seconded by Burton It is recommended that the Confidential Memo from Fred Haughton, Public Services Administrator to Robert Small, Administrator/Clerk, with regards to the overtime worked by the Arena Staff be received and adopted and the Staff be granted time off in-lieu, at non peak times, as approved by the Administrator/ Clerk and new Parks and Recreation Supervisor. Carried. Carried. Carried. Carried. Carried. . - 9 - MOTION NO. 32 Moved by Burton, seconded by Crawford It is recommended that the following correspondence be received and filed: 3. (a) (c) (h) (i) ( j ) ( k) 4. (a) (b) (c) (f) (g) 5. (a) (b) (c) (e) (f) Michael W. Shain, Township Solicitor, re: Oro Beach Ratepayers Association vs. Oro Township; Northwest Oro Ratepayers Association re: Reeve Drury's attendance at their meeting; David S. White, Township Solicitor re: Confidential Correspondence re: A. Brown Road Closing; Dr. Donald Nixon re: Request to appear before Council re: Road Allowance between Concession 1 & 2; Mr. Shain, Township Solicitor re: Confidential Correspondence to Mr. Bosker, re: Building Violation; Dennis Tuck, Muskoka Homes re: request to appear before Council; R. G. Robinson and Associates Limited re: Report #7, Harbourwood Subdivision; Ministry of Natural Resources re: 9th Line Boat Launching Ramp; . R. G. Robinson and Associates Limited re: Correspondence to Knox, Martin, Kretch and David White, Township Solicitor re: Horseshoe Highlands Elevated Tank and Water System; R. G. Robinson and Associates Limited, re: Report #5 & 6, Bayfarm Subdivision; November 30, 1989, Statement Expenditure and Subsidy Report, Roads Department; Ministry of Municipal Affairs re: Correspondence to Mr. and Mrs. Fred Arff and Ms. Kathy Heal, re: O.P. Amendment No. 40 ; Ministry of Transportation re: Proposed O.P. and Zoning By-Law Amendment, Lots 16, Concession 14; Knox, Martin, Kretch Limited re: Correspondence to Simcoe County and S.C.D.H.U., re: Horseshoe Highlands Subdivision, Phase II; R. G. Robinson and Associates re: Confidential Correspondence to F. J Reinders concerning MSL, Stormwater Management Report; Ministry of Municipal Affairs re: Summary of Central Ontario Planners Conference '89. Carried. MOTION NO. 33 Moved by Caldwell, seconded by Johnson It is recommended that the Administration Office be closed on Friday, December 22, 1989, @ 12:00 noon, Monday, December 25, 1989, Tuesday, December 26, 1989, Friday, December 29 @ 12:00 noon, and Monday, January 1, 1989, for the Holiday Season and further the closing be advertised in the Barrie and Orillia Newspaper. Carried. . - 10 - MOTION NO. 34 Moved by Caldwell, seconded by Johnson It is recommended that the Corporation of the Township of Oro, without predjudice, will undertake having an appraisal done on the Parkland, Part of Lot 20, Concession 5, Township of Oro, upon receiving a written undertaking from Solicitor, M. Green's Client to pay for the appraisal. Carried. MOTION NO. 35 Moved by Caldwell, seconded by Johnson It is recommended that the Administrator/Clerk take steps to have the Township Letterhead Copy Written. Carried. MOTION NO. 36 Moved by Burton, seconded by Johnson It is recommended that we do now adjourn @ 1:00 a.m. Carried. ~=~ . r: Roove R bert E. D