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10 16 1989 Council Minutes , THE CORPORATION OF THE TOWNSHIP OF ORO . MONDAY, OCTOBER 16, 1989 @ 7:00 P.M. - COUNCIL CHAMBERS FIFTY-SEVENTH MEETING 1988-199l COUNCIL Council met this evening pursuant to adjournment at 7:00 P.M. with the following members present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor Alastair Crawford Councillor Allan Johnson Absent: Councillor David Burton Also present were: Mr. Murray Angus, Mr. Nelson Robertson Mr. Fleming Robertson, Mr. Murray Irwin, Mr. Ross Bertram, Mr. Ron Kolbe, Ms. Beverly Nicolson and Two Members of the Press. Reeve Robert E. Drury chaired the meeting Reeve Robert E. Drury opened the meeting with a prayer. I. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST: Deputy Reeve David Caldwell declared a Conflict of Interest pertaining to item 6 (a) on the Agenda, a deputation with regards to applications for assessment reductions under Sections 495 and 496 of the Municipal Act; The nature of the Deputy Reeves Conflict is that an application under Section 495 of the Municipal Act pertained to a business which he owns. Deputy Reeve Caldwell left his chair, did not discuss or vote on the resolution pertaining to this deputation. 2. CONSENT AGENDA: (a) R. G. Robinson and Associates re: Inspectors Reports for Winfield Drive #1, Harbourwood Phase III, #6, Bayfarm, #2, Sugarbush Phase III, #4, 5 and 6, Horseshoe Highlands #69; (b) ICG re: Application to Vary Certificate of Public Convenience and Necessity, Ontario Energy Board: (c) ICG re: Inter City Gas - Proposed change in Control of ICG Utilities Ltd.; (d) L.C.B.O. re: Caribou Inn; (e) Ontario Paving Construction Ltd. re: 7th Line Reconstruction; (f) Horseshoe Valley Development Corp re: Schedule for Development (g) George Burnham Letter to R. G. Robinson re: Sugarbush Water Supply System; (h) M.T.O. Expenditure and Subsidy Report for the Month of September 1989. 3. DEPUTATIONS: (a) 7:30 p.m. Reeve Robert E. Drury asked those present if they had any questions concerning the applications for proposed tax adjustments under sections 495 and 496 of the Municipal Act. There were no questions from those present. (b) 8:20 p.m. Ms. Beverly Nicolson, Township Planner, and Mr. Ron Kolbe, Chief Building Official were present to discuss a legal matter involving a building infraction. (This portion of the meeting was held in Committee of the Whole.) II - 2 - 4. REPORTS OF MUNICIPAL OFFICERS: None. 5. COMMUNICATIONS: (a) Ministry of Municipal Affairs re: Proposed Amendments #15 and 6 for the Elmvale-Flos Planning Area; (b) Horseshoe Valley Development Corporation re: Confidential Correspnndence concerning Park Dedication; (c) Orillia and District Chamber of Commerce re: Appointment to Board of Directors; (d) Ministry of Citizenship re: Volunteer Awards; (e) Frank Cowan Company Limited re: Replacement Cost Coverage for Township Fire Vehicles: (f) Continental Homes re: Entrance Gates, Bayfarm Site, Part Lot 24, Concession 7; (g) Memo from Beverly Nicolson, Township Planner re: Bayfarm Site (h) Winfull Properties Inc. re: Confidential Correspondence concerning Oro Township Development Agreement; (i) Ron Watkin, Ainley and Associates re: Bessie Amendment (j) R. G. Robinson and Associates Ltd. re: Horseshoe Highlands- Phase I and II Letter of Credit (k) Oro Minor Hockey Association re: request for additional Ice Time. 6. NEW BUSINESS: (a) Councillor Alastair Crawford commented on the two petitions received, concerning the proposed Boat Launching Facility at the bottom of the Ninth Line, indicating that the shorel was very stoney and therefore not a good location for passive parkland. NOTE: (a) Council recessed @ 8:00 p.m. and reconveened @ 8:16 p.m. (b) Reeve Robert E. Drury left the meeting @ 8:00 p.m. and the chair was assumed by Deputy Reeve David Caldwell. MOTION NO. 1 Moved by Crawford, seconded by Johnson Be it resolved that the minutes of the Regular Meeting of Council held on Monday, October 2, 1989, be adopted as printed and circulated. Carried. MOTION NO. 2 Moved by Crawford, seconded by Caldwell Be it resolved that the minutes of the Special Public Meeting of Council held on Tuesday, October lO, 1989, (Robertson) be adopted as printed and circulated. Carried. MOTION NO. 3 Moved by Caldwell, seconded by Johnson Be it resolved that the accounts presented for the period ending Monday, October l6, 1989, in the amount of $l22,213.70, plus payroll for the period ending October 5th, 1989, in the amount of $24,305.23, in accordance with the computer print-out presented to Council, be approved for payment. Carried. - 3 - MOTION NO. 4 Moved by Caldwell, seconded by Crawford Be it resolved that the Road Expenditures for the period ending Monday, October 16th, 1989, be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $l22,542.74. Carried. MOTION NO. 5 Moved by Johnson, seconded by Caldwell Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. MOTION NO. 6 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from the Ministry of Municipal Affairs concerning Proposed Amendments #15 and #l6 to the Official Plan for Elmvale and Flos Planning Area, be referred to the Administrator/Clerk and Township's Planning Consultant and Planner for a response. Carried. MOTION NO. 7 Moved by Caldwell, seconded by Johnson Be it resolved that the Confidential Correspondence from Horseshoe Valley Development Corporation concerning the deeding of Parkland and a proposed site for Fire Hall and Hydro distribution station, be received and referred to the Township's Planning Consultant and Administrator/ Clerk for a review and a report back to Council. Carried. MOTION NO. 8 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from the Orillia and District Chamber of Commerce concerning an appointment of one member of Council to the Board of Directors of the Orillia and District Chamber of Commerce, be received and further the Administrator/Clerk is to advise the Orillia and District Chamber of Commerce that the following member of Council is hereby appointed to the Orillia and District Chamber of Commerce Board of Directors: Councillor Allan Johnson Carried. MOTION NO. 9 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from Frank Cowan Company Limited with regards to Replacement Cost Coverages for Fire Department Vehicles, be received and further the Administrator/Clerk is hereby to advise Frank Cowan Company Limited to increase the value of the Fire Department Vehicles in order to provide full replacement cost coverage. Carried. - 4 - MOTION NO. 10 Moved by Johnson, seconded by Caldwell Be it resolved that the correspondence from Continental Homes with regards to Entrance Gates for the Bayfarm Site, Part of Lot 24, Concession 7, Plan M-343, be received along with the memo from Beverly Nicolson, Township Planner, and further the Administrator/Clerk is to indicate the Municipality has no objection to the construction of decorative gates if it is not on Township owned lands. Carried. MOTION NO. 11 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from R. B. Watkin of Ainley and Associates with regards to the Besse Amendments, be received and the proposed modification to Official Plan Amendmen~ No. 36, be adopted. Carried. MOTION NO. 12 Moved by Caldwell, seconded by Crawford Be it resolved that the Administrator/Clerk is to correspond with the Ministry of Municipal Affairs requesting the Minister to Modify Official Plan Amendment No. 36 in accordance with the following proposed modification: "(2) Section 5.13 Country Residential is hereby amended by adding a new clause to Section 5.13.1 following clause (VIII) to read as follows: (VIllI) In those lands designated as Counby Residential in the eastern Part of Lot 15, Concession 2, development shall be restricted to a maximum of three Residential Units which includes the existing dwelling. No further development of these lands may occur except by registered Plan of Subdivision in conjunction with the necessary supporting technical reports. In the interim, the lands which require that a registered Plan of Subdivision be approved with supporting documentation shall be zoned in a Holding Zone". And further, the Council of the Corporation of the Township of Oro having reviewed the above noted proposed modification and believes it simply clarifies the amendment and further does not see a need for a further Public Meeting. And hereby requests the Minister to consider the above noted modification to Official Plan Amendment No. 36. Carried. MOTION NO. 13 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from R. G. Robinson and Associates concerning re: Horseshoe Highlands Phase I and II request for a reduction in the Letter of Credit be received and further the Letter of Credit be reduced to the following amounts: Phase I Total Security to Be Retained and Total Security to Be Retained $376,650.00 Phase II $298,900.00 Carried. - 5 - NOTE: Deputy Reeve David Caldwell declared a Conflict of Interest concerning Resolution No. 14, left the chair and did not vote or discuss the following resolution. MOTION NO. 14 Moved by Johnson, seconded by Crawford Be it resolved that the following applications under Section 495 and 496 of the Municipal Act, R.S.O. 1988, as amended, presented to Council; and recommended by the Assessors of Simcoe County Assessment Office (Region No. 16) for assessment reduction be accepted, and further the appropriate tax adjustments be applied. Carried. Section 496 1. Producom Holdings Inc. S pt lot 18, Concession 1. Since tenant 1-02800 ceased to carryon business at this location, it is recommended that taxes the owner be cancelled on a reversion of rates from Commercial Public to Residential Public based on the occupant assessment of $55,000. from Janury 1, 1989 to December 31, 1989. 2. Producom Holdings Inc. S pt lot 18, Concession 1. Since the occupant ceased to carryon business at this addresss as of December, 1988, business taxes on the business public assesment of $16,500. are to be cancelled from January 1, 1989 to December 31, 1989. 3. Beverley J. Plummer, Part lot 12, Concession 2. Since the buildings on this property were demolished in April by fire, and is therefore entitled to a cancellation of building taxes from May 1, 1989 to December 31, 1989. Taxes to be cancelled based on the residential public assessment of $18,000. 4. Donald and Fredda May Stevenson, lot 23, Plan 1098. Since the house and garage on this property was demolished as of December 31, 1988, and is therefore entitled to a cancellation of building taxes from January 1, 1989 to December 31, 1989. Taxes to be cancelled based on the residential public assessemnt of $37,800. 5. William John and Isabelle Fawcett, W pt lot 17, Concession 9. Since the on this property was demolished April 29, 1989, and is therefore entitled to a cancellation of building taxes, from May 1, 1989 to December 31, 1989. Taxes to be cancelled based on the residential public assessment of $10,000. 6. Mary Elizabeth Muir, Pt 13, 14, Concession 2. Since the occupant ceased to carryon business at this address as of December, 1988, business taxes based on the business public assessment of $190,800. are to be cancelled from January 1, 1989 to December 31, 1989. 7. Greg Barrett Muir and Mary Muir, S pt lot 18, Concession 3. Since this occupant ceased to carryon business at this address as of December, 1988, business taxes on the business public assessment of $69,600 are to be cancelled from January 1, 1989 to December 31, 1989. 8. Greg Barrett Muir Estate and Mary Muir, Pt. lot 18, 19, Concession 3. Since the occupant ceased to carryon business at this address as of December, 1988, business taxes based on the business public assessment of $22,380, are to be cancel1ed from January 1, 1989 to December, 31, 1989. 9. J.W.Nixon Insurance Limited, Plan 1284 pt lot 1, B1k.2. Since the occupant ceased to carryon business at this address as of December 31, 1988, business taxes based on the business public assessemnt of $8,410 are to be cancelled from January 1, 1989 to December 31, 1989. 10. 344741 Ontario Ltd., c/o Gibson Aluminum & Vinyl, Lot 2, Plan 1195 Since the above occupant ceased to carryon business at this address as of May 11, business taxes on the business public assessment of $34,800 are to be cancelled from May 12, 1989 to December 31, 1989. 11. James F. and Gail C. Winter, S pt lot 20, Concession 8. Since the occupant ceased to carryon business at this address as of September, 1988, business taxes on the business public assessment of $41,400 are to be cancelled from January 1, 1989 to December 31, 1989. - 6 - 1. Richard and Lorraine Bobbette, N pt lot 11, Concession 5. Since the occupant ceased to carryon business at this address as of February 28, 1989, business taxes based on the business public assessment of $13,200, are to be cancelled from March 1, 1989 to December 31, 1989. 1. Whippet Oro Developments Limited, E pt lot A, Concession 2. Since the buildings on this property were demolished in February, 1989, and is therefore entitled to a cancellation of building taxes from March 1, 1989 to December 31, 1989, taxes to be cancelled based on the residential public and commercial assessment of $275,000. 1 Ken Wong, Pt lot A, Concession 2. Since the occupant ceased to carryon business at this location as of Febraury, 1989, business taxes based on the business public assessment of $35,460, are to be cancelled from March 1, 1989 to December 31, 1989. Oro Township, Pt lot 16, 17, Concession 14. Since this property was assessed partly as taxable due to our records showing Ronald Shaw, as farming part of the land, and this was in error it is therefore recommended that residential public assessment of $22,950 be written off for 1989. Montford Abs, Part lot 1, Concession 1, Since this occuapnt ceased to carry on business at this address as of December, 1988, business taxes on the business public assessment of $28,500 are to be cancelled from January 1, to December 31, 1989. Gordon Hockley, lot 1, Plan 1156, Since the occupant ceased to carryon business at this address as of March 31, 1989, business taxes based on the business public assessment of $13,800. are to be cancelled from April 1 to December 31, 1989. Pam-Reg Holdings Limited, Lot 1 Plan M295. Since this property was sold to the Township of Oro by deed in 1987, the asses sment1Should be shown as exempt from January 1, 1989 to December 31, 1989. Txes to be written off based on the residential assessment of $22,500. Pam-Reg Holdings Limited, Lot 1 Plan M295. Since this property was sold to the Townshiup of Oro by deed in 1987, the assessment should be shown as exempt from January 1 1988, to December 31, 1988, based on the assessment of $917. 19 Kaycee Enterprises, Pt lot 20, Concession 3. Since tenant 7-32900 0001, ceased to carry on business at this location, it is recommended that taxes to the owner be cancelled on a reversion of rates from commercial public to residential public based on the occupant assessment of $2202. from January 1, 1988 to December 31, 1988. 20 683384 Ontario Limited, Pt. lot 20, Concession 3. Since the occupant ceased to carry on business at this address as of October, 1987, business taxes on the business public assessment of $660. are to be cancelled from January 1, 1988 to December 31, 1988. 21 Deborah Lynn and John Alle, Pt lot 25, Concession 7. Since the residence on this property was demolished March 11, 1989, and is therefore entitled to a cancellation of building taxes, from April 1, 1989 to December 31, 1989. Taxes tobe cancelled based on the public assessment of $21,000. 21 Sharon Cook, Pt. 14, 15, Plan 819. Since the buildings on this property were demolished in 1988, it is therefore entitled to,'a cancellation of building taxes from January 1, 1989, to December 31, 1989. 1989 taxes to be cancelled based on the residential public assessment of $7,000. 22 Gisela Koch, lots 1 and 2, Plan 626. Since the building on this property was demolished in September, 1988, it is therefore entitled to a cancellation of building taxes from January 1, to December 31, 1989. Taxes to be cancelled based on the residential public assessment of $17,800. 23 Murray and Raemonda Irwin, Blk. Z, Plan 808. Since the attached garage on this property was assessed twice, therefore a tax write off based on the residential public assessment of $9,000. is requeste from January 1, 1989 to December 31, 1989. 24 Ronald and Edith Cuthbert, lot 89, Plan 589. Since the cottage on this property was demolished prior to December, 1988, it is therefore entitled to a cancellation of building taxes from January 1, 1989 to December 31, 1989. Taxes to be cancelled based on the residential public assesssment of $9,500. , 7 - 25 Willaim and Carole Ayerst, lot 6. Plan 627. Since the ahed on this property was demolished before Janaury, 1989, it is therefore entitled to a cancellation of building taxes, from January 1, 1989 to December 31, 1989. Taxes to be cancelled based on the residential public assessment of $2,000. 26 Edward and Cail Leeman, lot 57, Plan 967. Since was demolished in 1988, it is therefore entitled taxes from Jan~ry 1, 189 to December 31, 1989. on the relidential public assessment of $8,000. the boat hosue on this property to a cancellation of building Taxea to be cancelled based 27 Big Cedar (Oro) Residents Association, pt lot 5, 6, Concession 13. Since the residence occupied by David and Donna Fenton, assessed as tenant 1328, waa over assessed by realon of square foot calculation, it is recommended that taxes be written off based on the a.lessment of $4,000. from January 1,1989 to December 31, 1989. 28. Randy Robert leard, N pt lot 11, Concession 4. Since the the occupant cealed on carry on business at this addre'l al of July 31, 1989, Busines. taxes on the business public assessment of $2850. are to be cancelled from August 1, 1989 to December 31, 1989. 29. Staring Enterprises Limited, Part lot 14, Concession 2. Since the occupant ceased to carry on business at this address as of December 31, 1989, Business taxes on the bu.ine.. public assessment of $3060. are to be cancelled from Janaury 1 to December 31, 1989. Sec 495(1) David and Kimberly Viney, charged garbage collection on vacant land. Write off garbage of $43.00 plu. penalty of $1.08. Katherine Duchnaj, charged garbage on vacant land, write off $40.63 plus penalty of $1.02. Alvin Robinson, Assessment roll showed a tenant in house in error. Write off $40.63 plus peanlty of $1.02. Cregory Price, Garbage charged on vacant lant, write off $40.63 plus penalty of $1.02. David Caldwell, Twice a week garbage was added to the roll. The contractor has not been picking it up and wishes a rebate from October 3, 1989 to December 31, 1989 on the tvice weekly pick up to once week commercial pick-up. Barrie Speedway, write off charges of $638.21 from Credit Bureau Collections Ltd. Carl Robicheau, uncollectable business taxes for 1988 of $143.22 plus penalty of $28.66. MOTION NO. 15 Moved by Crawford, seconded by Johnson Be it resolved that the minutes of the Oro Community Centres Parks and Recreation Committee Meeting held on Thursday, Octo~er 5, 1989, be adopted as printed and circulated. Except for the omission of Councillor Crawford's name from those present and also the absence of Councillor Johnson. Carried. MOTION NO. 16 Moved by Caldwell, seconded by Johnson Be it resolved that Report 89-18 of the Committee of the Whole Meeting held on Tuesday, October 10, 1989, and the recommendations contained therein, with the exception of Recommendation No. 16, be adopted as printed and circulated and further Recommendation No. 16 be reconsidered at this Council Meeting. Carried. - 8 - , MOTION NO. 17 Moved by Caldwell, seconded by Crawford Be it resolved that the Petition requesting the Township of Oro, that the lands at the bottom of the 9th Concession be reserved for passive parkland be received. Carried. MOTION NO. 18 Moved by Crawf0rd, seconded by Johnson Be it resolved that the Petition requesting that Council of the Township of Oro to take no further action concerning the Parking Lot and Boat Ramp developments at the waterfront of the 9th Concession without a Public Hearing, be received. Carried. MOTION NO. 19 Moved by Johnson, seconded by Caldwell Be it resolved that the following two projects will be considered for Oro Memorial Park: (a) An extension of the existing playground equipment located in the Park; (b) Replacing the existing Marker Buoys in Lake Simcoe. Carried. MOTION NO. 20 Moved by Johnson, se onded by Crawford Be it resolved that the Administrator/Clerk advise the Oro District Lions Club that they concur with the request for the Lions Club to replace the two existing Lions Club wooden signs at the Oro District Lions Sports Field and further advise the Oro District Lions Club that the Township will incorporate its logo in the sign at a future date. Carried. MOTION NO. 21 Moved by Caldwell, seconded by Johnson Be it resolved that Recommendation No. 16 from the Committee of the Whole meeting be amended to read: The Confidential Correspondence from George W. Gibson, Solicitor, concerning the Agreement between the Corporation of the Township of Oro and Win full Properties Incorporated, be received and further the Administrator/ Clerk is to indicate to Mr. Gibson the Municipality is in agreement with his observation, exclusive of Schedule "E". Carried. MOTION NO. 22 Moved by Crawford, seconded by Caldwell Be it resolved that the Administrator/Clerk is hereby directed by the Council of the Corporation of the Township of Oro to correspond with the Minister of Natural Resources, indicating Councils strong objection to a Ministry Employee interpreting a Council position to Gravel Pit Owners and Operators when that position has not been formerly adopted by Councilor articulated to the owners and operators of the gravel pits and further the Administrator/Clerk is to indicate to the Minister the dissatisfaction and annoyance felt by the Municipality when they became aware that their position had been communicated prior to any formal written confirmation of that position. Carried. - 9 - , MOTION NO. 23 Moved by Caldwell, seconded by Crawford Be it resolved that the Corporation of the Township of Oro is not in support of a pit licence being issued for lands described as East Half of Lot 10, Concession 7, (Seeley and Arnill) until the side yard setbacks noted on the Site Plan comply with the Township of Oro Zoning By-Law No. 1031, and further the Administrator/Clerk is directed to request the Ministry of Natural Resources to forward Councils appeal to the OMB. Recorded Vote requested by Councillor Crawford Deputy Reeve Caldwell Councillor Crawford Councillor Johnson Reeve Drury Yea Yea Yea Yea MOTION NO. 24 Moved by Crawford, seconded by Johnson Be it resolved that the following correspondence be received and filed: 8. (d) Ministry of Citizenship re: Volunteer Awards; (k) Oro Minor Hockey Association re: request for additional Ice Time. MOTION NO. 25 Moved by Caldwell, seconded by Crawford Be it resolved that a By-Law to Adopt Official Plan Amendment #40 (Simoro) be introduced and read a first and second time and numbered By-Law No. 89-94. Carried. That By-Law No. 89-94 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 Carried. Councillor Johnson Yea Councillor Crawford Yea Deputy Reeve Caldwell Yea Reeve Drury Yea MOTION NO. 26 Moved by Johnson, seconded by Caldwell Be it resolved that a By-Law to Rezone Part of Lot ll, Concession 13, (Robertson) be introduced and read a first and second time and numbered By-Law No. 89-95. Carried. That By-Law No. 89-95 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the ~eve. Carr ied . I' - lO - MOTION NO. 27 Moved by Crawford, seconded by Johnson Be it resolved that we do now go into Committee of the Whole @ 8:l9 p.m. Carried. MOTION NO. 28 Moved by Crawford, seconded by Johnson Be it resolved that we do now Rise and Report from Committee of the Whole @ 9:07 p.m. Carried. MOTION NO. 29 Moved by Crawford, seconded by Johnson Be it resolved that the Confidential Memo from Beverly Nicolson, Township Planner and Ron Kolbe, Chief Building Official, concerning a Building Violation, be received and the recommendation of the Chief Building Official and Township Planner be adopted. Carried. MOTION NO. 30 Moved by Crawford, seconded by Johnson Be it resolved that the Confidential Correspondence from Win full Properties Incorporated, concerning Winfull Properties and Oro Township Development Agreement, be received and further the Administrator/Clerk is to indicate that the municipality is in agreement with Items 1, 2 & 3, in the above noted correspondence, however they are not in agreement with the amendments to Schedule "E". Further the Administrator/Clerk is to advise that Schedule "E"'s wording is to be changed as follows: "Lot Levy to be set out by the Township from time to time and to be paid at the time of issuance of the Certificate of Consent by the Secretary-Treasurer". Carried. MOTION NO. 31 Moved by Crawford, seconded by Johnson 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. 89-96. That By-Law No. 89-96 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 32 Moved by Crawford, seconded by Johnson Be it resolved that we do now adjourn @ 9:09 p.m. Carried. Ree&rt ~.