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08 08 1989 Council Minutes , , . THE CORPORATION OF THE TOWNSHIP OF ORO ~ TUESDAY, AUGUST 8, 1989 @ 8:05 P.M. - COUNCIL CHAMBERS FORTY FIFTH MEETING 1988 - 1991 COUNCIL Council met this evening pursuant to adjournment at 8:05 P.M. with the following members present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor David Burton Councillor Allan Johnson Absent: Councillor Alastair Crawford Also present were: Jacquie Besse, Mr. Robert Besse, Ms. Bev Nicolson, Mr. Ron Kolbe, Nelson Robertson, Albert Anderson, Earl Robertson, Gail Robinson, Gladys Arff, Vivian Bell, Nicholas Hawrysch, AlIa Hawrysch, Todd Stocks, Peter Stocks, Pat Thompson, Ted Beaton, Anita Beaton 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 2. CONSENT AGENDA: (a) R. G. Robinson and Associates Letter to Henry Sander re: 13th Line Engineering (b) R. G. Robinson and Associates re: Horseshoe Highlands Reports 45 - 54 and Harbourwood Phase III Reports 1-3 (c) R. G. Robinson and Associates Letter to R.D.Fleeton, Knox Martin, Kretch Ltd. re: Temporary Connection County Road 11 (d) Osler Hoskin and Harcourt re: Confidential Correspondence re: Election Contribution Report (e) Confidential Township of Oro Minutes of Meeting re: 7th Line Reconstruction (f) R. G. Robinson and Associates re: Confidential Correspondence North Oro Industrial Subdivision (g) Office for Disabled People re: Grant Application for Oro Arena (h) G. E. Taylor, County of Simcoe re: Letter to Beth Woronka re: County Road 20 (i) D. Christie, Solicitor re: Confidential Correspondence re: Proposed By-law Regulating Trailer Camps (j) R. G. Robinson and Associates re: Letter Knox, Martin, Kretch Ltd. re: Elevated Tank and Access Road Horseshoe Valley (k) Mr. W. G. Campbell re: Donation to Oro Fair (1) Ministry of Municipal Affairs re: Letter to R. Swerdon re: Planning Advisory Committee Meeting Minutes (m) M. Shain, Township Solicitor re: Letter to Mr. J. Buckley (n) J. D. Hubbert re: Garbage Complaint (0) O.M.B. Decision re: B-9/89 William and Susan Bateman (p) O.M.B. Decision re: B-7/89 William Peacock (q) Barrie Speedway re: Fireworks Display August 5, 1989 (r) C. C. Tatham and Associates Ltd. Letter to R. G. Robinson re: Development Application P-14/89 West Part Lot 10, Concession 5 (s) Ministry of Transportation re: Proposed Official Plan and Zoning By-law Amendments Lots 21 and 22, Concession 5 (Winfull) (t) Ministry of Housing and Municipal Affairs re: Policy Statement on Land Use Planning for Housing Under the Planning Act -2- (u) R. G. Robinson and Associates re: Inspector's Report #52 - Horseshoe Highlands Phase II, #5 - Well Pumphouse Horseshoe Highlands, #13 - Sugarbush Subdivision, #5 - Harbourwood Subdivision Phase III (v) M. Shain, Township Solicitor Re: Proposed Campground By-law (w) M. Shain, Township Solicitor re: Confidential Correspondence re: Oro vs. Hays and Oro vs McLeod (x) Ron Watkin, Ainley and Associates re: Letter to W.A.Young (Buffalo Springs) (y) City of Toronto re: Bill 119 3. DEPUTATIONS: (a) 9:55 P.M. Mr. Bob Besse and Mrs. J. Besse were present to discuss the Proposed Official Plan Amendment #36 on property described as Part of Lot 15 Concession 2. (This portion of of the meeting was held in Committee of the Whole). 4. REPORTS OF MUNICIPAL OFFICERS: (a) Ron Kolbe, Acting Chief Buildings Inspector, re: July 1989 - Monthly Activity Report (b) Paul Eenhoorn, Fire Chief, Report re: New addition to Station No. 2 Hawkestone (c) Report of Live Stock Valuer re: Calf Killed (Cummings) (d) Lynda Aikin, Co-ordinator Secretarial Services re: Secretarial Seminar (e) Beverly Nicolson, Zoning Administrator, Report re: Sales Trailer at Highlands of Horseshoe Subdivision (f) Beverly Nicolson, Zoning Administrator, Report re: Permission for Second Residence (g) Beverly Nicolson, Zoning Administrator, Report re: Plan M-20 Hawkestone (h) Beverly Nicolson, Township Planner, Report re: M.N.R. Pit License Reports (i) Fred Haughton, Public Service Administrator, re: Memo on Sarjeant Co. Ltd. 5. COMMUNICATIONS: (a) Lake Simcoe Region Conservation Authority re: Proposed Authority Boundary Expansion (b) Liquor License Board of Ontario re: Caribou Inn Additional Dining lounge Facilities (c) Oro Agricultural Society Re: Log Sawing Competition (d) Long Associates Consulting Ltd. re: James Dick Construction Ltd. Pit, East ~ Lot 8, Concession 7 (e) R. T. Crothers, Solicitor re: Confidential Correspondence Oro vs Newton (f) Brian W. Hands, re: Garbage Collection 13th Line (g) J.A.J. Knox of Knox Martin kretch Ltd. re: Horseshoe Valley Development Corporation Phase 4 Cul-de-Sac Evaluation (h) D. M.Emerson of G. M. Sernas re: Letter of Acceptance, Phase III Sugarbush (i) Wm. Bulmer re: Use of the Old Town Hall (j) Wm. McKenzie, Solicitor re: Invoice Liz Edwards - Recount (k) N. Hawrysch re: Lots 49, 50,51, 52, 59, 60 and ~ of 61, Plan 719 (1) B.A.F.M.A. re: Security for Fall Event (m) R. G. Robinson and Associates Ltd. re: Letter to C.C. Tatham and Associates re: Harbourwood Water Meters (n) City of Barrie re: Agreement between Oro and Barrie for Dispatch Service -3- (0) Aird & Berlis re: Confidential Correspondence - Oro (p) M. Shain, Township Solicitor re: Confidential Correspondence re Oro Sale to Morton (q) M. Shain, Township Solicitor re: Confidential Correspondence re: Oro Purchase from Shellswell (r) M. Shain, Township Solicitor re: Confidential Correspondence re: Oro Sale to Hristovski (s) M. Shain, Township Solicitor re: Confidential Correspondence re: Oro Sale to Hristovski (t) Confidential Agreement of Purchase and Sale Part of Lot 16, Concession 14, Parts 6 and 7 - Floyd and Joan Patton (u) Long Associates re: James Dick Construction Limited East ~ Lot 8 Concession 7 - Alexander Pit (v) Al Lees, R. G. Robinson and Associates re: Sugarbush Phase III, Stage 1 and 2 6. NEW BUSINESS: Councillor Burton indicated that he had received numerous phone calls concerning the closing of Oro Memorial Beach by the Simcoe County Health Unit and wondered whether the Health Unit had determined the actual cause of the pollution. (b) Council set the date of Friday August 18, at 8 A.M. to meet with the Public Services Administrator Note: Council recessed at 9:20 P.M. to answer questions pertaining to the items listed on the agenda for those in attendance at the meeting. Council reconvened at 9:35 P.M. MOTION NO.1 Moved By Caldwell, seconded by Burton Be it resolved that the minutes of the Special Public Meeting of Council held on Monday, July 17, 1989 (Sarjeant Co.) 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 on Monday, July 17, 1989(RUR, Briggs, Sansom, Pilkey) be adopted as printed and circulated. Carried MOTION NO.3 Moved by Johnson, seconded by Burton Be it resolved that the minutes of the Regular Meeting of Council held on Monday, July 17, 1989 be adopted as printed and circulated. Carried MOTION NO. 4 Moved by Johnson, seconded by Burton Be it resolved that the accounts as presented for the period ending Tuesday, August 8, 1989 in the amount of $276,985.56 plus payroll for the period ending July 27, 1989 in the amount of $34,481.98 in accordance with the computer print-out presented to Council be approved for payment. Carried MOTION NO.5 Moved by Caldwell, seconded by Burton Be it resolved that the road expenditures for the period ending Tuesday, August 8, 1989 be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $75,062.88. Carried -4- MOTION NO. Moved by Burton, seconded by Caldwell Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried MOTION NO. 7 Moved by Johnson, seconded by Burton the report of Acting Chief Building Official Mr. Ron Kolbe concerning his monthly activity report for July 1989 be received. Carried MOTION NO. Moved by Burton, seconded by Caldwell Be it resolved that the report from Fire Chief Paul Eenhoorn concerning the new addition at Station No. 2 Hawkestone be received and adopted. Carried MOTION NO. 9 Moved by Burton, seconded by Caldwell Be it resolved that the report of Livestock Valuer Ernest Bidwell for livestock killed owned by Carl Cumming at an estimated value of $150.00 be received and further the Treasurer be authorized to issue a cheque to Mr. Cumming in the amount of $150.00. Carried MOTION NO. 10 Moved by Johnson, seconded by Caldwell Be it resolved that the memo from Lynda Aiken, Secretarial Services Co-ordinator concerning Pat Vincent attending the I Secretarial Seminar to be held in Barrie on October 16, 1989 be received and further Ms. Pat Vincent is hereby authorized to attend the above noted seminar and further the Township will pick-up the associated registration cost. Carried MOTION NO. 11 I Moved by Johnson, seconded by Burton I Be it resolved that the Township Planner Beverly Nicolson concerning a sales trailer at the Horseshoe Highlands sub- division be received and adopted and further the Letter of Credit be amended to read $10,000. Carried MOTION NO. 12 Moved by Burton, seconded by Caldwell Be it resolved that the report from Township Planner Beverly Nicolson concerning permission to reside in an existing residence while a new one is being built on property described as Part Lot 27, Concession 2 (Keating) be received and adopted and further the amount of the letter of credit be $10,000. Carried MOTION NO Moved by Caldwell, seconded by Burton Be it resolved that the report from Township Planner Beverly Nicolson with regards to Plan M-20 at Hawkestone be received and adopted and further the Township Solicitor Michael Shain be authorized to prepare the repealing By-law as it applies to Lots 1,2,3 and 4 within By-law No. 88-101. Carried -5- MOTION NO. 14 Moved by Johnson, seconded by Burton Be it resolved that the report from Beverly Nicolson, Township Planner re: M.N.R. - Pit License. Reports (1) Sarjeant Co. Ltd. N~ Lot 8, Concession 8 (2) Seeley and Arnill Part of the E~ Lot 10, Concession 7 be received and adopted. Carried MOTION NO. 15 Moved by Burton, seconded by Johnson Be it resolved that the memo from Public Services Administrator re: Sarjeant Co. Ltd. be received and forwarded to the M.N.R. The municipality has some concerns with respect to overall development impact on area roads and may require further input before finalizing this development. Ca MOTION NO 16 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from the Lake Simcoe Region Conservation Authority concerning proposed Authority boundary expansion be received and further the Administrator/ Clerk is hereby directed to advise the Conservation Authority that this Council will not meet with the Conservation Authority as they have expressed their opinions with regards to Authority expansion when they hosted a meeting on May 26, 1988 at the Township Municipal Offices, therefore your request in the opinion of Council is redundant until Barrie and the other municipalities have made a decision concerning the expansion of this Conservation Authority and further this Council is in support of enlarging the L.S.R.C.A. Recorded vote requested by Councillor Burton. Carried Councillor Burton Yea Deputy Reeve Caldwell Yea Councillor Johnson Yea Reeve Drury Yea MOTION NO. 17 Moved by Burton, seconded by Johnson Be it resolved that the following two members of Council will participate in the log sawing competition to be held at the Oro Fair on Saturday, September 16, 1989 at 3:00 P.M.; if Council can bring own chainsaw. Reeve Drury and Deputy Caldwell. Carried MOTION NO. 18 Moved by Caldwell, seconded by Burton Be it resolved that the correspondence from the Liquor Licence Board of Ontario concerning the additional dining lounge facilities for the Caribou Inn be received and further the Administrator/Clerk is hereby directed to advise the Liquor licence Board of Ontario that this Municipality has no objections to this request. Carried MOTION NO. 1 9 Moved by Burton, seconded by Caldwell Be it resolved that the correspondence from R. J. Long of Long & Associates Consulting Ltd. with regards to James Dick Construction Ltd., Alexander Construction Pit, East Half of -6- Lot 8, Concession 7, Oro Township, be referred to the Township Planner Beverly Nicolson and the Public Services Administrator, Mr. Fred Haughton for a report back to Council. Carried MOTION NO. 20 Moved by Johnson, seconded by Burton Be it resolved that the confidential correspondence from Richard T. Crothers, Solicitor re: Oro vs Newton be received and referred to the Township Solicitor, Michael Shain and the Animal Control/By-law Enforcement Officer Bob James and a report back to Council. MOTION NO 21 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from Brian W. Hands with regards to the garbage collection on Oro Concession 13 be referred to the Administrator and Mid Ontario Disposal for review and a report back to Council. Carried MOTION NO. 22 Moved by Caldwell, seconded by Burton Be it resolved that the correspondence from J. A. J. Knox of Knox Martin Kretch Ltd. concerning Horseshoe Valley Development Corporation Phase IV cul-de-sac evaluation be received. Carried MOTION NO. 23 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from G. M. Sernas with regards to Sugarbush Subdivision letter of acceptance be received and referred to the Township Engineer , Mr. Ron Robinson and Township Solicitor Michael Shain for comments and a report back to Council. Carried MOTION NO. 24 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence concerning his request to use the Old reception and his request to obtain a received and further the Municipality securing this permit. from William Bulmer Town Hall for a wedding liquor licence be has no objection to him Carried MOTION NO 25 Moved by Burton, seconded by Caldwell Be it resolved that the correspondence from William McKenzie with regards to the Township paying for Liz Edwards Solicitor's account with regards to the 1988 Election Recount be received and further the Treasurer be authorized to pay the amount of $600.00 and further the Administrator/Clerk is hereby directed to correspond with the Ministry of Municipal Affairs expressing Council's deep concern with regards to assuming this obligation which in future years could cost the Municipality thousands of dollars and further the Administrator/Clerk is to request that this section of the Municipal Election Act should be repealed and the cost assumed by the candidate, also a copy of the resolution be sent to A.M.O. for their support. Carried -7- MOTION NO. 26 Moved by johnson, seconded by Burton Be it resolved that the correspondence from N. Hawrysch with regards to Lots 49, 50, 51, 52, 59, 60 and ~ of 61, Plan 709, be referred to the Township Planner for a report back to Council. Carried MOTION NO. 27 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence from the Barrie Automotive Flea Market with regards to the on-site security for the fall event to be held September 7 - 10, 1989 be received and further the Administrative/Clerk is hereby directed to advise B.A.F.M.A. they have no objections to the security proposed. Carried MOTION NO. 28 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from R. G. Robinson to Tatham and Associates re: installation of a 3 inch turbo meter and the Municipality assuming the $500.00 cost of the above noted meter for the Harbourwood Subdivision be received and further the Treasurer is hereby authorized to pay the above noted amount for the purchase and installation of this meter. Carried MOTION NO. 29 Moved by Caldwell, seconded by Burton Be it resolved that the correspondence from the City of Barrie with regards to an agreement between the Corporation of the City of Barrie and the Corporation of the Township of Oro with regards to the City of Barrie supplying the Township of Oro with fire dispatch services be received and further the Administrator/Clerk and Reeve are hereby authorized to sign the said agreement. Carried MOTION NO 0 Moved by Johnson, seconded by Burton Be it resolved that the confidential correspondence from Aird and Berlis be received and further the Treasurer is hereby authorized to issue to the above noted firm, a cheque in the amount of $5,000.00 as a retainer for this law firm. Carried MOTION NO. 31 Moved by Caldwell, seconded by Johnson Be it resolved that the confidential correspondence from Michael W. Shain, Township Solicitor with regards to the Corporation of the Township of Oro sale to Morton. Part 10, Plan 51T-19270 be received. Carried MOTION NO. 32 Moved by Caldwell, seconded by Burton Be it resolved that the confidential correspondence from Michael W. Shain, Township Solicitor with regards to the Corporation of the Township of Oro purchase from Shelswell, Lot 44, Plan 875, Township of Oro, be received. Carried -8- MOTION NO. 33 Moved by Burton, Seconded by Johnson Be it resolved that the confidential correspondence from Township solicitor Michael W. Shain with regards to the Corporation of the Township of Oro sale to Hristovski, Part 3, Plan 51R-19270, be received. Carried MOTION NO. 34 Moved by Burton, seconded by Caldwell Be it resolved that the confidential correspondence from Michael W. Shain, Township Solicitor, with regards to the Corporation of the Township of Oro sale to Hristovski, Part 2, Plan 51R-19270 be received. Carried MOTION NO. Moved by Caldwell, seconded by Burton Be it resolved that the correspondence from R. J. Long with regards to James Dick Construction Ltd., Alexander Construction pit, East Half of Lot 8, Concession 7, be received and further the Administrator/Clerk is hereby directed to advise Mr. Long that the Municipality will not agree to any increase in his annual production until the Township Planner and Township Public Services Administrator have reported back to Council on the previously submitted Site Plan. Carried. MOTION NO. 36 Moved by Johnson, seconded by Burton , Be it resolved that the correspondence from R. G. Robinson and Associates Ltd. with regards to the application for reduction in Letter of Credit from Sugarbush Subdivision Phase III, Stages 1 and 2, be received and further that the Stage 1 Letter of Credit be reduced to $438,119.70 and Stage 2 Letter of Credit be reduced to $135,173.13. Carried MOTION NO. Moved by Burton, seconded by Caldwell Be it resolved that the minutes of the Oro Community Centres, Parks and Recreation Committee Meeting held on Thursday, July 27, 1989 be received and adopted. Carried MOTION NO. Moved by Burton, seconded by Johnson Be it resolved that Report No. 89-13 of the Committee of the Whole Meeting held on Monday, July 24, 1989 and the recommend- ations contained therein, be adopted as printed and circulated. Carried MOTION NO. Moved by Caldwell, seconded by Burton Be it resolved that the Administrator/Clerk 1S to have the Simcoeside Parkette surveyed. hereby authorized Carried -9- MOTION NO. 40 Moved by Caldwell, seconded by Burton Be it resolved that the Administrator/Clerk is hereby authorized to purchase an additional garbage bin for the Oro Memorial Park. Carried MOTION NO. 41 Moved by Burton, Seconded by Caldwell Be it resolved that the Oro Arena Concession Booth be tendered and advertised in both the Barrie and Orillia newspapers and further the tender indicate the successful tenderer may operate the booth from October 1, 1989 to April 30, 1990. Carried MOTION NO. 42 Moved by Johnson, seconded by Caldwell Be it resolved that the Administrator/Clerk and Parks and Recreation Supervisor prepare a draft covering letter indicating to the Community User Groups that their agreement with the Corporation of the Township of Oro to use the Community Hall will be deferred if the hall has been rented two weeks prior to the date the community group would normally use this facility as outlined in their seasonal rental agreement. Carried MOTION NO. 43 Moved by Caldwell, seconded by Burton Be it resolved that the Reeve Robert E Drury call a meeting of the Boat Launching Committee with all members as soon as possible and report the results of this meeting directly to Council. Carried MOTION NO. 44 Moved by Johnson, seconded by Burton Be it resolved that a By-law to appoint a Deputy-Clerk be introduced and read a first and second time and numbered By-law No.89-65 Carried That By-law No. 89-65 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 Deputy Reeve Caldwell Yea Councillor Burton Yea Reeve Drury Yea MOTION NO. 5 Moved by Caldwell, seconded by Johnson Be it resolvedthat a By-law to authorize the sale of certain lands (Part 2, Plan 51R-19270) be introduced and read a first and second time and numbered By-law No. 89-66. Carried -10- MOTION NO. 46 Moved by Burton, seconded by Johnson Be it resolved that a By-law to authorize the sale of certain lands (Part 3, Plan 51R-19270) be introduced and read a first and second time and numbered By-law No 89-67. Carried MOTION NO. 41 Moved by Johnson, seconded by Burton Be it resolved that a By-law authorizing the sale of certain land (Part 4, Plan 51R-19270) be introduced and read a first and second time and numbered By-law No. 89-68. Carried That By-law No. 89-68 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 Burton Yea Deputy Reeve Caldwell Yea Councillor Johnson Yea Reeve Drury Yea MOTION NO. 48 Moved by Caldwell, seconded by Burton Be it resolved that a By-law to authorize the sale of certain land (Part 5, Plan 51R-19270) be introduced and read a first and second time and numbered By-law No. 89-69 Carried That By-law No. 89-69 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 Deputy Reeve Caldwell Yea Councillor Burton Yea Reeve Drury Yea MOTION NO. 49 Moved by Caldwell, seconded by Burton Be it resolved that we go into Committee of the Whole @ 9:36 P.M. Carried MOTION NO. 50 Moved by Johnson, seconded by Burton Be it resolved that we rise and report from Committee of the Whole @ 10:40 P.M. Carried MOTION NO. 51 Moved by Burton, seconded by Caldwell Be it resolved that the confidential agreement of purchase and sale from Floyd and Joan Patton for Parts 6 and 7, Reference Plan 51R-19270, being Part of Lot 16, Concession 14, be received and accepted if the perspective purchasers agree to accept the conditions of the attached agreement. Carried -,\'\- ~O!!~ Jonnson a' ~s of __ econaea bY procee ~n~ a Burton, s f'rm tne a t~me an, MoVea bY By-la~ to ~cofnl'r~t ana secon carr~ea a tnat a a ~ it resol~e aucea ana rea , lly Passea, Be '1 be ~ntrO 89-70. flna Co~nc> d By-la~ No. . d time and the Reeve. numbere reaa a tn~ra sealea bY carriea 89-70 be . nea an Tnat By-la~ ~o. tne Cler~' s~g groSsea bY be en ~~ bY Burton, MoVea a tnat ~e Be it resolve a bY Jonnson seconae @ '\'\~OO ~ aajO\1rn ao nO carriea REE