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06 19 1989 Council Minutes , THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, JUNE 19, 1989 @ 7:30 P.M. - COUNCIL CHAMBERS THIRTY SIXTH MEETING 1988 - 1991 COUNCIL Council met this evening pursuant to adjournment at 7:30 p.m. with the following members present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor David Burton Councillor Alastair Crawford Councillor Allan Johnson Also present were: Mr. R. Swerdon, Mr. Bud Arbour, Mr. Jim Johnson, Mr. Ed Shoefeller, Mrs. Jim Shellswell, Mr. Todd Stocks, Mrs. Vivian Bell, and One Member of the Press. 1. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST: None declared 2. CONSENT AGENDA: (a) Ministry of the Environment letter to Mr. Antonio and Mrs. Salvatore Mascioli re: South Part of Lot A, Concession 2 (b) Ministry of the Environment letter to Whippet Oro Developments Ltd. re: East Part of Lot A, Concession 2 (c) The Orillia Fish and Game Conservation Club re: Buffalo Springs (d) R.G. Robinson and Associates re: Inspection Report #8, Harbourwood, #12 Sugarbush Subdivision, #3 Horseshoe Highlands Well Pumphouse and #4 Horseshoe Highlands Phase 1 (e) Knox Martin Kretch Ltd. confidential letter to R.G Robinson and Associates re: Zone 2 Water Supply System (f) R. G. Robinson and Associates re: North Oro Industrial Park re: awarding of contract and completion date (g) Ministry of Municipal Affairs, letter to Mr. Roy Hastings re: proposed plan of subdivision, Part Lot 20, Concession 5 (h) M.T.O. Expenditure and Subsidy Report, May 31, 1989 (i) Harold L. Atwood re: Buffalo Springs (j) Ministry of Municipal Affairs re: correspondence from and to Mr. and Mrs. Staring and Mr. and Mrs. K. Bell re: O.P. #36 (k) City of Barrie, confidential correspondence re: Fire Dispatch Service (1) Buffi Woronka re: Buffalo Springs (m) Dutcher and Corbett Ltd. re: Agreements with other Municipalities for Fire Services 3. DEPUTATIONS: None 4. REPORTS OF MUNICIPAL OFFICERS: (a) Michael W. Shain, Township Solicitor, confidential correspondence re: By-law No. 88-102 (b) Fred Haughton, Public Services Administrator re: old Highway and use of a proposed brusher (c) Paul Eenhoorn, Fire Chief re: monthly activity report for May '89 (d) Bev Nicolson, Township Planner, report re: Deeming of Plan 606 (e) Fred Haughton, Public Services Administrator, report re: Contract 89-04 surface treating (f) Fred Haughton, Public Services Administrator, report re: grader and brusher tender - 2 - 5. COMMUNICATIONS: (a) A.M.O. re: Special Contribution (b) J. Buckley re: confidential correspondence re: lease termination (c) A.M.O. re: Municipal Response to Report on County Government in Ontario (d) Winfull Properties Inc. re: Developer's Agreement for Guthrie Industrial Park (e) Fisheries and Oceans re: float replacement, Carthew Bay dock (f) Mr. Russ Besse, Interim President, Oro 77's, request for a reduced rate for the use of the hall and diamond lights as well as permission for a liquor permit (g) Mr. Jim Drury re: request for copy of minutes of Planning Advisory Committee NOTE: Council recessed at 8:30 p.m; and reconvened at 8:35 p.m in Committee of the Whole. MOTION NO. 1 Moved by Crawford, seconded by Caldwell Be it resolved that the minutes of the Special Public Meeting of Council held on Monday, June 5, 1989 (Northway Truck Stop) 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, June 5, 1989 (Buffalo Springs) 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, June 5, 1989, be adopted as printed and circulated. Carried. MOTION NO. 4 Moved by Caldwell, seconded by Crawford Be it resolved that the Special Public Meeting of Council held on Monday, June 12, 1989, (Simoro Golf Expansion) be adopted as printed and circulated. Carried. MOTION NO. 5 Moved by Johnson, seconded by Burton Be it resolved that the accounts as presented for the period ending Monday, June 19, 1989, in the amount of $1,461,100.76 plus payroll for the period ending June 15, 1989 in the amount of $25,901.58 in accordance with the computer print-out presented to Council be approved for payment. Carried. - 3 - MOTION NO Moved by Caldwell, seconded by Crawford Be it resolved that the road expenditures for the period ending Monday, June 19, 1989, be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $10,506.48. Carried. MOTION NO. 7 Moved by Crawford, seconded by Caldwell Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. MOTION NO. 8 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Township Solicitor Michael W. Shain and the copy of the draft by-law concerning Township By-law No. 88-102 be received and referred to the Township Planner for comments and further the Administrator/ Clerk is directed to bring this by-law forward at the first Council Meeting in July. Carried. MOTION NO. 9 Moved by Crawford, seconded by Caldwell Be it resolved that the memo from Fred Haughton, Public Services Administrator concerning placing of fill parallel to the 11th Line as well as a report from other municipalities using a brusher be received and filed. Carried. MOTION NO. 10 Moved by Caldwell, seconded by Crawford Be it resolved that the report from Fire Chief Paul Eenhoorn with respect to the monthly activity of the Fire Department for May 1989 be received. Carried. MOTION NO. 11 Moved by Burton, seconded by Johnson Be it resolved that the report from Bev Nicolson, Township Planner, concerning the deeming of Plan 606 be received and adopted. Carried. MOTION NO. 12 Moved by Johnson, seconded by Burton Be it resolved that the report from Fred Haughton, Public Services Administrator, with respect to Contract 89-04 Surface Treating be received and adopted. Carried. MOTION NO. 13 Moved by Caldwell, seconded by Crawford Be it resolved that the report from Fred Haughton, Public Services Administrator, with respect to Grader and Brusher Tender be received and refer to Treasurer for 1989 Budget Allocation. Carried. - 4 - MOTION NO. 14 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from A.M.O. with regards to their request for a one time special contribution be received and filed. Carried. MOTION NO. IS Moved by Burton, seconded by Johnson Be it resolved that the confidential correspondence from J. Buckley concerning his lease termination be referred to the Township Solicitor for a reply. Carried. MOTION NO. 16 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from A.M.O. concerning municipalities response to the Province of Ontario's report entitled "County Government in Ontario" be received and further the Administrator/Clerk is hereby directed that once the Municipality has prepared a response, that a copy of that response be sent to the Association of Municipalities of Ontario. Carried. MOTION NO. 17 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Winfull Properties Incorporated concerning the Developers Agreement with regards to the Guthrie Industrial Park be received and further the Reeve and Administrator/Clerk are to meet with the Solicitor at the earliest possible date to ascertain the reasons for the lack of progress concerning this particular agreement. Carried. MOTION NO. 18 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from Fisheries and Oceans concerning float replacement at the Carthew Bay dock be received and filed. Carried. MOTION NO. 19 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from Mr. Russ Besse, Interim President, Oro 77's, concerning his request that the fee for the Oro Community Centre Hall be reduced to $250.00 for the back 1/3 of the ice Area for the weekend event be granted and further the fee for the use of the Oro Lions Park lights be set at $15.00 per night and further the Corporation of the Township of Oro has no objection to a liquor licence being issued for a slow pitch tournament and the use of the Oro Community Centre Arena for July 7, 8 and 9, 1989. Carried. - 5 - MOTION NO. 20 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Mr. Jim Drury concerning his request to obtain a copy of the minutes of the Planning Advisory Committee Meeting be received and further it be referred to the Township solicitor for a reply. Carried. MOTION NO. 21 Moved by Crawford, seconded by Caldwell Be it resolved that the confidential report from the Eighth Meeting of the Planning Advisory Committee held on Thursday, June 8, 1989, be adopted as printed and circulated. Carried. MOTION NO. 22 Moved by Burton, seconded by Johnson Be it resolved that Report No. 89-10 of the Committee of the Whole Meeting held on Monday, June 12, 1989, and the recommendations contained therein be adopted as printed and circulated. Carried. MOTION NO. 23 Moved by Caldwell, seconded by Crawford Be it resolved that Development Application P18/89, an application for an Official Plan and Zoning By-law Amendment to redesignate Lot 25, Concession 7, from Natural Area to an Official Plan designation of Residential and further a Zoning by-law designation of General Residential (RG) Zone to allow the severance of two lots be deferred until the Township's Planning Consultant has presented a report on the Natural Area to a future Planning Advisory Committee Meeting. Carried. MOTION NO. 24 Moved by Burton, seconded by Johnson Be it resolved that Development Application P24/89 (Daniel) for Lot 13, Plan 728, Concession 13, an application for a rezoning from Seasonal Residential Use to Permanent Residential Use be recommended in principle and further the Administrator/ Clerk is hereby directed to set a date for the required public meeting. Carried. MOTION NO. 25 Moved by Caldwell, seconded by Crawford Be it resolved that the Administrator/Clerk is hereby directed to advise the Township of Oro's Committee of Adjustment that they should deny the request for the applicants of Consent Application B13, B14, and B15/89, as they feel a more appropriate approach to development in this area would be by plan of subdivision. Carried. - 6 - MOTION NO. 26 Moved by Johnson, seconded by Burton Be it resolved that Development Application P20/89, Ralph and Norma Clarke, Sandra King, an application for an Official Plan and Zoning by-law Amendment to change the designation of lands from Agricultural to Estate Residential for the East Half of Lot 14, Concession 1, be deferred until Ron Robinson and Associates Ltd., the Township's Engineers, have completed a report with respect to the long term maintenance costs of servicing smaller subdivisions. Carried. MOTION NO. 27 Moved by Crawford, seconded by Caldwell Be it resolved that the resignation of Mr. Ron Kolbe as a member of the Planning Advisory Committee be accepted with regret. Carried. MOTION NO. 28 Moved by Burton, seconded by Johnson Be it resolved that Resolution No. 23 of the Council Meeting held on Monday, May 15, 1989, is hereby repealed and further the Administrator/Clerk is hereby authorized to hire a surveyor to have a survey done on all roads included on Plan 798, as outlined in previous correspondence from Michael W. Shain, Township Solicitor. Carried. MOTION NO. 29 Moved by Caldwell, seconded by Crawford Be it resolved that a Emergency Contingency introduced and read a By-law No. 89-48. by-law to Amend By-law No. 86-21, an Plan for Peacetime Disasters be first and second time and numbered Carried. That By-law No. 89-48 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 0 Moved by Johnson, seconded by Burton Be it resolved that a By-law to Establish a Site Plan Control Area for Part of Lot A, Concession 2, be introduced and read a first and second time and numbered By-law No. 89-49. Carried. That By-law No. 89-49 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 3l Moved by Johnson, seconded by Burton Be it resolved that a By-law to Regulate and Prohibit the Sale and Setting Off of Fireworks be introduced and read a first and second time and numbered By-law No. 89-50. Carried. That By-law No. 89-50 be read a third time and finally passed, be engrossed by the Cler~ signed and sealed by the Reeve. Carried. . . - 7 - MOTION NO. 32 Moved by Burton, seconded by Johnson Be it resolved that a By-law to Authorize the Purchase of Certain Lands be irtroduced and read a first and second time and numbered By-law No. 89-51. Carried. That By-law No. 89-51 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 33 Moved by Crawford, seconded by Caldwell Be it resolved that The Corporation of the Township of Oro support in principle the anticipated intervention by the City of Orillia into an application by the Simcoe College Foundation for the distribution of assests; in order to perserve the ownership of the Foundations Lands as park- land by the people of Orillia and surrounding area, many of whom originally contributed to the Foundation financially. Carried. MOTION NO. 34 Moved by Burton, seconded by Johnson Be it resolved that we adjourn in Committee of the Whole @ 8:35 p.m. Carried. MOTION NO. 35 Moved by Caldwell, seconded by Crawford Be it resolved that we rise and report from Committee of the Whole @ 8:45 p.m. Carried. MOTION NO. 6 Moved by Caldwell, seconded by Crawford Be it resolved that we authorize payment of $200.00 to Mr. J. Shellswell for his preparations and attendance at an examination for discovery as outlined in a letter to Mr. J. Shellswell dated June 8, 1989, from Mr. P. Tushinski of the Firm of Oatten, Brock, Somers, MacIntyre and Collier. Carried. MO'l'ION NO. 7 Moved by Johnson, seconded by Burton 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. 89-52. Carried. That By-law No. 89-52 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. MOTION NO. 38 Moved by Crawford, seconded by Caldwell Be it resolved that we do now adjourn @ 8:50 p.m. Carried. 1?4 C~ REEVIE ROBERT . QRY Lli:f(~