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05 15 1989 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO t MONDAY, MAY 15, 1989 @ 7:45 P.M. - COUNCIL CHAMBERS TWENTY-EIGHTH MEETING 1988-1991 COUNCIL Council met this evening pursuant to adjournment at 7:45 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: Todd stocks, Bob James, Tony Cooksley, Robert Swerdon, Chris Staring, Paul Warnar, Luke Heffren, Lou Heffren, Hen Warnar, David Allen, Rick Allen, Nathan Cassell, Barry Richardson, Joe Groot, Paul France, Jeff Ball, Elizabeth Agostan, Steve Agostan, Fran Hanney, Donald Hanney, Paul Kelland, Gail Robinson, Howard Campbell, Thelma Halfacre, Stephen Woodrow, Earl Robertson, Jim Langman, Keith Lees, W.R. Daniel, A. Ritchie, Joe Jolie, David O'Brien, Greg Howard, Bev Nicolson, Ron Watkin, David White, and one member of the press. 1. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST None declared. 2. CONSENT AGENDA (a) R.G. Robinson and Associates Ltd. re: Horseshoe Highlands Phase II (Reports 30 - 32) (b) Ministry of Municipal Affairs re: correspondence to Donald R. MacDonald re: O.P. Amendment No. 37 (c) Ministry of Municipal Affairs re: correspondence to Mr. Maxifred Arff re: O.P. Amendment No. 37 (d) Michael Shain, Stewart, Esten, confidential correspondence re: municipal prosecutions (e) Simcoe County Board of Education re: 1989 current operating budget (f) W.J. Leslie, Stewart, Esten, confidential correspondence to Ian Rogers re: B.A.F.M.A. (g) David White, Township Solicitor, confidential correspondence to Ross Heacock, Solicitor, re: Oro Hills Subdivision (h) Mrs. Gail Robinson re: Agreement of Purchase and Sale, Pt. Lot 16, Concession 14 (Site 18) (i) Jorden and Jones re: Development Application P14/89 (j) Expenditure and Subsidy Report re: April 1989 3. DEPUTATIONS: (a) 9:05 p.m. Opening of Tender Contract 89-1, being a tender to provide for the collection, removal and disposal of municipal garbage and also provide for Township wide recycling. The following two tenders were received: (1) McLellan Disposal Services Ltd. Box 100, Mount Forest Total 5 year contract Schedule "A" Schedule "B" Recycling $ 850,319.55 $ 45,056.55 $ 541,985.60 - ~ - ( 2 ) Mid-Ontario Disposal 377 Brewery Lane, Orillia Total 5 year contract : Schedule "A" - $798,054.81 Schedule "B" - 44,040.15 (above price includes recycling) Both tenders were accompanied by a certified deposit cheque in the amount of $10,000.00. (b) 9:21 p.m. Bev Nicolson, Township Planner, Ron Watkin, Township Planning Consultant and David S. White, Township Solicitor, addressed Council with respect to the rezoning of lands to rural residential. (This portion of the meeting was held in Committee of the Whole). 4 . REPORTS OF MUNICIPAL OFFICERS (a) Fred Haughton, Public Services Administrator re: purchase of gabion baskets/Sanderson (b) Robert James, Animal Control/By-law Enforcement Officer re: garbage/smelt fishermen, Hawkestone dock (c) Paul Eenhoorn, Fire Chief re: access to Hawkestone dock (d) Bev Nicolson, Township Planner re: Guidelines for applications to Committee of Adjustment (e) Bev Nicolson, Township Planner, memo re: conditions of consent (f) Bev Nicolson, Township Planner, report re: requests made with respect to deeming of plans of subdivision (g) Paul Eenhoorn, Fire Chief, report re: Monthly Activity of the Fire Department for April 1989 (h) Fred Haughton, Public Services Administrator, memo re: vehicle for Parks Department (i) Fred Haughton, Public Services Administrator, report re: G. Howard, Plan 626 (j) Robert James, Animal Control/By-law Enforcement Officer report re: Howard property excavation of Township road allowance 5. COMMUNICATIONS (a) Mrs. J. Catania, Simcoeside Ratepayers Association re: Promenade between Beach Avenue and creek (b) Henry Neufeld re: printing program for the Knox Presbyterian Church (c) Knox Martin Kretch Ltd. re: Horseshoe Highlands Phase 4B Subdivision (d) Ministry of Skills Development re: Environmental Youth Corps Program 1989 (e) Lake Simcoe Region Conservation Authority re: 11th Annual Marsh Mash Marathon Canoe Race (f) Siting Task Force on Low Level Radioactive Waste Management re: completion of Phase 2 (g) Maurice Allen, County of Simcoe Library Co-Operative re: book exchange (h) Ministry of Environment letter to Ministry of Municipal Affairs re: O.P. Amendment No. 34 (McKee) (i) Michael Shain, Township Solicitor, confidential correspondence re: closing of roads on Plan 798 (j) Michael Shain, Township Solicitor, confidential correspondence re: request to increase tonnage (Truax) - 3 - 5. COMMUNICATIONS (Cont'd) (k) Michael Shain, Township Solicitor, confidential correspondence re: Block 26, R.P. M-295 (Sier) (1) Michael Shain, Township Solicitor, confidential correspondence re: Oro Memorial Park Lease (m) Michael Shain, Township Solicitor, confidential correspondence re: proposed walkway Big Cedar (n) G. Patricia Kenny re: drainage concern, 2nd Line Pt. Lot 8, Concession 2 (0) Simcoe County Federation of Agriculture re: May 4, 1989 Board of Directors Meeting (p) Ministry of Municipal Affairs re: 1989 Simcoe County apportionment (q) Richard McCaw, Boy Scouts of Canada re: attending May 15, 1989 Council Meeting (r) Don Forbes, Lion Chairman re: Oro Lions Summerfest, June 24, 1989 (s) B.A.F.M.A. re: Agostan rezoning, Part Lot 27, Conc. 4 Motion No. 1 Moved by Crawford, seconded by Caldwell Be it resolved that the minutes of the Regular Meeting of Council held on Monday, May 1st, 1989 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 Meeting held on Tuesday, May 9, 1989 be adopted as printed and circulated. Carried. Motion No. 3 Moved by Caldwell, seconded by Crawford Be it resolved that the accounts as presented for the period ending Monday, May 15, 1989 in the amount of $81,129.53 plus payroll for the period ending Thursday, May 4, 1989 in the amount of $24,799.85 in accordance with the computer print-out presented to Council be approved for payment. Carried. Motion No. 4 Moved by Johnson, seconded by Burton Be it resolved that the road expenditures for the period ending Monday, May 15, 1989 be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $18,201.65. Carried. Motion No. 5 Moved by Caldwell, seconded by Crawford Be it resolved that the recommendations listed on the' Consent Agenda, Item No.5, be approved. Carried. Motion No. 6 Moved by Johnson, seconded by Burton Be it resolved that the report from Fred Haughton, Public Services Administrator with regards to the purchase of gab ion baskets be received and adopted. Carried. - 4 - Motion NO. 1 Moved by Johnson, seconded by Burton Be it resolved that the report from Robert James, Animal Control/By-law Enforcement Officer concerning the garbage left in the vicinity of the Hawkestone dock by smelt fishermen be received. Carried. Motion No. 8 Moved by Burton, seconded by Johnson Be it resolved that the report from Fire Chief Paul Eenhoorn concerning access to the Hawkestone dock and concerns expressed by Council with regards to smelt fishermen be received and adopted. Carried. Motion No. 9 Moved by Crawford, seconded by Caldwell Be it resolved that the memo from Bev Nicolson, Township Planner and Secretary of the Township of Oro Committee of Adjustment concerning conditions of consent be received. Carried. Motion No. 10 Moved by Johnson, seconded by Burton Be it resolved that the report from Ron Watkin, Township Planning Consultant, Michael Shain, Township Solicitor and Beverly Nicolson, Township Planner, concerning request made with respect to deeming of plans of subdivision be received and adopted. Carried. Motion No. 11 Moved by Caldwell, seconded by Crawford Be it resolved that the report from Fire Chief Paul Eenhoorn concerning his monthly activity report for month of April 1989 be received and further Council provided with an indication of costs attributed to fighting unauthorized grass fires. the be Carried. Motion No. 12 Moved by Johnson, seconded by Burton Be it resolved that the report from Fred Haughton, Public Services Administrator concerning a half-ton truck for the Parks Department be received and further Council agrees with recommendations of the Public Services Administrator that the above noted vehicle be leased at a cost of $367.35 plus tax on a 36 month lease. Carried. Motion No. 13 Moved by Crawford, seconded by Caldwell Be it resolved that the report from Fred Haughton, Public Services Administrator concerning Mr. G. W. Howard, Lots 23, 119 and 120 and Part Lots 121 and 122, Plan 626 be received and adopted. Carried. II ~ II ~ \1 . I \! II II I' II \ \ . 1\ II II t\ II II \1 II \1 II II I . \i II ! I I II II II II I I t II II I II 1\ II II It II II I . II II II II Ii II 1; II II I - ~ - Motion No. 14 Moved by Burton, seconded by Johnson Be it resolved that the report from Robert James, Animal control/By-law Enforcement Officer re: Howard,property 'd excavation of Township road allowance be recelved. Carrle. Motion No. 15 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from ~ud~ Catania representing the Simcoeside Ratepayers Assoclatlon be received and their comments noted concerning the promenade, Carr led. on Plan 626. Motion No. 16 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from Henry Neufeld, Chairman Trustees Knox Cemetary Board concerning a request to have the program for the Church photocopied at a cost of 10~ per copy for a total of 300 copies be received and granted and further that this organization pay the actual cost of time involved with regards to typing this program. Carried. Motion No. 17 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Knox Martin Kretch Limited concerning Horseshoe Valley Development Corporation Phase IVB of the Horseshoe Highlands Subdivision be received and referred to Bev Nicolson, Township Planner, for inclusion on a future Planning Advisory Committee Meeting. Carried. Motion No. 18 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from the Ministry of Skills Development concerning the Environmental Youth Corps Program for 1989 be received and referred to the Public Services Administrator for implementation on such projects as: (a) Landfill Site clean-up; (b) Park clean-up and improvements; (c) Any other projects the Public Services Administrator may feel are worthwhile; and further the completed project proposals and application forms are to be presented to Council for information. Carried. Motion No. 19 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from the Lake Simcoe Region Conservation Authority concerning the 11th Annual Marsh Mash Marathon Canoe Race be received and further the Administrator/Clerk is to indicate that the following individuals will attend: Reeve Robert Drury and Councillor David Burton. Carried. - 6 - Motion No. 20 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from the Siting Task Force on Low level Radioactive Waste Management be received. Carried. Motion No. 21 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from the County of Simcoe Library Co-Operative concerning book exchange service be received and referred to Deputy-Reeve Caldwell for a review. Carried. Motion No. 22 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from the Ministry of Environment concerning a letter to the Ministry of Municipal Affairs re: Official Plan Amendment No. 34 be received and referred to the Township Planner and Township Planning Consultant respectively. Carried. Motion No. 23 Moved by Caldwell, seconded by Crawford Be it resolved that the confidential correspondence from Michael W. Shain concerning closing of roads on Plan 798 be received and further the Administrator/Clerk is hereby authorized to hire a surveyor to have a survey done on all roads included in the above noted correspondence, only as required to sell to abutting owners, not where there is common ownership on both sides of the road. Carried. Motion No. 24 Moved by Burton, seconded by Johnson Be it resolved that the confidential correspondence from Michael W. Shain with regards to request to increase tonnage for gravel on Lots 6 and 7, Concession 10, be received and further the Administrator/Clerk is to indicate that the attached Agreement be amended to include the following clause: "Letter in the that in 30 days of Credit be provided as a further condition minimum amount of $10,000.00 and further the event payment is not received within of invoicing that: (1) the Letter of Credit be cashed, and (2) the agreement be terminated at the option of the Township." and the Administrator/Clerk is further directed to send a copy of the amended Agreement to the owner of the said gravel pit. Carried. Motion No. 25 Moved by Caldwell, seconded by Crawford Be it resolved that the confidential correspondence from Michael W. Shain concerning Block 26, Reference Plan 51M-295 be received and further the Administrator/Clerk is to direct the Solicitor to indicate that the Township of Oro does not agree with the position of the owner - 7 - adjacent to Block 26 and further the Administrator/Clerk is directed to advise the Solicitor that the Municipality will not entertain the sale of this particular Block at a price below the appraised value. Carried. Motion No. 26 Moved by Johnson, seconded by Burton Be it resolved that the confidential correspondence from Michael W. Shain concerning the lease at the Oro Memorial Park be received and further the Administrator/Clerk is directed to sign the attached form and have it sent registered mail or delivered personally. Carried. Motion No. 27 Moved by Burton, seconded by Johnson Be it resolved that the confidential correspondence from Michael W. Shain concerning a proposed walkway at Oro Concession 13 to Big Cedar Estates be received and further the concerns outlined in the said correspondence be summarized and communicated to the Board of Directors of the Big Cedar Estates for a response. Carried. Motion No. 28 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from Mrs. G. patricia Kenney concerning a drainage problem on the 2nd Line, Part of Lot 8, Concession 2, be received and referred to the Township Engineer R.G. Robinson and Associates Ltd. for a reply with a copy to Council. Carried. Motion No. 29 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from the Simcoe County Federation of Agriculture concerning the May 4, 1989 Board of Directors Meeting be received. Carried. Motion No. 30 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from the Minister of Municipal Affairs with regards to the 1989 Simcoe County apportionment be received. Carried. Motion No. 31 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from the Boy Scouts of Canada concerning their attendance at the May 15, 1989 Council Meeting be received. Carried. Motion No. 32 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from Don Forbes, Oro and District Lions Club, concerning a Special Events Liquor Permit for the Oro Lions Summerfest to be held at the Oro Community Centre Arena on June 24, 1989 be received and further the Administrator/Clerk is to prepare a letter indicating that the Municipality has no objection to this organization applying for this permit. Carried. - 8 - Motion No. 33 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from the Barrie Automotive Flea Market Association concerning the proposed rezoning of Lot 27, Concession 4, be received and referred to the Township's Planning Consultant for a reply with a copy to Council. Carried. Motion No. 34 Moved by Johnson, seconded by Burton Be it resolved that the minutes of the Oro Community Centres, Parks and Recreation Committee Meeting held on Thursday, May 4, 1989 be adopted as printed and circulated. Carried. Motion No. 35 Moved by Crawford, seconded by Caldwell Be it resolved that Report No. 89-8 of the Committee of the Whole Meeting held on Monday, May 8, 1989 and the recommendations contained therein be adopted as printed and circulated. Carried. Motion No. 36 Moved by Caldwell, seconded by Crawford Be it resolved that the Administrator/Clerk notify the party referred to in Motion No. 6 of the Special Council Meeting held on Tuesday, May 9, 1989 of the contents of that resolution. Carried. Motion No. 37 Moved by Crawford, seconded by Caldwell Be it resolved that the request of the Guthrie Public School be granted in respect to the use of the upstairs hall at the Oro Community Centre Arena on Thursday, June 22, 1989 and further that the normal rental rate of $250.00 be charged. Carried. Motion No. 38 Moved by Johnson, seconded by Burton Be it resolved that Mr. Buckley, operator of the Oro Parks Concession be advised that no equipment will be provided to the Oro Park house concession that has not been included within his current lease. Carried. Motion No. 39 Moved by Crawford, seconded by Caldwell Be it resolved that the Parks and Recreation Committee has advised Council that it supports the concept of converting the Oro Park house into a permanent washroom facility as well as a facility to be used for the location of day camp staff and a permanent storage facility. Carried. Motion No. 40 Moved by Caldwell, seconded by Crawford Be it resolved that the 1989/90 arena ice time rental fees be set at $65.00 per hour for all groups using prime time hours. Carried. rl II ~ - 9 - Motion No. 40 Moved by Caldwell, seconded by Crawford Be it resolved that the 1989/90 arena ice time r~ntal fees be set at $65.00 per hour for all groups uSlng prime time hours. Carried. Motion No. 41 1\ I . \ I I, 1\ I, I II II I Moved by Burton, seconded by Johnson Be it resolved that the 1989/90 arena ice time rental fees be set at $50.00 per hour for the following groups: (a) Ringette; (b) Figure Skating; (c) Minor Hockey; (d) Junior "C" Hockey Team. Carried. Motion No. 42 Moved by Johnson, seconded by Burton Be it resolved that the 1989/1990 arena ice time rental fees be set at $32.50 for all groups using non prime time hours. Carried. Motion No. 43 Moved by Caldwell, seconded by Crawford Be it resolved that Council direct the Administrator/Clerk to correspond with the Executive of the Oro 77's Hockey Team and advise them that if the ownership of this team is sold to a private group, the Oro 77's hockey team's use of the Oro Township facilities will be re-evaluated at that time. Carried. Motion No. 44 Moved by Burton, seconded by Johnson Be it resolved that the following tender contract, No. 89-1 Garbage Contract, be referred to the Administrator/Clerk for a review and a report back to Council. Carried. Motion No. 45 Moved by Caldwell, seconded by Crawford I 1 I Be it resolved that the date for the next Committee of the Whole Meeting of Council be set for 9:00 a.m. on Wednesday, May 24, 1989. Carried. Motion No. 46 Moved by Crawford, seconded by Caldwell Be it resolved that a By-law to Regulate the Proceedings in the Township Council of the Township of Oro be introduced and read a first and second time and numbered By-law No. 89-36. Carried. Motion No. 47 Moved by Johnson, seconded by Burton Be it resolved that a By-law to Rezone part of the West Half Lot 20, Concession 3, be introduced and read a first and second time and numbered By-law No. 89-37. Carried. That By-law No. 89-37 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. , , - 10 - Motion No. 48 Moved by Crawford, seconded by Caldwell Be it resolved that a By-law to Rezone Lot 6, Plan 1452, be introduced and read a first and second time and numbered By-law No. 89-38. Carried. That By-law No. 89-38 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 49 Moved by Johnson, seconded by Burton Be it resolved that a By-law to Rezone Part of Lot 27, Concession 4, further described as Part 2, Plan 51R-2060, be introduced and read a first and seconde time and numbered By-law No. 89-39. Carried. Motion No. 50 Moved by Caldwell, seconded by Crawford Be it resolved that we defer third reading of By-law No. 89-39 to the next meeting of Council and be subject to Site Plan Control being prepared to the satisfaction of Council. Carried. Motion No. 51 Moved by Caldwell, seconded by Crawford Be it resolved that we go into Committee of the Whole @ 9:21 p.m. Carried. Motion No. 52 Moved by Burton, seconded by Caldwell Be it resolved that we rise and report from Committee of the Whole @ 10:53 p.m. Carried. Motion No. 53 Moved by Caldwell, seconded by Johnson Be it resolved that the memo from Bev Nicolson, Township Planner and Secretary of the Township of Oro Committee of Adjustment concerning Township of Oro guidelines for applications to the Committee of Adjustment be received and further be adopted with amendments to Section 6a impost fee to $3,000.00 lot levy and $500.00 for parkland and sentence to read "minor variance application shall meet the fourtes~", and 6d be changed from $1,100.00 to $1,600.00. Recorded vote requested by Deputy Reeve Caldwell: Councillor Burton Deputy Reeve Caldwell Councillor Crawford Councillor Johnson Reeve Drury yea yea nay yea yea Carried. - 11 - NOTE: Reeve Drury left the chair and was replaced by Deputy-Reeve Caldwell for the remainder of the meeting. Motion No. 54 Moved by Burton, seconded by Crawford Be it resolved that we suspend Rule 7 of By-law No. 87-46 to allow the meeting to proceed past the normal adjournment hour of 11:00 p.m. Carried. Motion No. 55 Moved by Burton, seconded by Crawford 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. 89-40. Carried. That By-law No. 89-40 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Deputy-Reeve. Carried. Motion No. 56 Moved by Johnson, seconded by Drury Be it resolved that we do now adjourn @ 11:34 p.m. Carried. /)~ h ~ R~ve Rober E. .' LJh~/~b~_' ~eputY-Clerk arlene S oebridge