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04 12 1989 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO WEDNESDAY, APRIL 12, 1989 @ 1:15 P.M. - COUNCIL CHAMBERS , TWENTIETH MEETING 1988-1991 COUNCIL Council met this afternoon pursuant to adjournment at 1:15 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. Fred Haughton, Ms. Beverly Nicolson, Mr. Henry Sander, Mr. Paul Eenhoorn, Mr. Bob James, Constable Wayne Ross, Mrs. Darlene Shoebridge, Mr. Todd Stocks, Howard Caldwell, Gordon Langman, Bert Jamieson, Earl Robertson, Jim Langman, Elaine Simpson, Peter Manzone, John Homer, Stewart Floyd, Mr. C. Darby, Jeff Van Niekerk, Katie Crokam, Stephanie Forbes, Rosangela Mascioli, Sarah Wiese, Meaghan Appleby, Jennifer Dibben, Gordon Kauer, Larry Stagg, Ian Christie, Rick Hueson, Andy Clipsham, Mary Racco, Brand Mathieson, Kerri Daniels, Erin Sperling, Melissa McLean, Greg Pollock, Tammy Crawford, Renee Cingolani, Cindy Leng, Becky Partridge, Jennifer Bonney, Christine Booth, Karley Seabrook, Bonnie McNiven, Cindy Boyes, Bill McKenzie, Bill Emms, Scott Herrygers, Andrew Campbell, Ian Black, Jason Cline, Silas Lang, Jason Cuthbertson, Edward Campbell, Jamie Keen, Darrin Carroll, Chad Hanna, Don Murphy, Sam Calautti, Stephanie Lawson, Shannon Brigley, Angela Bidwell, John Simpson, Darryl Hore, Bryan Sylvester, Cindy Flear, Kevin Banbury, Paul Myerscough, Clint Morrison, Mark Spencer, Chris Bates, Sean Van Wouwe, Steve pankovic, Amie deVeth, Christy Leigh, Wendy Brings, Jenna Thomson, Nad e Gray, Melanie Shaw, Melanie Hughes, Jamie Bates, Carolyn Boyd, Becky Abbott, Jennifer Shelswell, Tara Clement, Angie Fenton, Robyn Price, Raj Jain, Brian Shellswell, Mike Scott, Josh deVeth, Mr. M. Smith, Michelle Robertson, Kristina Keyzer, Emma Kitchen, Corri Crawford, Dan Campbell Reeve Robert E. Drury opened the meeting with a prayer. Reeve Robert E. Drury chaired the meeting. 1. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST None declared. 2. CONSENT AGENDA (a) R.G. Robinson & Associates Ltd. re: Letter to Mr. G. Burnham re: Sugarbush Water Supply Works (b) N.V.C.A. re: Letter to Ministry of Municipal Affairs re: O.P. #34 (c) Heritage Flags and Banners re: quotation on Township flags 3. DEPUTATIONS None 4. REPORTS OF MUNICIPAL OFFICERS The following Department Heads and Council gave an overview of their respective roles and duties within the Township and an overview of their area of municipal government. This meeting and the Department Head's presentations was done as part of Local Government Week with the grades 7 and 8 students from the 4 public schools within Oro Township invited to attend and participate at a local Council Meeting. - L - (a) Fred Haughton, Public Services Administratorre: overview of the following Departments: Roads; Water Sfstems; Landfill Site; Parks and Recreation (b) Bev Nicolson, Township Planner re: an overvis of the Planning, Zoning and Building Departments (c) Henry Sander, Treasurer re: an overview of t. Treasury Department (d) Paul Eenhoorn, Fire Chief re: an overview of tbe Fire Department (e) Bob James, Animal Control/By-law Enforcement Dfficer re: an overview of the Animal Control and By-law Enforcment Department (f) Constable Wayne Ross, Community Police Offic~ re: an overview of the role and function of a Commumty Police Officer (g) Robert W. Small, Administrator/Clerk re: an werview of the Administrator and Clerk's Department 5. COMMUNICATIONS (a) Mr. Bill Scherbarth re: boat launching facility (b) County of Simcoe re: 1989 County Levy By-laws (c) A.M.T.C.O. re: additional membership (d) Barrie & District Assoc. for People with Special Needs re: 1988 grant (e) Mike Breaugh, M.P.P. re: Provincial Support (Flatlining of grants) (f) A.M.C.T.O. re: Conference in Kitchener-Waterloo, June 18- 21, 1989 (g) Serto Toronto re: Better Sleep Month (h) A.M.O. re: Final Draft Resolution from Special Meeting March 30, 1989 (i) David S. White, Township Solicitor, confidential correspondence re: Oro vs Hastings (j) R.G. Robinson & Associates, confidential correspondence re: Sier acquisition of Block 26, Plan M-295 (k) Michael W. Shain, Township Solicitor, confidential correspondence re: Sier acquisition of Block 26, Plan M-295 (I) The Cancer Research Society re: request for a donation (m) M.O.E. re: material from clean up of fuel oil spill, Range 2, Pt. Lot 1 & 2 (n) Ministry of Housing re: Bill 201, an Act to Amend the Municipal Act re: County Waste Management (0) Ontario Waste Management Corp. re: Integrated Waste Treatment Centre (p) Seminar, the Garbage Crisis in Ontario (q) Resolution re: advertising garbage contract (r) Paul Kelland re: factory built houses on West Half Lot 20, Concession 3 (s) Ministry of Housing re: Rental Housing Protection Act 1989 (t) Memo from Deputy-Clerk Darlene Shoebridge re: Howard Rogers, Plan 709, Lots 71 to 75 (u) Ainley & Associates re: Mr. Gerry Jorden resignation (v) Ron Watkin, Ainley & Associates re: Development on Unassumed and/or private roads (w) Michael W. Shain, Township Solicitor re: noise by-law (x) A.H. Allman, confidential correspondence re: Lots 341 and 344, Plan 626 (y) Beverly Nicolson, Township Planner re: report on Mr. Zaharopoulos letter dated April 3, 1989 (z) Michael W. Shain, Township Solicitor, confidential correspondence re: Oro vs B.A.F.M.A. (aa) Michael W. Shain, Township Solicitor, confidential correspondence re: Oro vs Hays (bb) Michael W. Shain, Township Solicitor, confidential correspondence re: Oro vs Newton (cc) Michael W. Shain, Township Solicitor, confidential correspondence re: Oro vs Simpson (dd) Michael W. Shain, Township Solicitor, confidential correspondence re: Development on an Unassumed Road ee) Mrs. Sheila Simpson re: O.P. #37, Appeal to the O.M.B. ff) Jim Shellswell, Chief Building Official report re: Bevan Trailer gg) Mrs. Noreen Ede, Administrator, Big Cedar Parks re: proposed walkway 13th Concession hh) Oro Adult Skating Club re: Ice Time for 1989-90 season - 3 - Note: The meeting recessed at 2:40 p.m. and was reconvened at 3:10 p.m. No. 1 by Crawford, seconded by Johnson Be it resolved that the minutes of the Special Public Meeting Iheld on Monday, April 3, 1989 be adopted as printed and Icirculated. Carried. jlMotion No.2 I!Moved by Johnson, seconded by Crawford II IBe it resolved that the minutes of the Regular Meeting held on Monday, April 3, 1989 be adopted as printed and circulated. Carried. Motion No. 3 Moved by Crawford, seconded by Johnson I Be it resolved that the accounts as presented for fue period ending Wednesday, April 12, 1989 in the amount of $29,651.97 in accordance with the computer print-out presented to Council be approved for payment. Carried. , IMotion No.4 I~oved by Crawford, seconded by Johnson Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. I Motion No. 5 oved by Caldwell, seconded by Crawford IBe it resolved that the correspondence from Mr. Bill Scherbarth Iconcerning land presently owned by the Township and its potential use as a boat launching facility be referred to the Boat Launching Facility Committee for a report back to Council. Carried. otion No. 6 oved by Crawford, seconded by Johnson Be it resolved that the minutes of the Planning Advisory Committee eeting held on Thursday, March 30, 1989 be adopted as rinted and circulated. Carried. otion No. 7 oved by Caldwell, seconded by Johnson e it resolved that Development Application P6/89 (802275 ntario Limited, c/o Sam Grossman, Peter Smith, Proctor and edfern Group) an application for an Official Plan and zoning y-Iaw Amendment to permit a 50 lot country residential rlan of subdivision be deferred until a secondary plan study ~as been completed and presented to the Planning Advisory ~ommittee. Carried. Lotion No. 8 oved by Caldwell, seconded by Crawford e it resolved that Development Application P13/88, Woodland states, Part of Lot 35 & 36, Concession 1, an application for n Official Plan and Zoning By-law Amendment to permit a 4 lot residential plan of subdivision be deferred until secondary plan study has been completed and presented to the lanning Advisory Committee. Carried. - 4 - Motion No. 9 Moved by Caldwell, seconded by Johnson Be it resolved that Development Application P9f8' (Mikloshev) North Half of West Half Lot 19, Concession 11, an application for an Official Plan and Zoning By-law Amendment to change the permitted uses to allow Country Residential to potentially create two lots be deferred until a report is received from the Township P~nning Consultant on the ramnifications of these types of applications to the Township. Carried. Motion No. 10 Moved by Caldwell, seconded by Johnson Be it resolved that Development Application P7/89 (Breckles) Lot 6, Plan 1452, an application to rezone certain lands from seasonal residential use to permanent residential use be recommended to Council and further Council should proceed to set a date for the required public meeting. Carried. Motion No. 11 Moved by Crawford, seconded by Johnson Be it resolved that Ron Watkin of Ainley & Associates Ltd. be requested to prepare a Terms of Reference for Secondary Plan Study in the Woodland Heights area, Lot 34 through 37, from Highway 93 to the 1st Concession including the approximate cost and timing. Carried. Motion No. 12 Moved by Crawford, seconded by Caldwell Be it resolved that correspondence from to mobile homes and Township of Oro. Reeve Robert E. Drury respond to the Mr. Bruce Owen, M.P.P. with regards their possible location within the Carried. Motion No. 13 Moved by Crawford, seconded by Johnson Be it resolved that numbered or other incorporated companies submitting Development Applications be requested to disclose the principle of the company and further they are to provide the Municipality with a company profile including experience within the Development industry. Carried. Motion No. 14 Moved by Caldwell, seconded by Johnson Be it resolved that By-law No. 89-29, being a By-law to Provide the Handling and Collection of Household Garbage and Recyclable Garbage and Other Waste Materials by the Township of Oro, 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: Deputy Reeve Caldwell Councillor Crawford Councillor Johnson Reeve Drury yea yea yea yea Carried. - 5 - Motion No. 15 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from the Association of Municipal Tax Collectors of Ontario be received and further the membership for this Association be placed in the name of Joan Fletcher rather than that of the Administrator. Carried. Motion No. 16 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence from the Barrie and District Association for People with Special Needs with regards to a financial contribution be referred to the 1989 Budget. Carried. Motion No. 17 Moved by Johnson, seconded by Caldwell Be it resolved that the Deputy-Clerk Darlene Shoebridge and the Administrator/Clerk Robert W. Small be allowed to attend the Association of Municipal Clerks and Treasurers of Ontario Conference to be held June 18 - 21, 1989 in Kitchener, Waterloo. Carried. Motion No. 18 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from Al Lees of R.G. Robinson & Associates Ltd. and Michael W. Shain, of Stewart, Esten concerning Block 26, Registered Plan M-295 be received and further the Administrator/Clerk is hereby authorized to direct the Township Solicitor to ascertain whether or not Mrs. Sier is prepared to pay the cost of the appraisal as well as the appraised price for Block 26 providing the Municipality retains an easement for maintenance purposes on this property. Carried. Motion No. 19 Moved by Crawford, seconded by Johnson Be it resolved that the correspondence from the Cancer Research Society with regards to the request for financial contribution be referred to the 1989 budget. Carried. Motion No. 20 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from the Ministry of Housing concerning Bill 201, an Bill on County Waste Management, be received and further Oro Township support County controlled waste management. Carried. Motion No. 21 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence from the Ministry of Environment re: materials from clean-up of fuel oil spill on Bainbridge property, being Range 2, Pt. Lot 1, and wpt Lot 2, Township of Oro, be received and further the Fire Chief Paul Eenhoorn is to request Mr. Alex Scott, Senior Environmental Officer, Ministry of the Environment to provide the Municipality with a written report concerning the details of the above noted spill to include the date it happened, the responsible parties, the date the spill was reported to the M.O.E., the actions taken by the M.O.E. in response to the spill and any other pertinent information that may be of assistance to the Municipality. Carried. - b - Motion No. 2 Moved by Crawford, seconded by Caldwell Be it resolved that we encourage a County representative to attend the Garbage Crisis in Ontario Conference to be held May 2 and 3, 1989 in Toronto. Carried. Motion No. 23 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence from Mr. Paul Kelland re: setting up a business to sell factory built houses on the West Half of Lot 20, Concession 3, be received and further his request to establish his business on lands presently zoned OS2 not be granted until the rezoning is completed. Carried. Motion No. 24 Moved by Crawford, seconded by Caldwell Be it resolved that the memo from Darlene Shoebridge, Deputy-Clerk concerning the deeming of lots on Plan 709, Lots 71 - 75, be referred to the Township Solicitor and Township Planner with the following recommendation: That a report be brought back to Council. Carried. Motion No. 25 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence from Ron Watkin of Ainley & Associates Ltd. concerning development on unassumed and/or private roads be received and further he prepare a draft Official Plan Policy for the Township and further consideration be given to the Township Solicitor Michael W. Shain's comments contained in his letter dated April 5, 1989. Carried. Motion No. 26 Moved by Johnson, seconded by Caldwell Be it resolved that the correspondence from Michael W. Shain, Township Solicitor, with regards to a proposed Noise By-law pursuant to the Environment Protection Act be received and further the Administrator/Clerk in conjunction with the Solicitor, is hereby directed to prepare a draft by-law for the Township of Oro similar to the one drafted by the City of Barrie, to be presented to a public meeting. Carried. Motion No. 27 Moved by Crawford, seconded by Johnson Be it resolved that the confidential correspondence received from A.H. Allman re: Lot 341, Plan 626 be referred to the Township Planner, Public Services Administrator and Township Solicitor for a report back to Council. Carried. Motion No. 28 Moved by Caldwell, seconded by Crawford Be it resolved that the report from Township Planner Beverly Nicolson concerning Mr. Zaharopoulos letter dated April 3, 1989 be received and further Council agrees that Development Application P17/87 may proceed to a Public Meeting on the basis of the additional commercial retail and professional office uses. Carried. Motion No. 29 Moved by Johnson, seconded by Caldwell Be it resolved that the confidential correspondence from Michael W. Shain, Township Solicitor, with regards to Oro Township vs B.A.F.M.A. be received. Carried. Motion No. 30 Moved by Crawford, seconded by Johnson II . II II II ! II \ Be it resolved that the confidential correspondence from Township Solicitor Michael W. Shain concerning Oro vs Hays be received. 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 Oro vs Newton be received. Carried. Motion No. 32 Moved by Crawford, seconded by Johnson Be it resolved that the confidential correspondence from Michael W. Shain re: Oro vs Simpson be received and further copies of the above noted correspondence be made available to the Chief Building Official Jim Shellswell, the Township Planner Beverly Nicolson and the Animal Control/By-law Enforcement Officer Bob James, in order that a meeting may be arranged between these Township Officials and the Township Solicitor. Carried. Motion No. 33 Moved by Caldwell, seconded by Johnson Be it resolved that_the confidential correspondence from Township Solicitor Michael W. Shain concerning development on unassumed and/or private roads be received and further the correspondence should be referred to the Township Planning Consultant to be included in the draft Official Plan Policy. Carried. Motion No. 34 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from Mrs. Sheila Simpson concerning an appeal to the Ontario Municipal Board with regards to Official Plan Amendment No. 37 be received. Carried. Motion No. 35 Moved by Johnson, seconded by Crawford Be it resolved that the report from Jim Shellswell, Chief Building Official, concerning the trailer owned by Mr. Bevan in Hawkestone be received and further Council directs the Administrator/Clerk to have the C.B.O. provide the following information: (a) number of inspections made by the Chief Building Official and the date of the inspections; (b) present status of the renovations in detail; (c) projection by the Chief Building Official as to the amount of work left to be done and when he feels this work can be done by a reputable ~6ntractor; and further this report is to be made available to the next Council Me~ting to be held on Monday, April 17, 1989~' Carried. - 8 - Motion No. 36 Moved by Caldwell, seconded by Johnson Be it resolved that the correspondence from Noreen Ede, Administrator, Big Cedar Residents Association concerning a proposed walkway to be located on Oro Concession 13 be received and referred to the Chief Building Official for a report as to the type of construction and potential liability concerns on behalf of the Municipality re: damage and wearing and further this correspondence along with the diagram be sent to the Township Solicitor for a report on any liability concerns the Municipality should be aware of and further both reports should be submitted to Council prior to May 1, 1989. Carried. Motion No. 37 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from Edna Caldwell concerning Ice-Time for Oro Adult Skating Club be refererd to the Arena Parks Supervisor for a report back to Council. Carried. Motion No. Moved by Caldwell, seconded by Johnson Be it resolved that the following correspondence be received and filed: 8(b) County of Simcoe re: 1989 County Levy By-laws (e) Mike Breaugh, M.P.P. re: Provincial Support (Flatlining of grants) (g) Serto Toronto re: Better Sleep Month (h) A.M.O. re: Final Draft Resolution from Special Meeting March 30, 1989 (I) The Cancer Research Society re: request for a donation (0) Ontario Waste Management Corp. re: Integrated Waste Treatment Centre (s) Ministry of Housing re: Rental Housing Protection Act 1989 (u) Ainley & Associates re: Mr. Gerry Jorden resignation. Carried. Motion No. 39 Moved by Crawford, seconded by Johnson Be it resolved that the Administrator/Clerk is hereby authorized to advertise the availability of the tender to be used for the Garbage Contractor in both the Orillia and Barrie Newspapers. Carried. Motion No. 40 Moved by Crawford, seconded by Caldwell Be it resolved that the Administrator/Clerk be authorized to order business cards for Council as needed. Carried. Motion No. 41 Moved by Caldwell, 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. 89-31. Carried. That By-law No. 89-31 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. - 9 - Motion No. 42 Moved by Johnson, seconded by Caldwell Be it resolved that we do now adjourn @ 4:00 p.m. Carried. ~L~ Clerk Robert W. Small