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01 30 1989 Council Minutes -- " ~. THE CORPORATION OF THE TOWNSHIP OF ORO . ~ MONDAY, JANUARY 30, 1989 @ 7:00 P.M. - COUNCIL CHAMBERS EIGHTH MEETING 1988-1991 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 David Burton Councillor Alastair Crawford Councillor Allan Johnson Also present were: Mr. Paul Eenhoorn, Ms. Bev Nicolson, Mr. J.J. Knox, Mr. Ron Robinson, Ken & Vivian Bell, Russ & Karen Besse, Brian Thompson, Debbie Tanner, G.R. Fleming, Bernal Johnston, Earl Robertson, Nelson Robertson, Shirley Woodrow, Gail Robinson, Alfred Perkin, Todd Stocks, Karen and David McCuaig, Jim Besse, Irene Ambeault, Bruce Swerdon, Bob Swerdon, Ron Sommers, Don Wilson, Jim Knox, W. Lohuaru, Stephen Woodrow, and 1 member of the press. 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) Andrea Laansoo re: WPT Lot 25, Concession 3 (b) Knox Martin Kretch Ltd. re: Salvil Horseshoe Highlands Phase 2 Access Road Easement (c) Knox Martin Kretch Ltd. re: letter to Ron Robinson and Assoc. re: Highlands Phase 1 Model Home permits (d) Knox Martin Kretch Ltd. letter to S.C.D.H.U. re: Phase 1 and 2 lot grading (e) Ministry of Agriculture and Food re: Proposed Amendment, Lot 15, Concession 2 (f) Ministry of Agriculture and Food re: O.P. Amendment No. 34, E~ Lot II, Concession 1 (g) J.R. Doolittle, Chairman, Orillia and Area Community Futures Planning Committee re: Futures Program (h) Oro Township Horticultural Society re: 1988 Financial Statement (i) Peter Mills, Stewart Esten re: Township Chain of Office (j) R.G. Robinson & Assoc. Ltd. letter to Mr. H. Cooper re: Audubon Estates 3. Deputations (a) 7:30 p.m. The Reeve advised those in attendance if they had any questions or concerns with regards to the proposed Tax Adjustment~ under Sections 495 and 496 of the Municipal Act. There were no questions from those present. (b) 8:45 p.m. Mr. J.A.J. Knox of Knox Martin Kretch Ltd. and Mr. Don Wallstein, President Horseshoe Valley Developments Corporation as well as Mr. Ron Robinson, Township Engineer, Mr. William Lohuaru and Township Planner Bev Nicolson discussed with Council the 1st Phase of the Horseshoe Highlands Subdivision Agreement (This portion of the meeting was held in Committee of the Whole) 4. Reports'.of Municipal Officers (a) R. James, Animal Control/By-law Enforcement Officer re: December 1988 Activity Report (b) Beverly Nicolson, Township Planner, memo re: University of Guelph class project (c) Beverly Nicolson, Township Planner, memo re: O.A.C.A. membership (d) Fred Haughton, Public Services Administrator, report re: Ministry of Transportation Road Names (e) Fred Haughton, Public Services Administrator, report re: Simcoe County signs (f) Fred Haughton, Public Services Administrator, report re: Environment Week (g) Paul Eenhoorn, Fire Chief, report re: Vehicle Lease 5. Communications (a) Knox Martin Kretch Ltd. re: Horseshoe Highlands Phase 1 Model Homes (b) Information Orillia re: request for a financial contribution (c) North Simcoe Soil and Crop Improvement Assoc. re: request for a financial contribution (d) Town of Paris re: endorsation of a resolution on Cable T.V. Companies (e) Town of Iroquois Falls re: endorsation of a resolution on retrofitting municipal administration buildings to accommodate the handicapped (f) G.M. Sernas & Assoc. re: request for a reduction in the Letter of Credit for Sugarbush Subdivision Phase III, Stage 1 and Stage II (g) W.G. McGurrin, confidential correspondence re: road allowance between Conoession 4 and 5, Bass Lake Road (h) Shiela Simpson re: By-law NO. 88-101 and 88-102 (i) Robert F. McCreary, Solicitor re: By-law No. 88-101 and 88-102 (j) County of Simcoe, Recreation and Social Services Department re: 1989 County Recreation Bonspiel (k) Ron Toffan re: Lot 26, Conc. 5, construction of a shed to store used oil (1) Michael Shain, Township Solicitor, confidential corre re: Barnett Small Claims Court action (m) Ron Mills, MillsPlan Consulting Services re: appearance before Council re: proposed O.P. and Zoning Amendment, Pt. Lot 20, Concession 2 (n) Canadian Bar Association re: Roads and Highways Seminar February 10, 1989 (0) Michael W. Shain, Stewart, Esten re: confidential correspondence re: Urs Buechin, Heidi's Campground e - 2 - Council recessed at 7:45 p.m. and reconvened @ 8:30 p.m. Motion No. 1 Moved by Burton, seconded by Johnson Be it resolved that the minutes of the Regular Meeting of Council held on Monday, January 16, 1989 be adopted as printed and circulated. Carried. Motion No. 2 Moved by Crawford, seconded by Burton Be it resolved that the minutes of the Special Council 'Meeting held on Friday, January 27, 1989 be adopted as printed and circulated. Carried. Motion No. 3 Moved by Johnson, seconded by Burton Be it resolved that the Council of the Corporation of the Township of Oro hereby authorizes the following items to be added to the January 30, 1989 Agenda: (a) confidential correspondence from Township Solicitor Michael W. Shain concerning Urs Buechin, Heidi's Campground (b) By-law No. 89-17, being a By-law to Adopt Amendment No. 36 to the Official Plan (Besse) (c) Petition from Brian M. Thompson with respect to Official Plan and Zoning Amendment for Part Lot 15, Concession 2. Carried. Motion No. 4 Moved by Burton, seconded by Johnson Be it resolved that the accounts as presented for the period ending Monday, January 30, 1989 in the amount of $92,136.84 plus payroll for theperiod ending January 26, 1989 in the amount of $27,230.34 in accordance with the computer print-out presented to Council be approved for payment. Carried. Motion No. 5 Moved by Caldwell, seconded by Crawford Be it resolved that the road expenditures for the period ending Monday, January 30, 1989 be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $60,800.40. Carried. Motion No. 6 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. 7 Moved by Crawford, seconded by Caldwell Be it resolved that the report of Animal Control/By-law Enforcement Officer Robert James concerning his activities for the month of December 1988 be received. Carried. " . - 3 - 8 by Johnson, seconded by Burton from Township planner Bev it resolved that the mem~ chool of planning and icolson concerning Universlt~ S 'ty of Guelph regarding lopment located at the Unlversl hoe Valley be class project with rehgatr~~et~o~~~~:~ion of the Township , ived and further t a, ' Carrled. Oro fully supports thlS proJect. by caldwell, seconded by Crawford resolved that the memo from Township Plan~er Bev , the OACA Membership be recelved and concernlng b h'p fees for the further that council authorize the mem ~rs 1, the of the committee of Adjustment l,ncludl~g , thelr attendance secretary-Treasurer as well as authorlz1ng Carried. at the March seminar. 10 by Johnson, seconded by Burton Be it resolved that the report from Fred Haughton, public, Services Administrator concerning Ministry of Transp~rtatlon request for Township of Oro road names adjacen~ to Hlghway No. 93 be received and adopted with the exceptlon of Item , No. 1 which shall be called the 15/16 Sideroad. Carrled. Motion No. 11 Moved by Caldwell, seconded by Crawford Be it resolved that the report from Fred Haughton, Public Services Administrator with regards to Simcoe County signs and the installation of a sign at the 9th Line be received and adopted. Carried. Motion No. 12 Moved by Burton, seconded by Johnson Be it resolved that the report from Fred Haughton, Public Services Administrator concerning Environment Week be received and adopted. Carried. Motion No. 13 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Information Orillia with regards to a request for a $100.00 grant be received and referred to the 1989 budget. Carried. Motion No. 14 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from the North Simcoe Soil and Crop Improvements Association with regards to their request for a financial contribution be received and referred to the 1989 budget. Carried. Motion No. 15 Moved by Burton, seconded by Johnson Be it resolved that the Council of the Corporation of the Township of Oro endorse the Town of Paris resolution concerning Cable T.V. Companies payment in lieu of taxes. Carried. - 4 - Motion No. 16 Moved by Caldwell, seconded by Crawford Be it resolved that the Council of the Township of Oro endorse the resolution Iroquois Falls concerning retrofitting to accomodate the handicapped~ Corporation of the from the Town of municipal buildings Carried. Motion No. 17 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from G.M. Sernas and Associates Limited requesting a reduction in the Letter of Credit for Sugarbush Subdivision Phase 3, Stage 1 and 2, be referred to the Township Engineer R.G. Robinson and Associates for a report back to Council. Carried. Motion No. 18 Moved by Caldwell, seconded by Crawford Be it resolved that the correspondence from National Marketing Ltd. concerning an undeveloped road allowance between Concessions 4 and 5 at Bass Lake Road be referred to the Township Solicitor and Administrator/Clerk for a report back to Council. Carried. Motion No. 19 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from Sheila Simpson concerning By-laws 88-101 and 88-102 be referred to the Township Solicitor for a response. Carried. Motion No. 20 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Robert F. McCreary, Solicitor, re: By-law No. 88-101 and 88-102 be received and further our Solicitor be asked to appear before the next Council Meeting. Carried. Motion No. 21 Moved by Caldwell, seconded by Crawford Be it resolved that the following applications under Section 495 and 496 of the Municipal Act, R.S.O. 1980 as amended, presented to Council and recommended by the Assessors of Simcoe County Assessment Office (Region No. 16) for assessment reductions be accepted, and further the appropriate tax adjustments be applied. Section 496 1. Peggy Bennett, Roll No. 1-15700 0001. The occupant ceased to carryon business at this location as of September 30, 1988, business taxes based on the business public assessment of $2515 to be cancelled from October 1, 1988 to December 31, 1988. 2. Jim Hurlburt, Roll No. 1-15700 0007. The occupant ceased to carryon business at this address as of May 31, 1988, business taxes based on the business public assessment of $1335 to be cancelled from June 1, 1988 to December 31, 1988. , - 5 - 3. Jim Hurlburt, Roll No. 1-15700 0013. The occupant ceased to carryon business at this location as of May 31, 1988, business taxes on the business public assessment of $435 to be cancelled from June 1, 1988 to December 31, 1988. 4. Jim Hurlburt, Roll No. 1-15700 0015. The occupant ceased to carryon business at this address as of May 31, 1988, business taxes based on the business public assessment of $610 to be cancelled from June 1, 1988 to December 31, 1988. 5. Communitronics Limited, Roll No. 2-30600 0001. The occupant ceased to carryon business at this address as of December 31, 1987, business taxes on the business public assessment of $600 to be cancelled from January 1, 1988 to December 31, 1988. 6. John Norman Britten and Kathleen Susan Britten, Roll No. 3-276. The Section 33 issued from January 1, 1988 was in error. The amount of $5900 should have been $1445, taxes to be cancelled based on the factored assessment of $4455 from January 1, 1988 to December 31, 1988. 7. Robert M. Gauldie and Lynn Marie Murray, Roll No. 3-289. The residence on this property was demolished on June 13, 1988 and is therefore entitled to a cancellation of building taxes from July 1, 1988 to December 31, 1988, taxes to be cancelled based on the residential assessment of $867. 8. York, Sand and Gravel, Roll No. 3-29600 0001. Since & York Sand and Gravel ceased to use this location for 9. business on August 1, 1988 and Seeley and Arnill Aggregates Ltd. took over same area, business taxes for 1988 should be apportioned as follows: York Sand & Gravel Ltd. for 7 months BP of $1100 Seeley & Arnill Aggreates for 5 months BP of $1100 10. Madeline Varcoe, Roll No. 4-170. The garage on the property was demolished June 1988 and is therefore entitled to a cancellation of building taxes from July 1, 1988 to December 31, 1988, taxes to be cancelled based on the residential public assessment of $241. 11. 444344 Ontario Limited, Roll No. 7-328. The buildings on this property were demolished as of August 1988 and is therefore entitled to a cancellation of building taxes from September 1, 1988 to December 31, 1988, based on the commercial public assessment of $4611. I ~ 12. Salvatore Mascioli, Roll No. 7-32800 0001. The occupant ceased to carryon business at this address as of August 1988, business taxes based on the business public assessment of $1860 are to be cancelled from September 1, 1988 to December 31, 1988. 13. Since George Hippler ceased to carryon business at & this address as of March 1988 and Frank McKeown took 14. over the same area, business taxes for 1988 should be apportioned as follows: George Hippler, for 3 months of BP 2385 Frank McKeown, for 9 months of BP2385 15. Nancy Eleanor Shelswell, pt Lot 26 & 27, Concession 7. Since tenant 8-13800 0001 ceased to carryon business at this location, it is recommended that taxes to the owner be cancelled on a reversion of rates from commercial to residential public based on the occupant assessment of $1415 from January 1, 1988 to December 31, 1988 1 1 ~~ ' - b - 16. Nancy Eleanor Shelswell, Pt. Lot 26 & 27, Concession 7. This occupant ceased to carryon business at this address as of December 31, 1987, business taxes based on the business public assessment of $420 are to be cancelled from January 1, 1988 to December 31, 1988. 17. George and Irene Ambeault, Roll No. 9-244. The Section 33 issued from January 1, 1988 was in error. The amount of $83,000 included the $12,000 land value. Taxes to be written off based on the assessment of Residential separate of $579 from January 1 to December 31, 1988. 18. Karen Ann Rotstein, Roll No. 12-288. The cottage on this property was demolished October 1987 and is therefore entitled to a cancellation of building taxes from January 1, 1988 to December 31, 1988, taxes to be cancelled based on the residential public assessment of $444. Section 495 Brent Howie, Roll No. 9-718, hydro arrears of $738.51 James Zerny, garbage of $50.00 to be written off 717215 Ontario Limited, garbage of $55.00 to be written off Don Jackobson, 1987 Business Tax $1.06 interest .04~, Roll No. 5-42801 0001 Carried. Motion No. 22 Moved by Burton, seconded by Caldwell Be it resolved that the correspondence from the County of Simcoe Recreation and Social Services Department concerning the 1989 County Recreation Bonspiel be received and further the Administrator/Clerk is directed to enter 1 team consisting of Reeve Drury, Deputy Reeve Caldwell and 2 members of Staff. Carried. Motion No. 23 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from Ron Toffan concerning the construction of a shed on Lot 26, Concession 5 to store used motor oil be referred to the Township Planner Bev Nicolson, Chief Building Official Jim Shellswell and Township Solicitor for a report back to Council. Carried. Motion No. 24 Moved by Johnson, seconded by Burton Be it resolved that the correspondence from Michal W. Shain, Township Solicitor, concerning Township of Oro vs Barnett Small Claims Court action be received and further the Township Solicitor is hereby directed to take all necessary steps to collect the remainder of the outstanding judgement. Carried. Motion No. 25 Moved by Crawford, seconded by Caldwell Be it resolved that the correspondence from Ron MillsPlan concerning the proposed Official Plan By-law amendment for Part of Lot 20, Concession and further the Administrator/Clerk is directed Mr. Mills that opportunity was provided for Mr. Thompson to appear before a public meeting held Township of Oro on January 16, 1989 and further M ills of and Zoning 2, be received to advise and Mrs. by the the - 7 - Administrator/Clerk is to advise Mr. Mills that his client does have an opportunity to express their views at the appropriate time as outlined under the Planning Act. Carried. Motion No. 26 Moved by Caldwell, seconded by Crawford Be it resolved that the Administrator/Clerk be allowed to attend the seminar conducted by the Canadian Bar Association to be held in Toronto on Frebruary 10, 1989 concerning roads. Carried. Motion No. 27 Moved by Johnson, seconded by Burton Be it resolved that Report No. 89-2 of the Committee of the Whole Meeting held on Tuesday, January 25, 1989 be ado .ed as printed and circulated. Carried. Motion No. 28 Moved by Caldwell, seconded by Crawford Be it resolved that the Petition from Brian M. Thompson concerning proposed Official PlffiAmendment and zoning By-law Amendment for Part Lot 15, Concession 2, be received. Carried. Motion No. 29 Moved by Burton, seconded by Johnson Be it resolved that industrial property known as the North Oro Industrial Park located on Part of Lot 16, Concession 14, be offered for sale and lot sizes indicated on the plan prepared by the Township Engineer R.G. Robinson and Associates and approved by Council at their Committee of the Whole Meeting held Tuesday, January 24, 1989 be offered for sale at a price of $20,000.00 per acre. Carried. Motion No. 30 Moved by Caldwell, seconded by Crawford Be it resolved that the Township Solicitor and Administrator! Clerk update By-law No. 1328/83 being a By-law to Regulate and Govern Campgrounds and further they are to bring the proposed by-law to Council for review at a future Committee of the Whole Meeting. Carried. Motion No. 31 Moved by Johnson, seconded by Burton Be it resolved that Council recognizes that a typographical error occured in the notice schedule with respect to a proposed amendment to the Official Plan and Zoning By-law for Part of Lot 15, Concession 2; however the text and map were correct and therefore the Council of the Corporation of the Township of Oro have determined that it is not necessary to give further notice or have further meetings. Carried. - 9 - Motion No. 37 Moved by Caldwell, seconded by Crawford Be it resolved that we go into Committee of the Whole @ 8:45 p.m. Carried. Motion No. 38 Moved by Burton, seconded by Caldwell Be it resolved that we rise and report from Committee of the Whole @ 9:40 p.m. Carried. Motion No. 39 Moved by Caldwell, seconded by Crawford Be it resolved that the report from Fire Chief Paul Eenhoorn concerning vehicle lease be received and adopted. Carried. Motion No. 40 Moved by Burton, seconded by Johnson Be it resolved that the correspondence from J.A.J. Knox of Knox Martin Kretch Ltd. with regards to model homes for Horseshoe Highlands, Phase 1 be received and further Horseshoe Highlands be allowed to construct 5 model homes in Phase 1 under the following conditions: (a) that a letter of credit in the Township's favour be provided in the amount approved by the Township Engineer; (b) that no occupancy permit be issued until the Subdivision Agreement has been registered. Carried. Motion No. 41 Moved by Caldwell, seconded by Burton Be it resolved that the Parks Supervisor arrange for replacement of the flags at Oro Memorial Park and review the status of any other flags in the Township and report back to Council. Carried. Motion No. 42 Moved by Crawford, seconded by Caldwell Be it resolved that a Public Meeting be scheduled for Monday, February 27th, 1989 @ 7:00 p.m. with respect to the Township of Oro's Industrial/Commercial Study and further the appropriate notices be placed in both the Orillia Packet and Times and the Barrie Examiner. Carried. Motion No. 43 Moved by Johnson, seconded by Burton Be it resolved that the Agreements of Purchase and Sale for lots in lands described as Part of Lot 16, Concession 14, be received and further the Administrator/Clerk arrange a meeting with Council and the prospective purchasers. Carried. Mot by Crawford, seconded by Caldwell it resolved that the confidential correspondence cerning Urs Buechin, Heidi's Campground, drafted by ship Solicitor Michael Shain, be received and accepted presented. C 'd arrle . ''''C'~< .-' ~.> - 10 - Motion No. 45 Moved by Johnson, seconded by Burton Be it resolved that a By-law to Confirm the Proceedings o~ Council be introduced and read a first and second time and numbered By-law No. 89-18. Carried. That By-law No. 89-18 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 46 Moved by Burton, seconded by Johnson Be it resolved that we do now adjourn @ 9:50 p.m. Carried. /2/ ttlj?---- Reeve Robert E. Dr r .-.-",. g:{i/J~fi! Clerk Ro ert W. Small