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12 19 1988 Council Minutes " . THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, DECEMBER 19, 1988 @ 7:30 P.M. - COUNCIL CHAMBERS THIRD 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 Alastair Crawford Councillor Allan Johnson Absent: Councillor Dav funeral Burton d~= t~ 3 ~ :, ;~:smber.s Also present were: Mr. Bob Besse, Mrs. Jacquie Besse, Mr. Ron Watkin, Ms. Beverly Nicolson, Mr. David White, Mr. Michael Shain, Mr. Ken Crawford, Mr. Fred Haughton, Mr. Dwight Taylor, and one 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) Clif and Vernoica Bennett re: Township Staff (b) R.G. Robinson and Associates Ltd. re: Harbourwood Subdivision Phases IIA, lIB and III 3. DEPUTATIONS (a) Mr. David White, Township Solicitor and Mr. Michael Shain Solicitor with the law firm of Stewart, Esten reviewed various Township legal matters with the Council. (This portion of the meeting was held in Committee of the Whole ) 8:45 p.m. (b) Mr. Ken Crawford spoke to Council with regards to an Agreement of Purchase and Sale on Part Lot 16, Concession 14 (This portion of the meeting was held in Committee of the Whole) 9:47 p.m. ( c ) 10:30 p.m. Mr. Fred Haughton, Public Services Administrator and Mr. Dwight Taylor, Arena Supervisor spoke to Council with regards to hours of work and wages for certain staff in the Public Services Department (This portion of the meeting was held in Committee of the Whole) 4. REPORTS OF MUNICIPAL OFFICES (a) Beverly Nicolson, Township Planner, Report re: Development Application P17/88 (b) Beverly Nicolson, Township Planner, Report re: Planning Studen (c) Beverly Nicolson, Township Planner, Report re: Letter concerning Lot 72, Plan 589 (d) Robert James, Animal Control/By-law Enforcement Officer, confidential memo re: Heidi's Camping (e) Robert James, Animal Control/By-law Enforcement Officer, confidential memo re: Hays trial (f) Fred Haughton, Public Services Administrator, Report re: B. Woronka letter concerning bicycle signs (g) Fred Haughton, Public Services Administrator, confidential report re: Department Staff Hiring and Wages (h) Henry Sander, Treasurer, Township of Oro Expenditure/Subsidy Report, Roads Department, November 30, 1988 (i) Beverly Nicolson, Township Planner, Report re: Rezoning Applications on Severed Lots - 2 - COMMUNICATIONS a) Graham Sugg, Township Garbage Contractor re: Special Christmas Tree pick-up b) Kiwanis Club of Barrie re: Civic Night January 23, 1989 c) Oro Marigold Senior Citizens Club re: 1989 Grant request OTHER BUSINESS The Administrator/Clerk was directed by Council to prepare a report with other Municipal Department Heads concerning a policy on the use of Township equipment other than for Township bw:dness tion No. 1 by Caldwell, seconded by Crawford it resolved that the minutes of the Inaugural Meeting of e 1988-1991 Council Meeting held on Tuesday, December 6, 1988 adopted as printed and circulated with the exception of solution No. 12. Carried. tion No. 2 by Caldwell, seconded by Johnson it resolved that the accounts as presented for the period ding Monday, December 19, 1988 in the amount of $201,288.12 us payroll for the peirod ending December 15, 1988 in the ount of $22,529.24 in accordance with the computer print-out esented to Council be approved for payment. Carried. tion No. 3 by Crawford, seconded by Caldwell it resolved that the road expenditures for the period ending nday, December 19, 1988 be accepted as presented and further e Treasurer be authorized to issue cheques in the amount of 3,684.11. Carried. tion No. 4 M ved by Caldwell, seconded by Johnson B it resolved that the recommendations listed on the Consent A enda, Item No.5, be approved. Carried. M tion No. 5 M ved by Crawford, seconded by Caldwell B it resolved that the report of Township Planner Beverly N colson concerning Development Application P17/88 be received a d adopted. Carried. M tion No. 6 M ved by Crawford, seconded by Johnson B it resolved that the report from Township Planner Beverly N colson concerning the hiring of a Planning Student be r ceived and adopted. Carried. M tion No. 7 by Caldwell, seconded by Crawford B it resolved that the memo from Township Planner Beverly N colson with regards to Lot 72, Plan 589 (Barillia Park) b received. Carried. II - 3 - tion No. 8 M~ved by Johnson, seconded by Caldwell J~ it resolved that the confidential memo from Bob James, ~pimal Control/By-law Enforcement Officer re: By-law 1328/88 be ~~ceived and further the Administrator/Clerk review the ~~ggested change in the by-law with the Township Solicitor alpd further prepare any appropriate amendments to this 1t-Iaw. M$>tion No.9 II 1tved by Caldwell, seconded by Crawford ~I' it resolved that the confidential memo from Bob James, I.. imal Control/By-law Enforcement Officer re: Hays Trial b received. Carried. I MWtion No. 10 M~ved by Crawford, seconded by Johnson B~ it resolved that the memo from Fred Haughton, Public s~rvices Administrator re: Motion No. 13 of the Council Meeting h!.ld on October 17, 1988 concerning bicycle signs be received a d further the Public Services Administrator be advised that h should replace these signs at the earliest possible date ih 1989. Carried. I I M. tion No. 11 Carried. by Johnson, seconded by Caldwell it resolved that Treasurer Henry Sander's report concerning wnship of Oro expenditure subsidy report for the Roads partment dated November 30, 1988 be received. Carried. M t ion No. 12 I M~ved by Crawford, seconded by Caldwell B it resolved that the report of Township Planner Beverly N colson concerning rezoning applications of severed lots b received and adopted. Carried. M tion No. 13 M ved by Caldwell, seconded by Crawford B it resolved that Graham Sugg Right-Way Disposals re: special p ck-up for Christmas Trees be received and further the M nicipality is agreeable to the $350.00 per day charge for p'ck-up to be carried out on January 12, 13 and 14, 1989. Carried. 14 by Johnson, seconded by Caldwell it resolved that the following members of Council will attend e Kiwanis Club of Barrie's Civic Night dinner to be held nday, January 23, 1989: Reeve Drury, Deputy Reeve Caldwell, uncillor Johnson, Councillor Burton, Councillor Crawford d Administrator/Clerk Robert Small. Carried. by Caldwell, seconded by Johnson it resolved that the correspondence from the Oro Marigold ior Citizens Club with regards to a request for a financial tion be received and referred to the 1989 budget. Carried. - 4 - tion No. 16 ved by Johnson, seconded by Caldwell it resolved that the minutes of the Canada Day Committee eting held on Wednesday, December 14, 1988 be received d adopted. Carried. M tion No. 17 M ved by Crawford, seconded by Johnson B W a I M1 tion No. 18 it resolved that Report No. 88-17 of the ~O~~ TQA of th0 OLe Meeting held on Monday, December 12, 1988 be adopted printed and circulated. Carried. M ved by Caldwell, seconded by Johnson B it resolved that Report No. 88-18 of the Special Committee o the Whole Meeting held on Thursday, December 15, 1988 be a opted as printed and circulated. Carried. M tion No. 19 M ved by Johnson, seconded by Caldwell B it resolved that Councillor Alastair Crawford be appointed t the Royal Victoria Hospital Board for the year 1989. Carried. No. 20 by Crawford, seconded by Johnson it resolved that Councillor David Burton be appointed to e Nottawasaga Valley Conservation Authority as the Township's resentative for the year 1989. Carried. tion No. 21 by Caldwell, seconded by Johnson it resolved that we go into Committee of the Whole @ 8:45 p.m. h Township Solicitor David White, Michael Shain, Solicitor Ms. Bev Nicolson. Carried. ion No. 22 by Caldwell, seconded by Johnson it resolved that we rise and report from Committee of the le @ 9:46 p.m. Carried. Mo ion No. 23 Mo ed by Johnson, seconded by Caldwell Be it resolved that we go into Committee of the Whole @ 9: 7 p.m. with Ken Crawford, David White and Michael Shain, To nship Solicitors and Ms. Bev Nicolson. Carried. Mo ion No. 24 Mo ed by Crawford, seconded by Johnson Be it resolved that we rise and report from Committee of the Wh le @ 10:04 p.m. Carried. - 5 - No . 25 by Caldwell, seconded by Crawford resolved that notwithstanding anything in any Dther olution of this Corporation contained the Administrator j rk and the Treasurer or the Reeve are hereby aut~rized on behalf the Corporation to execute and deliver to the Tomato inion Bank a Night Depository Agreement on the b~k's ular form and to designate at any time to the sam Bank person or persons to give valid receipts pursuant to the s 'd Agreement and to cancel any such designations at any ti e to the said Bank the person or per ~m2';) give1falid r eipts pursuant to the said Agreement and to cancel any S~~h designations at any time on written notice to ~e said B k. Carried. M ion No. 26 by Crawford, seocnded by Caldwell it resolved that (1) the Toronto-Dominion Bank is hereby ointed the banker of the Company (2) the Reeve and the inistratorjClerk and the Treasurer, or any two to sign hereby designated "signing officers" of the Company and are authorized and empowered on behalf of the Company time to time: to sign, make, draw, accept, endorse, execute and deliver cheques, promissory notes, bills of exchange, omers for the payment of money (including cheques, promissory notes, bills of exchange and orders for the payment of money payable to the individual order of any "signing officers" of the Company), draft acceptances, agreements to give security and all agreements, (including Operation of Account Agreement) documents and instruments obligating the Company to the Bank or as required by the Bank or as may relate to any banking business or any borrowings or advances by way of overdraft or otherwise or any liability or obligation heretofore, now or hereafter made or incurred directly or indirectly by the Company and/or heretofore, now or hereafter made or incurred by the Bank for the account or benefit of the Company, and to receive from the Bank all or any securities and property held by the Bank for safekeeping on behalf of the Company or as collateral security or otherwise and to sign and deliver receipts therefor: to borrow money from the Bank by obtaining loans or advances or by way of overdraft or otherwise: to assign, transfer, convey, hypothecate, mortgage, pledge , charge or give security in any manner upon all or any of the real or personal, movable or immovable property, rights, powers, choses in action, or other assets, present or future, of the Company to secure any such securities or other securities of the Company or any money borrowed or to be borrowed or any obligations or liabilities as aforesaid or otherwise of the Company heretofore, now or hereafter made or incurred directly or indirectly or otherwise: and without in any way limiting the aforesaid powers, to give security or promises to give security, agreements, documents and instruments in any manner or form under the Bank Act or otherwise to secure any money borrowed or to be borrowed or any obligations or liabilities as aforesaid or otherwise of the Company heretofore, now or hereafter made or incurred directly or indirectly or otherwise. - 6 - That anyone of the signing officers is hereby authorized on behalf of the Company from time to time: (a) to deposit with or negotiate or transfer to the Bank (but for the credit of the Company only) all or any cheques, promissory notes, other bills of exchange, orders for the payment of money, and other instruments, whether negotiable or not, and for such purpose to deliver all or any of the foregoing. to the Bank signed and endorsed or purporting to be signed and endorsed with the name of the Company impressed thereon by a rubber stamp or otherwise: and (b) to arrange, settle, balance, certify and confirm all books and accounts b~tween the Company and the Bank and to receive all paid cheques, vouchers, bills of exchange, instruments and any commercial documents or papers relating thereto and all unpaid and unaccepted bills of exchange and to sign and deliver to the Bank the Bank's forms of settlement and confirmation of balances and release and any receipts for all or any of the foregoing. (c) to sign any bill of exchange payable to the said Bank purporting to be drawn by the Company upon any customer thereof or upon any other person, and such signature shall be sufficient to bind the Company. That any agent or employee of the Company is hereby authorized to receive all paid cheques, vouchers, bills of exchange, instruments, account statements, and any commercial documents or papers relating thereto and all unpaid and unaccepted bills of exchange. That any agreements, documents and instruments signed or purporting to be signed in the manner set forth in this Resolution shall be valid and binding upon the Company. That for the purposes set forth in this Resolution the Directors hereby delegate any and all powers which they may have to the signing officers or other persons who are herein named or referred to by office or position with the Company and each of them. 7 That the Bank be supplied with a list of all signing officers or other persons who are herein named or referred to by office or position with the Company and that the Bank is hereby authorized to rely upon such list until it has received an amended list and so on from time to time. 8 That this Resolution shall remain in force and be binding upon the Company as regards the Bank until the Bank has received written notification that this Resolution has been repealed or replaced. Carried. M tion No. 27 M ved by Caldwell, seconded by Johnson B it resolved that the Corporation of the Township of Oro a cepts the offer for Community Policing and further the A ministratorjClerk is hereby directed to place in the 1 89 Budget Estimates to purchase a filing cabinet, desk, c air and telephone answering machine: the location of which i to be decided at a later meeting. Carried. - 7 - M tion No. 28 M ved by Crawford, seconded by Caldwell B it resolved that the Administrator/Clerk have Block 26 o Registered Plan M-295 appraised at the earliest possible d te and report back to Council. Carried. M tion No, 29 M ved by Caldwell, seconded by Crawford B it resolved that a By-l~~ ~v D~signdte Certain Plans of S bdivision not be Registered Plans of Subdivision (Plan M-20) b introduced and read a first and second time and numbered B -law No. 88-101. Carried. T at By-law No. 88-101 be read a third time and finally passed, bl engrossed by the Clerk, signed and sealed by the Reeve. t! R~corded vote requested by Deputy Reeve Caldwell: II III Deput~ Reeve Caldwell I Counclllor Johnson III Councillor Crawford I Reeve Drury M~tiOn No. 30 M~ved by Crawford, seconded by Johnson B/I it resolved that a By-law to Designate Certain Plans of S.~division not be Registered Plans of Subdivision (Plans 93, 5~, 626, 709, 798, 1154 and 1) be introduced and read a first a p second time and numbered By-law No. 88-102. Carried. T~bt By-law No. 88-102 be read a third time and finally passed. b11 engrossed by the Clerk, siqned and sealed by the Reeve. R~porded vote requested by Deputy Reeve Caldwell: II II Deputy Reeve Caldwell .1 Reeve Drury II Councillor Crawford I Councillor Johnson yea yea yea yea Carried. yea yea yea yea Carried. M ion No. 31 M red by Caldwell, seconded by Johnson BI it resolved that we go into Committee of the Whole @ 10:30 p.m. W'fh Dwight Taylor and Fred Haughton present. Carried. I M ion No. 32 ed by Caldwell, seconded by Crawford it resolved that we rise and report from Committee of the Ie @ 11:30 p.m. Carried. Mo ion No. 33 Mo ed by Caldwell, seconded by Johnson Be it resolved that we suspend Section 7 of By-law 87-46 to al ow the meeting to proceed past the 11:00 p.m. adjournment ho r. Carried. Mo ion No. 34 Mo ed by Caldwell, seconded by Crawford Be i. it resolved that the Agreement of Purchase and Sale from Ke~ Crawford described as Part of Lot 16, Concession 14, be ac~ePted following review by the Solicitor. II - B - . . vote requested by Deputy Reeve Caldwell: Councillor Johnson Reeve Drury Deputy Reeve Caldwell Councillor Crawford yea yea yea yea Carried. tion No. 35 ved by Crawford, seconded by Caldwell ~ it resolved that the Agreement of Purchase and Sale ~ om James T. Crawford described as Part of Lot 16, d ncession 14, be accep~~d iul~owing reVlew by the Solicitor. h ~fcorded vote requested by Deputy Reeve Caldwell: II II Deputy Reeve Caldwell ! Reeve Drury I Councillor Johnson Councillor Crawford yea yea yea yea Carried. M tion No. 36 M~ved by Caldwell, seconded by Johnson I B it resolved that a By-law to Appoint a Committee of A justment be introduced and read a first and second time a d numbered By-law No. 88-96. Carried. T at By-law No. 88-96 be read a third time and finally p ssed, be engrossed by the Clerk, signed and sealed by t e Reeve. Carried. M tion No. 37 I M ved by Caldwell, seconded by Crawford B it resolved that a By-law to Appoint Members to the Oro Panning Advisory Committee be introduced and read a first and s cond time and numbered By-law No. 88-97. Carried. T at By-law No. 88-97 be read a third time and finally passed, b engrossed by the Clerk, signed and sealed by the Reeve.Carried. I M tion No. 38 M ved by Crawford, seconded by Johnson B it resolved that a By-law to Appoint Members to the Oro C mmunity Centres, Parks and Recreation Committee be i troduced and read a first and second time and numbered B -law No. 88-98. Carried. T at By-law No. 88-98 be read a third time and finally passed, b engrossed by the Clerk, signed and sealed by the Reeve.Carried. M tion No. 39 M ved by Caldwell, seconded by johnson it resolved that a By-law to Appoint a Canada Day Committee introduced and read a first and second time and numbered -law No. 88-99. t By-law No. 88-99 be read a third time and finally passed, engrossed by the Clerk, signed and sealed by the Reeve.Carried. ,,-,. - 9 - " otion No. 40 oved by Crawford, seconded by Caldwell ~e. it resolved that a By-law to Authorize the Use of ~ Grid Promissory Note be introduced and read a first 4 d second time and numbered By-law No. 88-100. ~. I Carried. at By-law No. 88-100 be read a third time and finally ssed, be engrossed by the Clerk, signed and sealed the Reeve. Carried. tion No. 41 bved by Johnson, seconded by Caldwell a~ it resolved that a By-law to Repeal By-law No. 88-29, ~. By-law to Regulate the Serving of Alcoholic Beverages 4', the Township Administration Building, be introduced and rad a first and second time and numbered By-law No. 88-103. II Carried. ~at By-law No. 88-103 be read a third time and finally p~ssed, be engrossed by the Clerk, signed and sealed by t e Reeve. Carried. M tion No. 42 by Caldwell, seconded by Johnson it resolved that a By-law to Amend By-law No. 88-22 (Smoking -law) be introduced and read a first and second time and n mbered By-law No. 88-104. Carried. T at By-law No. 88-104 be read a third time and finally p ssed, be engrossed by the Clerk, signed and sealed by the R eve. Carried. M~tiOn No. 43 M ved by Crawford, seconded by Johnson B it resolved that the Public Services Administrator's c nfidential report re: Mr. Jack Clark's employment be r ceived. Carried. M tion No. 44 M ved by Caldwell, seconded by Johnson it resolved that Jack Clark be hired as a labourer for one year contract position period with a starting hourly r te of $10.50 per hour to be reviewed after one year a1. f,;,rther this employee shall receive full Township b1 eflts after three months probation. M tion No. 45 Carried. by Caldwell, seconded by Crawford it resolved that Randall Wuensch be hired as an equipment rator on a one year contract position with a starting rly rate of $10.50 per hour to be reviewed after one year further his starting date shall be January 3, 1989 and Mr. Wuensch shall be entitled to full Township benefits successfully completing a 3 month probationary period.Carried. " - 10 - \. tion No. 46 I ,pved by Johnson, seconded by Crawford Ii ~~ it resolved that the Reeve and Public Services Administrator m~et with the Fairboard Representatives to determine the boundaries q~ the land .to be turned over to the Oro Fair Board by ~~e Township. Carried. J~tion NO. 47 ~~ved by Caldwell, seconded by Crawford ~~ it resolved that the corporatio~ of the Town~hip of oro, ~~ prepared to deed to the or~ ~grlcultural SO?lety a portlon Q[ Lot 15, Concession 8, provldlng the Oro Agrlcultural spciety is prepared to assume the cost of a survey and ~prther that the Oro Agricultural Society agrees to accept ~re Agreement of Purchase and Sale as prepared by the 1fwnship Solicitor. Carried. ~ption No. 48 'I ~fved by Johnson, seconded by Caldwell db it resolved that the Administrator/Clerk ~~lwnshiP Solicitor to commence legal action 9 tstanding funds owed by B.A.F.M.A. to the 9, the Township of Oro. ~~tion No. 49 ~~ved by Johnson, seconded by Caldwell II BI it resolved that the report of Henry Sander, Treasurer, ~'th regards to information on Conflict of Interest I surance coverage be received and further each member o Councilor member of local board who wishes the coverage m st advise the Treasurer and the Township shall be r sponsible for the payment of $50.00. advise the to collect Corporation Carried. Defeated. tion No. 50 by Johnson, seconded by Caldwell it resolved that the report of Henry Sander, Treasurer, w th regards to information on Conflict of Interest i surance coverage be received and further each member o Councilor member of local board who wishes the coverage m st advise the Treasurer and further each member of C uncil and/or a local board will be responsible for the p yment of $50.00 per member. Carried. M tion No. 51 M ved by Johnson, seconded by Caldwell B it resolved that the following shall be the schedule o Council and Committee Meetings for the month of January 1 89: January 9 @ 7:00 p.m. Committee Meeting: January 16 @ 7:00 p.m. Council Meeting: January 24 @ 7:00 p.m. C mmittee Meeting and January 30 @ 7:00 p.m. Special Council Meting. Carried. M tion No. 52 I :~~'V:: ::s:::::o:~a:e:::d::r::m:::d::l:urchase and Sale from PM Manufacturing described as Part of Lot 16, Concession 14 bi accepted. II R~corded vote requested by Deputy Reeve Caldwell: II Ii - 11 - Councilior Johnson Deputy Reeve Caldwell Reeve Drury Councillor Crawford yea yea yea yea Carried. ion No. 53 oved by Caldwell, seocnded by Johnson I 'e it resolved that the Agreement of Purchase and Sale rom Karl Menge in Trust described as Part of Lot 16, oncession 4, not be accepted. ~ ecorded vote requested by Deputy Reeve Caldwell: I II Councillor Johnson 1,1 Deputy Reeve Caldwell . Councillor Crawford I Reeve Drury I ~rtion No. 54 jpved by Crawford, seconded by Caldwell b it resolved that the Administrator/Clerk prepare the fibllowing amendments to By-law No. 87-46, a By-law to R~gUlate the Proceedings of Township Council in the ~I wnship of Oro: (I ) Section 15(d) amended to two minutes from three minutes: yea yea yea yea Carried. ) Section 17(a) recorded vote shall be amended to indicate that the vote shall be taken in alphabetical order to be reversed each time a recorded vote is taken. Carried. .tion No. 55 fved by Caldwell, seconded by Johnson .~ it resolved that a By-law to Confirm the Proceedings Council be introduced and read a first and second time a d numbered By-law No. 88-105. Carried. at By-law No. 88-105 be read a third time and finally ssed, be engrossed by the Clerk, signed and sealed by e Reeve. Carried. tion No. 56 by Johnson, seconded by Caldwell B it resolved that we do now adjourn @ 12:55 a.m. Carried. ~u 'Clerk Robert W. Small