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10 17 1988 Council Minutes .~ THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, OCTOBER 17, 1988 @ 7:15 P.M. - COUNCIL CHAMBERS ONE HUNDRED AND TWENTY-SECOND MEETING 1985-88 COUNCIL touncil met this evening purouant to adjournment @ 7:15 p.m. with the following members present: Reeve Robert E. Drury Deputy Reeve Thelma Halfacre Councillor David Burton Councillor David Caldwell Councillor Robert Swerdon Also present were: Bill Henry, Liz Edwards, John Edwards, Howie Rogers, Tom Fendley, Doug Bedford, Roy Shoichet, David Black, Darlene Shoebridge, Dan Gibson, J. Gibson, Stephen Davie, Bill Pidlysny, Marilyn Swerdon, Dorothy Sommerville, Robert Sommerville, Walter Shelswell, Howard Smith, Ron Sommers, Charles Latimer, David Williams, John Brundage, Alastair Crawford 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) Mr. Bruce Robertson re: English only question on municipal ballot (b) Township of Orillia re: Enlargement of L.S.R.C.A. (c) Township of Eldon re: Enlargement of L.S.R.C.A. (d) Ministry of Natural Resources re: Boat Launching Facility (e) David White, Township Solicitor re: Sugarbush Phase III (f) Ministry of the Environment re: Letter to Knox, Martin, Kretch Ltd re: Horseshoe Highlands Phase 1 (g) Ministry of the Environment re: E.R.A. Program, Regional Public Consultation Summary and Analysis (h) Knox, Martin, Kretch Ltd. re: Letter to R. Robinson & Assoc. re: Horseshoe Highlands Phase 1, Oro Fourth Line (i) Adjusters Canada re: confidential correspondence re: 55613 Ontario Ltd. vs. Laansoo (j) David S. White, Township Solicitor re: confidential correspondence concerning Township of Oro and Hastings (k) R. James, By-law Enforcement Officer re: confidential memo re: untidy lot WPT Lot 26, Concession 9 (1) R.G. Robinson and Assoc. Ltd. re: Letter to Skelton, Brumwell & Assoc. Ltd. re: Windfield Estates Phase II (m) R.G. Robinson and Assoc. Ltd. re: Letter to Lakeside Engineering Ltd. re: Harbourwood Phase III (n) R.G. Robinson and Assoc. Ltd. re: Letter to Lakeside Engineering Ltd. re: Harbourwood Subdivision, Phases 1, 2 & (0) R.G. Robinson & Assoc. Ltd. re: Site Review Harbourwood Subdivision Phase 3 3. DEPUTATIONS (a) 7:30 p.m. Mr. Roy Shoichet representing a group of Ratepayers from the Shelswell Park area spoke to Council with regards to the possibility of a boat launching facility being constructed within the boundaries of Shelswell Park Mr. Shoichet's presentation included the following points: 1. Lack of notification to the property owners in the surrounding area of Shelswell Park that Council were considering locating a boat launching facility in this area. ~ . - 2 - 2. If such a facility was to be located in this area, it would be open to the public and subject to traffic congestion, pollution to the lake, noise pollution, no supervisory pe~sonnel, and no restrictions to just ice xishermen. 3. Discussions with area boaters revealed that although Gull Rock is closed, they are still able to put their boats in the water at the bottom of Line 7 and could have access from Line 6 except for a pile of gravel which had been dumped there and has restricted this access. Also referred to an article appearing in the Barrie Examiner on August 16/88 regarding Alcona Beach in Innisfil Township and the problems that have been encountered with the facility located there and the concerns expressed by the O.P.P. 4. The reason why Gull Rock Marina closed was the cost of liability insurance. 5. Our legal advisers obtained a copy of the deed document for Shelswell Park which was deeded to the Township in 1931 which was to be held for park purposes. Our legal advisers suggest that if such a facility is constructed in Shelswell Park that it may borderline on being illegal. Council then responded to Mr. Shoichet's presentation: Deputy Reeve Halfacre: A boat launching facility is still very premature but I do not think that Shelswell Park is the place for it. I don't know where the money will come from but if a facility is constructed it would most definitely have to be supervised. We had the opportunity for such a facility at one time but we lost it, that being the area that the ice fishermen used (Mr. Jaskinski). Councillor Swerdon: The Municipality has corresponded with the Ministry of Natural Resources to see if funding was available. Earlier today I was told that there would be a marina at Shelswell Park and that owners of the property within their Subdivision would have first opportunity to rent slips. I don't know if this is reality or not, but I would like to make it known right now that I am opposed. Councillor Burton: We have discussed the need of a boat launching facility but have not picked a site and therefore believe that this matter has gotten a little out of hand. illor Caldwell: The feeling I have gotten from a few of the concerned residents is that the facility had already been approved. The Parks and Recreation Study done a few years ago recommended that it could be located at Hawkestone dock. Council have not made any type of decision and would certainly want public input prior to a decision being made. A boat launching facility is very expensive and would probably be a 3 to 5 year project. Drury then asked for questions from the public: Fendley: Who initiated the proposal to put a boat launching facility in Shelswell Park? Drury: The Parks & Recreation Study done a few years ago indicated that Shelswell Park could accommodate more uses by cleaning the beach up and the ice fishermen were interested in using that facility. 11 Henry: How can we be assured that we will be informed and made aware of any further discussions or decision on this matter? - 3 - Reeve Drury: There are two motions to be brought forward from the Parks and Recreation Committee to be dealt with later on this evening and if there is to be a public meeting held, you would certainly be advised. David Black: Is Shelswell Park not the prime location that the Parks & Recreation Committee looked at? Reeve Drury: At this point, probably yes. Steve Davie: During your deliberations was any consideration given to the adjoining owners on their property values and the environmental impact it would have? Reeve Drury: No, not at this point. Alasta~ii Crawford: Consideration will also have to be given with respect to parking. Putting such a facility in that would be open to the public would need in excess of about 40 acres in parking alone. (b) 8:30 p.m. Mr. George Peacock spoke to Council with respect to the possible relocation of a house onto lots 100 and 101, Plan 626. (c) 9:25 p.m. The following two tenders for snow removal from the Oro Arena and Township Administration Centre were opened: Doug's Lawn Care- $45.00 per hour for both facilities Hastings Electric - $33.00 per hour for Oro Arena only 4. REPORTS OF MUNICIPAL OFFICERS (a) Jim Shellswell, Chief Building Official re: Monthly Activity Report for September 1, 1988 (b) Bev Nicolson, Township Planner re: Report on a request to reside in an existing residence while constructing a new residence (Galipeau) (c) R. James, Animal Control/By-law Enforcement Officer re: Memo on dumping of fill (d) Bev Nicolson, Township Planner re: Deeming Lots on Plans 589, 798, 93, 709 and 626 5. COMMUNICATIONS (a) Donovan's House of Pianos re: appraisal of Township piano (b) Michael Shain, Township Solicitor re: York Sand and Gravel (c) Ministry of Municipal Affairs re: Regional meetings on Draft Policy Statement on Housing (d) Buffi Woronka re: caution signs for cycling (e) Ontario Good Roads Association re: 1989 Annual Conference (f) R.G. Robinson and Assoc. Ltd. re: Wesley Heights Subdivision (g) Liquor Licence Board of Ontario re: Simoro Golf Links Additional Licence (h) National Transportation Agency of Canada re: Colborne Street Mile 66.20 CNR (i) S.C.D.H.U. re: Certificate of Approval (j) Michael Shain, Township Solicitor re: confidential correspondence concerning Shortreed purchase from Charlebois, Lot 78, Plan 589 (k) Michael Shain, Township Solicitor re: confidential corre concerning National Marketing purchase from Graydon (1) David S. White, Township Solicitor re: confidential correspondence re: Block "A" Harbourwood Subdivision - 4 - Motion No. 1 Moved by Halfacre, seconded by Caldwell Be it resolved that the minutes of the Regular Meeting held on Monday, October 3, 1988 be adopted as printed and circulated. Carried. Motion No. 2 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Special Meeting held on Thursday, October 13, 1988 be adopted as printed and circulated. Carried. Motion No. 3 Moved by Caldwell, seconded by Halfacre Be it resolved that the accounts as presented for the period ending Monday, October 17, 1988 in the amount of $38,100.79 plus payroll for the period ending October 6, 1988 in the amount of $23,997.35 in accordance with the computer print-out presented to Council be approved for payment. Carried. Motion No. 4 Moved by Swerdon, seconded by Burton Be it resolved that the Road Expenditures for the period ending Monday, October 17, 1988 be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $16,059.07. Carried. Motion No. 5 Moved by Halfacre, seconded by Caldwell Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. Motion No. 6 Moved by Swe!don, seconded by Burton Be it resolved that the report from Jim Shellswell, Chief Building Official concerning his Building Report for the month of September, 1988 be received. Carried. Motion No. 7 Moved by Halfacre, seconded by Caldwell Be it resolved that the report from Township Planner Beverly Nicolson with regards to permission to reside in an existing residence while constructing a new residence (John E. Galipeau) be received and adopted. Carried. Motion No. 8 Moved by Caldwell, seconded by Halfacre Be it resolved that the memo from Bob James, Animal Control/ By-law Enforcement Officer concerning dumping fill on Ridge Road and Concession 5 be received. Carried. by Swerdon, seconded by Burton Be it resolved that the report from Township Planner Beverly Nicolson concerning deeming lots be received and adopted. . d Carr1e . - 5 - Motion No. 10 Moved by Caldwell, seconded by Halfacre Be it resolved that the correspondence from Donovan's House of Pianos concerning the Township's piano be received and further that the cost of a new piano be investigated before repairs are made to the present one. Carried. Motion No. 11 Moved by Burton, seconded by Swerdon Be it resolved that the correspondence from Michael W. Shain, Township Solicitor, concerning York Sand and Gravel be received and filed. Carried. Motion No. 12 Moved by Halfacre, seconded by Caldwell Be it resolved that the correspondence from the Ministry of Municipal Affairs concerning Regional Meetings to be held on the Draft Policy Statement on Housing under the Planning Act be received and further the TownshipPlanner and the Administrator/Clerk be permitted to attend the meeting in Orillia on Wednesday, November 2, 1988. Carried. Motion No. 13 Moved by Swerdon, seconded by Burton Be it resolved that the correspondence from Mrs. Buffi Woronka concerning cycling on the Ridge Road be referred to the Road Superintendent for replacement of the caution signs and further Ms. Woronka's recommendation concerning the widening of the Ridge Road be referred to the new Council. Carried. Motion No. 14 Moved by Caldwell, seconded by Swerdon Be it resolved that the correspondence form the Ontario Good Roads Association concerning the 1989 Annual Conference be received and further the Administrator/Clerk is to register for 3 members of Council as well as the Road Superintendent to attend this conference. Carried. Motion No. 15 Moved by Halfacre, seconded by Caldwell Be it resolved that the correspondence from R.G. Robinson and Associates Ltd. concerning Wesley Heights (Scott Subdivision) be received and further that the Developer's Letter of Credit be reduced to $9,460.00 and further the Administrator/Clerk is to prepare the appropriate by-law to assume the road within this subdivision. Carried. Motion No. 16 Moved by Swerdon, seconded by Burton Be it resolved that the correspondence from the Liquor Licence Board of Ontario concerning the additional licence application of Simoro Golf Links Incorporated be received and filed. Carried. - 6 - Motion No. 17 Moved by Caldwell, seconded by Halfacre Be it resolved that the correspondence from the National Transportation Agency of Canada concerning Colborne street Mile 66.20, Newmarket Subdivision, Canadian National Railway Company be recieved and filed. Carried. Motion No. 18 Moved by Burton, seconded by Swerdon Be it resolved that the correspondence from the Simcoe County District Health Unit concerning Certificate of Approval 118-0-86, 119-0-86, 126-0-86, Sublot 33, 34, 35, Plan 952, Concession 13, Oro Township, be received and referred to the Road Superintendent for a report back to Council. Carried. Motion No. 19 Moved by Caldwell, seconded by Burton Be it resolved that negotiations be held between the Corporation of the Township of Oro and the Developer of the Harbourwood Subdivision for a financial contribution to the development of Shelswell Park including the installation of a boat launching facility. Recorded vote requested by Reeve Drury: Reeve Drury Councillor Burton Councillor Caldwell Deputy Reeve Halfacre Councillor Swerdon nay nay nay nay nay Defeated. Motion No. 20 Moved by Caldwell, seconded by Halfacre Be it resolved that Council recommend to the new Council that consideration be given to budget money to investigate the future development of a boat launching facility on Lake Simcoe subject to a public meeting being held prior to any final decision being made. Recorded vote requested by Councillor Caldwell: Councillor Burton Deputy Reeve Halfacre Reeve Drury Councillor Caldwell Councillor Swerdon yea yea yea yea nay Carried. Motion No. 21 Moved by Swerdon, seconded by Burton Be it resolved that Motion No. 20 be referred to the Parks and Recreation Committee for comment on the changes of the Committee's motion of October 6, 1988. Carried. Motion No. 22 Moved by Halfacre, seconded by Caldwell Be it resolved that the minutes of the Oro History Committee Meeting held on Tuesday, September 27, 1988 be received. Carried. _ 7_ Motion No. 23 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Library Advisory Committee Meeting held on Tuesday, September 29, 1988 be adopted as printed and circulated. Carried. Motion No. 24 Moved by Caldwell, seconded by Halfacre Be it resolved that the minutes of the Oro Community Centres, Parks and Recreation Committee Meeting held on Thursday, October 6, 1988 be adopted as printed and circulated. Carried. Motion No. 25 Moved by Halfacre, seconded by Caldwell Be it resolved that Jack Clark be hired as a Part-Time Labourer for the Roads Department at a rate of $8.00 per hour for a period not to exceed December 31, 1988. Carried. Motion No. 26 Moved by Burton, seconded by Swerdon Be it resolved that a By-law to rezone Lot 150, Plan 1488, Concession 11, be introduced and read a first and second time and numbered By-law No. 88-86. Carried. That By-law No. 88-86 be read a third time and finally passed, ben engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 27 Moved by Swerdon, seconded by Burton Be it resolved that we adjourn to Committee of the Whole @ 8:50 p.m. Carried. Motion No. 28 Moved by Halfacre, seconded by Caldwell Be it resolved that Council rise and report from Committee of the Whole @ 9:22 p.m. Carried. Motion No. 29 Moved by Halfacre, seconded by Caldwell Be it resolved that the confidential correspondence from David S. White, Township Solicitor with regards to Block "A", Harbourwood Subdivision, be received and further the Solicitor arrange for the conveyance of these lands to the Township and further all costs associated with this conveyance be the responsibility of the Developer. Carried. Motion No. 30 Moved by Caldwell, seconded by Halfacre Be it resolved that correspondence from Michael W. Shain, Township Solicitor, concerning National Marketing (1959) Limited purchase from Graydon be received and further the Administrator/Clerk is to direct the Township Solicitor to ascertain from Mr. Jacoby what he and his client's interests are , in particular Road Allowance and further that he is to advise Mr. Jacoby and Mr. Jacoby's client that the Municipality . " _ 8 _ has made no determination on any possible sale of this particular road allowance. Recorded vote requested by Reeve Drury: Reeve Drury Councillor Swerdon Councillor Burton Councillor Caldwell Deputy Reeve Halfacre yea yea yea yea yea Carried. Motion No. 31 Moved by Burton, seconded by Swerdon Be it resolved that the confidential correspondence from Michael W. Shain, Township Solicitor concerning Short reed purchase from Charlebois, Lot 78, Plan 589, be received and further the Administrator/Clerk is to advise Mr. Mitchell of the Township Solicitor's findings. Carried. Motion No. 32 Moved by Halfacre, seconded by Caldwell Be it resolved that the report from Jim Shellswell, Chief Building Official and Beverly Nicolson, Township Planner concerning a request to relocate a house (Peacock) be received and adopted and further the Administrator/Clerk explain the concerns of Council. Recorded vote requested by Councillor Caldwell: Deputy Reeve Halfacre Councillor Burton Councillor Swerdon Reeve Drury Councillor Caldwell yea yea yea yea yea Carried. Motion No. 33 Moved by Caldwell, seconded by Halfacre Be it resolved that the tenders for snow removal for the Administration Centre and Arena be referred to the Road Superintendent for a report back to Council. Carried. Motion No. 34 Moved by Swerdon, 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. 88-87. Carried. That By-law No. 88-87 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 35 Moved by Halfacre, seconded by Caldwell Be it resolved that we do now adjourn @ 9:35 p.m. Carried. -ph; ~~ Small