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07 18 1988 Council Minutes . . THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, JULY 18, 1988 @ 7:00 P.M. - COUNCIL CHAMBERS ONE HUNDRED AND NINETH MEETING 1985-88 COUNCIL Council met this evening pursuant to Adjournment at 7:00 p.m. with the following members present: Reeve Robert E. Drury Councillor David Burton Councillor David Caldwell Councillor Robert Swerdon Absent: Deputy Reeve Thelma Halfacre Also present were: Mr. Fred Haughton, Mr. Ron Robinson, Marlene Hawkins, Marjorie Bell, Burt McArthur, Donald McArthur, Elwood McLaughlin, Kenneth R. Andrews, Alastair Crawford, Jean Crawford, Catherine Melton, Ken Cunningham, Marilyn Swerdon, Norm Emms, Howard Campbell, Jean Campbell, Michael Vasey, S. Carley, Margaret Dasylyk, John Baker, Pat Everingham, Eric Waugh, Ralph Pauly, Hearley Curian, Ida Rapp, Fran Hanney. 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) (b) (c) (d) (e) (0 (g) (h) (1) (j) (k) (1) County of Simcoe, County Engineer re: Installation of a 3-Way Stop at t corner of the 2nd Concession and County Road 20 Ministry of Municipal Affairs re: Municipal Elections Act, Form 28 Notice of Registration R.G. Robinson and Associates Ltd, re: Harbourwood Subdivision Phase 3 Michael W. Shain, Solicitor, Stewart, Esten re: confidentia Ministry of Transportation re: Tenders #88-01, 03, 04, 05 A.M.O. re: Standing Committee of the Legislature on the following: (a) Bill 113 An Act to Amend the Retail Business Holidays Act (b) Bill 114 An Act to Amend the Employment Standards Act (c) Request for Nominations 1988-89 A.M.O. Board of Directors R. Robert Barlow re: garbage complaint David White, Solicitor re: Glendening Farm Ltd. O.M.B. Hearing Michael W. Shain, confidential correspondence re: Township of Oro and Bolechowsky R.G. Robinson and Associates Ltd. re: Audubon Estates R.G. Robinson and Associates Ltd. re: Harbourwood Subdivision Phase IIA Stewart, Esten, confidential correspondence re: Township of Oro/Robbins .f- 3. DEPUTATIONS (a) (b) 7:00 p.m. Reeve Robert E. Drury and Council members made special presentations to the following groups and individuals to recognize their contribution to the opening of the Oro Administration Centre on Friday, June 17, 1988. - G~orgian College, students and teachers who designed and constructed the Council furntture - Rev. Ralph Wood - Mr. Norm Emms - Mr. Duncan Fleming 7:35 p.m. Mr. Ken Cunningham was present to review a letter from the Ministry of Municipal Affairs, Mr. John Eakins, dated June 3, 1988. The letter was in response to a petition to the Ministry for an inquiry into the action Council had taken with regards to the sale of the former Township Offices. The letter reviewed the procedures follJwed by the Municipality and further stated that the Minister will not be recommending a Commission of Inquiry. Mr. Cunningham was asked if he was satisfied with the Ministers letter or if there were further points he wished clarified. (c) (d) (e) NOTE: 4. (a) (b) (c) (d) (e) (f) (g) (h) (1) 5. - 2 - M~ Cunningham stated he was satisfied with the response. 7:45 p.m. Rev. John McDonald, B.Tb~, addressed Council seeking permission to hold a tent crusade from August 13 to August 21, 1988 on property described as Part of Lot 6, Concession 1. 7:55 p.m. Mr. and Mrs. Lorne Tudhope addressed Council seeking permission to secure a building permit to construct a residence on the E 1/2 of Lot 3, Concession 10, and further discussed a proposed agreement with the Township that would allow the issuance of the permit until such time as the severance has been finalized (P-23/88). 9:20 p.m. Mr. Ron Robinson of Ron Robinson and Associates along with the Road Superintendent Fred Haughton spoke with Council on the following topics: (a) Oro Water Systems Operation and Maintenance (b) Horseshoe Water System (c) Various Personnel Reports from the Township Road Superintendent. This portion of the meeting was held in Committee of the Whole. REPORTS OF MINICIPAL OFFICERS Monthly Activity Report for June, 1988 Memo outlining quotations for glass for ( j ) (k) Fire Chief, Paul Eenhoorn re: Fire Chief, Paul Eenhoorn re: Council furniture W. Henry Sander, Treasurer re: Conference Robert W. Small, Administrator/Clerk, confidential report re: Roads Secretary/Bookkeepper R. James, Animal Control/By-law Enforcement Officer re: dog complaint in Shanty Bay R. James, Animal Control/By-law Enforcement Officer re: Monthly Activi y Report for the month of June, 1988 Robert W. Small, Administrator/Clerk report re: Renewal of the Township Lease with Mr. John Buckley (Oro Memorial Park) Fred Haughton, Road Superintendent, confidential report re: hiring of Road Employees Fred Haughton, Road Superintendent, report re: 3-Way Stop on Ward and Speed Limit reduction on Broadview Avenue Fred Haughton, Road Superintendent, report re: Employee Status Changes Fred Haughton, Road Superintendent, report re: John T. Canning, Oro Town Line Striping Beverly Nicolson, Township Planner, report re: Tent Crusade Beverly Nicolson, Township Planner, report re: Permission to construct a second residence on the E 1/2 of Lot 3, Concession 10 request to attend Municipal Finance (1) (m) COMMUNICATIONS (a) City of Toronto re: Provincial Bill 119, an Act to Amend the Ontario Lottery Corporation Act Rev. John McDonald, Calvary Community Church re: tent crusade City of Orillia re: Township of Oro appointment of Fire Chief to a Technical Committee on the 911 Emergency Telephone System Peter Simpson re: Detention Centre Bayview Road Ratepayers Assoc. re: Maintenance of Bayview Road c.W. Grant, P. Eng., Ainley & Associates Limited re: Engineering Report for the Oro Township Community Arena Michael W. Shain, Solicitor, Stewart, Esten re: confidential corre re: Road Allowance between Lots 20 & 21, Concession 14 R.G. Robinson & Associates re: Township of Oro report on Water Systems Operation and Maintenance E.C.S. re: Draft Report, Township of Oro Feasibility Study of Library Services Maurice Truax, Garbage Contractor re: Barlow garbage complaint and bin at the Hawkestone dock Walter Jasinski re: refund for 1986-87 taxes for Lots 1 & 2, Plan 6 5 Lakeside Engineering Ltd. re: confidential correspondence re: p Industrial/Commercial facility Mr. & Mrs. H. Evans re: confidential correspondence re: Lot 30, Plan (b) (c) (d) (e) (0 (g) (h) (1) ( j ) (k) (1) (m) - 3 - (n) R.C. Robinson and Associates re: Harbourwood Subdivision Phase IIA reduction in Letter of Credit (0) Debra Finlay re: garbage complaint re: Lot 58, Concession 5 (p) Mr. & Mrs. Lorne Tudhope re: Severance Application P-23/88 (q) Stevenson-McCluskey Insurance re: legal expense coverage (r) Stewart, Esten re: Oro vs B.A.F.M.A. Inc. (confidential) (s) Agreement between Township of Oro and Indian Park Association re: water system (t) Knox, Martin, Knetch Ltd. re: confidential correspondence re: Horseshoe Highlands Phase 2 and water supply system Motion No. 1 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Regular Meeting held on July, 4, 1988 be adopted as printed and circulated. Carried. Motion No.2 Moved by Caldwell, seconded by Burton Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. Motion No.3 Moved by Swerdon, seconded by Burton Be it resolved that the report from Fire Chief Paul Eenhoorn concerning his Activity Report for the month of June, 1988 be received. Carried. Motion No. 4 (A) Moved by Swerdon, seconded by Burton Be it resolved that Motion No.4 be tabled until P.A. System has been installed. Defeated. Motion No.4 (B) Moved by Caldwell, seconded Burton Be it resolved that the Memo from Fire Chief Paul Eenhoorn concerning the quotations for glass to be used on the top of the Council furniture be received and further the Administrator/Clerk be authorized to order 6 pieces of clear glass, not tempered, from Lake Simcoe Glass at a cost of $976.00 plus the appropriate tax. Defeated. Motion No. 5 Moved by Caldwell, seconded by Burton Be it resolved that the Treasurer and the Assistant Treasurer be allowed to attend the Municipal Finance Conference to be held September 28, 29, and 30, 1 in London, Ontario. Carried. Motion No.6 Moved by Swerdon, seconded by Burton Be it resolved that the memo from the Animal Control/By-law Enforcement Officer Robert James concerning dogs in the area of the Shanty Bay dock be received and further that the Administrator/Clerk is to prepare the appropriate by-law prohibiting dogs from this area. Carried. - 4 - Motion No.7 Moved by Swerdon, seconded by Caldwell Be it resolved that the report from Robert James, Animal Control/By-law Enforcement Officer for the month of June be received. Carried. Motion No.8 Moved by Swerdon, seconded by Burton Be it resolved that the Corporation of the Township of Oro endorses the City of Toronto's position related to Provincial Bill 119, an Act to Amend the Ontario Lottery Corporation Act and further that the Administrator/Clerk be directed to send this endorsement to the Premier of Ontario. Recorded Vote requested by Reeve Drury: Councillor Swerdon Councillor Caldwell Councillor Burton Reeve Drury yea yea yea nay Carried. Motion No. 9 Moved by Caldwell, seconded by Burton Be it resolved that the correspondence from Rev. John McDonald concerning a tent crusade to be held at the following location described as Part Lot 6, Concession 1, on the following dates of August 13th - 21st, 1988 be approved under the following conditions: as listed in the Township Planner's report dated July 18, 1988 at no cost to the Township. Carried. Motion No. 10 Moved by Swerdon, seconded by Burton Be it resolved that the Report of Township Planner, Beverly Nicolson concerning the tent crusade be received. Carried. Motion No. 11 Moved by Caldwell, seconded by Burton Be it resolved that the Report of Township Planner, Beverly Nicolson re: permission to construct a second residence on the E 1/2 Lot 3, Concession 10 be received. Carried. Motion No. 12 Moved by Burton, seconded by Caldwell Be it resolved that the Township of Oro accept the Agreement/Affidavit dated July 15, 1988 between the Township of Oro and Mr. Lorne Tudhope subject to the review of the Township Solicitor in order to allow Mr. Tudhope to obtain a building permit. Carried. Motion No. 13 ~ Moved by Burton, seconded by Swerdon Be it resolved that the report from Fred Haughton, Road Superintendent concerning the reduction in speed limit and the installation of a 3-Way Stop be received and adopted and further the Adminsitrator/Clerk advise the Broadview Beach Ratepayers Association that Council is not in favour of the installation of the 3-Way Stop but will proceed to pass a By-law lowering the speed limit. Carried. - 5 - Motion No. 14 Moved by Swerdon, seconded by Burton Be it resolved that the Report from Road Superintendent Fred Haughton with regards to John T. Canning, Oro Town Line Striping be received and adopted. Carried. Motion No. 15 Moved by Caldwell, seconded by Burton Be it resolved that Fire Chief Paul Eenhoorn be appointed to the Technical Task Force Committee to study and report on the implementation of a 911 Emergency Telephone System for Orillia and area. Carried. Motion No. 16 Moved by Burton, seconded by Caldwell Be it resolved that the correspondence from Mr. Peter Simpson concerning the Oro Lea Youth Centre be received and further the Administrator/Clerk indicate to Mr. Simpson the sale and use of the old municipal building was done within the clearly defined rules and procedures of the Township's Official Plan and Zoning By-law, which was not the case with Mr. Simpson's proposal and unfortunately the Township was forced into using its resources to have the proponent comply with the Municipality's existing by-laws. Recorded Vote requested by Councillor Burton Councillor Swerdon Councillor Burton Councillor Caldwell Reeve Drury yea yea yea yea Carried. Motion No. 17 Moved by Burton, seconded by Swerdon Be it resolved that the Engineering Report for the Oro Township Community Arena prepared by Ainley & Associates Ltd. be received and further the Arena Manager/Parks Superintendent include the maintenance work as well as an additional dehumidifier in his 1989 budget. Carried. Motion No. 18 Moved by Caldwell, seconded by Burton Be it resolved that the draft report from the firm of Environmental Consulting Services with regards to the Township of Oro Feasibility Study of Library Services be received. Carried. Motion No. 19 Moved by Swerdon, seconded by Burton Be it resolved that the letter Township of Oro concerning Mr. Hawkestone dock be referred to on Monday, July 25, 1988. from Mauric~ Truax, Garbage Contractor for the Robert Barlow's complaint and the bin at the the Committee of the Whole Meeting to be held Carried. Motion No. 20 Moved by Burton, seconded by Swerdon Be it resolved that the correspondence from Mr. Walter Jaskinski concerning a request for reimbursement for 1986 taxes not be granted on the basis that the Municipality djd not authorize permission to use Lots 1 and 2, Plan 655 owned by Mr. Jasinski. Recorded Vote requested by Councillor Burton Councillor Burton yea Reeve Drury yea Councillor Caldwell yea Councillor Swerdon yea Carried. - 6 - Mot ion No. 21 Moved by Burton, seconded by Caldwell Be it resolved that the confidential correspondence from with regards to Lot 30, Plan 709 be received and further to a future Committee of the Whole Meeting. Mr. & Mrs. H.F. Evans that they be invited Carried. Motion No 22 Moved by Burton, seconded by Caldwell Be it resolved that the correspondence from R.G. Robinson and Associates Ltd. concerning a request from the Developers of Phase IIA of Harbourwood Subdivision to reduce their security be granted with the stipulation that the following paragraph is included in their Letter of Credit: "It shall be deemed to be automatically extended without amendment for one year from the present or any future expiration date hereof unless thirty (30) days prior to any such expiration date, we shall notify you in writing, by registered mail, that we elect not to consider this Letter of Credit renewed for any such additional period." Carried. Motion No. 23 Moved by Swerdon, seconded by Burton Be it resolved that we go into Committee of the Whole @ 9:20 p.m. with Fred Haughton and Ron Robinson. Carried. Motion No. 24 Moved by Swerdon, seconded by Burton Be it resolved that we rise and report from Committee of the Whole @ 10:35 p.m. Carried. Motion No. 25 Moved by Caldwell, seconded by Burton Be it resolved that the report from Road Superintendent Fred Haughton concerni Employees Status Changes b2 received and adopted. Carried. Motion No. 26 Moved by Swerdon, seconded by Burton Be it res loved that the letter from Ms. Debra Finlay with regards to a garbage complaint be referred to the Committee of thE Whole Meeting to be held on Monday, July 25, 1988 when Mr. Truax will be present. Carried. Mot ion No. 27 Moved by Burton, seconded by Swerdon Be it resolved that the confidential report from Fred Haughton, Road Superint t with regards to hiring of Road Employees be received and adopted. Carried. Motion No. 28 Moved by Burton, seconded by Swerdon Be it resolved that the confidential Clerk with regards to the renewal of be received and adopted. report from Robert W. Small, Administrator/ the Township lease with Mr. John Buckley Carried. Motion No. 29 Moved by Swerdon, seconded by Burton Be it resolved that the confidential Clerk with regards to replacement of and adopted. report from Robert W. Small, Administrator/ the Roads Secretary/Bookkeeper be received Carried. - 7 - Motion No. 30 Moved by Caldwell, seconded by Burton Be it resolved that the confidential correspondence from Michael Township Solicitor concerning the Road Allowance between Lots 20 Concession 14 be received and further the Administrator/Clerk is the Solicitor that he is to proceed to deal with this particular as outlined in his letter dated July 5, 1988. W. Shain, and 21, to advise road all Carried. Motion No. 31 Moved by Burton, seconded by Caldwell Be it resolved that the report from Township Engineers R.G. Robinson & Associates Ltd. concerning the Township of Oro water systems operation and maintenance be received and adopted. Carried. Motion No. 32 Moved by Swerdon, seconded by Burton Be it resolved that the confidential correspondence from Michael W. Shain, Township Solicitor, concerning Oro vs. B.A.F.M.A. be received and further that the Administrator/Clerk advise the Solicitor that the Corporation of the Township of Oro agrees with his request on the above noted legal matter. Carried. Motion No. 33 Moved by Swerdon, seconded by Burton Be it resolved that the correspondence from Lakeside Engineering Ltd. concerni a proposed Industrial/Commercial Facility be referred to the Township's Planning Consultant and Administrator/Clerk for a response indicating that the proposal when submitted will proceed through the Planning Advisory Committee. Carried. Motion No. 34 Moved by Burton, seconded by Swerdon Be it resolved that the correspondence from Stevenson-McCluskey Insurance be received and further that the Corporation of the Township of Oro proceed to purchase legal expense coverage outlined in the correspondence dated July 5, 1988 from the firm of Stevenson-McCluskey Insurance in the amount of $890.00. Carried. Motion No. 35 Moved by Burton, seconded by Swerdon Be it resolved that we agree in principle to the provision of a well pumphouse site adjacent to the Horseshoe Valley Road and Phase 2 of the Horseshoe Highlands Subdivision as well as on access and emergency roadway on the following conditions: (1) The well pumphouse site will be approximately 35 metres by 40 metres and deeded to the Township; (2) An asphalt access road from Country Club Lane to the well pumphouse site be deeded to the Township and permission obtained by the Developer to locate a portion of the roadway on the Country Road Allowance; (3) A feeder watermain from the well pumphouse be installed within an easement in favor of the Township and that the Developer also provide a gravel access roadway for emergency vehicles and that a suitable agreement be entered into for all maintenance and including snow plowing, whose responsibility will be Horseshoe Valley Limited. This access roadway will run from the cul-de-sac in Phase 2 to the well pumphouse site. (4) The proposed revised _ot lines terminating the cul-de-sac further south than shown on the approved draft plan be reviewed by the Township Planner for comment. The details of the said conditions will be reviewed by R.G. Robinson and Assoc e" Ltd. during final design of the subdivision services and be incorporated into the Subdivision Agreement. Carried. - 8 - Motion No. 36 Moved by Burton, seconded by Swerdon Be it resolved that we suspend Rule 7 of By-law No. 87-46 to allow the meeting to proceed past the 11:00 p.m. adjournment hour. Recorded Vote requested by Councillor Caldwell Councillor Caldwell Reeve Drury Councillor Swerdon Councillor Burton nay yea yea yea Carried. Motion No. 37 Moved by Swerdon, seconded by Burton Be it resolved that the Reeve and Clerk between the Corporation of the Township dated July 16, 1988 with regards to the to amendments to items numbered 1 and 4 during this meeting. be authorized to sign the agreement of Oro and Indian Park Association transfer of a water system; subject of the said agreement as discussed Carried. Motion No. 38 Moved by Swerdon, seconded by Burton Be it resolved that the minutes of the Oro Planning Advisory Committee Meeting held on Thursday, June 30, 1988 be received and adopted. Carried. Motion No. 39 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Oro Community Centres, Parks and Recreation Committee Meeting held on Thursday, July 7, 1988 be received and adopted. Carried. Motion No. 40 Moved by Caldwell, seconded by Burton Be it resolved that Mr. and Mrs. George Anderson and Mr. Blake Uren of Oro Sand and Stone be invited to a future Planning Advisory Committee Meeting. Carried. Motion No. 41 Moved by Caldwell, seconded by Burton Be it resolved that the Development Application of Raymond Dubeau, P2/88 to rezone Part of Lot 16, Concession 14, from M1-Industrial Exception to Industrial Exception to permit an accessory residential use is hereby recommended and further that Council proceed to set a date for the required public meeting. Recorded Vote requested by Councillor Swerdon Councillor Swerdon Councillor Burton Reeve Drury Councillor Caldwell nay yea yea yea Carried. Motion No. 42 Moved by Swerdon, seconded by Burton Be it resolved that the request of Mr. R.E. Davey and Mr. and Mrs. Ralph Thomp to amend the Official Plan to allow f01 the retention of all remaining lake accesses be deferred to the Parks and Recreation Committee for a recommendation. Carried. - 9 - Motion No. 43 Moved by Swerdon, seconded by Burton Be it resolved that the following persons representing the Rugby area be invit to the next Parks and Recreation Committee Meeting: Mr. Bill Staines and Mr. George Scott. Carried. Motion No 44 Moved by Swerdon, seconded by Burton Be it resolved that the Committee of Adjustment Applications be placed on the Planning Advisory Agendas. Carried. Motion No. 45 Moved by Burton, seconded by Swerdon Be it resolved that the application of Ms. Bev Martin and Mr. Marshall Forget be deferred to the next Planning Advisory Committee Meeting in order to receive more information on the above noted application. Carried. Motion No. 46 Moved by Caldwell, seconded by Burton Be it resolved that the enterancerates to the Oro Memorial Park be lowered to $5.00 for a vehicle plus driver plus $3.00 per person to take effect immediately on the approval of Council. Recorded Vote requested by Councillor Swerdon Councillor Caldwell Reeve Drury Councillor Swerdon Councillor Burton yea yea nay yea Carried. Motion No. 47 Moved by Caldwell, seconded by Burton Be it resolved that a Consultant be hired to review potential boat launching facilities on Lake Simcoe. Carried. Motion No. 48 Moved by Burton, seconded by Swerdon Be it resolved that the Administrator/Clerk seek a legal opinion on any ratepayer doing volunteer work on Township property. Carried. Motion No. 49 Moved by Caldwell, seconded by Burton Be it resolved that the Administrator/Clerk correspond with the Bayview Road ratepayers and advise them that the level of service provided on all Township Concession roads is basically the sa~e and in the spring break-up everyone experiences unsatisfactory driving conditions for a few weeks and Concession 4 is no exception. The next road needs study is due in 1989 at which time the priority of upgrading various roads will be reviewed and those areas with the greatest need for improvement can be identified and the appropriate action taken. Private lanes are not paid for by public funds in any part of the Township. Carried. Motion No. 50 Moved by Caldwell, seconded by Burton Be it resolved that che present policy of having the Developer responsible for payment of all maintenance and energy costs until the two year maintenance period has expired for street lighting, is to remain in effect. Carried. - 10- Mot ion No. 51 Moved by Burton, seconded by Swerdon Be it resolved that the Township Planner and Township Consultant prepare an Official Plan Amendment to include provisions for a Bed and Breakfast establishment and further that this amendment is to be reviewed by the Planning Advisory Committee. Carried. Motion No. 52 Moved by Swerdon, seconded by Burton Be it resolved that a By-law to Amend By-law No. 87-11, a By-law for the Keeping and Breeding of Purebred Dogs be introduced and read a first and second time and numbered By-law No. 88-65. Carried. That By-law No. 88-65 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 53 Moved by Caldwell, seconded by Burton Be it resolved that a By-law to Provide for the Acquisition, Maintenance and Operation of a Street Lighting System (Cedar Brook) be introduced and read a first and second time and numbered By-law No. 88-66. Carried. That By-law No. 88-66 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 54 Moved by Burton, seconded by Swerdon Be it resolved that a By-law to Provide for the Acquisition, Maintenance and Operation of a Street Lighting System (Black Forest Estates) be introduced and read a first and second time and numbered By-law No. 88-67. Carried. That By-law No. 88-67 be read a third time and finnally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 55 Moved by Caldwell, seconded by Swerdon Be it resolved that a By-law to Comfirm the Proceedings of Council be introduced and read a first and second time and numbered By-law No. 88-68. Carried. That By-law No. 88-68 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 56 Moved by Swerdon, seconded by Burton Be it resolved that we do now adjourn @ 11:32 p.m. Carried. /Jx t:EJ;;; /