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06 06 1988 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, JUNE 6, 1988 @ 7:00 P.M. - COUNCIL CHAMBERS ONE HUNDRED AND FIFTH 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 Deputy Reeve Thelma Halfacre Councillor David Burton Councillor David Caldwell Councillor Robert Swerdon Also present were: J. Bruce French, Kathryn French, Eva Marton, Las Marton, Nelson Graves, Jean Graves, Don Morrison, Doug Fairbrother, Bill Logie, Art Love, V. Law, W. Law, J.K. Martin, Garry Harris, Bill McConnell, Larry Wood, Rose Marie Mace, Ron Mace, Iva Lemay, Lorne Carter, Marion Carter, Tracey Carter, Marilyn Swerdon, Terri Lord, Jerry Burden, Ian Postnikoff, Ellen Fox, Amy Weisman, Linda Portsmith, T.A. Portsmith, John Honsberger, Neil Hickling, Bernice Hickling, Pat Vincent, Stephen Woodrow, Pat McConnell, Lynda Crawford, Dorothy Hesser, Ian Rowe, 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) Sandra L. Jantunen re: Bed and Breakfast (b) O.M.B. re: date for Peacock Hearing, July 29, 1988 (c) G. Martin Sernas re: request to appear before Council re: Sugarbush Phase 3 (d) David S. White, Township Solicitor, confidential correspondencE re: Oro sale to Van Campen (e) David S. White, Township Solicitor, confidential correspondencE re: Oro sale to Allman (f) E. Marshall Green, confidential correspondence re: Township of Oro and Hastings (g) African Episcopal Methodist Church Service Program for Sunday, June 12, 1988 (h) Ministry of Transportation re: Inspection of Wesley Heights and Oro Hills Subdivisions for subsidy purposes (i) R.G. Robinson & Associates Ltd. re: Inspection Report of Wesley Heights and Orc Hills Subdivisions (j) Ontario Hydro re: Street Lighti~in New Subdivisions, Payment of Energy and Maintenance 3. DEPUTATIONS: (a) 7:15 p.m. Mr. Ron Mace representing area Ratepayers who were present at the meeting addressed Council concerning an upopened Road Allowance known as the deviation of Colborne Street. r. Mace: The area represented here is from the 1st Concession at the City Boundary, Georgina Drive and Barrie Terrace, as well as Baycrest Drive and Colborne Street. It is the residents in the immediate area who have access to this Road Allowance. We have gathered this petiti0n asking that the road allowance not be sold and made accessible for the ratepayers. This is the only lake access left at this end of the Township and the shoreline is all used up. - 2 - If Council is not careful, they're going to create two types of citizens here: those who have access , to the lake by owning the property and those who don t We are asking that this petition be seriously considered. Mr. Mace: I am totally opposed to anymore waterfron lots being sold. I would not support selling usable and developable waterfront lots but where we do have lake access that cannot be it would be far better to sell them and those funds to improve the lots that can be developed. I support that we do not sell this one but I do agree with Councillor Caldwell that if there are lots that are not usable, that we should be selling them. Deputy Reeve Halfacre: Councillor Caldwell: Councillor Burton: Councillor Swerdon: I am not in favour of selling anymore lake accesses. These properties cannot be rep and the suggestion of trying to get more accesses should be seriously exercised. Reeve Drury: I can see no reason in selling this access at Colborne Street because it can be developed and made into a very good lake access. Once it is developed though, it would be open to the public at large and not just the Township residents. The matter we will be dealing with later on in this meeting In-Camera is not an offer to purchase on this property. Mr. Mace: There has been some question on the boundary of the road allowance and could the Municipality supply us the defined boundary on the property? Reeve Drury: We do not have the information available at the present time and once we can supply you the boundary we will. I would also like to mention that Township policy has been that any parks that are going to be opened up and improved that we try to encourage the neighbours to do it. Once it is opened up and approved the Township would take over and spray the weeds, cut the grass, etc. (b) 7:30 p.m. ( c ) 8:15 p.m. (d) 9 : '4 0 p. m . The Reeve asked if there was anyone present who would like to question any of the Tax Adustments being made under Sections 496 and 495 of the Municipal Act. Mr. Michael Shain, Mr. David White, Township Solicitors and Mrs. Dorothy Hesser, Mr. Ian Rowe, Solicitor and Mr. Rod Burnham spoke to Council with regards to an unopened road allowance known as the Deviation of Colborne Street. . Also discussed at this time by Solicitor Michael Shain was the recent court decision concerning Oro vs B.A.F.M.A. Note: This portion of the meeting was held in Committee of the Whole Mr. G. Martin Sernas and Mr. J. DeMartini spoke to the Committee with regards to qervic of the Third Phase of the proposed Sugarbush Subdivision. Mr. R.G. Robinson of R.G. Robin and Associates Ltd. was also present along Township Solicitor David S. White. Note: This portion of the meeting was held in Committee of the Whole - 3 - (e) 10:15 p.m. Mr. David Woronka of the Barrie Examiner spoke to Council with regards to advertising for the Official Opening of the New Municipal Building. (f) 10:25 p.m. Mr. Fred Haughton, Road Superintendent, spoke to Council with regards to the construction of the 13th Line above County Road No. 11 and also reported on the correspondence received from Mrs. Eleanor Laity concerning a ditch on the Lakeshore Road. 4. REPORTS OF MUNICIPAL OFFICERS: (a) Jim Shellswell, Chief Building Official re: Building Report for May, 1988 (b) Report of Livestock Valuer Bruce Anderson re: Stanley Agar (c) Robert James, Animal Control/By-law Enforcement Officer confidential memo re: Body Shop (d) Robert James, Animal Control/By-law Enforcement Officer confidential memo re: garbage complaint (e) Kate McIntyre, Day Camp Director re: purchase of a raft for the Oro Day Camp 5. COMMUNICATIONS: (a) Mrs. Buffi Woronka, Oro Quilt Group re: quilt for New Municipal Building (b) Randy Wuensch, Oro Firefighters Association re: operation of Beer Tent for Barrie Speedway (c) J. DeMartini re: street names for proposed Sugarbush Phase 3 (d) Eleanor Laity re: ditch on Lakeshore Road (e) Ellen Fox re: Lot 25, Plan 979 (f) R.G. Robinson and Associates re: Cedarbrook Pumping Station (g) A.M.O. re: 1988 County and Regional Section Conference (h) Morris and Georgena Douglas re: confidential agreement of purchase and sale 6. OTHER BUSINESS (a) Council discussed the 1988 Grant to the Oro Horticultural Society in light of the recent work they have performed for the Municipality concerning the landscaping of the new Municipal Building. (b) Council directed the Administrator/Clerk to send a letter of appreciation to Mrs. Kinsey for the recent art work presented to Council. (c) The Administrator/Clerk was directed by Council to send a letter to the Petitioners concerning the deviation of the unopened Road Allowance known as Colborne Street and further that a copy of this letter be sent to all members of Council. (d) The Township Solicitor David S. White advised those present at the meeting concerning the unopened road known as the Deviation of Colborne Street that they should not trespass over this propeFty as the Municipality is in a boundary dispute and further there is some dispute over property title and anyone who does trespass, does so at his or her own risk. Motion No. 1 Moved by Swerdon, seconded by Burton Be it resolved that the minutes of the Regular Meeting held on Monday, May 16, 1988 be adopted as printed and circulated. Carried. - 4 - Motion No. 2 Moved by Halfacre, seconded by Caldwell Be it resolved that the minutes of the Special Meeting held on Monday, May 30, 1988 be adopted as printed and circulated.Carried. Motion No. 3 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. 4 Moved by Burton, seconded by Swerdon Be it resolved that the report from the Chief Building Official Jim Shellswell concerning his monthly activity report for the month of May 1988 be received. Carried. Motion No. 5 Moved by Caldwell, seconded by Halfacre Be it resolved that the Report from the Livestock Valuer Bruce Anderson for livestock killed owned by Mr. Stanley Ager at an estimated value of $300.00 be received, and further the Treasurer be authorized to issue a cheque to Mr. Stanley Ager in the amount of $300.00. Carried. Motion No. 6 Moved by Swerdon, seconded by Burton Be it resolved that the confidential report from Animal Control/ By-law Enforcement Officer Robert James concerning the possible operation of a car body shop be received. Carried. Motion No. 7 Moved by Halfacre, seconded by Caldwell Be it resolved that the confidential report from Robert James, Animal Control/By-law Enforcement Officer concerning a garbage complaint be received. Carried. Motion No. 8 Moved ~y Halfacre, seconded by Caldwell Be it resolved that the correspondence received from Mrs. Buffi Woronka concerning the donation of a quilt to the municipal building be received and further that they be placed on the agenda for Monday, June 13, 1988. Carried. Motion No. 9 Moved by Caldwell, seconded by Halfacre Be it resolved that the Corporation of the Township of Oro no objection to the Oro Firefighters Association operating beer tent at the Barrie Speedway on the following dates: July 9th and 10th; August 6th, 7th & 13th; September 9th, & 11th, 1988. has a 10th Carried. Motion No. 10 Movej by Burton, seconded by Swerdon Be it resolved that the Corporation of the Township of Oro accepts the proposed street names for the proposed 3rd Phase of the Sugarbush Subdivision as outlined in Monica Interior Designs Ltd. letter dated May 31, 1988. Carried. - 5 - Motion No. 11 Moved by Burton, seconded by Swerdon 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 reduction be accepted and further the appropriate tax adjustments be applied. Carried. Section 496 1. William and Isabelle Fawcett, WPT Lot 17 & 18, Conc. 9. This property has been inadvertently overcharged by reason of a gross error in calculation on the assessment roll, therefore the owners are entitled to an adjustment in taxes from January 1 to December 31, 1988. Taxes will be cancelled based on the public residential assessment of $1540. 2. Robert Edward Bennett, WPT Lot 6, Conc. 11. The house on this property was razed by fire in December 1987, therefore the owner is entitled to a cancellation of building taxes from January 1 to December 31, 1988. Taxes will be cancelled based on the public residential assessment of $678. 3. Donald Jacobson, Jakls Automotive, NPT Lot 14, Conc. 14. This occupant ceased to carryon business at this location in 1987. Taxes to be cancelled based on the business public assessment of $540 from October 1 to December 31, 1987. 4. Donald William McDougall, NPT Lot 14, Conc. 14. Since Tenant 0001 (Donald Jacobson) ceased to carryon business at this location on October 1, 1987, it is recommended that taxes to the owner be cancelled on a conversion of rates from commercial public to residential public, based on the occupant assessment of $1812 from October 1 to December 31, 1988. 5. Raymond Edward Scott, WPT Lot 27 & 28, Conc. 3. This occupant ceased to carryon business at this address as of January 1, 1988. Business taxes based on the business public assessment of $595 are to be cancelled from January 1 to December 31, 1988. 6. Garfield Burton, Trustee, Oro Station Community Hall, WPT Lot 24, Conc. 8. This property has been inadvertently overcharged by reason of a gross error in calculation, it is recommended that taxes be cancelled from January 1 to December 31, 1988 based on the residential public assessment of $1416. 7. Bernice Lynch, Lot 36 and 106, Plan 626. The cottage and garage on this property was torn down in October 1987. The owner is therefore entitled to a cancellation of building taxes from November 1 to December 31, 1987 based on the public residential assessment of $372. 8. George and Catherine Timmons, Pt. Lot 20, Cone. 13. The barn on this property was razed by fire on October 12, 1987. The owner is therefore entitled to a cancellation of building taxes based on the public residential assessment of $348 from November 1 to December 31, 1987. 9. Elliot Krangle, Pt. Lot 22 & 23, Plan 1151. The cottage on this property was destroyed by a falling tree in July 1987 and is therefore entitled to a cancellation of building taxes from August 1 to December 31, 1987 based on tre public residential assessment of $657. - 6 - Section 495(1) Uncollectable Business Tax Vid Gustain, Pt. Lot 20, Cone. 10. 1981 Business Tax $342.73, 1982 Business Tax $147.71 plus penalty $493.97. Emanuel Nifsud, Lot 2, Plan 1195, 1982 Business Tax $249.90 plus penalty of $212.25. Leon Victor O'Brien, WPT Lot 26, Cone. 8, 1981 - 1985 inclusive, unpaid Business Tax $688.28 plus penalty of $535.95. Darlene Knicely, Part Lot 20, Cone. 10, 1982 Business Tax $120.39 plus penalty of $102.08. Howie, hydro arrears $177.30. Foster, hydro arrears $503.27. Barrie Speedway 1978 Limited - Credit Bureau Collections, charges written off $200.00. Motion No. 12 Moved by Caldwell, seconded by Halfacre Be it resolved that correspondence from Eleanor Laity concerning a ditch located on Lakeshore Road be referred to the Road Superintendent for a report back to Council. Carried. Motion No. 13 by Swerdon, seconded by Burton Be it resolved that the correspondence from Mrs. Ellen Fox concerning Lot 25, Plan 979 be received and filed. Carried. tion No. 14 Moved by Swerdon, seconded by Burton Be it resolved that the letter from R.G. Robinson of R.G. Robinson & Associates Ltd. concerning the installing of a well pump and pressure tanks in an emergency situation at the Cedarbrook pumping station be received and further that Mr. Robinson's actions that were taken to resolve this matter be approved. Carried. tion No. 15 by Caldwell, seconded by Halfacre Be it resolved that the correspondence from the Association of Municipalities of Ontario concerning the 1988 County and Regional Section Conference be received and filed. Carried. Motion No. 16 Moved by Swerdon, seconded by Burton Be it resolved that the following correspondence be received and filed: (8h) Morris and Georgena Douglas re: confidential agreement of purchase and sale. Carried. Motion No. 17 Moved by Halfacre, seconded by Caldwell Be it resolved taat the Agenda for the Committee of Adjustment ting to be held on Tuesday, June 14, 1988 be received. Carried. - 7 - Motion No. 18 Moved by Burton, seconded by Swerdon Be it resolved that the Agenda and Minutes of the May 31, 1988 Meeting of the Oro History Committee be received. Carried. Motion No. 19 Moved by Burton, seconded by Swerdon Be it resolved that the Corporation of the Township of Oro supports the Township of Oro History Committee's proposal to erect a plaque in memory of the Author Marian Keith on property presently owned by Mr. Alex Johnston known as the East Part Lot 4, Concession 11, Township of Oro. Carried. Motion No. 20 Moved by Caldwell, seconded by Halfacre Be it resolved that Report No. 88-10 of the Committee of the Whole Meeting held on Monday, May 30, 1988 be adopted as printed and circulated. Carried. Motion No. 21 Moved by Swerdon, seconded by Burton Be it resolved that the three generations of Clerk-Treasurers pictures be hung in the foyer of the new Municipal Building prior to the opening to be held on Friday, June 17, 1988. Carried. Motion No. 22 Moved by Halfacre, seconded by Caldwell Be it resolved that the Council increase the contribution to $500.00 to the Oro Horticultural Society for 1988. Carried. by Halfacre, seconded by Swerdon it resolved that we go into Committee of the Whole @ 8:20 p.m. Carried. Motion No. 24 Moved by Halfacre, seconded by Swerdon Be it resolved that we rise and report from Committee of the Whole @ 9:30 p.m. Carried. otion No. 25 oved by Burton, seconded by Halfacre it resolved that we go into Committee of the Whole 9:35 p.m. Carried. otion No. 26 oved by Swerdon, seconded by Burton resolved that we rise and report from Committee of the @ 10:15 p.m. Carried. - 8 - by Halfacre, seconded by Caldwell resolved that the Corporation of the Township of Oro an advertisement in the Barrie Examiner for the opening the New Municipal Building at a cost of $591.00 in the form an insert. Recorded vote requested by Councillor Caldwell: Deputy Reeve Halfacre Councillor Caldwell Reeve Drury Councillor Swerdon Councillor Burton yea yea yea yea yea Carried. by Caldwell, seconded by Burton it resolved that Council of the Corporation of the Township Oro direct Michael Shain, Township Solicitor to appeal recent court decision concerning the Barrie Automotive ea Market Association. corded vote requested by Councillor Caldwell: Councillor Swerdon Reeve Drury Councillor Caldwell Deputy Reeve Halfacre Councillor Burton otion No. 29 nay yea yea nay yea Carried. by Caldwell, seconded by Halfacre resolved that we suspend Rule 7 of By-law 87-46 to the meeting to proceed past the 11:00 p.m. adjournment vote requested by Councillor Caldwell: Councillor Caldwell Reeve Drury Councillor Burton Councillor Swerdon Deputy Reeve Halfacre otion No. 30 yea yea yea yea yea Carried. oved by Halfacre, seocnded by Caldwell e it resolved that a By-law to Amend By-law No. 1311/83, By-law for the Licencing and Control of Dogs be introduced nd read a first and second time and numbered By-law 88-53. Carried. hat By-law No. 88-53 be read a third time and finally passed, e engrossed by the Clerk, signed and sealed by the Reeve. ecorded vote requested by Councillor Caldwell: Councillor Burton Councillor Caldwell Reeve Drury Deputy Reeve Halfacre Councillor Swerdon yea yea yea yea yea Carried. ~ , - 9 - Motion No. 31 Moved by Swerdon, seconded by Burton Be it resolved that a By-law to Amend By-law No. 1031 (Sugarbush Phase 3 Rezoning) be introduced and read a first and second time and numbered By-law No. 88-54. Carried. That By-law No. 88-54 be read a third time and finally assed, be engrossed by the Clerk, signed and sealed by the Reeve. Recorded vote requested by Councillor Caldwell: Deputy Reeve Halfacre Councillor Caldwell Reeve Drury Councillor Burton Councillor Swerdon yea yea yea yea yea Carried. otion No. 32 oved by Burton, seconded by Swerdon e it resolved that the Administrator/Clerk be authorized o purchase a raft to be used for the Red Cross Swimming rogram at the 1988 Oro Day Camp Program at a cost of 500.00 plus tax. Carried. otion No. 33 oved by Swerdon, seconded by Burton e it resolved that a $5,000.00 expenditure be authorized o asphalt the 13th Line above County Road No. 11 in ccordance with the Agreements between the Corporation of he Township of Oro and the two gravel pit owners. Carried. otion No. 34 oved by Halfacre, seconded by Caldwell e it resolved that a By-law to Confirm the Proceedings of ouncil be introduced and read a first and second time and umbered By-law No. 88-55. Carried. hat By-law No. 88-55 be read a third time and finally passed, e engrossed by the Clerk, signed and sealed by the Reeve.Carried. otion No. 34 oved by Caldwell, seconded by Halfacre e it resolved that we do now adjourn @ 11:22 p.m.