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02 15 1988 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO MONDAY, FEBRUARY 15, 1988 - COUNCIL CHAMBERS NINETY-THIRD 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 Mr. Henry Neufeld, Mr. Ron Watkin, Mr. Bud Arbour, Mr. Allan McLean, M.P.P., Mr. George A. MacKay, Mr. & Mrs. Howard Campbell, Mr. Ken Gilchrist, Mr. Gord Teskey, Mr. Jack Nixon, Mr. David White, Mr. Tony Cooksley, Mr. Dwight Taylor, and one member of the press. e Also present were: 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 2. (a) (b) ( c) (d) (e) ( f ) (g) (h) ( i ) ( j ) (k) e (1) (m) (n) (0 ) (p) (q) (r) ( s ) (t) None Declared. Consent Agenda J.A.J. Knox of Knox, Martin, Kretch Ltd. re: Horseshoe Highlands Phases 1 and 2 Draft Plan, proposed Park System Allan K. McLean, M.P.P. re: Ombudsman attending African Church's Special Anniversary on June 12, 1988 R.E. Young, Ministry of the Environment re: Shelswell Subdivision (Harbourwood Subdivision) Plan M-118, Waterworks Expansion Orillia Sun re: advertising in future editions J.A.J. Knox of Knox, Martin, Kretch Ltd. re: Horseshoe Highlands Entrance Boulevards J.A.J. Knox of Knox, Martin, Kretch Ltd. re: Horseshoe Highlands Phase 2 Draft Plan Road J.A.J. Knox of Knox, Martin, Kretch Ltd. re: Oro Township Fourth Line Ministry of Natural Resources re: Declaration of Flood Emergencies and Flood Response Plans I. Kulnieks, P.Eng., Ministry of the Environment re: Harbourwood Subdivision Construction of watermains prior to approval Ministry of Municipal Affairs re: Report of Advisory Committee on County Government Paul Hermiston, Stewart, Esten re: Township of Oro and Glendening Farm Ltd. - Discoveries of Mr. & Mrs. Levison A.M.a. re: A.M.a. Board Responds to Proposal for Municipal Referendum on Sunday Shopping O.M.B. re: Date of Hearing re: Appeal by 576487 of Committee of Adjustment Dismissal of Application A25/87 B.A.F.M.A. R.A. Bradford, Information Orillia re: Information Budget 19 8 O.R.U.M. re: Annual Conference from May 4 to May 7, 1988 Ministry of the Environment re: Craighurst Water System Ministry of Municipal Affairs re: Community Planning Grant Application Ministry of Municipal Affairs re: Approval of Official Plan Amendment No. 26 R.J. Meadley, Ainley & Associates re: Lakewood Subdivision Michael W. Shain, Solicitor re: Oro Sand and Stone Ltd. and R.H. Stewart Construction - 2 - 3. Deputations: \e 4. (a) (b) (c) (d) (e) ( f ) (g) (h) ( i ) ( j ) 5 . (a) e (b) ( c) (d) (e) ( f ) (g) (h) (a) 7:30 p.m. Mr. Ron Watkin, Planning Consultant of Ainley & Associates Ltd. spoke to Council with regards to Official Plan Amendment No. 26 and in particular, the requested deferral/referral of Part of Lot 6, Concession 14. (b) 8:45 p.m. Mr. Gord Teskey, Solicitor and Mr. Jack Nixon, spoke to Council with regards to the proposed Subdivision Agreement for the Oro Hills Subdivision. Mr. David White, Township Solicitor, also was present. (This portion of the meeting was held in Committee of the Whole) (c) 10:40 p.m. Mr.R.A. Cooksley, spoke to Council regards to pending litigation with respect to the location of his garage on Lot 13, R.P. 875, Conc. 9. Also present was Township Solicitor Mr. Davi White. (This portion of the meeting was held in Committee of the Whole) Reports of Municipal Officers Ron Watkin, Planning Consultant, Ainley & Associates re: O.P. #26 and requested Deferral/Referral Part Lot 6, Concession 14 Fred Haughton, Road Superintendent re: Drainage from parking lot at the New Municipal Building Fred Haughton, Road Superintendent, Confidential Report re: Accident at 13th Line and 15/16 Sideroad Henry Sander, Treasurer, Statement of Remuneration and Expenses paid to Members of Council, Local Boards and Committees Holly Spacek, Township Planner, Memo re: Attending Committee of Adjustment Seminars Fred Haughton, Road Superintendent re: confidential memo regarding wage adjustment Robert James, Animal Control/By-law Enforcement Officer re: Activity Report for January, 1988 Robert James, Animal Control/By-law Enforcement Officer re: Untidy Yard By-law Paul Eenhoorn, Fire Chief, Report re: Attending Fire Chiefs Conference Paul Eenhoorn, Fire Chief, Report re: 1987 Year End Report and January 1988 Activity Report Communications J.L. Ellard, Ministry of the Solicitor General re: Training and Education Programs available at the Canadian Emergency Preparedness College, Arnprior, Ontario Oro Marigold Senior Citizens re: request for 1988 Grant R.A. Cooksley re: confidential correspondence regarding moving of garage Paul and Lynda Miller re: Sunday Shopping Alec Scott, Ministry of the Environment re: 31 Part Drums Asphalt Peter Lamprey, Solicitor re: Shanty Bay Community School Centre, outstanding Loan County of Simcoe, Resource Development Department re: designating Highway #93 the "Drury Heritage Highway" F.M. Townes, Village of Elmvale re: resolution of Sunday Store Openings - 3 - " (i) Fanshaw College re: Environmental Protection through Waste Management (j) Harry S. Cooper, Solicitor re: reduction in Letter of Credit for Pam-Reg Holdings (Audubon Estates) (k) Michael W. Shain, Solicitor re: confidential letter regarding Oro vs. Cooksley 6. Other Business e (a) At 8:00 p.m. Reeve Robert E. Drury, at this point in the meeting, indicated that this would be the last Council Meeting held in the present municipal building and at this time he gave the former Reeves who were present at this meeting, an opportunity to address Council on some of the experiences they had had while on Council. Also former Clerk Henry Neufeld was asked by the Reeve to give his comments on some of his experiences in the present municipal building as Clerk for the Township of Oro. (b) Councillor Robert Swerdon wanted it noted that items 6(b) and (c) in the minutes of the February 1, 1988 Council Meeting were intitiated by him at that particular Council Meeting. (c) Council directed the Administrator/Clerk to prepare a list of emergency numbers to be given to the Reeve in case of emergencies. Motion No. 1 Moved by Swerdon, seconded by Burton Be it resolved that the minutes of the Regular Meeting held Monday, February 1, 1988 be adopted as printed and circulated. Carried. Motion No. 2 Moved by Halfacre, seconded by Caldwell Be it resolved that the accounts as presented for the period ending Monday, February 15, 1988 in the amount of $135,630.59 plus payroll for the period ending February 11, 1988 in the amount of $22,988.35 in accordance with the computer print-out presented to Council be approved for payment. Carried. Motion No. 3 Moved by Burton, seconded by Swerdon . Be it resolved that the road expenditures for the period ending February 15, 1988 be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $36,513.51. Carried. Motion No. 4 Moved by Caldwell, seconded by Halfacre Be it resolved that the recommendations listed on the Consent Agenda, Item No.5, be approved. Carried. Motion No. 5 Moved by Burton, seconded by Swerdon Be it resolved that tre Report from Road Superintendent Fred Haughton with regards to the drainage of the parking lot at the new municipal building be received and adopted. Carried. - 4 - ~ ! I Motion No. 6 Moved by Halfacre, seconded by Caldwell Be it resolved that the confidential report from Fred Haughton, Road Superintendent with regards to an accident at the 13th Line and 15/16 Sideroad be received. Carried. Motion No. 7 Moved by Swerdon, seconded by Burton e Be it resolved that the statement of the Treasurer as of December 31, 1987 with regards to the remuneration and expenses paid to members of Council, Local Boards and Committees as per the requirements of the Municipal Act, be received. Carried Motion No. 8 Moved by Halfacre, seconded by Caldwell Be it resolved that the members of the Committee of Adjustment and Secretary/Treasurer be allowed to attend the Spring seminar for Secretary/Treasurers and Committee of Adjustment Officials to be held in Toronto on Friday, March 25, 1988. Carried. Motion No. 9 Moved by Swerdon, seconded by Burton Be it resolved that the confidential report from Road Superintendent Fred Haughton with regards to two hourly paid road staff be received and adopted. Carried. Motion No. 10 Moved by Caldwell, seconded by Halfacre Be it resolved that the Report from Robert James, Animal Control/By-law Enforcement Officer with regards to his monthly report for January 1988 be received. Carried. Motion No. 11 Moved by Swerdon, seconded by Burton Be it resolved that the Animal Control/By-law Enforcement Officer Robert James be allowed to proceed with litigation under the Untidy Yard By-law as outlined in his report dated February 9, 1988. Carried. Motion No. 12 Moved by Halfacre, seconded by Caldwell . Be it resolved that the Report from Ron Watkin, Planning Consultant, Ainley & Associates with regards to Official Plan Amendment No. 26 and requested deferral/referral Part Lot 6, Concession 14, be received. Carried. Motion No. 13 Moved by Halfacre, seconded by Caldwell Be it resolved that the Administrator/Clerk correspond with the Ministry of Municipal Affairs and advise them that their request for deferral/referral for Part Lot 6, Concession 14, is invalid and therefore this request should not be considered by the Minister because of th,~ following: (a) these lands are not part and parcel of Official Plan Amendment No. 26 and therefore the request for deferral/referral is made to the approved Official Plan Amendment No. 15. As the boundary line of the schedule is the only change of the designation, therefore were not before the Ministry for approval. - 5 - (b) Council of the Corporation of the Township of Oro has not received any applications, report studies or proposals, and thus is not aware of any development here or the necessity of any land use change. Recorded vote requested by Councillor Caldwell: Councillor Burton Deputy Reeve Halfacre Reeve Drury Councillor Caldwell Councillor Swerdon yea yea yea yea yea Carried. e Motion No. 14 Moved by Burton, seconded by Swerdon Be it resolved that Fire Chief Paul Eenhoorn's request to attend the Annual Fire Chief's Conference to be held on May 1st through 5th, 1988 at Chatham be received and adopted. Carried. Motion No. 15 Moved by Caldwell, seconded by Halfacre Be it resolved that the Report from Fire with regards to his Fire Report for 1986 received and further, his monthly report also be received. Chief Paul Eenhoorn and 1987 be for January 1988 Carried. Motion No. 16 Moved by Halfacre, seconded by Caldwell Be it resolved that the request of the Oro Marigold Senior Citizens for a grant be referred to the 1988 Budget. Carried. Motion No. 1 Moved by Burton, seconded by Swerdon Be it resolved that the Administrator/Clerk correspond with Mr. and Mrs. Paul Miller and advise them the Corporation of the Township of Oro endorses the position of the Association of Municipalities of Ontario as outlined in their letter dated February 2, 1988. Carried. Motion No. 18 Moved by Caldwell, seconded by Halfacre . Be it resolved that the correspondence from the Ministry of Environment with regards to 31 Part Drums of Asphalt Emulsion be received and further, the Administrator/Clerk advise the Ministry of Transportation and Communications that the Township will not accept the above noted material because of the refusal of the Ministry of Environment to take responsibility. Carried. Motion No. 19 Moved by Swerdon, seconded by Burton Be it resolved that the correspondence from Peter Lamprey, Solicitor with regards to the Shanty Bay Community School Centre: outstanding loan OWed to the Township of Oro be received and further, the Administretor/Clerk request a complete accounting and history of the transactions from Solicitor Alan Elliott and that this correspondence be sent registered mail; and further the Township Solicitor advise Council as to what legal action can be taken to secure the repayment of this particular loan. Carried. - 6 - Motion No. 20 Moved by Swerdon, seconded by Burton Be it resolved that the Corporation of the Township of Oro endorses and fully supports the County of Simcoe's efforts to have Highway #93 designated as the Drury Heritage Highway; and further, a copy of this resolution be sent to the Minister of the Ministry of Transportation and Communications and to the County of Simcoe. Carried. Motion No. 21 Moved by Caldwell, seconded by Halfacre e Be it resolved that the correspondence from the Village of Elmvale and the attached resolution concerning Sunday shopping be received and filed and further the Administrator/ Clerk indicate to the Village of Elmvale that we are supporting the position of A.M.O. Carried. Motion No. 22 Moved by Burton, seconded by Swerdon Be it resolved that the Landfill Site Superintendent and Administrator/Clerk be permitted to attend seminars dealing with landfill operations and recycling municipal solid waste to be held on Thursday, March 10th and Thursday, April 14th, 1988. Carried. Motion No. 23 Moved by Swerdon, seconded by Burton Be it resolved that Council go into Committee of the Whole @ 8:45 p.m. with Mr. Gord Teskey, Solicitor, Mr. David White, Solicitor and Mr. Jack Nixon. Carried. Motion No. 24 Moved by Burton, seconded by Swerdon Be it resolved that Council now rise and report from Committee of the Whole @ 9:50 p.m. Carried. Motion No. 25 Moved by Caldwell, seconded by Halfacre Be it resolved that (1) the Township Solicitor amend the Nixon (JOKAPA Oro Ltd.) as requested by Mr. Teskey save and except for the requirement for a certificate from the Developers Engineer; and (2) the Reeve and Clerk be authorized to sign the Subdivision Agreement after being so amended. e Recorded vote requested from Reeve Drury: Councillor Burton Councillor Swerdon Reeve Drury Councillor Caldwell Deputy Reeve Halfacre yea yea yea yea yea Carried. Motion No. 26 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Cro Township History Committee Meeting held on Tuesday, February 2, 1988 be received. Carried. - 7 - ~ Motion No. 27 Moved by Halfacre, seconded by Caldwell Be it resolved that the Agenda and Minutes of the Oro Township Committee of Adjustment Meeting held on Tuesday, February 9, 1988 be received. Carried. Motion No. 28 Moved by Caldwell, seconded by Halfacre Be it resolved that Report No. 88-3 Committee of the Whole Meeting held on Thursday, February 4, 1988 be adopted as printed and circulated. Carried. e Motion No. 29 Moved by Swerdon, seconded by Burton Be it resolved that the Administrator/Clerk correspond with the Oro Agricultural Society to secure a booth at the 1988 Oro Fair for the Oro History Committee. Carried. Motion No. 30 Moved by Halfacre, seconded by Caldwell Be it resolved that the Administrator/Clerk correspond with Mrs. Joanna McEwen and express the appreciation of the Council of the Corporation of the Township of Oro as well as the members of the Oro History Committee for Mrs. McEwen's work as editor of the revised book entitled the "Story of Oro". Carried. Motion No. 31 Moved by Caldwell, seconded by Halfacre Be it resolved that the request from the Oro History Committee to place $850.00 in the 1988 Budget be referred for discussion during budget deliberations. Carried. Motion No. 32 Moved by Swerdon, seconded by Burton Be it resolved that the Treasurer be permitted to submit the Annual Petition for Subsidy under the provisions of the Public Transportation and Highway Improvement Act for expenditures made during the year 1987. Carried. Motion No. 33 Moved by Burton, seconded by Swerdon e Be it resolved that Council now go into Committee of the Whole @ 10:30 p.m. with Solicitor David White and Mr. R.A. Cooksley. Carried. Motion No. 34 Moved by Swerdon, seconded by Burton Be it resolved that Council now rise and report from Committee of the Whole @ 10:51 p.m. Carried. Motion No. 35 Moved by Burton, seconded by Swerdon Be it resolved that Council go into Committee of the Whole @ 10:52 p.m. with Township Solicitor David White and Dwight Taylor. Carried. - 8 - ~ '. Motion No. 36 Moved by Swerdon, seconded by Burton Be it resolved that Council rise and report from Committee of the Whole @ 11:00 p.m. Carried. Motion No. 37 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. Carried. . Motion No. 38 Moved by Swerdon, seconded by Burton Be it resolved that (1) the Township Solicitor, together with Holly Spacek and Jim Shellswell, prepare an Agreement to settle the Cooksley litigation; and (2) when the Agreement has been signed by Mr. Cooksley, the Township Solicitor be authorized to adjourn the court date. Carried. Motion No. 39 Moved by Swerdon, seconded by Burton Be it resolved that a By-law to Provide for the Annual InteTim Tax Levy, be introduced and read a first and second time and numbered By-law No. 88-16. Carried. That By-law No. 88-16 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 40 Moved by Halfacre, seconded by Caldwell Be it resolved that a By-law to Define the Boundaries of Polling Subdivisions of the Township of Oro for Election Purposes Only be introduced and read a first and second time and numbered By-law No. 88-17. Carried. That By-law No. 88-17 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 41 Moved by Swerdon, seconded by Burton e Be it resolved that a By-law to Appoint Municipal Engineers be introduced and read a first and second time and numbered By-law No. 88-18. Carried. That By-law No. 88-18 be read a third time and finally passed, 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 Swerdon Councillor Burton yea yea yea yea yea Carried. - 9 - ~ ~ Motion No. 42 Moved by Halfacre, seconded by Caldwell Be it resolved that a By-law to provide for the sale of Lots 2, 3, 4 and 5, Plan 1145, be introduced and read a first and second time and numbered By-law No. 88-19. Carried. That By-law No. 88-19 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Recorded vote requested by Councillor Burton: . Councillor Caldwell Deputy Reeve Halfacre Councillor Swerdon Councillor Burton Reeve Drury yea yea yea yea yea Carried. Motion No. 43 Moved by Halfacre, seconded by Caldwell Be it resolved that the request from Pam-Reg Holdings Ltd. to reduce their Letter of Credit be referred to Ron Robinson and Associates for a report back to Council. Carried. Motion No. 44 Moved by Burton, seconded by Swerdon Be it resolved that the following correspondence be received and filed: 8(a) J.L. Ellard, Ministry of the Solicitor General re: Training and Education Programs available at the Canadian Emergency Preparedness College, Arnprior, Ontario (c) R.A. Cooksley re: confidential correspondence regarding moving of garage Carried. Motion No. 45 Moved by Burton, seconded by Swerdon Be it resolved that the recommendation from the Arena Manager/ Parks Superintendent Dwight Taylor concerning the status of Mr. Mark Mathews, Arena Labourer and the completion of his probationary period, be adopted and Mr. Mark Mathews be so notified in writing. Carried. e Be it resolved that the Oro Technical Committee review and update the Township's Standard Subdivision Agreement. Carried. i i I. 'I I II II il II , I II [I 'I Motion No. 46 Moved by Swerdon, seconded by Burton Motion No. 47 Moved by Halfacre, seconded by Caldwell Be it resolved that Dwight Taylor be authorized to hire one part-time staff member for the Oro Arena. Carried. Motion No. 48 Moved by Caldwell, seconded by Halfacre Be it resolved that a By-law to Confirm the Proceedings of Meeting of Council be introduced and :ead a first and second time and numbered By-law No. 88-20. Carried. That By-law No. 88-20 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. _ 10 - ~ ~oved bY s~erdon. seconded bY Burton Be it rasolved that council nO~ adjOurn @ 11:41 p.m. carried. Ree e