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07 08 1987 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO WEDNESDAY, JULY 8, 1987 - COUNCIL CHAMBERS COUNCIL MEETING SIXTY-FIFTH MEETING 1985-88 COUNCIL Oro 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 Reeve Robert E. Drury chaired the meeting. Reeve Robert E. Drury opened the meeting with a prayer. Also present were: Mr. Stephen Woodrow, Mr. Allan Johnson, Mr. David White Mr. Ron Robinson, Mr. Jack Nixon; also present were two members of the press. Disclosure and Declaration of Conflict of Interest - none Deputations (a) 9:00 p.m. Mr. David White, Township Solicitor, Mr. Ron Robinson, P. Engineering Consultant of Ainley & Associates, and Mr. Jack Nixon spoke to council/on the following topics: (a) Oro Hills Subdivision (b) Solicitor's opinion re: Mr. Dunsmore's inquiry concerning maintenance of Line 2 (c) Confidentiality of Township land transactions Note: This portion of the meeting was held in the Committee of the Whole Reports of Municipal Officers (a) Robert W. Small, Administrator/Clerk Report on O.M.T.P. Student (b) Jim Shellswell, C.B.O. re: monthly report for June 1987 (c) Paul Eenhoorn, Fire Chief re: monthly report of Fire Activity for June 1987 (d) R. James, Animal Control/By-law Enforcement Officer re: control of Pit Bull Terriers (e) R. James, Animal Control/By-law Enforcement Officer Confidential Report on By-law Complaint Communications (a) Ministry of Agriculture & Food re: cases of hardship caused by assessment and Drainage Act projects (b) O.M.B. re: Application BIO/87 hearing cancelled (c) Indrek Uukkiui, Solicitor re: Lots 14 & 17, Plan 589 (d) Gordon Teskey, Solicitor re: confidential letter Jokapa Ltd.Draft Plan (e) Ministry of Natural Resources re: Violation of the Pits and Quarries Control Act (f) County of Simcoe Resource Development Dept. re: County of Simcoe Industrial Development Plan (g) Ian M. Rogers, Solicitor re: Letter to M.T.C. re: Roy & Arlene Hastings and the Township of Oro (h) G.R. Morrison, M.T.C. re: Letter to Ian M. Rogers re: Roy & Arlene Hastings and the Township of Oro (i) Ian M. Rogers, Solicitor re: B.A.F.M.A. (j) Ontario Humane Society r!: 1987 Contract (k) Township of Orillia re: Medonte/Orillia Townline (I) Gwen Discepolo, Chairperson re: Ontario's Third Annual Recycling Week (m) W.M. Salter, Architect re: Report on Tenders, New Municipal Building (n) Ministry of Housing re: Initiatives for disabled persons - 2 - (0) County of Simcoe re: Report No. 19, Executive Committee re: County Council Structure (p) County of Simcoe re: Report No. 14, Agriculture Environment and Development Committee (q) Michael E. Reed re: confidential letter re: Audubon Subdivision (r) Mr. Joseph Harvath re: confidential letter re: property purchase (s) Mr. J.A. Stanton, P.Eng. re: Oro Hills Subdivision, Engineering and Drainage Information (t) Mrs. Shirley Woodrow re: Public Meeting June 30, 1987 (u) David S. White, Township Solicitor, Confidential Letter re: Road Superintendent Report on Plan 51R-1379 (v) E. Marshall Green, Solicitor re: McIntyre and the Township of Oro (w) David S. White, Township Solicitor re: Township of Oro and Nixon (x) David S. White, Township Solicitor re: B.A.F.M.A. (y) J.W. Nixon re: Oro Hills Subdivision Other Business (a) The Administrator/Clerk took direction to advise the County of Simcoe that all members of Council were interested_in attending a tour of Victoria Hospital in London, Ontario. (b) The Administrator/Clerk took direction to correspond with the Chairman of the Canada Day Committee indicating that as they are appointed by Council by way of a By-law that Council would appreciate being kept informed of their scheduled meetings and there activities throughout the year on a more regular basis. Motion No. I Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Regular Council Meeting held Monday, June 15, 1987 be adopted as printed and circulated. Carried. Motion No. 2 Moved by Halfacre, seconded by Caldwell Be it resolved that the minutes of the Special Council Meeting held Tuesday, June 16, 1987 to discuss the Guthrie Hall be adopted as printed and circulated. Carried. Motion No. 3 Moved by Swerdon, seconded by Burton Be it resolved that the minutes of the Special Council Meeting held Thursday, June 18, 1987 to review the tenders for the New Municipal Building be adopted as printed and circulated. Carried. Motion No. 4 Moved by Caldwell, seconded by Halfacre Be it resolved that the minutes of the Special Council Meeting held Thursday, June 18, 1987 with regards to Street Lights, Plan 875 be adopted as printed and circulated as amended. Carried. Motion No. 5 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Special Council Meeting held Tuesday, June 30, 1987 with regards to the New Municipal Building be adopted as printed and circulated. Carried. - 3 - Motion No. 6 Moved by Halfacre, seconded by Caldwell Be it resolved that the accounts as presented for the period ending Wednesday, July 8, 1987 in the amount of $104,647.85 plus payroll for the period ending July 2, 1987 in the amount of $20,903.43 in accordance with the computer print-out presented to Council be approved for payment. Carried. Motion No. 7 Moved by Swerdon, seconded by Burton Be it resolved that the Road Expenditures for the period ending July 8, 1987 be accepted as presented and further the Treasurer be authorized to issue cheques in the amount of $116,445.03. Carried. Motion No. 8 Moved by Caldwell, seconded by Burton Be it resolved that the Report from Administrator/Clerk Robert W. Small concerning the O.M.T.P. Student be received and adopted. Carried. Motion No. 9 Moved by Swerdon, seconded by Burton Be it resolved that the Report from the Chief Building Official Jim Shellswell concerning his monthly building report for the month of June, 1987 be received. Carried. Motion No. 10 Moved by Burton, seconded by Swerdon Be it resolved that the Report from Fire Chief Paul Eenhoorn with regards to his monthly fire activity report for the Month of June, 1987 be received. Carried. Motion No. II Moved by Halfacre, seconded by Caldwell Be it resolved that the Report from Animal Control/By-law Enforcement Officer R. James with reg~dBto the control of Pit Bull Terriers be received and further that the Administrator/Clerk draft an appropriate by-law to be reviewed by Council. Carried. Motion No. 12 Moved by Swerdon, seconded by Burton Be it resolved that the Report from R. James, Animal Control/By-law Enforcement Officer with regards to a Confidential By-law Complaint be received. Carried. Motion No. 13 Moved by Halfacre, seconded by Caldwell Be it resolved that the letter from Mr. Indrek Uukkivi concerning Lots 14 and 17, Plan 589 be referred to the Township Solicitor for a response to the author. Carried. Motion No. 14 Moved by Caldwell, seconded by Swerdon Be it resolved that the letter from Mr. Gordon Teskey, Solicitor re: JOKAPA Oro Ltd. Draft Plan Approval be referred to the Township Solicitor David S. White for a report back to Council. Carried. - 4 - Motion No. 15 Moved by Halfacre, seconded by Caldwell Be it resolved that the correspondence from Mr. Ian M. Rogers and G.R. Morrison concerning Roy Hastings, Arlene Hastings and the Township of Oro be referred to the Township Solicitor David S. White for information purposes only. Carried. Motion No. 16 Moved by Swerdon, seconded by Burton Be it resolved that the correspondence from Ian M. Rogers concerning the Barrie Automotive Flea Market be referred to the Township Solicitor for a report back to Council at the earliest possible date and further the Administrator/Clerk is hereby directed to send copies of this correspondence to the objectors of the Flea Market. Carried. Motion No. 17 Moved by Caldwell, seconded by Halfacre Be it resolved that the Reeve and Administrator/Clerk be allowed to sign the 1987 Contract with the Ontario Humane Society as outlined in their correspondence dated June 24, 1987. Carried. Motion No. 18 Moved by Burton, seconded by Swerdon Be it resolved that the Administrator/Clerk correspond with the Township of Orillia and advise the Municipality that the Township of Oro has no jurisdiction over the Orillia/Medonte Town Line. Carried. Motion No. 19 Moved by Caldwell, seconded by Swerdon Be it resolved that Council endorse Report No. 19 of the Executive Committee on the County Council Structure of the County of Simcoe. Carried. Motion No. 20 Moved by Swerdon, seconded by Burton Be it resolved that the Confidential correspondence received from Solicitor Michael E. Reed be referred to Township Solicitor David S. White and Mr. Ron Robinson of Ainley and Associates for information purposes only. Carried. Note: Reeve Drury left the chair at 8:10 p.m. Deputy Reeve Halfacre assumed the chair. Motion No. 21 Moved by Caldwell, seconded by Drury Be it resolved that Mrs. Woodrow be invited to come before Council to have her letter received July 2, 1987 explained In-Camera as there appears to be a misunderstanding on a number of points. Councillor Caldwell requested a recorded vote: Councillor Burton Councillor Swerdon Deputy Reeve Halfacre Councillor Caldwell Reeve Drury nay nay nay yea yea Motion Defeated. Note: Reeve Drury reassumed the chair at 8:15 p.m. - 5 - Motion No. 22 Moved by Burton, seconded by Swerdon Be it resolved that the minutes of the Committee of Adjustment Meeting held Tuesday, June 16, 1987 be received. Carried. Motion No. 23 Moved by Halfacre, seconded by Caldwell Be it resolved that the Agenda for the Committee of Adjustment Meeting to be held on Tuesday, July 21, 1987 be received. Carried. Motion No. 24 Moved by Swerdon, seconded by Burton Be it resolved that the Minutes of the Planning Advisory Committee Meeting held Thursday, June 25, 1987 be adopted as printed and circulated. Carried. Motion No. 25 Moved by Burton, seconded by Halfacre Be it resolved that Report No. 87-10 of the Committee of the Whole Meeting held Monday, June 22, 1987 be adopted as printed and circulated. Carried. Motion No. 26 Moved by Caldwell, seconded by Halfacre Be it resolved that the Administrator/Clerk correspond with Mr. Roy Hastings and Mr. Merv Walt and advise them that Council will not demolish the Guthrie Community Hall under the following terms: That within 30 days of receipt of this resolution that the following conditions have been met to the satisfaction of the Council of the Corporation of the Township of Oro: (a) That within 30 days a Committee to oversee the renovations and operation of the Guthrie Hall is duly selected at a public meeting that has been advertised in both the Barrie and Orillia papers; (b) The said Committee will renovate the Guthrie Community Hall to the Architectual and Engineering Standards as set out in present and any future Township Reports to the sole satisfaction of the Corporation of the Township of Oro's own Engineer and/or Architect; (c) The renovations and/or repairs to the Guthrie Hall must comply in every way to any municipal by-laws; Provincial and/or Federal Statutes and/or Regulations; (d) That proof of liability insurance naming the Township of Oro as an insured party for any volunteer workers who may be assisting in the renovations of the said hall; (e) That the Committee supply to the Township a Five-Year Operating Budget that will set out what income and expenditures are foreseen for a five year period commencing in January of 1988; and further, the Township of Oro will make no money available for the above mentioned project. Recorded vote requested by Councillor Caldwell: Deputy Reeve Halfacre Councillor Swerdon Reeve Drury Councillor Burton Councillor Caldwell yea yea yea yea yea Carried. - 6 - Motion No. 27 Moved by Caldwell, seconded by Burton Be it resolved that the Corporation of the Township of Oro approve the recommendation of W.M. Salter, Architect and accept the low tender of Michael Monteith Enterprises Limited in the amount of $649,533.00 to construct a New Municipal Building; subject to the approval for debenturing from the Ontario Municipal Board and further, when this approval has been obtained that the Reeve and Administrator/Clerk be allowed to sign the Contract Documents in order that this project can proceed. Recorded vote requested by Councillor Burton: Councillor Swerdon Councillor Burton Reeve Drury Councillor Caldwell Depity Reeve Halfacre nay yea yea yea yea Carried. Motion No. 28 Moved by Halfacre, seconded by Burton Be it resolved that the Administrator/Clerk advise the Orillia and Barrie Real Estate Boards that the present Municipal Building will be offered for sale upon receipt of an up-to-date appraisal to be reviewed by Council, and further that any offer that is accepted may have a rent-back charge to the Township. Recorded vote requested by Councillor Caldwell: Reeve Drury Deputy Reeve Halfacre Councillor Swerdon Councillor Burton Councillor Caldwell yea yea nay yea yea Carried. Motion No. 29 Moved by Halfacre, seconded by Caldwell Be it resolved that the Sub-Committee established by Council to pursue the acquisition of park land in the Rugby Area meet with the interested Rugby Citizens to pursue other properties in the area. Carried. Motion No. 30 Moved by Caldwell, seconded by Halfacre Be it resolved that an application to rezone the West Half of Lot 17, Concession 7, to provide for a private driveway to lagoon site as well as a buffer zone around the said Site as set out in Application Pll/87 be approved and further, the Township Planner and Administrator/Clerk set a date for a public meeting in order that the above noted application for development can be heard. Carried. Motion No. 31 Moved by Halfacre, seconded by Caldwell Be it resolved that an extension of draft approval be given on Bayfarm Subdivision, 43T-790201 until December 31, 1987 and further that the proponents must have entered into a Subdividers Agreement by December 31, 1987 and failing to do so, Council will proceed to amend the Official Plan to redesignate these lands from Residential designation to Agriculture. Carried. - 7 - Motion No. 32 Moved by Halfacre, seconded by Burton Be it resolved that an application to develop a Residential Plan of Subdivision on the West Part of Lot 10, Concession 5, by way of an amendment to the Official Plan and Zoning By-law as set out in Application P10/87 not be approved at this time; due to a lack of sufficient information provided within the above noted application. Carried. Motion No. 33 Moved by Halfacre, seconded by Caldwell Be it resolved tht the Knox Church be charged the following fee for photocopying done by the Township of Oro: 10~ per copy. Carried. Motion No. 34 Moved by Burton, seconded by Swerdon Be it resolved that Council go into Committee of the Whole @ 9:00 p.m. with Mr. White and Ron Robinson and Mr. Nixon. Carried. Motion No. 35 Moved by Burton, seconded by Swerdon Be it resolved that Council rise and report from Committee of the Whole @ 10:45 p.m. Carried. Motion No. 36 Moved by Burton, seconded by Halfacre Be it resolved that Council suspend Rule #24 of By-law No. 86-25 to allow Mr. J.W. Nixon to appear before Council. Carried. Motion No. 37 Moved by Halfacre, seconded by Caldwell Be it resolved that Confidential letter from Solicitor David S. White concerning the Confidential Report from the Road Superintendent on Plan 51R-1379 be received and his recommendations be adopted. Carried. Motion No. 38 Moved by Burton, seconded by Swerdon Be it resolved that a By-law to Rezone Part of Lot I, Concession 5, be introduced and read a first and second time and numbered By-law No. 87-45. Carried. That By-law No. 87-45 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Councillor Caldwell requested a recorded vote: Councillor Swerdon Councillor Caldwell Reeve Drury Councillor Burton Deputy Reeve Halfacre yea yea yea yea yea Carried. - 8 - Motion No. 39 Moved by Burton, seconded by Swerdon Be it resolved that Council suspend Procedural By-law 86-25, Rule #7 to allow the meeting to extend past the 11:00 p.m. adjournment hour. Carried. Motion No. 40 Moved by Caldwell, seconded by Halfacre Be it resolved that a By-law to Regulate the Proceedings in the Township Council of the Township of Oro be introduced and read a first and second time and numbered By-law No. 87-46, as amended. Carried. That By-law No. 87-46 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 Halfacre, seconded by Burton Be it resolved that a By-law to Construct a New Municipal Building in the Township of Oro be introduced and read a first and second time and numbered By-law No. 87-47, as amended. Carried. That By-law No. 87-47 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Councillor Caldwell requested a recorded vote: Councillor Swerdon Reeve Drury Councillor Burton Deputy Reeve Halfacre Councillor Caldwell nay yea yea yea yea CarrieQ. Motion No. 42 Moved by Halfacre, seconded by Burton Be it resolved that a By-law to Establish a Community Recreation Centre on the East Half of Lot 21, Concess~on 7, Township of Oro, be introduced and read a first and second time and numbered By-law No. 87-48. Carried. That By-law No. 87-48 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Councillor Caldwell requested a recorded vote: Councillor Swerdon Reeve Drury Councillor Burton Deputy Reeve Halfacre Councillor Caldwell nay yea yea yea yea Carried. Motion No. 43 Moved by Caldwell, seconded by Halfacre Be it resolved that a By-law to Authorize the Purchase of Part of Lot 21 and 22, Concession 5 from Anjay Ltd. be introduced and read a first and second time and numbered By-law No. 87-49. Carried. That By-law No. 87-49 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by~the Reeve. Carried. Motion No. 44 Moved by Burton, seconded by Swerdon Be it resolved that a By-law to authorize the Sale of Part of Lot 22, Concession 5 to Mr. Michael Gallagher and Mr. Gordon Lavery be introduced and read a first and second time and numbered By-law No. 87-50. Carried. - 9 - That By-law No. 87-50 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 45 Moved by Swerdon, seconded by Burton Be it resolved that a By-law to Authorize the Sale of Lot 8, Plan 1222 to Mrs. M. Van Wyck be introduced and read a first and second time and numbered By-law No. 87-51. Carried. That By-law No. 87-S1 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 46 Moved by Halfacre, seconded by Burton Be it resolved that (1) Mr. Jack Nixon be advised that Council approves the proposal for the creation of a privately owned median located in the road allowance and the construction of a stone statue on this median; (2) Mr. Nixon be requested to submit a drawing for the red line amendment to the draft plan; (3) That the statue be included in a Site Plan and further the height be restricted to 25 feet. Carried. Motion No. 47 Moved by Swerdon, seconded by Burton Be it resolved that the following correspondence be received and filed: (a) Ministry of Agriculture & Food re: cases of hardship caused by assessment and Drainage Act projects (b) O.M.B. re: Application B10/87 hearing cancelled (e) Minist~y of Natural Resources re: Violation of the Pits and Quarries Control Act (f) County of Simcoe Resource Development Dept. re: County of Simcoe Industrial Development Plan (1) Gwen Discepolo, Chairperson re: Ontario's Third Annual Recycling Week (n) Ministry of Housing re: Initiatives for disabled persons (p) County of Simcoe re: Report No. 14, Agriculture Environment and Development Committee (r) Mr. Joseph Harvath re: confidential letter re: Audubon Subdivision (s) Mr. J.A. Stanton, P. Eng., re: Oro Hills Subdivision, Engineering and Drainage Information (t) Mrs. Shirley Woodrow re: Public Meeting June 30, 1987 Carried. Motion No. 48 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. 87-52. Carried. That By-law No. 87-52 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried. Motion No. 49 Moved by Burton, seconded by Swerdon Be it resolved that Council now adjourn @ 11:40 p.m. Carried. /U:$/~I - Administrator/Clerk Robert Small