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09 15 2004 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, September 15, 2004 TIME: 7:08 p.m. 2003 - 2006 COUNCIL Present: Mayor J. Neil Craig Deputy Mayor Harry Hughes Councillor Dan Buttineau Councillor Ralph Hough Councillor Paul Marshall Councillor John Crawford Councillor Ruth Fountain Staff Present: Jennifer Zieleniewski, CAO; Marilyn Pennycook, Clerk; Janette Teeter, Clerk's Assistant Also Present: Stephen Wells, Julie Rocha, Andrea Gentile-Rocha, Anthony Sperduti, Andrea Adamek 1. & 2. Mayor J. Neil Craig assumed the chair and called the meeting to order, followed by a moment of contemplation. 3. NOTICE OF ADDITIONS Council unanimously agreed that Ms. Julie Rocha be listed as a deputation re: Plan 626 Lakeshore Promenade. Motion No. 1 Moved by Marshall, Seconded by Crawford Be it resolved that the following items be added to the agenda for consideration: 9. DEPUTATIONS: a) Ms. Julie Rocha, re: Plan 626 Lakeshore Promenade. 12. REPORTS OF MUNICIPAL OFFICERS: e) Deputy Mayor Hughes, correspondence dated September 15, 2004, Jennifer Zieleniewski, CAO re: Plan 626 Lakeshore Promenade. 15. IN-CAMERA: b) Jennifer Zieleniewski, CAO, re: Property Matter. Carried. .. 4. ADOPTION OF AGENDA Motion No.2 Moved by Crawford, Seconded by Marshall Be it resolved that the agenda for the Council meeting of Wednesday, September 15, 2004 be received and adopted. Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of September 1, 2004. Motion No.3 Moved by Fountain, Seconded by Crawford Be it resolved that the minutes of the Council meeting held on September 1, 2004 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: a) Chris Carter, Recreation Co-ordinator, Claudio Perri Memorial Award, In Appreciation For Efforts Towards Soccer - Oro-Medonte Minor Soccer. A plaque which was previously presented to Chris Carter, Recreation Co- ordinator from the Oro-Medonte Minor Soccer Association was circulated to Council. 8. PUBLIC MEETINGS: None. Page 2 Council Meeting Minutes- September 15, 2004 9. DEPUTATIONS: a) Ms. Julie Rocha, re: Plan 626 Lakeshore Promenade. A written submission was distributed to Council. Motion No.4 Moved by Fountain, Seconded by Crawford Be it resolved that the information presented by Ms. Julie Rocha dated September 15, 2004 re: Lakeshore Promenade, Plan 626 be received. Carried. 10. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Region Conservation Authority, minutes of July 23,2004 meeting. Motion No.5 Moved by Fountain, Seconded by Marshall Be it resolved that the item under the "Consent Agenda Correspondence", as listed below, be received: a) Lake Simcoe Region Conservation Authority, minutes of July 23,2004 meeting. Carried. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. Page 3 Council Meeting Minutes- September 15, 2004 .. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. BD 2004-10, Ron Kolbe, Director of Building/Planning Development, re: Building Report, August 2004. Motion No.6 Moved by Crawford, Seconded by Fountain Be it resolved that Report No. BD 2004-10, Ron Kolbe, Director of Building/Planning Development, re: Building Report, August 2004 be received. Carried. b) Report No. EES 2004-39, Keith Mathieson, Director of Engineering and Environmental Services re: Alan D. Abernethy Construction Limited- Request to Connect to the Robincrest Water System - 229 Moonstone Road East - Part of the East Half of Lot 15, Concession 8 (formerly Medonte), Being all of PIN # 58523-0066, Township of Oro-Medonte. Motion No. 7 Moved by Marshall, Seconded by Crawford Be it resolved that: 1. Report No. EES 2004-39, Keith Mathieson, Director of Engineering and Environmental Services re: Alan D. Abernethy Construction Limited- Request to Connect to the Robincrest Water System - 229 Moonstone Road East - Part of the East Half of Lot 15, Concession 8 (formerly Medonte), Being all of PIN # 58523-0066, Township of Oro-Medonte be received and adopted; 2. That the Township of Oro-Medonte, Alan D. Abernethy Construction Limited, and Bachly Investments Inc. enter into a Water Service Connection Agreement to grant permission to connect to the Robincrest municipal water system; 3. That all related costs to connect the water service to 229 Moonstone Road East be the responsibility of Alan D. Abernethy Construction Limited; 4. That the Clerk prepare the appropriate By-law for Council's consideration; 5. And Further that Mr. Abernethy and Bachly Investments Inc. be notified of Council's decision. Carried. Page 4 Council Meeting Minutes- September 15. 2004 c) Report No. ADM 2004-36, Jennifer Zieleniewski, CAO, re: Closure and Sale of Road Allowance between Cone. 5 and 6 (Medonte), South of Hwy. 400 and North of Ingram Road, Township of Oro-Medonte. Motion No.8 Moved by Crawford, Seconded by Marshall Be it resolved that: 1. Report No. ADM 2004-36, Jennifer Zieleniewski, CAO, re: Closure and Sale of Road Allowance between Conc. 5 and 6 (Medonte), South of Hwy. 400 and North of Ingram Road, Township of Oro-Medonte be received and adopted; 2. That the road allowance between Conc. 5 and 6 (Medonte), south of Hwy. 400 and north of Ingram Road, Township of Oro-Medonte, PIN # 58524-0060 (Lt), be retained by the Township. 3. And Further That the applicant be advised of Council's decision. Carried. d) Report No. ADM 2004-41, Jennifer Zieleniewski, CAO, re: Rails to Trails Wildlife Corridor. Motion No.9 Moved by Crawford, Seconded by Fountain Be it resolved that: 1. Report No. ADM 2004-41, Jennifer Zieleniewski, CAO, re: Rails to Trails Wildlife Corridor; be received and adopted; 2. That The Orillia Fish and Game Conservation Club provide proof of liability insurance for all project participants; 3. That Township staff undertake inspections along the Rail Trail for any hazards prior to the project commencement; 4. That Township staff document the date and findings of all inspections; 5. That The Orillia Fish and Game Conservation Club be authorized to proceed with their Rails to Trails Wildlife Corridor initiative; 6. And Further That The Orillia Fish and Game Conservation Club be advised of Council's decision. Carried. Page 5 Council Meeting Minutes- September 15, 2004 e) Deputy Mayor Hughes, correspondence dated September 15,2004, Jennifer Zieleniewski, CAG re: Plan 626 Lakeshore Promenade. Motion No.1 0 (Amendment) Moved by Hughes, Seconded by Fountain Be it resolved that the motion with respect to the correspondence dated September 15, 2004, Jennifer Zieleniewski, CAG re: Plan 626 Lakeshore Promenade be amended to include, "the cedar post located in the triangle not be placed to delineate the Promenade". Defeated. Recorded Vote Requested by Deputy Mayor Hughes Deputy Mayor Hughes Yea Councillor Marshall Nay Councillor Buttineau Nay Councillor Crawford Nay Councillor Fountain Yea Councillor Hough Nay Mayor Craig Nay Motion No. 11 Moved by Marshall, Seconded by Buttineau Be it resolved that the correspondence dated September 15, 2004, Jennifer Zieleniewski, CAG re: Plan 626 Lakeshore Promenade be received. Carried. 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, September 8,2004. Motion No. 12 Moved by Marshall, Seconded by Fountain Be it resolved that the minutes of the Committee of the Whole meeting held on September 8, 2004 be received and the recommendations therein be adopted. Carried. Page 6 Council Meeting Minutes- September 15, 2004 14. COMMUNICATIONS: a) The Honourable Judy Sgro, Minister of Citizenship and Immigration, Proclamation Request, October 18-24, 2004, Canada's Citizenship Week. Motion No. 13 Moved by Crawford, Seconded by Marshall Be it resolved that the correspondence dated August 13, 2004 from The Honourable Judy Sgro, Minister of Citizenship and Immigration, re: Proclamation Request be received; that the Township of Oro-Medonte proclaim the week of October 18-24, 2004 as "Canada's Citizenship Week"; and further that the Proclamation be declared on the Township's website. Carried. b) James Feehely, Feehely, Gastaldi, correspondence dated August 31,2004 re: Barry Gardhouse, Lot 28, Plan 626, Lakeshore Promenade. Motion No. 14 Moved by Crawford, Seconded by Fountain Be it resolved that the correspondence dated August 31 , 2004 from James Feehely, Feehely, Gastaldi, re: Barry Gardhouse, Lot 28, Plan 626, Lakeshore Promenade be received. Carried. c) John Inglis, McCarthy Tetrault, correspondence dated September 8,2004 re: Plan 626 Lakeshore Promenade, Installation of Wooden Posts and Bollards. Motion No. 15 Moved by Hughes, Seconded by Buttineau Be it resolved that the correspondence dated September 8, 2004 from John Inglis, McCarthy Tetrault, re: Plan 626 Lakeshore Promenade, Installation of Wooden Posts and Bollards be received. Carried. Page 7 Council Meeting Minutes- September 15, 2004 . 15. IN-CAMERA: Motion No. CW-16 Moved by Buttineau, Seconded by Hughes Be it resolved that we do now go In-Camera at 8:05 p.m. to discuss a Legal and Property Matter. Carried. Motion No. CW-17 Moved by Hough, Seconded by Buttineau Be it resolved that we do now Rise and Report from In-Camera at 8:50 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. 18 Moved by Hughes, Seconded by Buttineau Be it resolved that the confidential correspondence dated September 7, 2004 from Aird & Berlis, re: Legal Matter (Plan 709) be received. Carried. b) Jennifer Zieleniewski, CAO, re: Property Matter. Motion No. 19 Moved by Buttineau, Seconded by Hughes Be it resolved that the confidential correspondence presented by Jennifer Zieleniewski, CAO re: Property Matter (Moonstone Fire Hall) be received and further that staff be authorized to proceed with negotiations. Carried. Page 8 Council Meeting Minutes- September 15. 2004 . 16. BY-LAWS: a) By-Law No. 2004-099 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte, and Huronia Homes Ltd. (Phase II). Motion No. 20 Moved by Buttineau, Seconded by Hough Be it resolved that a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte, and Huronia Homes Ltd. (Phase II) be introduced and read a first and second time and numbered By-law No. 2004-099. Carried. That By-law No. 2004-099 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. b) By-Law No. 2004-101 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Alan D. Abernethy Construction Limited and Bachly Investments Inc. Motion No. 21 Moved by Hughes, Seconded by Hough Be it resolved that a By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Alan D. Abernethy Construction Limited and Bachly Investments Inc. be introduced and read a first and second time and numbered By-law No. 2004-101. Carried. That By-law No. 2004-101 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 9 Council Meeting Minutes- September 15, 2004 '" 17. CONFIRMATION BY-LAW NO. 2004-100 .. Motion No. 22 Moved by Hough, Seconded by Hughes Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, September 15, 2004 be introduced and read a first and second time and numbered By-law No. 2004-100. Carried. That By-law No. 2004-100 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT Motion No. 23 Moved by Hough, Seconded by Buttineau Be it resolved that we do now adjourn at 9:00 p.m. Carried. M Page 10 Council Meeting Minutes- September 15, 2004