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11 03 2004 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, November 3,2004 TIME: 7:05 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; Doug Irwin, Records Management Co-ordinator Also Present: Harry Evans, Shirley Evans, Pauline Grenier, Howard Leake, Oar Whyte, Lama Keefe, Terry Keefe, Howard Rogers, John Newell, Dan Morris, Tonell Morris, Rob Bewell 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 Motion No. 1 Moved by Marshall, Seconded by Crawford Be it resolved that the following items be added to the agenda for consideration: None. 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, November 3,2004 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 October 20,2004. Motion No.3 Moved by Crawford, Seconded by Fountain Be it resolved that the minutes of the Council meeting held on October 20,2004 be adopted as printed and circulated. Carried. b) Minutes of Public Meeting of October 18,2004 (John Strimas/Jane Burgess). Motion No.4 Moved by Marshall, Seconded by Fountain Be it resolved that the minutes of the Public Meeting held on October 18, 2004 (John Strimas/Jane Burgess) be adopted as printed and circulated. Carried. Page 2 Council Meeting Minutes- November 3, 2004 c) Minutes of Public Meeting of October 18, 2004 (Laurel View Homes Inc. and Horseshoe Valley Lands Ltd.). Motion No. 5 Moved by Fountain, Seconded by Marshall Be it resolved that the minutes of the Public Meeting held on October 18, 2004 (Laurel View Homes Inc. and Horseshoe Valley Lands Ltd.) be adopted as printed and circulated. Carried. d) Minutes of Public Meeting of October 18, 2004 (Selri Investments). Motion No.6 Moved by Crawford, Seconded by Fountain Be it resolved that the minutes of the Public Meeting held on October 18, 2004 (Selri Investments) be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) Michael Saddy, CEO and Catherine Dowd, Chair, Orillia Public Library Board, re: Orillia Public Library Services. Ms. Dowd distributed written information to Council. Motion No. 7 Moved by Marshall, Seconded by Crawford Be it resolved that the information from Catherine Dowd, Chair, Orillia Public Library Board, re: Orillia Public Library Services be received. Carried. Page 3 Council Meeting Minutes- November 3, 2004 b) Howard Leake, re: Plan 709. Mr. Leake distributed written information to Council. Motion No.8 Moved by Crawford, Seconded by Marshall Be it resolved that the information from Howard Leake, re: Plan 709 be received. Carried. 10. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Regional Airport Commission, minutes of July 15, 2004 meeting. b) Lake Simcoe Regional Airport Commission, minutes of September 16, 2004 meeting. c) The Honourable Greg Sorbara, Ministry of Finance, correspondence dated October 19, 2004 re: Property Classification of Maple Syrup Farms. d) Dennis Roughley, Chair, Board of Health, Simcoe County District Health Unit, correspondence dated October 25, 2004 re: Muskoka-Parry Sound Health Unit. Motion No.9 Moved by Crawford, Seconded by Fountain Be it resolved that the items under the "Consent Agenda Correspondence", as listed below, be received: a) Lake Simcoe Regional Airport Commission, minutes of July 15, 2004 meeting. b) Lake Simcoe Regional Airport Commission, minutes of September 16, 2004 meeting. c) The Honourable Greg Sorbara, Ministry of Finance, correspondence dated October 19, 2004 re: Property Classification of Maple Syrup Farms. d) Dennis Roughley, Chair, Board of Health, Simcoe County District Health Unit, correspondence dated October 25, 2004 re: Muskoka-Parry Sound Health Unit. Carried. Page 4 Council Meeting Minutes- November 3, 2004 Motion No.1 0 Moved by Fountain, Seconded by Marshall Be it resolved that we do now go In-Camera at 7:30 p.m. to discuss a Legal Matter. Carried. Motion No. 11 Moved by Fountain, Seconded by Buttineau Be it resolved that we do now Rise and Report from In-Camera at 8:20 p.m. Carried. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: a) Brought by Deputy Mayor Hughes, October 20,2004. "Whereas a large amount of addition information has become available and brought to Council's attention regarding the municipally owned lands in Plan 709 since the passing of Motion 20 on December 19, 2001. Whereas the most recent legal opinion obtained identifies a potential benefit for the current Council to declaring its position in regards to the municipally owned lands is Plan 709. That the Motion 20 passed on December 19, 2001 with respect to the lands in Plan 709 be rescinded and that the declaration of being declared surplus to the needs of the municipality be removed for all municipally owned properties in Plan 709." Page 5 Council Meeting Minutes- November 3, 2004 Motion No. 12 Moved by Marshall, Seconded by Buttineau Be it resolved that Whereas the Township has petitioned the Court of Appeal in the case of Drohibicky vs. Township of Oro-Medonte; And whereas, Council's consideration of the options with respect to municipally-owned lands in Plan 709 is dependent upon the decision of the Court; Now therefore, be it resolved that the motion listed as Agenda Item 11 a) with respect to lands in Plan 709 be deferred pending the decision of the Court of Appeal in the case of Drohibicky vs. Township of Oro-Medonte. Carried. Recorded Vote Requested by Councillor Crawford Councillor Crawford Nay Councillor Fountain Yea Councillor Hough Nay Deputy Mayor Hughes Nay Councillor Marshall Yea Councillor Buttineau Yea Mayor Craig Yea Motion No. 13 Moved by Hughes, Seconded by Fountain Be it resolved that Whereas a large amount of additional information has become available and brought to Council's attention regarding the municipally owned lands in Plan 709 since the passing of Motion 20 on December 19, 2001. Whereas the most recent legal opinion obtained identifies a potential benefit for the current Council to declaring its position in regards to the municipally owned lands in Plan 709. That the Motion 20 passed on December 19, 2001 with respect to the lands in Plan 709 be rescinded and that the declaration of being declared surplus to the needs of the municipality be removed for all municipally owned properties in Plan 709. Deferred. Page 6 Council Meeting Minutes- November 3, 2004 12. REPORTS OF MUNICIPAL OFFICERS: None. 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, October 27,2004. Motion No. 14 Moved by Marshall, Seconded by Fountain Be it resolved that the minutes of the Committee of the Whole meeting held on October 27, 2004 be received and the recommendations therein be adopted. Carried. b) Minutes of Recreation Technical Support Group Meeting, October 7,2004. Motion No. 15 Moved by Fountain, Seconded by Marshall Be it resolved that the minutes of the Recreation Technical Support Group Meeting held on October 7,2004 be received. Carried. 14. COMMUNICATIONS: a) Steven Ball, correspondence dated October 22, 2004 re: Proposed Amendment to the Zoning By-Law, Application No. P-137/02, Concession 3, Part of Lot 27. Motion No. 16 Moved by Crawford, Seconded by Fountain Be it resolved that the correspondence dated October 22,2004 from Steven Ball, re: Proposed Amendment to the Zoning By-Law, Application No. P-137/02, Concession 3, Part of Lot 27 be received and referred to staff for information. Carried. Page 7 Council Meeting Minutes- November 3, 2004 b) Bob Bowles, correspondence dated October 15, 2004 re: Orillia Fish and Game Conservation Club, Rails to Trails, Oro-Medonte Wildlife Corridor. Motion No. 17 Moved by Marshall, Seconded by Crawford Be it resolved that the correspondence dated October 15, 2004 from Bob Bowles, re: Orillia Fish and Game Conservation Club, Rails to Trails, Oro- Medonte Wildlife Corridor be received. Carried. c) Barb Gagnon, correspondence dated October 26,2004 re: Shanty Bay Nursery School, GranUSubsidy Application Request. Motion No. 18 Moved by Hough, Seconded by Buttineau Be it resolved that the correspondence dated October 26, 2004 from Barb Gagnon, re: Shanty Bay Nursery School, GranUSubsidy Application Request be received; and further that the Shanty Bay Nursery School be requested to submit the appropriate applicable fee. Defeated. Motion No. 19 Moved by Marshall, Seconded by Buttineau Be it resolved that the correspondence dated October 26,2004 from Barb Gagnon, re: Shanty Bay Nursery School, GranUSubsidy Application Request be received; that the Shanty Bay Nursery School request for a grant for one hour of ice time at the Oro-Medonte Community Area be approved; and further that the requested hour to be at a time at the discretion of the Recreation Co-ordinator. Carried. Page 8 Council Meeting Minutes- November 3, 2004 d) Doug Abernethy, Orillia Against Drunk Driving, correspondence dated October 26,2004 re: Report All Impaired Drivers Program (RAID). Motion No. 20 Moved by Hughes, Seconded by Buttineau Be it resolved that the correspondence dated October 26, 2004 from Doug Abernethy, Orillia Against Drunk Driving, re: Report All Impaired Drivers Program (RAID) be received and referred to the Oro-Medonte Community Policing Committee. Carried. e) Jim Woodford, correspondence dated October 21,2004 re: Environment Policy. Motion No. 21 Moved by Buttineau, Seconded by Hughes Be it resolved that the correspondence dated October 21, 2004 from Jim Woodford, re: Environment Policy be received and referred to staff for a response under the Mayor's signature. Carried. 15. IN-CAMERA: Motion No. 22 Moved by Hough, Seconded by Buttineau Be it resolved that we do now go In-Camera at 9:05 p.m. to discuss Legal Matters. Carried. Motion No. 23 Moved by Hough, Seconded by Buttineau Be it resolved that we do now Rise and Report from In-Camera at 9:35 p.m. Carried. Page 9 Council Meeting Minutes- November 3, 2004 a) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. 24 Moved by Hughes, Seconded by Hough Be it resolved that the information from Jennifer Zieleniewski, CAO re: Legal Matter be received; and further that the Minutes of Settlement with respect to Court File No. G22791/98 (Francis) be received and adopted. Carried. b) Jennifer Zieleniewski, CAO, re: Legal Updates. Motion No. 25 Moved by Buttineau, Seconded by Hughes Be it resolved that Confidential Report No. ADM 2004-049, Jennifer Zieleniewski, CAO, re: Legal Updates be received. Carried. 16. BY-LAWS: a) By-Law 2004-112 Being a By-law to establish Purchasing and Tendering Procedures for The Corporation of the Township of Oro- Medonte. Motion No. 26 Moved by Hough, Seconded by Buttineau Be it resolved that a By-law to establish Purchasing and Tendering Procedures for The Corporation of the Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2004-112. Carried. That By-law No. 2004-112 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 10 Council Meeting Minutes- November 3, 2004 b) By-Law 2004-113 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte. Motion No. 27 Moved by Marshall, Seconded by Fountain Be it resolved that a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2004-113. Carried. That By-law No. 2004-113 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Recorded Vote Requested on Third Reading by Deputy Mayor Hughes Deputy Mayor Hughes Nay Councillor Marshall Yea Councillor Buttineau Yea Councillor Crawford Nay Councillor Fountain Yea Councillor Hough Nay Mayor Craig Yea c) By-Law 2004-122 Being a By-law to Amend By-law 98-97 a By-law to Designate Areas of the Township as Site Plan Control Areas. Motion No. 28 Moved by Hughes, Seconded by Buttineau Be it resolved that a By-law to Amend By-law 98-97 a By-law to Designate Areas of the Township as Site Plan Control Areas be introduced and read a first and second time and numbered By-law No. 2004-122. Carried. That By-law No. 2004-122 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 11 Council Meeting Minutes- November 3, 2004 d) By-Law 2004-124 Being a By-law to provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By-law No. 2001-033. Motion No. 29 Moved by Hough, Seconded by Buttineau Be it resolved that a By-law to provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By-law No. 2001-033 be introduced and read a first and second time and numbered By-law No. 2004-124. Carried. That By-law No. 2004-124 be read a third time and finally passed, as amended, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 17. CONFIRMATION BY-LAW NO. 2004-123 Motion No. 30 Moved by Hough, Seconded by Hughes Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, November 3,2004 be introduced and read a first and second time and numbered By-law No. 2004-123. Carried. That By-law No. 2004-123 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 12 Council Meeting Minutes- November 3, 2004 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT Motion No. 31 Moved by Hughes, Seconded by Hough Be it resolved that we do now adjourn at 9:45 p.m. Carried. ~' Yl0 ~ M or, J. Neil Craig Page 13 Council Meeting Minutes- November 3, 2004