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03 09 2005 COW Minutes TOWNSHIP OF ORO-MEDONTE REGULAR COMMITTEE OF THE WHOLE MEETING MINUTES Wednesday, March 9, 2005 @ 9:12 a.m. Council Chambers 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; Paul Gravelle, Treasurer; Andria Leigh, Director of Planning; Jerry Ball, Public Works Superintendent; Kim Allen; Manager of Building Services; Joe Casey, Director of Fire and Emergency Services; Keith Mathieson, Director of Engineering and Environmental Services; Chris Carter, Manager of Recreation and Community Services; Also Present: Stacey Patchell, Barb Rogers, Alia Sidoruk, Jim Woodford, Bill Pidlysny, Ed Evans, John Newell, Howie Rogers, Pat Hastings Mayor J. Neil Craig assumed the chair and called the meeting to order. 1. NOTICE OF ADDITIONS TO AGENDA No additions. 2. ADOPTION OF THE AGENDA Motion No. CW-1 Moved by Buttineau, Seconded by Hough It is recommended that the agenda for the Committee of the Whole meeting of Wednesday, March 9, 2005 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. 4. DEPUTATIONS: a) Provincial Constable Janet Small, Community Services & Media Relations Officer, Barrie OPP, re: Crime Prevention Through Environmental Design. This presentation will be brought forward to March 23, 2005. 5. CORRESPONDENCE: a) John Burke, Deputy Minister, Ministry of Municipal Affairs and Housing; Mike Trojan, CAO, Regional Municipality of Niagara, correspondence received February 23, 2005 re: Central Ontario Municipal Conference, April 28-29, 2005, Sheraton on the Falls Conference Centre, Niagara Falls. Motion No. CW-2 Moved by Hough, Seconded by Buttineau It is recommended that the correspondence from John Burke, Deputy Minister, Ministry of Municipal Affairs and Housing and Mike Trojan, CAO, Regional Municipality of Niagara, re: Central Ontario Municipal Conference, April 28-29, 2005, Sheraton on the Falls Conference Centre, Niagara Falls be received. Carried. b) AMO 2005 Annual Conference, August 14-17, 2005, Westin Harbour Castle, Toronto. Motion No. CW-3 Moved by Buttineau, Seconded by Hughes It is recommended that the correspondence dated February 25, 2005 re: AMO 2005 Annual Conference, August 14-17, 2005, Westin Harbour Castle, Toronto be received; and further that Mayor J. Neil Craig; Deputy Mayor Hughes, Councillor Buttineau and Councillor Hough be authorized to attend. Carried. Page 2 Committee of the Whole Meeting - March 9, 2005 c) AMO 2005 Small Urban Caucus (OSUM) Conference, May 4-7,2005, County of Huron, Maitland Recreation Centre, Goderich, Motion No. CW-4 Moved by Hough, Seconded by Buttineau It is recommended that the correspondence re: AMO 2005 Small Urban Caucus (OSUM) Conference, May 4-7,2005, County of Huron, Maitland Recreation Centre, Goderich be received. Carried. d) Paul Hudspith, Senior Project Manager, URS Canada Inc., correspondence dated February 25, 2005 re: Highway 11 Study Design Report, Barrie to Gravenhurst. Motion No. CW-5 Moved by Buttineau, Seconded by Hough It is recommended that the correspondence dated February 25, 2005 from Paul Hudspith, Senior Project Manager, URS Canada Inc., re: Highway 11 Study Design Report, Barrie be received; and further that any comments received be forwarded to URS Canada Inc. by April 1 , 2005, Carried. e) Dalton McGuinty, Premier, correspondence dated February 25, 2005 re: letter of appreciation, Tsunami donation. Motion No. CW-6 Moved by Hughes, Seconded by Buttineau It is recommended that the correspondence dated February 25, 2005 from Dalton McGuinty, Premier, re: letter of appreciation, Tsunami donation be received. Carried. Page 3 Committee of the Whole Meeting - March 9, 2005 6. FINANCE, ADMINISTRATION AND FIRE: a) Deputy Mayor Hughes, re: Job Descriptions (tabled, March 2, 2005). Jennifer Zieleniewski, CAO distributed information with respect to the job description additions. Deputy Mayor Hughes distributed information with respect to the job description additions. Motion No. CW-7 Moved by Fountain, Seconded by Marshall It is recommended that Motion 6a) with respect to additions to the job description for the CAO be deferred to the March 23, 2005 Committee of the Whole meeting. Carried. Motion No. CW-8 Moved by Hughes, Seconded by Hough It is recommended that the following statements be added to the job description for the CAO: "The Chief Administrative Officer shall be responsible to the Council and shall perform his/her duties in conformity with Council decisions." And ... "j) Administers and manages all policy decisions of Council and regularly reports to Council upon actions taken". Deferred. Page 4 Committee of the Whole Meeting - March 9, 2005 b) Chris Williams, Aird & Berlis LLP, re: Plan 709. Chris Williams distributed the Court of Appeal for Ontario Draft Order dated February 10, 2005, re: Plan 709. Jennifer Zieleniewski, CAO distributed financial information with respect to fees for Plan 709. Motion No. CW-9 Moved by Hughes, Seconded by Buttineau It is recommended that the information from Chris Williams, Aird & Berlis LLP, re: Plan 709 be received. Carried. Motion No. CW-10 Moved by Hughes, Seconded by Fountain It is recommended that pursuant to Court of Appeal Decision dated February 10, 2005, Motion No. 13 of the Council Meeting of November 3, 2004 re: Plan 709 surplus lands: "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." be withdrawn. Carried. Motion No. CW-11 Moved by Marshall, Seconded by Buttineau It is recommended that pursuant to Court of Appeal Decision dated February 10, 2005, Blocks A, Band C, Plan 709 and the extreme westerly 10 feet of Lot 33, Plan 709 are hereby declared surplus to the needs of the Municipality. Carried, Page 5 Committee of the Whole Meeting - March 9, 2005 c) Report No, TR 2005-05, Paul Gravelle, Treasurer, re: Development Charges Reserve Fund. Motion No. CW-12 Moved by Buttineau, Seconded by Hough It is recommended that 1. Report No. TR 2005-05, Paul Gravelle, Treasurer, re: Development Charges Reserve Fund be received, 2. That the financial statement relating to the Development Charges Reserve Fund for the year 2004 be received. 3. And Further That a copy of the said financial statement be forwarded to the Ministry of Municipal Affairs. Carried. d) Report No. TR 2005-06, Paul Gravelle, Treasurer, re: Development Charges Indexing. Motion No. CW-13 Moved by Fountain, Seconded by Crawford It is recommended that 1. Report No. TR 2005-06, Paul Gravelle, Treasurer, re: Development Charges Indexing be received and adopted. 2. That the Township's development charge per single detached dwelling unit be increased by $222.34 to $4,055.78, 3. That the Township's development charge per other dwelling unit be increased by $188.13 to $3,431.81. 4. And Further That the said increases shall be effective March 17, 2005, Carried. Page 6 Committee of the Whole Meeting - March 9, 2005 e) Report No. TR 2005-07, Bonnie McPhee, Accounting Clerk, re: Statement of Accounts, February, 2005. Motion No. CW-14 Moved by Crawford, Seconded by Fountain It is recommended that Report No, TR 2005-07, Bonnie McPhee, Accounting Clerk, re: Statement of Accounts, February, 2005 be received; and further that the accounts for the month of February, 2005 totalling $1,240,030.53 be received. Carried. f) Report No. FD 2005-05, Joe Casey, Director of Fire and Emergency Services, re: 2004 Year End Fire Calls, Fire Report. Motion No. CW-15 Moved by Marshall, Seconded by Fountain It is recommended that Report No. FD 2005-05, Joe Casey, Director of Fire and Emergency Services, re: 2004 Year End Fire Calls, Fire Report be received. Carried. g) Joe Casey, Director of Fire and Emergency Services re: Township of Oro- Medonte Emergency Response Plan. Motion No. CW-16 Moved by Crawford, Seconded by Marshall It is recommended that the information from Joe Casey, Director of Fire and Emergency Services re: Township of Oro-Medonte Emergency Response Plan be received; that the Township of Oro-Medonte Emergency Response Plan be adopted and further that the Plan be forwarded to Emergency Management Ontario. Carried, Page 7 Committee of the Whole Meeting - March 9, 2005 7. PUBLIC WORKS: a) Report No, PW 2005-02, Jerry Ball, Public Works Superintendent, re: 2000 Grader Lease. Motion No. CW-17 Moved by Fountain, Seconded by Crawford It is recommended that 1. Report No. PW 2005-02, Jerry Ball, Public Works Superintendent, re: 2000 Grader Lease be received and adopted; 2. That the two (2) 140H Caterpillar graders leased in July, 2000 be returned to Toromont Cat; 3. And Further That the Public Works Superintendent obtains sealed tenders to lease two (2) new motor graders. Carried. 8. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report No. EES 2005-04, Keith Mathieson, Director of Engineering and Environmental Services, re: John Cryer Construction Ltd. - Site Plan Agreement - Part Lots 21 and 22, Concession 5, Designated as Parts 18 and 29, 51 R- 19930 - Being all of PIN # 58550-0190 (Lt) - Roll # 010-008-10786. Motion No. CW-18 Moved by Fountain, Seconded by Marshall It is recommended that 1. Report No. EES 2005-04, Keith Mathieson, Director of Engineering and Environmental Services, re: John Cryer Construction Ltd. - Site Plan Agreement - Part Lots 21 and 22, Concession 5, Designated as Parts 18 and 29, 51 R- 19930 - Being all of PIN # 58550-0190 (Lt) - Roll # 010-008-10786 be received and adopted; 2. That The Township of Oro-Medonte enter into a Site Plan Agreement with John Cryer Construction Ltd. to construct a 31 m by 12m commercial building at 16 Winstar Road; 3. That the Clerk prepare a by-Law for Council consideration to enter into a Site Plan Agreement; 4. And Further That Mr. Cryer be notified of Council's decision. Carried. Page 8 Committee of the Whole Meeting - March 9, 2005 9. BUILDING, PLANNING AND DEVELOPMENT: a) Report No, BD 2005-05, Kim Allen, Manager of Building Services, re: Kennel & Dog Licensing Fees. Motion No. CW-19 Moved by Crawford, Seconded by Marshall It is recommended that 1. Report No. BD 2005-05, Kim Allen, Manager of Building Services, re: Kennel & Dog Licensing Fees be received and adopted; 2. That the fees for licensing dogs be increased to $25.00 male/female dog, $20.00 spayed/neutered dog and an additional $15.00 for late fees effective January 1, 2006. 3. And Further That the Clerk be authorized to bring forward the applicable by-law amendment for Council's consideration. Carried. b) Report No. PD 2005-012, Andria Leigh, Director of Planning, re: Amendment to Site Plan By-Law 2004-092 and Site Plan Addendum, Motion No. CW-20 Moved by Fountain, Seconded by Crawford It is recommended that 1. Report No. PD 2005-012, Andria Leigh, Director of Planning, re: Amendment to Site Plan By-Law 2004-092 and Site Plan Addendum be received and adopted; 2. That The Township of Oro-Medonte enter into an Addendum to Site Plan Control Agreement with Horseshoe Valley Resort LId, Heights of Horseshoe Townhouses and New Millennium Homes Limited to revise Section 1 - Covenants by the Owner to include: "(g) That if at any time within the next three (3) years, the Township of Oro-Medonte undertakes a monitoring program for the Coldwater River watershed, that the Owner will participate financially pro-rata in accordance with other water takers within the watershed". 3. That the Clerk bring forward the appropriate by-law for Council's consideration; 4. And Further That the applicant be notified of Council's decision. Carried. Page 9 Committee of the Whole Meeting - March 9, 2005 10. IN-CAMERA: Motion No. CW-21 Moved by Marshall, Seconded by Fountain It is recommended that we do now go In-Camera at 11 :05 a.m, to discuss Personnel and Property Matters. Carried. Motion No. CW-22 Moved by Crawford, Seconded by Marshall It is recommended that we do now Rise and Report from In-Camera at 12:35 p.m, Carried, a) Jennifer Zieleniewski, CAO re: Personnel Matter (Collective Agreement), The CAO distributed information with respect to the Collective Agreement Settlement Offer. Motion No. CW-23 Moved by Fountain, Seconded by Crawford It is recommended that the confidential information from Jennifer Zieleniewski, CAO, re: Personnel Matter (Collective Agreement Settlement Offer) be received; and further that the Memorandum of Understanding for the Collective Agreement dated March 3, 2005 for the term March 13, 2005 to January 11, 2008 be approved, Carried. b) Jennifer Zieleniewski, CAO re: Property Matter (Lot 356, Plan 626). Motion No. CW-24 Moved by Marshall, Seconded by Fountain It is recommended that 1. Confidential Report ADM 2005-014, Marilyn Pennycook, Clerk, re: Property Matter (Lot 356, Plan 626) be received and adopted, 2. That Lot 356, Plan 626 be declared surplus to the needs of the municipality, 3. That the applicant be responsible for all costs incurred by the Township In the conveyance of this property. 4. That the applicant be advised of Council's decision. Carried. Page 10 Committee of the Whole Meeting - March 9, 2005 11. ADJOURNMENT: Motion No. CW-25 Moved by Crawford, Seconded by Fountain It is recommended that we do now adjourn at 12:38 p.m. Carried. Page 11 Committee of the Whole Meeting - March 9, 2005 ,