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05 04 2005 Council MinutesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING MINUTES Wednesday, May 4, 2005 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 Gravelle, Treasurer; Nick McDonald, TIME: 7:10 p.m. Pennycook, Clerk; Paul Meridian Planning Consultants Ltd.; Janette Teeter, Clerk's Assistant Also Present: Brian Malloy, Helen Malloy, Ron Suwala, Stacey Patchell, Jim Purnell 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 Crawford, Seconded by Fountain Be it resolved that the following items be added to the agenda for consideration: 12. REPORTS OF MUNICIPAL OFFICERS: b) Report No. ADM 2005 -023 Jennifer Zieleniewski, CAO, re: Request from Warminster Soccer Club for "Lining" of Soccer Fields (Richlieu Park). c) Councillor Crawford, re: Large Item Pick -Up. d) Deputy Mayor Hughes, re: County Council Audit Committee. 13. REPORTS OF COMMITTEES: e) Correction to Committee of the Whole minutes, November 24, 2004. 15. IN- CAMERA: a) Jennifer Zieleniewski, CAD, re: Personnel Matter. b) Jennifer Zieleniewski, CAD, re: Legal Matter. 16. BY -LAWS: f) By -Law 2005 -044 A By -law under the Building Code Act Respecting Permits and Related Matters. 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, May 4, 2005 be received and adopted, as amended to revise Item 13c) Public Meeting Minutes to reflect the correct Concession number (Concession 7). 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 April 20, 2005. Motion No. 3 Moved by Fountain, Seconded by Marshall Be it resolved that the minutes of the Council meeting held on April 20, 2005 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: a) Proposed Fees and Charges By -Law, "A By -law of The Corporation of the Township of Oro - Medonte to Provide for the Imposition of Fees or Charges ". Motion No. 4 Moved by Crawford, Seconded by Fountain Be it resolved that the information presented at the Public Meeting re: Notice of Intention to Pass a By -Law Establishing Fees and Charges be received. Carried. Page 2 Council Meeting Minutes- May 4, 2005 Motion No. 5 Moved by Fountain, Seconded by Crawford Be it resolved that this Public Meeting be adjourned at 7:20 p.m. Carried. 9. DEPUTATIONS: a) Ron Suwala, re: Request for Severance, East 1/2 Lot 2, Concession 5. Motion No. 6 Moved by Crawford, Seconded by Marshall Be it resolved that the correspondence dated March 28, 2005 from Ron Suwala re: Request for Severance, East' /2 Lot 2, Concession 5 be received and referred to staff for a report. Carried. b) Helen Malloy re: Adopt -A -Road Proposal. Helen Malloy submitted a brochure and correspondence from The County of Simcoe regarding Adopt -A- Highway Program to the Clerk. Motion No. 7 Moved by Crawford, Seconded by Fountain Be it resolved that the correspondence dated April 3, 2005 from Helen Malloy re: Adopt -A -Road Proposal be received and referred to staff for a report. Carried. Page 3 Council Meeting Minutes— May 4, 2005 10. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Regional Airport Commission, minutes of February 17 and March 24, 2005 meetings. Staff Recommendation: Receipt. b) Orillia Public Library Board, minutes of February 23, 2005 meeting. Staff Recommendation: Receipt. c) Midland Public Library Board, minutes of March 10, 2005 meeting. Staff Recommendation: Receipt. d) Dalton McGuinty, Premier, correspondence dated April 11, 2005 re: "Double Hatter" Fire Fighters. Staff Recommendation: Receipt. Motion No. 8 Moved by Fountain, Seconded by Marshall Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Lake Simcoe Regional Airport Commission, minutes of February 17 and March 24, 2005 meetings. Staff Recommendation: Received. b) Orillia Public Library Board, minutes of February 23, 2005 meeting. Staff Recommendation: Received. c) Midland Public Library Board, minutes of March 10, 2005 meeting. Staff Recommendation: Received. d) Dalton McGuinty, Premier, correspondence dated April 11, 2005 re: "Double Hatter" Fire Fighters. Staff Recommendation: Received. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. Carried. Page 4 Council Meeting Minutes— May 4, 2005 12. REPORTS OF MUNICIPAL OFFICERS: a) Paul Gravelle, Treasurer, re: 2005 Operating and Capital Budget. Motion No. 9 Moved by Fountain, Seconded by Crawford Be it resolved that the 2005 Operating, Capital and Reserve Budgets are hereby adopted. Carried. b) Report No. ADM 2005 -023 Jennifer Zieleniewski, CAO, re: Request from Warminster Soccer Club for "Lining" of Soccer Fields (Richlieu Park). Motion No. 10 Moved by Marshall, Seconded by Crawford Be it resolved that Report No. ADM 2005 -023 Jennifer Zieleniewski, CAO, re: Request from Warminster Soccer Club for "Lining" of Soccer Fields (Richlieu Park) be received; and that the Warminster Soccer Club be advised of Council's decision. Defeated. Motion No. 11 Moved by Hough, Seconded by Buttineau Be it resolved that Report No. ADM 2005 -023 Jennifer Zieleniewski, CAO, re: Request from Warminster Soccer Club for "Lining" of Soccer Fields (Richlieu Park) be received; and that the Township forces line the fields at Warminster Richlieu Park. Carried. c) Councillor Crawford, re: Large Item Pick -Up. Discussion. d) Deputy Mayor Hughes, re: County Council Audit Committee. Deputy Mayor Hughes distributed to Council correspondence dated February 25, 2005 from Collins Barrow to The County of Simcoe. Discussion. Page 5 Council Meeting Minutes— May 4, 2005 13. REPORTS OF COMMITTEES: a) Minutes of Public Meeting, April 18, 2005, re: Proposed Amendment Zoning By -Law, 2005 - ZBA -04, Concession 3, Part of Lot 27 & 28 (Gartner). Motion No. 12 Moved by Crawford, Seconded by Marshall Be it resolved that the minutes of Public Meeting held on April 18, 2005, re: Proposed Amendment Zoning By -Law, Application # 2005 - ZBA -04, Concession 3, Part of Lot 27 & 28 (Oro), Township of Oro - Medonte (Gartner) be received. b) Minutes of Public Meeting, April 18, 2005, re: Proposed Official Plan Amendment, 2005- OPA -02, Concession 11, North Part of Lot 3 (Webb). Motion No. 13 Moved by Hughes, Seconded by Hough Be it resolved that the minutes of Public Meeting held on April 18, 2005, re: Proposed Official Plan Amendment, Application # 2005- OPA -02, Concession 11, North Part of Lot 3 (Medonte), Township of Oro - Medonte (Webb) be received. Carried. c) Minutes of Public Meeting, April 18, 2005, re: Proposed Amendment Zoning By -Law, 2005 - ZBA -03, Concession 8, Part of Lot 21 (Derossa). Motion No. 14 Moved by Buttineau, Seconded by Hughes Be it resolved that the minutes of Public Meeting held on April 18, 2005, re: Proposed Amendment Zoning By -Law, Application # 2005 - ZBA -03, Concession 7, Part of Lot 21 (Oro), Township of Oro - Medonte (Derossa) be received, as amended. Carried. Page 6 Council Meeting Minutes— May 4, 2005 d) Minutes of the Committee of the Whole Meeting, April 27, 2005. Motion No. 15 Moved by Buttineau, Seconded by Hough Be it resolved that the minutes of the Committee of the Whole Meeting held on April 27, 2005 be received and that the recommendations therein be adopted. Carried. e) Correction to Committee of the Whole minutes, November 24, 2004, Motion No. 16 Moved by Hughes, Seconded by Buttineau Be it resolved that the minutes of the Committee of the Whole meeting held on November 24, 2004 be amended to correct the typographical error on Motion No. CW -28 from "ADM 2004 -60" to "PD 2004 -60 ". Carried. 14. COMMUNICATIONS: a) Regional Municipality of Niagara, correspondence dated March 3, 2005 re: Long Term Viability of Ontario Farmers. Motion No. 17 Moved by Hough, Seconded by Hughes Be it resolved that the correspondence dated March 3, 2005 from The Regional Municipality of Niagara re: Long Term Viability of Ontario Farmers be received; and further that the Township of Oro - Medonte support the Regional Municipality of Niagara's request in recognizing the real threat to the long term viability of Ontario farmers and requests the governments of Ontario and Canada to: a) ensure that the implementation and application of nutrient management rules are done in a way that addresses the concerns the farm community has repeatedly raised; b) recognize that environmental benefits provided by farmers offset any need for administrative charges on water taking permits; c) restore confidence of government/farmer partnership by re- establishing long- term investment in drainage infrastructure; d) immediately implement an action plan to address the farm income crisis. Carried. Page 7 Council Meeting Minutes— May 4, 2005 b) City of Ottawa, correspondence dated April 20, 2005 re: Elimination of Retirement Farm Lots. Motion No. 18 (Amendment) Moved by Hughes, Seconded by Crawford Be it resolved that the motion re: City of Ottawa correspondence dated April 20, 2005 re: Elimination of Retirement Farm Lots be amended to read, "and further that the Township of Oro - Medonte support the City of Ottawa's request that the Government of Ontario reconsider its decision to disallow and eliminate retirement farm lots for bona fide farmers". Recorded Vote Requested by Deputy Mayor Hughes Deputy Mayor Hughes Yea Councillor Marshall Nay Councillor Buttineau Nay Councillor Crawford Yea Councillor Fountain Yea Councillor Hough Nay Mayor Craig Nay Motion No. 19 Moved by Buttineau, Seconded by Hough Be it resolved that the correspondence dated April 20, 2005 from City of Ottawa, re: Elimination of Retirement Farm Lots be received. Carried. 15. IN- CAMERA: Motion No. 20 Moved by Hughes, Seconded by Buttineau Be it resolved that we do now go In- Camera at 9:00 p.m. to discuss Personnel and Legal Matters. Carried. Page 8 Council Meeting Minutes- May 4, 2005 Motion No. 21 Moved by Hough, Seconded by Hughes Be it resolved that we do now Rise and Report from In- Camera at 10:00 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Personnel Matter (Director of Planning). Motion No. 22 Moved by Buttineau, Seconded by Hough Be it resolved that Confidential Report No. ADM 2005 -022, Jennifer Zieleniewski, CAO, re: Personnel Matter (Director of Planning) be received and adopted. Carried. b) Jennifer Zieleniewski, CAO, re: Legal Matter (Hillway). Discussion. Motion No. 23 Moved by Crawford, Seconded by Marshall Be it resolved that WHEREAS the Township is in receipt of an application for re- zoning to permit the washing of aggregate from another site on lands owned by Hillway Equipment Limited in Part of Lots 8, 9 and 10, Concession 13; AND WHEREAS the application has been appealed to the Ontario Municipal Board by the applicant; NOW THEREFORE be it resolved that Council: a) has no opposition to the granting of the zoning appeal by the Ontario Municipal Board, and the Township request that the Board impose the following conditions to be implemented by agreement or otherwise to the satisfaction of the Township prior to the issuance of the Ontario Municipal Board order with respect to the zoning appeal. i) a monitoring program based on the recommendations made by Jagger Hims Limited dated January 27, 2005 is implemented; ii) the results of the monitoring program are documented in an annual report that is provided to the Township for review; iii) the existing Permit to Take Water is amended to provide for an appropriate expiry date; Carried. Page 9 Council Meeting Minutes— May 4, 2005 16. BY -LAWS: a) By -law No. 2005 -043 A By -law of The Corporation of the Township of Oro - Medonte to Provide for the Imposition of Fees or Charges. Motion No. 24 Moved by Hughes, Seconded by Hough Be it resolved that a By -law of The Corporation of the Township of Oro- Medonte to Provide for the Imposition of Fees or Charges be introduced and read a first and second time and numbered By -law No. 2005 -043. Carried. That By -law No. 2005 -043 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. b) By -law No. 2005 -045 Being a By -Law to Amend By -law No. 1994 -042, A By -law to Appoint Fence Viewers. Motion No. 25 Moved by Buttineau, Seconded by Hughes Be it resolved that a By -Law to Amend By -law No. 1994 -042, A By -law to Appoint Fence Viewers be introduced and read a first and second time and numbered By -law No. 2005 -045. Carried. That By -law No. 2005 -045 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. R - Page 10 Council Meeting Minutes— May 4, 2005 c) By -law No. 2005 -046 Being a By -Law to Amend By -law No. 1994 -099, A By -law to Regulate the Construction of Driveway Entrances Upon Highways under the jurisdiction of the Township of Oro - Medonte. Motion No. 26 Moved by Buttineau, Seconded by Hough Be it resolved that a By -Law to Amend By -law No. 1994 -099, A By -law to Regulate the Construction of Driveway Entrances Upon Highways under the jurisdiction of the Township of Oro - Medonte be introduced and read a first and second time and numbered By -law No. 2005 -046. Carried. That By -law No. 2005 -046 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. d) By -law No. 2005 -047 Being a By -Law to Amend By -law No. 1999 -131, A By -law to Establish User Fees for Livestock Claims in the Township of Oro - Medonte. Motion No. 27 Moved by Hughes, Seconded by Hough Be it resolved that a By -Law to Amend By -law No. 1999 -131, A By -law to Establish User Fees for Livestock Claims in the Township of Oro- Medonte be introduced and read a first and second time and numbered By -law No. 2005- 047. Carried. That By -law No. 2005 -047 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— May 4, 2005 e) By -law No. 2005 -048 Being a By -Law to Amend By -law No. 1998 -184, A By -law to Establish User Fees for moving of Oversize Equipment or Machinery on Township of Oro - Medonte Road Allowances. Motion No. 28 Moved by Buttineau, Seconded by Hughes Be it resolved that a By -Law to Amend By -law No. 1998 -184, A By -law to Establish User Fees for moving of Oversize Equipment or Machinery on Township of Oro - Medonte Road Allowances be introduced and read a first and second time and numbered By -law No. 2005 -048. Carried. That By -law No. 2005 -048 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. f) By -Law No. 2004 -044 A By -law under the Building Code Act Respecting Permits and Related Matters. Motion No. 29 Moved by Buttineau, Seconded by Hough Be it resolved that a By -law under the Building Code Act Respecting Permits and Related Matters be introduced and read a first and second time and numbered By -law No. 2005 -044. Carried. That By -law No. 2005 -044 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- May 4, 2005 17. CONFIRMATION BY -LAW NO. 2005 -042. Motion No. 30 Moved by Hughes, Seconded by Hough Be it resolved that a by -law to confirm the proceedings of the Council meeting held on Wednesday, May 4, 2005 be introduced and read a first and second time and numbered By -law No. 2005 -042. Carried. That By -law No. 2005 -042 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT Motion No. 31 Moved by Buttineau, Seconded by Hughes Be it resolved that we do now adjourn at 10:10 p.m. ✓. r Carried. Carried. Clerk, Marilyn Pennycoo Page 13 Council Meeting Minutes— May 4, 2005