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06 15 2005 COW Minutes TOWNSHIP OF ORO-MEDONTE REGULAR COMMITTEE OF THE WHOLE MEETING MINUTES Wednesday, June 15, 2005 @ 1 :07 p.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; Jerry Ball, Public Works Superintendent; Bruce Hoppe, Director of Planning; Chris Carter, Manager of Recreation and Community Services; Keith Mathieson, Director of Engineering and Environmental Services; Joe Casey, Director of Fire and Emergency Services; Nick McDonald, Meridian Planning Consultants Ltd. Also Present: Stacey Patchell, John Hare, Ron Suwala Mayor J. Neil Craig assumed the chair and called the meeting to order. 1. NOTICE OF ADDITIONS TO AGENDA Motion No. CW-1 Moved by Fountain, Seconded by Marshall It is recommended that the following items be added to the agenda for consideration: 6. FINANCE, ADMINISTRATION AND FIRE: f) Report No. PR 2005-05, Chris Carter, Manager of Recreation and Community Services re: Request for Exemption - Hawkestone Community Hall Canada Day Parade. g) Verbal Report, Chris Carter, Manager of Recreation and Community Services re: Public Workshops - May 31 and June 4, 2005. Carried. 2. ADOPTION OF THE AGENDA Motion No. CW-2 Moved by Crawford, Seconded by Fountain It is recommended that the agenda for the Committee of the Whole meeting of Wednesday, June 15, 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) John Hare, re: 60th Anniversary of VE Day and Liberation of the Netherlands. John Hare distributed pictures to Council depicting the Juno Beach memorial. Motion No. CW-3 Moved by Fountain, Seconded by Crawford It is recommended that Mr. John Hare be congratulated for his inspiration and dedication re: 60th Anniversary of VE Day and Liberation of the Netherlands and that a letter, under the Mayor's signature, recognizing his achievements be forwarded to Mr. Hare. Carried. 5. CORRESPONDENCE: a) Donald Campbell and Jim Campbell, correspondence dated April 28, 2005 re: Guthrie United Church and Cemetery. Motion No. CW-4 Moved by Crawford, Seconded by Marshall It is recommended that the correspondence dated April 28, 2005 from Donald Campbell and Jim Campbell, re: Guthrie United Church and Cemetery be received. Carried. Page 2 Committee of the Whole Meeting - June 15, 2005 b) The City of Cambridge, correspondence dated May 17, 2005 re: Volunteer and Municipal Trails. Motion No. CW-5 Moved by Marshall, Seconded by Crawford It is recommended that the correspondence dated May 17, 2005 from The City of Cambridge, re: Volunteer and Municipal Trails be received; that the Township of Oro-Medonte support the City of Cambridge's position to "request that the Minister of Municipal Affairs and Housing and the Minister of Tourism and Recreation amend the Occupiers Liability Act so as to clearly establish that those using trail systems are deemed to do so at their own risk, so that owners and volunteer organizations will not be held liable in any way for any damages arising from the use of trails by the public'. Carried. c) Monte Kwinter, Minister of Community Safety and Correctional Services, correspondence dated June 2, 2005 re: "Double Hatter" Fire Fighters. Motion No. CW-6 Moved by Crawford, Seconded by Fountain It is recommended that the correspondence dated June 2, 2005 from Monte Kwinter, Minister of Community Safety and Correctional Services, re: "Double Hatter" Fire Fighters be received. Carried. d) Frank Reynolds, correspondence dated May 30, 2005 re: Road Condition of Woodland Drive - Lots 709 to 777. Motion No. CW-7 Moved by Fountain, Seconded by Marshall It is recommended that the correspondence dated May 30, 2005 from Frank Reynolds, re: Road Condition of Woodland Drive - Lots 709 to 777 be received and referred to staff for a response under the Mayor's signature. Carried. Page 3 Committee of the Whole Meeting - June 15, 2005 e) Steve Barker, Superintendent of Education, Simcoe County District School Board, correspondence dated May 30, 2005 re: Licence Agreement between the Simcoe County District School Board and the Township of Oro-Medonte (Shanty Bay Public School). Motion No. CW-8 Moved by Marshall, Seconded by Crawford It is recommended that the correspondence dated May 30, 2005 from Steve Barker, Superintendent of Education, Simcoe County District School Board, re: Licence Agreement between the Simcoe County District School Board and the Township of Oro-Medonte (Shanty Bay Public School) be received and forwarded to the Shanty Bay Hall Board for their information and that staff continue to liaise with the Simcoe County District School Board to resolve this issue. Carried. f) Bob Gregory, Parade Marshal, Hawkestone and Area Community Association, correspondence dated June 14, 2005 re: Canada Day Parade. Motion No. CW-9 Moved by Fountain, Seconded by Crawford It is recommended that the correspondence dated June 14,2005 from Bob Gregory, Parade Marshal, Hawkestone and Area Community Association, re: Canada Day Parade be received. Carried. 6. FINANCE, ADMINISTRATION AND FIRE: a) Report No. FD 2005-11, Joe Casey, Director of Fire and Emergency Services, re: Fire Report for Month of April, 2005. Motion No. CW-10 Moved by Crawford, Seconded by Fountain It is recommended that Report No. FD 2005-11, Joe Casey, Director of Fire and Emergency Services, re: Fire Report for Month of April, 2005 be received. Carried. Page 4 Committee of the Whole Meeting - June 15, 2005 b) Report No. TR 2005-11, Bonnie McPhee, Accounting Clerk, re: Statement of Accounts, May, 2005. Motion No. CW-11 Moved by Marshall, Seconded by Crawford It is recommended that Report No. TR 2005-11, Bonnie McPhee, Accounting Clerk, re: Stalement of Accounts, May, 2005 be received and further that the accounts for the month of May, 2005 totalling $766,216.29 be received. Carried. c) Report No. ADM 2005-025, Marilyn pennycook, Clerk, re: Request for Closure and Sale of Unopened Road Allowance Portion of Line 14 North from Cook Lane to Bass Lake (Fox). Motion No. CW-12 Moved by Fountain, Seconded by Crawford It is recommended that 1. Report No. ADM 2005-025, Marilyn pennycook, Clerk, re: Request for Closure and Sale of Unopened Road Allowance Portion of Line 14 North from Cook Lane to Bass Lake (Fox) be received and adopted. 2. That the original unopened road allowance portion of Line 14 North from Cook Lane to Bass Lake, be retained by the Township. 3. And Further That the applicant be advised of Council's decision. Carried. d) Report No. PR 2005-04, Chris Carter, Manager of Recreation and Community Development, re: Craighurst Community Hall Board Request re: Reallocation of 2005 Capital Funds. Motion No. CW-13 Moved by Marshall, Seconded by Fountain It is recommended that 1. Report No. PR 2005-04, Chris Carter, Manager of Recreation and Community Services, re: Craighurst Community Hall Board Request re: Reallocation of 2005 Capital Funds be received and adopted; 2. That Council authorize the reallocation of the dedicated funds for the replacement of the three windows to the repairs to the North side of the Craighurst Community Hall in the amount of $1,745.00 plus GST, municipally funded at 100 percent; 3. That Council authorize the over expenditure of $370.00 for the project. 4. And Further That Craighurst Community Hall Board be notified accordingly of Council's decision. Carried. Page 5 Committee of the Whole Meeting - June 15, 2005 e) Report No. ADM 2005-026, Jennifer Zieleniewski, CAO, re: John Markov, Concession 8, Pt Lots 26 & 27, Plan 606, Lots 201-203, Lots 229-231, 16 Barbara Avenue (Oro), Township of Oro-Medonte. Motion No. CW-14 Moved by Crawford, Seconded by Marshall It is recommended that 1. Report No. ADM 2005-026, Jennifer Zieleniewski, CAO, re: John Markov, Concession 8, pt Lots 26 & 27, Plan 606, Lots 201-203, Lots 229-231, 16 Barbara Avenue (Oro), Township of Oro-Medonte be received and adopted. 2. That staff work with the proponent in consultation with the Township solicitor in drafting an appropriate easement agreement to provide for legal vehicular access to the proponent's dwelling. 3. That all costs relating to same be borne by the proponent. 4. And Further that the Clerk bring forward the appropriate By-law authorizing execution of the agreement. Carried. f) Report No. PR 2005-05, Chris Carter, Manager of Recreation and Community Services re: Request for Exemption - Hawkestone Community Hall Canada Day Parade. Motion No. CW-15 Moved by Fountain, Seconded by Marshall It is recommended that 1. Report No. PR 2005-05, Chris Carter, Manager of Recreation and Community Services, re: Request for Exemption - Hawkestone Community Hall Canada Day Parade be received and adopted. 2. And Further That an exemption to By-law 99-41 be granted to the Hawkestone Community Hall to hold a Canada Day Parade on Friday July 1st, 2005 commencing at 1 :00 p.m. Carried. Page 6 Committee of the Whole Meeting - June 15, 2005 g) Verbal Report, Chris Carter, Manager of Recreation and Community Services re: Public Workshops May 31 and June 4, 2005. Motion No. CW-16 Moved by Buttineau, Seconded by Hough It is recommended that the verbal report from Chris Carter, Manager of Recreation and Community Services re: Public Workshops - May 31 and June 4, 2005 be received. Carried. 7. PUBLIC WORKS: None. 8. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report No. EES 2005-22, Keith Mathieson, Director of Engineering and Environmental Services, re: Amendment to Existing Standard Subdivision Agreement. Motion No. CW-17 Moved by Hughes, Seconded by Buttineau It is recommended that 1. Report No. EES 2005-22, Keith Mathieson, Director of Engineering and Environmental Services, re: Amendment to Existing Standard Subdivision Agreement be received and adopted. 2. That Section 7.16, Drainaae and Lot Gradina, of the Standard Subdivision Agreement be amended by adding "....and approved by the Township Engineer. The parties acknowledge and agree that nothing contained in the Clause shall require the Township to undertake any works or take any action once final occupancy for any lots in the subdivision have been issued' to paragraph two and by underscoring "if it so elects" in paragraph three. 3. And Further That the Clerk prepare a By-law for Council's consideration. Carried. Page 7 Committee of the Whole Meeting - June 15, 2005 b) Report No. EES 2005-23, Keith Mathieson, Director of Engineering and Environmental Services, re: Enforcement of County of Simcoe Waste Management By-Law. Motion No. CW-18 Moved by Buttineau, Seconded by Hough It is recommended that 1. Report No. EES 2005-23, Keith Mathieson, Director of Engineering and Environmental Services, re: Enforcement of County of Simcoe Waste Management By-Law be received and adopted. 2. That the Township of Oro-Medonte recommend Option #3 of County Report #CS 05-121: "The County should solely enforce its By-law to the best of its ability through its capacity to: a) fine through a ticket system, and if required b) carry out clean-up work and have this cost charged to the landowner as taxes through the lower tier municipality". 3. And Further That the County be notified of Council's decision. Carried. c) Report No. EES 2005-24, Keith Mathieson, Director of Engineering and Environmental Services, re: Catherine Anne Staples - Site Plan Agreement - Lot 3, Plan 51M-720 - 30 Highland Drive. Motion No. CW-19 Moved by Hughes, Seconded by Hough It is recommended that 1. Report No. EES 2005-24, Keith Mathieson, Director of Engineering and Environmental Services, re: Catherine Anne Staples - Site Plan Agreement - Lot 3, Plan 51 M-720 - 30 Highland Drive be received and adopted. 2. That the Township of Oro-Medonte enter into a Site Plan Agreement with Catherine Anne Staples to construct a single family home at 30 Highland Drive. 3. That the Clerk prepare a By-law for Council's consideration. 4. And Further That Ms. Staples be notified of Council's decision. Carried. Page 8 Committee of the Whole Meeting - June 15, 2005 d) Report No. EES 2005-25, Keith Mathieson, Director of Engineering and Environmental Services, re: Sharon Bellisle - Site Plan Agreement Lot 39, Plan 791, 8 Goss Road - Being all of PIN # 58531-0380 (Lt). Motion No. CW-20 Moved by Hughes, Seconded by Buttineau It is recommended that 1. Report No. EES 2005-25, Keith Mathieson, Director of Engineering and Environmental Services, re: Sharon Bellisle - Site Plan Agreement - Lot 39, Plan 791, 8 Goss Road - Being all of PIN # 58531-0380 (Lt) be received and adopted. 2. That the Township of Oro-Medonte enter into a Site Plan Agreement with Sharon Bellisle to construct a full basement under the house at 8 Goss Road. 3. That the Clerk prepare a By-law for Council's consideration. 4. And Further That Ms. Bellisle be notified of Council's decision. Carried. 9. BUILDING, PLANNING AND DEVELOPMENT: a) Report No. PD 2005-031, Bruce Hoppe, Director of Planning, re: Guthrie United Church, 59 Line 4 North. Motion No. CW-21 Moved by Buttineau, Seconded by Hughes It is recommended that 1. Report No. PD 2005-031, Bruce Hoppe, Director of Planning, re: Guthrie United Church, 59 Line 4 North be received and adopted. 2. That staff be directed to work with the proponents in consultation with the Township solicitor in drafting an easement agreement. 3. That the proposed easement agreement be restrictive to the use of the property for a church and cemetery use only. 4. That all costs relating to this agreement be borne by the Guthrie United Church. 5. And Further That the Clerk bring forward the appropriate By-law authorizing the Mayor and Clerk to execute the easement agreement. Carried. Page 9 Committee of the Whole Meeting - June 15, 2005 b) Report No. PD 2005-032, Bruce Hoppe, Director of Planning, re: Removal of Holding Provision - 8 Goss Road, Lot 39, Plan 791 Sharon Bellisle (Van Noort). Motion No. CW-22 Moved by Hughes, Seconded by Hough It is recommended that 1. Report No. PD 2005-032, Bruce Hoppe, Director of Planning, re: Removal of Holding Provision - 8 Goss Road, Lot 39, Plan 791 - Sharon Bellisle (Van Noort) be received and adopted. 2. That the Clerk bring forward the appropriate by-law for Council's consideration. 3. And Further That Ms. Bellisle be advised of Council's decision on the matter. Carried. c) Report No. PD 2005-033, Bruce Hoppe, Director of Planning, re: Removal of Holding Provision - 30 Highland Drive, Lot 3, Plan M-720 (Staples). Motion No. CW-23 Moved by Buttineau, Seconded by Hughes It is recommended that 1. Report No. PD 2005-033, Bruce Hoppe, Director of Planning, re: Removal of Holding Provision - 30 Highland Drive, Lot 3, Plan M-720 (Staples) be received and adopted. 2. That the Clerk bring forward the appropriate by-law for Council's consideration. 3. And Further That Ms. Staples be advised of Council's decision on the matter. Carried. d) Report No. PD 2005-034, Nick McDonald, Planning re: Appeals to OPA 16 and 17- Declaration of Provincial Interest. Motion No. CW-24 Moved by Hughes, Seconded by Buttineau It is recommended that 1. Report No. PD 2005-034, Nick McDonald, Planning Consultant, re: Appeals to OPA 16 and 17 - Declaration of Provincial Interest be received and adopted. 2. That staff be authorized to prepare, under the Mayor's signature, a request to the Minister of Municipal Affairs and Housing to declare a Provincial Interest in the hearing of OPA 16 and OPA 17. 3. And Further That the County of Simcoe be requested to support Council's request to the Minister of Municipal Affairs and Housing. Carried. Page 10 Committee of the Whole Meeting - June 15, 2005 e) Report No. PO 2005-035, Bruce Hoppe, Director of Planning, re: Request to Upgrade 5th Line North and to Obtain Severances on Suwala Property. Motion No. CW-25 Moved by Buttineau, Seconded by Hough It is recommended that 1. Report No. PO 2005-035, Bruce Hoppe, Director of Planning, re: Request to Upgrade 5th Line North and to Obtain Severances on Suwala Property be received and adopted. 2. That the proponent be advised that the Township is not in a position at this time to assume the road improvement costs outlined in this report. 3. And Further That the proponent be encouraged to file an application for consent for one additional lot (1 hectare in size) in order to preserve the limited severance permissions which exist under the current regime should he decide to pursue, alone or with other landowners, bearing the road improvement cost. Carried. 10. IN-CAMERA: Motion No. CW-26 Moved by Hughes, Seconded by Buttineau It is recommended that we do now go In-Camera at 3:00 p.m. to discuss Property and Legal Matters. Carried. Motion No. CW-27 Moved by Buttineau, Seconded by Hough It is recommended that we do now Rise and Report from In-Camera at 3:35 p.m. Carried. Page 11 Committee of the Whole Meeting - June 15, 2005 a) Councillor Marshall, Verbal re: Property Matter. Councillor Marshall distributed confidential correspondence dated May 8, 2005. Motion No. CW-28 Moved by Hough, Seconded by Buttineau It is recommended that the information from Councillor Marshall re: Property Matter be received and that staff be authorized to investigate the matter. Carried. b) Jennifer Zieleniewski, CAO, re: Legal Matter (Warminster well). Motion No. CW-29 Moved by Buttineau, Seconded by Hough It is recommended that the confidential correspondence dated June 15, 2005 from Jennifer Zieleniewski, CAO, re: Legal Matter (Warminster well) be received. Carried. 11. ADJOURNMENT: Motion No. CW-30 Moved by Buttineau, Seconded by Hough It is recommended that we do now adjourn at 3:40 p.m. Carried. C) - JtJ . Mtyor, J. Neil Craig Pennyco v Page 12 Committee of the Whole Meeting - June 15, 2005