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10 19 2005 Council Minutes ,ji! ,.,.. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, October 19,2005 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; Janette Teeter, Clerk's Assistant Also Present: Scott Allingham, Marion Homer, Rosemary Mairs, AI Panting, Stacey Patchell 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: 10. CONSENT AGENDA CORRESPONDENCE: d) Dr. Matthew Croskery, OakPark Pet Hospital, correspondence dated October 15,2005 re: Proposed Kennel on Line 8 North. [Refer to Item 12a)]. Staff Recommendation: Receipt. e) Shawn Englehart, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery. Staff Recommendation: Receipt. f) Colin Semple, Administrator, Ontario Geocaching Association, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery. Staff Recommendation: Receipt. g) J-P Johnson, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery Staff Recommendation: Receipt. Motion No.1 (Cont'd): v 12. REPORTS OF MUNICIPAL OFFICERS: e) Deputy Mayor Hughes, re: LSEMS Conference, October 20-21, 2005. f) Councillor Hough re: Placement of Hamlet Signs. g) Councillor Fountain re: Update re: Radar Board. h) Deputy Mayor Hughes, re: Provincial Towing Policy. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Personnel Matter (Withdrawn). b) Councillor Hough, re: Personnel 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, October 19, 2005 be received and adopted. Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" Deputy Mayor Hughes declared a conflict of interest on Item 12d) re: Oro District Lions Club for the reason that he is a member of the Oro District Lions Club. Deputy Mayor Hughes left the room and did not participate in any discussion or vote on this item. 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of October 5, 2005. Motion No.3 Moved by Fountain, Seconded by Crawford Be it resolved that the minutes of the Council meeting held on October 5, 2005 be adopted as printed and circulated. Carried. Page 2 Council Meeting Minutes~ October 19, 2005 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. CONSENT AGENDA CORRESPONDENCE: a) Orillia Public Library Board, minutes of May 25 and June 22, 2005 meetings. Staff Recommendation: Receipt. b) Lake Simcoe Regional Airport Commission, minutes of July 21,2005 meeting. Staff Recommendation: Receipt. c) Eric Rechnitzer, Chair, Oro District Lions Club, correspondence received October 7,2005 re: Request to Waive Rental Fee. Staff Recommendation: Receipt [Refer to Item 12d)]. d) Dr. Matthew Croskery, OakPark Pet Hospital, correspondence dated October 15, 2005 re: Proposed Kennel on Line 8 North. [Refer to Item 12a)]. Staff Recommendation: Receipt. e) Shawn Englehart, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery. Staff Recommendation: Receipt. f) Colin Semple, Administrator, Ontario Geocaching Association, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery. Staff Recommendation: Receipt. g) J-P Johnson, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery Staff Recommendation: Receipt. Page 3 CouncH Meeting Minutes- October 19, 2005 10. CONSENT AGENDA CORRESPONDENCE (Cont'd): '" Motion No.4 Moved by Marshall, Seconded by Fountain Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Orillia Public Library Board, minutes of May 25 and June 22, 2005 meetings. Received. b) Lake Simcoe Regional Airport Commission, minutes of July 21,2005 meeting. Received. c) Eric Rechnitzer, Chair, Oro District Lions Club, correspondence received October 7,2005 re: Request to Waive Rental Fee. Received. d) Dr. Matthew Croskery, OakPark Pet Hospital, correspondence dated October 15, 2005 re: Proposed Kennel on Line 8 North. [Refer to Item 12a)]. Received. e) Shawn Englehart, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery. Received. f) Colin Semple, Administrator, Ontario Geocaching Association, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery. Received. with the exception of Item 10g) to be voted on separately. Carried. g) J-P Johnson, correspondence dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery Motion No.5 Moved by Marshall, Seconded by Hough Be it resolved that the correspondence from J-P Johnson dated October 19, 2005 re: Geocaching and the Oro African Church and Cemetery be received. Carried. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. Page 4 Council Meeting Minules- October 19, 2005 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. BD 2005-15, Kim Allen, Manager of Building Services, Marion Homer Kennel Application, 6331 Line 8 North, Conc. 9, South Part Lot 22 [deferred from October 5, 2005]. Motion No.6 Moved by Crawford, Seconded by Marshall Be it resolved that 1. Report No. BD 2005-15, Kim Allen, Manager of Building Services, re: Marion Homer Kennel Application, 6331 Line 8 North, Conc. 9, South Part Lot 22 be received and adopted. 2. That a kennel license be issued to Marion Homer located at 6331 Line 8 North. 3. That the owner be required to sign a waiver that the kennel license can be revoked if Noise By-Law 97-82 is not complied with. 4. And Further That the applicant be notified of Council's decision. Carried. b) Report No. ADM 2005-51, Jennifer Zieleniewski, CAO, re: Fire Truck Tanker, Station 1 Replacement. Motion No.7 Moved by Crawford, Seconded by Fountain Be it resolved that 1. Report No. ADM 2005-51, Jennifer Zieleniewski, CAO, re: Fire Truck Tanker, Station 1 Replacement be received and adopted. 2. That the quotation for a cab and chassis be awarded to Lewis Motor Sales at a cost of $71,250.00 plus applicable tax. 3. And Further That Oro Design and Manufacturing be awarded the contract for the removal, refurbishing and reinstallation of the tank and cabinets at a cost of $30,250.00 plus applicable tax. Carried. Page 5 Council Meeting Minutes- October 19, 2005 c) Report No. ADM 2005-52, Jennifer Zieleniewski, CAO, re: Rugby Fire Station 4- Capital Expenditure (Painting Inside and Outside). ~f Motion No.8 Moved by Marshall, Seconded by Crawford Be it resolved that 1. Report No. ADM 2005-52, Jennifer Zieleniewski, CAO, re: Rugby Fire Station 4- Capital Expenditure (Painting Inside and Outside) be received and adopted. 2. That Council award the contract to Colacci Residential and Commercial Cleaning to clean, prep and paint (including materials) the inside and outside of the Rugby Station at a cost of $5,200.00 plus applicable tax. 3. And Further That the over expenditure of $4,000.00 dollars be considered an overrun to the 2005 Budget allocation. Carried. d) Chris Carter, Manager of Recreation and Community Services, re: Request to Waive Rental Fee, Oro District Lions Club. Deputy Mayor Hughes declared a conflict of interest on Item 12d) re: Oro District Lions Club for the reason that he is a member of the Oro District Lions Club. Deputy Mayor Hughes left the room and did not participate in any discussion or vote on this item. Motion No.9 Moved by Crawford, Seconded by Marshall Be it resolved that the information from Chris Carter, Manager of Recreation and Community Services, re: Request to Waive Rental Fees - Oro District Lions Club be received; and further that the Oro District Lions Club be requested to submit the applicable fee of $545.00 for the Guthrie Arena for the "Homecoming Event" to be held in July or August, 2006. Defeated. Motion No. 10 Moved by Crawford, Seconded by Fountain Be it resolved that the information from Chris Carter, Manager of Recreation and Community Services, re: Request to Waive Rental Fees - Oro District Lions Club be received; and further that the grant for the Oro District Lions Club for the use of the Oro- Medonte Community Arena for the "Homecoming Event" to be held in July or August, 2006 be approved. Carried. Page 6 Council Meeting Minules- October 19, 2005 e) Deputy Mayor Hughes, re: LSEMS Conference, October 20-21,2005. Motion No. 11 Moved by Fountain, Seconded by Crawford Be it resolved that Deputy Mayor Hughes be authorized to attend the Lake Simcoe Environmental Management (LSEMS) Conference, October 20-21, 2005. Carried. f) Councillor Hough re: Placement of Hamlet Signs. Discussion. g) Councillor Fountain re: Update re: Radar Board. Discussion. h) Deputy Mayor Hughes, re: Provincial Towing Policy. Correspondence dated October 5,2005 re: Provincial Towing Policy was distributed to Council. Discussion. 13. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held October 12, 2005. Motion No. 12 Moved by Buttineau, Seconded by Hough Be it resolved that the minutes of the Committee of the Whole Meeting held on October 12, 2005 be received and that the recommendations therein be adopted. Carried. Page 7 Council Meeting Minutes- October 19, 2005 14. COMMUNICATIONS: a) Association of Municipalities of Ontario, correspondence dated October 4, 2005 re: Alert 05/074, Private Member's Bill Could Impose New Prescriptive Rules on Municipal Government Outside of the Municipal Act. . Motion No. 13 Moved by Hughes, Seconded by Buttineau Be it resolved that WHEREAS the provincial Standing Committee on Regulations and Private Bills is currently debating Private Members Bill 123 the Transparency in Public Matters Act, and WHEREAS the proposed legislation includes municipal council and committees; and WHEREAS the proposed legislation adds requirements to notice provisions, open meetings, minutes, forms of meetings, among other matters all of which are addressed in the Municipal Act, which would create confusion for council, administration and the public; and WHEREAS the Municipal Act is currently under review and is being informed by input from the municipal and private sectors among others; and WHEREAS AMO and others have urged the Standing Committee to remove any reference to municipal councils or council committees from this legislation and allow transparency and accountability issues to continue to be regulated under the Municipal Act, THEREFORE BE IT RESOLVED that the Township of Oro-Medonte urge the Minister of Municipal Affairs and Housing to vote against the Bill if the reference to "municipal councils" is not deleted in the Bill as reported by the Standing Committee; and that MPP Garfield Dunlop be advised of the request to delete the reference to municipal council's from Bill 123. Carried. 15. IN-CAMERA: Motion No. 14 Moved by Buttineau, Seconded by Hughes Be it resolved that we do now go In-Camera at 7:55 p.m. to discuss a Personnel Matter. Carried. Page 8 Council Meeting Minules- October 19, 2005 Motion No.15 Moved by Hough, Seconded by Hughes Be it resolved that we do now Rise and Report from In-Camera at 8:10p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Personnel Matter. Withdrawn. b) Councillor Hough, re: Personnel Matter (Building Department). Discussion. 16. BY-LAWS: a) By-Law 2005-100 Being a By-law to Enter into a Water and Wastewater Systems Operations Agreement between The Corporation of the Township of Oro-Medonte and Big Cedar (Oro) Residents Association. Motion No. 16 Moved by Hough, Seconded by Buttineau Be it resolved that a By-law to Enter into a Water and Wastewater Systems Operations Agreement between The Corporation of the Township of Oro- Medonte and Big Cedar (Oro) Residents Association be introduced and read a first and second time and numbered By-law No. 2005-100. Carried. That By-law No. 2005-100 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- October 19, 2005 b) By-Law 2005-109 A By-law to allow a Temporary Use for a Garden Suite by Mae McQuarrie (AI and Janet Panting) on certain lands described as Part of Lot 26, Concession 2 (Oro), Township of Oro-Medonte, County of Simcoe, under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346-010-001-20500-0000. . Motion No. 17 Moved by Buttineau, Seconded by Hough Be it resolved that a By-law to allow a Temporary Use for a Garden Suite by Mae McQuarrie (AI and Janet Panting) on certain lands described as Part of Lot 26, Concession 2 (Oro), Township of Oro-Medonte, County of Simcoe, (municipally known as 2018 Old Barrie Road West) under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll # 4346-010-001-20500-0000 be introduced and read a first and second time and numbered By-law No. 2005-109. Carried. That By-law No. 2005-109 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. c) By-Law 2005-101 A By-law to Authorize the Execution of a Temporary Use Agreement between the Township of Oro-Medonte, AI and Janet Panting and Mae McQuarrie to Permit a Garden Suite (Part of Lot 26, Concession 2 (Oro), Township of Oro- Medonte, County of Simcoe) Roll # 4346-010-001-20500- 0000. Motion No. 18 Moved by Hughes, Seconded by Hough Be it resolved that a By-law to Authorize the Execution of a Temporary Use Agreement between the Township of Oro-Medonte, AI and Janet Panting and Mae McQuarrie to Permit a Garden Suite (Part of Lot 26, Concession 2 (Oro), Township of Oro-Medonte, County of Simcoe) (municipally known as 2018 Old Barrie Road West) Roll # 4346-010-001-20500-0000 be introduced and read a first and second time and numbered By-law No. 2005-101. Carried. That By-law No. 2005-101 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- October 19, 2005 . d) By-Law 2005-102 A By-law to Amend By-law No. 2004-011, as amended, a By-law to Appoint Representatives to Various Committees/Organizations. Motion No. 19 Moved by Hough, Seconded by Buttineau Be it resolved that a By-law to Amend By-law No. 2004-011, as amended, a By- law to Appoint Representatives to Various Committees/Organizations be introduced and read a first and second time and numbered By-law No. 2005- 102. Carried. That By-law No. 2005-102 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e) By-Law 2005-103 Being a By-Law to Appoint Municipal Fire Inspectors. Motion No. 20 Moved by Buttineau, Seconded by Hough Be it resolved that a By-Law to Appoint Municipal Fire Inspectors be introduced and read a first and second time and numbered By-law No. 2005-103. Carried. That By-law No. 2005-103 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- October 19,2005 f) By-Law 2005-104 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and John Didzbalis and Daniele Didzbalis (as Joint Tenants) described as lands as follows: pt. Lot 3, Concession 1, Township of South Orillia, Now Oro-Medonte, Being all of PIN #58531-0358 (Lt), Roll #4346-030-010-04600-0000. . Motion No. 21 Moved by Hough, Seconded by Hughes Be it resolved that a By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and John Didzbalis and Daniele Didzbalis (as Joint Tenants) described as lands as follows: Pt. Lot 3, Concession 1, Township of South Orillia, Now Oro-Medonte, Being all of PIN #58531-0358 (Lt), Roll #4346-030-010-04600-0000 be introduced and read a first and second time and numbered By-law No. 2005-104. Carried. That By-law No. 2005-104 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. g) By-Law 2005-106 Being a By-Law to Appoint an Acting Director of Building and By-law Enforcement, Acting Chief Building Official and Acting Chief By-law Enforcement Officer and to Repeal By-Law 96-19. Motion No. 22 Moved by Hughes, Seconded by Hough Be it resolved that By-Law Number 2005-106 be deferred to November 2,2005 Council meeting. Carried. Page 12 Council Meeting Minutes- October 19, 2005 . h) By-Law 2005-107 Being a By-law to amend By-law No. 2004-124 (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. Motion No. 23 Moved by Buttineau, Seconded by Hughes Be it resolved that a By-law to amend By-law No. 2004-124 (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) be introduced and read a first and second time and numbered By-law No. 2005-107. Carried. That By-law No. 2005-107 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Recorded Vote for Third Reading Requested by Councillor Hough Councillor Hough Nay Deputy Mayor Hughes Yea Councillor Marshall Yea Councillor Buttineau Yea Councillor Crawford Yea Councillor Fountain Nay Mayor Craig Yea il By-Law 2005-1 08 Being a By-Law to Amend By-Law No. 2003-42, A By-Law to Prohibit Heavy Truck Traffic in The Township of Oro- Medonte. Motion No. 24 Moved by Buttineau, Seconded by Hough Be it resolved that a By-Law to Amend By-Law No. 2003-42, A By-Law to Prohibit Heavy Truck Traffic in The Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2005-108. Carried. That By-law No. 2005-108 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 13 Council Meeting Minules~ October 19, 2005 . 17. CONFIRMATION BY-LAW NO. 2005-105. Motion No. 25 Moved by Hughes, Seconded by Buttineau Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, October 19, 2005 be introduced and read a first and second time and numbered By-law No. 2005-105. Carried. That By-law No. 2005-105 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. 26 Moved by Buttineau, Seconded by Hough Be it resolved that we do now adjourn at 8:20 p.m. Carried. Page 14 Council Meeting Minutes- October 19, 2005