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02 15 2006 Council Minutes , .~. ~ , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, February 15, 2006 TIME: 7:03 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; Bruce Hoppe, Director of Building and Planning Services; Scott Cowden, Director of Emergency Services; Doug Irwin, Records Management Co-ordinator Also Present: Laurie Fors, Kathryn Bowman, Cheryl Misch, Melody Northrop, Stacey Patchell, Jack Fountain 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. C060215-1 Moved by Fountain, Seconded by Marshall Be it resolved that the following items be added to the agenda for consideration: 12. REPORTS OF MUNICIPAL OFFICERS: b) Jennifer Zieleniewski, CAO, Discussion re: Ad Hoc Working Group - Medical Services. c) Mayor J. Neil Craig, Discussion re: Arbourwood Water System. d) Councillor Fountain, re: Nottawasaga Valley Conservation Authority. e) Deputy Mayor Hughes, re: Recognition Request. Carried. 4. ADOPTION OF AGENDA Motion No. C060215-2 Moved by Hough, Seconded by Buttineau Be it resolved that the agenda for the Council meeting of Wednesday, February 15, 2006 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 9b) Laurie Fors, re: Guthrie School Playground Request as his daughter is a member of the Home & School Group. 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 February 1, 2006. Motion No. C060215-3 Moved by Marshall, Seconded by Crawford Be it resolved that the minutes of the Council meeting held on February 1, 2006 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: a) Sinton Transportation, correspondence dated January 24, 2006 re: Letter of Appreciation, Jerry Ball and Public Works Department. Motion No. C060215-4 Moved by Hughes, Seconded by Hough Be it resolved that the correspondence dated January 24, 2006 from Sinton Transportation, re: Letter of Appreciation, Jerry Ball and Public Works Department be received. Carried. Page 2 Council Meeting Minutes- February 15, 2006 .' b) Oro-Medonte Horticultural Society, correspondence dated January 25,2006 re: Letter of Appreciation, Chris Carter. Motion No. C060215-5 Moved by Crawford, Seconded by Fountain Be it resolved that the correspondence dated January 25, 2006 from Oro- Medonte Horticultural Society, re: Letter of Appreciation, Chris Carter and Secured Storage Space at Guthrie Arena be received. Carried. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) Jim Woodford, re: Farewell to Oro Moraine Forests. This item was withdrawn. b) Laurie Fors, re: Guthrie School Playground Request. Deputy Mayor Hughes declared a conflict of interest on this Item as his daughter is a member of the Home & School Group. Deputy Mayor Hughes left the room and did not participate in any discussion or vote on this item. Ms. Fors distributed a written copy of the deputation to members of Council. Motion No. C060215-6 Moved by Hough, Seconded by Buttineau Be it resolved that the correspondence dated January 30, 2006 and information presented by Laurie Fors, re: Guthrie School Playground Request be received and referred to the 2006 budget deliberations. Carried. Page 3 Council Meeting Minutes- February 15, 2006 10.CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Regional Airport Commission, minutes of November 17,2005 meeting. Staff Recommendation: Receipt. b) Midland Public Library Board, minutes of December 8,2005 meeting. Staff Recommendation: Receipt. c) Orillia Public Library Board, minutes of December 20, 2005 meeting. Staff Recommendation: Receipt. d) Dorothy Williams, Treasurer, Oro Station Community Hall Board, correspondence dated February 6, 2006 re: 2006 Grant Request. Staff Recommendation: Receipt and Refer to 2006 Budget Deliberations. Motion No. C060215-7 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 November 17, 2005 meeting. Received. b) Midland Public Library Board, minutes of December 8,2005 meeting. Received. c) Orillia Public Library Board, minutes of December 20, 2005 meeting. Received. d) Dorothy Williams, Treasurer, Oro Station Community Hall Board, correspondence dated February 6, 2006 re: 2006 Grant Request. Received and Referred to 2006 Budget Deliberations. Carried. Page 4 Council Meeting Minutes~ February 15, 2006 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: a) Deputy Mayor Hughes, February 1, 2006 Council meeting. Motion No. C060215-8 Moved by Hughes, Seconded by Hough Be it resolved that Whereas, it has been publicly communicated that "in terms of the move a report in regards to t ts was resented to Council for their conside tion and Council supp And whereas, tea 2, i the Whole Meeting that the procedure fo lowed at the November 17, 2004 Council meeting to clarify the intent of Recommendation CW-22 on November 27,2002 would not be permitted for determining interpretation of Motion No. CW-21; And whereas, the Cha~'r s directed th atdeProcedmre fo addressing the intent of Motion No. CW-21 , dJ(ria~r. l>>!n 58 is through a notice of motion to rescind; :t U I And whereas, that the interprG<J'I'tfJttsnp IinIhe manner that it has been carried out would have requirWr'fll8il3~lJdl!b~ltl.nd no budget was included in the report; And whereas, Council expresseMtt iJ1esary to maintain the Neufeld ~m a. sa .me.etin.g r~Jn th.e ~~~i fice buildin p venta'nspace TCOWnSTl'lft JlO'rh Or.ll And whereas, operational S';f from the Fire Department have been moved to the Township Office with no referenc~tneport being made to operational staff; U Now therefor~~Wtlit~ftfJo."'vC1 of Q &AQ of the Whole meetirlb o~e~'~.:J.It is rlc~",en~\!WUonfidential Report No. ADM 2005-058, Jennifer Zieleniewski, CAO re: Personnel Matter (Fire Dept.) be received and adopted; and that the Chief Administrative Officer be authorized to proceed immediately" be rescinded. ~~~ " , Defeated. Recorded Vote Requested by Deputy Mayor Hughes Deputy Mayor Hughes Yea Councillor Marshall Nay Councillor Buttineau Nay Councillor Crawford Yea Councillor Fountain Nay Councillor Hough Yea Mayor Craig Nay Page 5 Council Meeting Minutes- February 15, 2006 .' Motion No. C060215-9 Moved by Buttineau, Seconded by Marshall Be it resolved that Whereas the preamble of the Notice of Motion presented by Deputy Mayor Hughes on February 15, 2006 with respect to Report ADM2005-058 states opinions not held by all Council Members; And whereas, Council recognized the urgency of the Emergency Services situation and directed the CAO, on November 23, 2005 to proceed immediately with the relocation of the Fire Department Administration Headquarters to the Township Administration Offices in order to optimize resources available to the full-time Emergency Services personnel; And whereas, the financial impact of relocating the full-time Emergency Services personnel was not requested by Council at that time as the potential liability to the Township with respect to non-compliance with the Emergency Management Act, the Fire Prevention and Protection Act and the Health and Safety Act far outweighed the costs to be incurred in the construction of walls and staff time to move furniture; And whereas Council disapproves of the public expression of opinions of individual Council members being stated as opinions of Council as a body within a resolution; Now therefore be it resolved that the motion by Deputy Mayor Hughes of February 15, 2006 with respect to Report ADM2005-058 be expunged from the record. Carried. Recorded Vote Requested 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 Page 6 Council Meeting Minutes~ February 15, 2006 .' 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. ADM 2006-012, Doug Irwin, Records Management Co-ordinator re: Vote Count Equipment. Motion No. C060215-10 Moved by Marshall, Seconded by Crawford Be it resolved that 1. Report No. ADM 2006-012, Doug Irwin, Records Management Co-ordinator re: Vote Count Equipment be received and adopted. 2. That Option 3, as outlined in Report No. ADM 2006-012, which indicates: "the use of poll level tabulators located in each polling station where the number of polling stations has been reduced to 3 per Ward (15) plus an additional 2 for the advance polls; total of 17." be implemented for the 2009 Oro-Medonte municipal election. 3. And Further That Council consider the commitment in the Election budget of an additional $10,000.00 for the 2007, 2008, 2009 budget years. Carried. b) Jennifer Zieleniewski, CAO, Discussion re: Ad Hoc Working Group - Medical Services. Jennifer Zieleniewski, CAO distributed written information to members of Council. Motion No. C060215-11 Moved by Fountain, Seconded by Marshall Be it resolved that the information presented by Jennifer Zieleniewski, CAO, re: Ad Hoc Working Group - Medical Services be received. Carried. c) Mayor J. Neil Craig, Discussion re: Arbourwood Water System. Mayor J. Neil Craig distributed correspondence dated February 7, 2006 to the homeowners of Arbourwood from Deputy Mayor Hughes to Council. Discussion. Page 7 Council Meeting Minutes- February 15, 2006 d) Councillor Fountain, re: Nottawasaga Valley Conservation Authority. Discussion. e) Deputy Mayor Hughes, re: Recognition Request. Discussion. 13. REPORTS OF COMMITTEES: a) Public Meeting Minutes, meeting held on January 30, 2006, Re: Proposed Amendment Zoning By-Law, 2005-ZBA-24/25, Part of Lot 16, Concession 1 (Oro), Township of Oro-Medonte, (Viola Tuck). Motion No. C060215-12 Moved by Buttineau, Seconded by Hughes Be it resolved that the minutes of the Public Meeting held on January 30, 2006, Re: Proposed Amendment Zoning By-Law, 2005-ZBA-24/25, Part of Lot 16, Concession 1 (Oro), Township of Oro-Medonte, (Viola Tuck) be received. Carried. b) Public Meeting Minutes, meeting held on January 30,2006, Re: Proposed Amendment Zoning By-Law, 2005-ZBA-26, Part of Lot 22, Concession 9 (Oro), Township of Oro-Medonte, (Harvey and Dianne Johnstone). Motion No. C060215-13 Moved by Hughes, Seconded by Buttineau Be it resolved that the minutes of the Public Meeting held on January 30, 2006, Re: Proposed Amendment Zoning By-Law, 2005-ZBA-26, Part of Lot 22, Concession 9 (Oro), Township of Oro-Medonte, (Harvey and Dianne Johnstone) be received. Carried. Page 8 Council Meeting Minutes- February 15, 2006 c) Public Meeting Minutes, meeting held on January 30, 2006, Re: Proposed Amendment Zoning By-Law, 2005-ZBA-30, Part of Lot 27, Concession 6 (Oro), Township of Oro-Medonte, (Frank Lepschi). Motion No. C060215-14 Moved by Crawford, Seconded by Fountain Be it resolved that the minutes of the Public Meeting held on January 30, 2006, Re: Proposed Amendment Zoning By-Law, 2005-ZBA-30, Part of Lot 27, Concession 6 (Oro), Township of Oro-Medonte, (Frank Lepschi) be received. Carried. d) Committee of Adjustment minutes, meeting held on December 1, 2005. Motion No. C060215-15 Moved by Fountain, Seconded by Marshall Be it resolved that the minutes of the Committee of Adjustment meeting held on December 1, 2005 be received. Carried. e) Committee of the Whole minutes, meeting held on February 8,2006. Motion No. C060215-16 Moved by Hughes, Seconded by Buttineau Be it resolved that the minutes of the Committee of the Whole Meeting held on February 8, 2006 be received and that the recommendations therein be adopted. Carried. Page 9 Council Meeling Minutes- February 15, 2006 14. COMMUNICATIONS: a) Chris Douglas, correspondence dated January 31, 2006 re: Request for Hobart Sign. Motion No. C060215-17 Moved by Hough, Seconded by Hughes Be it resolved that the correspondence dated January 31, 2006 from Chris Douglas, re: Request for Hobart Sign be received and referred to staff for a report. Carried. 15. IN-CAMERA: Motion No. C060215-18 Moved by Crawford, Seconded by Marshall Be it resolved that we do now go In-Camera at 9:35 p.m. to discuss Personnel and Legal Matters. Carried. Motion No. C060215-19 Moved by Hughes, Seconded by Hough Be it resolved that we do now Rise and Report from In-Camera at 10:20 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. C060215-20 Moved by Buttineau, Seconded by Hughes Be it resolved that Confidential Report No. ADM 2006-13, Jennifer Zieleniewski, CAO, re: Personnel Matter (Boyd) be received and adopted. Carried. Page 10 Council Meeting Minutes- February 15, 2006 b) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. C060215-21 Moved by Crawford, Seconded by Fountain Be it resolved that Confidential Report No. ADM 2006-14, Jennifer Zieleniewski, CAO, re: Personnel Matter (Foreman) be received. Carried. c) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. C060215-22 Moved by Fountain, Seconded by Crawford Be it resolved that Whereas Deputy Mayor Harry Hughes and Councillor Ralph Hough are scheduled to be subpoenaed as witnesses for the appellant at the Ontario Municipal Board hearing with respect to Moon Point subdivision application (PL050836); Now therefore, it is deemed appropriate that, in the interest of the Municipality, the Council of Oro-Medonte authorize the Township Solicitor to move forward to make a motion to remove Deputy Mayor Harry Hughes and Councillor Ralph Hough from the witness list. Carried. 16. BY-LAWS: a) By-Law No. 2006-011 Being a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement. Motion No. C060215-23 Moved by Marshall, Seconded by Crawford Be it resolved that a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement be introduced and read a first and second time and numbered By-law No. 2006-011 . Carried. That By-law No. 2006-011 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~ February 15, 2006 b) By-Law No. 2006-013 Being a By-Law to Authorize the Issuance of Certificates of Maintenance and Final Acceptance (Underground Works) and Substantial Completion and Acceptance (Aboveground Works) for Maplehill Estates (Phase II), Registered Plan 51 M-633. Motion No. C060215-24 Moved by Hough, Seconded by Hughes Be it resolved that a By-Law to Authorize the Issuance of Certificates of Maintenance and Final Acceptance (Underground Works) and Substantial Completion and Acceptance (Aboveground Works) for Maplehill Estates (Phase II), Registered Plan 51 M-633 be introduced and read a first and second time and numbered By-law No. 2006-013. Carried. That By-law No. 2006-013 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. c) By-Law No. 2006-014 Being a By-Law to Authorize the Issuance of Certificates of Maintenance and Final Acceptance (Underground Works) and Substantial Completion and Acceptance (Aboveground Works) for Woodland Estates, Registered Plan 51 M-726. Motion No. C060215-25 Moved by Fountain, Seconded by Crawford Be it resolved that a By-Law to Authorize the Issuance of Certificates of Maintenance and Final Acceptance (Underground Works) and Substantial Completion and Acceptance (Aboveground Works) for Woodland Estates, Registered Plan 51 M-726 be introduced and read a first and second time and numbered By-law No. 2006-014. Carried. That By-law No, 2006-014 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- February 15, 2006 d) By-Law No. 2006-015 Being a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Underground Works) for Huronia Homes Subdivision (Phase II), Registered Plan 51 M-807. Motion No. C060215-26 Moved by Buttineau, Seconded by Hough Be it resolved that a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Underground Works) for Huronia Homes Subdivision (Phase II), Registered Plan 51 M-807 be introduced and read a first and second time and numbered By-law No. 2006-015. Carried. That By-law No. 2006-015 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e) By-Law No. 2006-016 Being a By-Law to Authorize the Issuance of Certificates of Maintenance and Final Acceptance (Underground Works) and Substantial Completion and Acceptance (Aboveground Works) for Huronia Homes Subdivision (Phase I), Registered Plan 51 M- 676. Motion No. C060215-27 Moved by Crawford, Seconded by Marshall Be it resolved that a By-Law to Authorize the Issuance of Certificates of Maintenance and Final Acceptance (Underground Works) and Substantial Completion and Acceptance (Aboveground Works) for Huronia Homes Subdivision (Phase I), Registered Plan 51 M-676 be introduced and read a first and second time and numbered By-law No. 2006-016, Carried. That By-law No. 2006-016 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~ February 15, 2006 .. f) By-Law No. 2006-017 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Maplehill Estates (Phase 1 B), Registered Plan 51 M-633. Motion No. C060215-28 Moved by Hough, Seconded by Hughes Be it resolved that a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Maplehill Estates (Phase 1 B), Registered Plan 51 M-633 be introduced and read a first and second time and numbered By-law No. 2006-017. Carried. That By-law No. 2006-017 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. g) By-Law No. 2006-018 Being a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Underground Works) for Arbourwood Estates Limited (Phase III), Registered Plan 51 M-767. Motion No. C060215-29 Moved by Marshall, Seconded by Fountain Be it resolved that a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Underground Works) for Arbourwood Estates Limited (Phase III), Registered Plan 51 M-767 be introduced and read a first and second time and numbered By-law No. 2006-018. Carried. That By-law No. 2006-018 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 14 Council Meeting Minutes- February 15, 2006 17. CONFIRMATION BY-LAW NO. 2006-012. Motion No. C060215-30 Moved by Buttineau, Seconded by Hough Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 15, 2006 be introduced and read a first and second time and numbered By-law No. 2006-012. Carried. That By-law No. 2006-012 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. C060215-31 Moved by Fountain, Seconded by Crawford Be it resolved that we do now adjourn at 10:25 p.m. Carried. ~.~~ yor, J. Neil Craig Page 15 Council Meeting Minutes~ February 15, 2006