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05 17 2006 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, May 17, 2006 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; Paul Gravelle, Treasurer, Keith Mathieson, Director of Engineering and Environmental Services; Bruce Hoppe, Director of Building and Planning Services; Chris Carter, Manager of Recreation and Community Services; Doug Irwin, Records Management Co- ordinator Also Present: Peter Thompson, Karen Thompson, Denine Cairns, Bill Cairns, Don Agnew, Sharron Agnew, Robb McNamara, Maureen Newton, Jill Armstrong, Bud Arbour, Karen Penrose, Andrea Ronan, Gerald Robinson, Mary Janes, Russ Petrie, W.S.G. Thiel, Karla & John McKoen, Stuart Parker, Deborah Tavaro, G.C. Grossman, Lynne Zulian, Marie Pryce, Taylor Pryce, Stephen Pryce, John Newell, Tony Fabiano, Tamara Charron, Teviah Moro, Devan Charron, 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. C060517-1 Moved by Fountain, Seconded by Marshall Be it resolved that the following items be added to the agenda for consideration: 10. CONSENT AGENDA CORRESPONDENCE: f) Correspondence Received In Response to Jennifer Zieleniewski, CAO correspondence dated April 4, 2006 Re: Blocks 102 and 103, Arbourwood Subdivision: 1) Karla & John McKeon dated May 15, 2006 (2), 2) Douglas and Marcia Rector dated May 10, 2006. Staff Recommendation: Receipt. Motion No. C060517-1 (Cont’d): 12. REPORTS OF MUNICIPAL OFFICERS: e) Report No. RC 2006-05, Chris Carter, Manager of Recreation and Community Services, re: Awarding the Tender for the Conceptual Design for Sweetwater Park. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Legal Matter. 16. BY-LAWS: g) By-Law No. 2006-052 Being a By-law to Appoint Building Inspectors/By-law Enforcement Officers and to Repeal By-law Nos. 2003-083 and 2005-079. Carried. 4. ADOPTION OF AGENDA Motion No. C060517-2 Moved by Hough, Seconded by Hughes Be it resolved that the agenda for the Council meeting of Wednesday, May 17, 2006 be received and adopted. Carried. 5. “DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – IN ACCORDANCE WITH THE ACT” Councillor Fountain declared a conflict of interest on Item 13a) Committee of the Whole minutes, meeting held on May 10, 2006, Motion No’s. CW060510-8 (Chronology of Financial Request – Knox Presbyterian Church Cemetery Board) and CW060510-9 (Report No. BP 2006-011, Bruce Hoppe, Director of Building and Planning Services, re: Request for Refund of Zoning Application Fees by Knox Presbyterian Church Cemetery Board) as her family has lands in the area. Councillor Fountain left the room and did not participate in any discussion or vote on this item. Page 2 Council Meeting Minutes– May 17, 2006 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of May 3, 2006. Motion No. C060517-3 Moved by Crawford, Seconded by Fountain Be it resolved that the minutes of the Council meeting held on May 3, 2006 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: a) Doug Irwin, Municipal Administration Program Certificate, AMCTO. Motion No. C060517-4 Moved by Hughes, Seconded by Hough Be it resolved that Doug Irwin be recognized for receiving the Municipal Administration Program Certificate from the Association of Municipal Managers, Clerks & Treasurers of Ontario (AMCTO). Carried. 8. PUBLIC MEETINGS: a) Proposed By-Law Establishing Water and Waste Management Charges. Notice of the Public Meeting was placed in the Orillia Packet & Times, Barrie Examiner and Midland Free Press newspapers on May 3, 2006 and an information package was posted on the Township’s website. The following correspondence was received at the meeting: Dave Huddart. The following persons offered verbal comments with respect to the proposed amendments: Dave Huddart, Gerald Robinson, Bill Cairns. The Mayor advised that no additional deputations to Council will be permitted with respect to the proposed amendments. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. Page 3 Council Meeting Minutes– May 17, 2006 Motion No. C060517-5 Moved by Fountain, Seconded by Crawford Be it resolved that the information presented at the Public Meeting re: Proposed Amendments to 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” with respect to Amending Water Rates and Maintaining Waste Management Charges be received. Carried. Motion No. C060517-6 Moved by Hough, Seconded by Hughes Be it resolved that this Public Meeting be adjourned at 7:26 p.m. Carried. 9. DEPUTATIONS: Written correspondence was deposited with the Clerk. a) Karen Penrose, re: Harbourwood Playground. Motion No. C060517-7 Moved by Crawford, Seconded by Marshall Be it resolved that the information presented by Karen Penrose, re: Harbourwood Playground be received and that the residents of Harbourwood be requested to liaise with the Manager of Recreation and Community Services to bring this project forward for Council’s consideration. Carried. b) Bill Cairns, re: Blocks 102 and 103, Arbourwood Subdivision. A written copy of Mr. Cairn’s deputation was deposited with the Clerk. Motion No. C060517-8 Moved by Hughes, Seconded by Hough Be it resolved that the information presented by Bill Cairns, re: Blocks 102 and 103, Arbourwood Subdivision be received. Carried. Page 4 Council Meeting Minutes– May 17, 2006 10. CONSENT AGENDA CORRESPONDENCE: a) R. Dory, President, Oro-Medonte Chamber of Commerce, correspondence received May 8, 2006 re: Letter of Appreciation, Oro-Medonte Chamber of Commerce Annual Dinner. Staff Recommendation: Receipt. b) Orillia Public Library Board, minutes of March 22, 2006 meeting. Staff Recommendation: Receipt. c) Lake Simcoe Region Conservation Authority, minutes of March 24, 2006 meeting. Staff Recommendation: Receipt. d) Edna Caldwell, President, Oro-Medonte Horticultural Society, re: Native th Trees and Shrubs of Simcoe County Booklet, Celebrating the 100 Anniversary of the Ontario Horticultural Association [complete booklet distributed under separate cover]. Staff Recommendation: Receipt and Reply Letter under Mayor’s Signature. e) Correspondence Received In Response to Jennifer Zieleniewski, CAO correspondence dated April 4, 2006 Re: Blocks 102 and 103, Arbourwood Subdivision: Staff Recommendation: Receipt and Considered in Conjunction with the Report on this Matter: 1) John & Karla McKoen dated April 18, 2006, 2) Lynn, Adrian, Meghan and Mikayla Zulian dated May 8, 2006, 3) Melanie Tymoszewicz dated May 10, 2006, 4) Peter & Karen Thompson dated May 10, 2006, 5) Sharron Thompson dated May 10, 2006, 6) Cecilia Krongold & Christian Hess dated May 10, 2006, 7) Douglas & Marcia Rector dated May 10, 2006, 8) Bill Cairns dated May 11, 2006. f) Correspondence Received In Response to Jennifer Zieleniewski, CAO correspondence dated April 4, 2006 Re: Blocks 102 and 103, Arbourwood Subdivision: 1) Karla & John McKeon dated May 15, 2006 (2), 2) Douglas & Marcia Rector dated May 10, 2006. Staff Recommendation: Receipt. Page 5 Council Meeting Minutes– May 17, 2006 Motion No. C060517-9 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) R. Dory, President, Oro-Medonte Chamber of Commerce, correspondence received May 8, 2006 re: Letter of Appreciation, Oro-Medonte Chamber of Commerce Annual Dinner. Received. b) Orillia Public Library Board, minutes of March 22, 2006 meeting. Received. c) Lake Simcoe Region Conservation Authority, minutes of March 24, 2006 meeting. Received. d) Edna Caldwell, President, Oro-Medonte Horticultural Society, re: Native th Trees and Shrubs of Simcoe County Booklet, Celebrating the 100 Anniversary of the Ontario Horticultural Association [complete booklet distributed under separate cover]. Received and Reply Letter under Mayor’s Signature. e) Correspondence Received In Response to Jennifer Zieleniewski, CAO correspondence dated April 4, 2006 Re: Blocks 102 and 103, Arbourwood Subdivision: 1) John & Karla McKoen dated April 18, 2006, 2) Lynn, Adrian, Meghan and Mikayla Zulian dated May 8, 2006, 3) Melanie Tymoszewicz dated May 10, 2006, 4) Peter & Karen Thompson dated May 10, 2006, 5) Sharron Thompson dated May 10, 2006, 6) Cecilia Krongold & Christian Hess dated May 10, 2006, 7) Douglas & Marcia Rector dated May 10, 2006, 8) Bill Cairns dated May 11, 2006. Received (Considered in Conjunction with the Report on this Matter): f) Correspondence Received In Response to Jennifer Zieleniewski, CAO correspondence dated April 4, 2006 Re: Blocks 102 and 103, Arbourwood Subdivision: 1) Karla & John McKeon dated May 15, 2006 (2), 2) Douglas & Marcia Rector dated May 10, 2006. Received. Carried. Page 6 Council Meeting Minutes– May 17, 2006 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Chris Carter, Manager of Recreation and Community Services, re: Request to Waive Rental Fees for Hawkestone United Church [from May 10, 2006 meeting]. Motion No. C060517-10 Moved by Buttineau, Seconded by Hughes Be it resolved that the information from Chris Carter, Manager of Recreation and Community Services, re: Application for Grant/Subsidy, Request to Waive Rental Fees from Hawkestone United Church, be received; and further that the organization be requested to submit the applicable fee in the amount of $52.00 for the use of the Large Pavillion. Defeated. Motion No. C060517-11 Moved by Hughes, Seconded by Crawford Be it resolved that the information from Chris Carter, Manager of Recreation and Community Services, re: Applications for Grant/Subsidy, Request to Waive Rental Fees from Hawkestone United Church be received; and further that applicable fee in the amount of $52.00 for the use of the Large Pavillion be waived. Carried. b) Report No. TR 2006-11, Paul Gravelle, Treasurer, re: ONE – The Public Sector Group of Funds. Motion No. C060517-12 Moved by Fountain, Seconded by Crawford Be it resolved that 1. Report No. TR 2006-11, Paul Gravelle, Treasurer, re: ONE – The Public Sector Group of Funds be received and adopted. 2. And Further That the Treasurer is hereby authorized to take the necessary action to have the municipality enroll in ONE – The Public Sector Group of Funds. Carried. Page 7 Council Meeting Minutes– May 17, 2006 c) Report No. ADM 2006-031, Doug Irwin, Records Management Co-ordinator, re: Job Creation Partnership Update. Motion No. C060517-13 Moved by Hughes, Seconded by Buttineau Be it resolved that Report No. ADM 2006-031, Doug Irwin, Records Management Co-ordinator, re: Job Creation Partnership Update be received. Carried. d) Report No. ADM 2006-033, Jennifer Zieleniewski, CAO, re: Request for Public Input, Blocks 102 and 103, 51M-696, Shanty Bay. Motion No. C060517-14 Moved by Marshall, Seconded by Fountain Be it resolved that 1. Report No. ADM 2006-033, Jennifer Zieleniewski, CAO, re: Request for Public Input, Blocks 102 and 103, 51M-696, Shanty Bay be received and adopted. 2. That Block 103, Plan M-696 be retained for park purposes. 3. That Block 102, Plan M-696 be declared surplus and that Block 102 be sold as two building lots. 4. That the method of sale of Block 102, Plan M-696 be by direct sale. 5. That a 3 meter walking path at the westerly limits of Block 102 (dedicated detention pond) be retained to provide access to the Oro-Medonte rail trail from Block 103. 6. And Further That the proceeds from the sale of Block 102 (dedicated detention pond) be placed in the Recreation Reserve. Defeated. Recorded Vote Requested by Deputy Mayor Hughes Deputy Mayor Hughes Nay Councillor Marshall Nay Councillor Buttineau Nay Councillor Crawford Nay Councillor Fountain Nay Councillor Hough Nay Mayor Craig Nay Page 8 Council Meeting Minutes– May 17, 2006 Motion No. C060517-15 Moved by Hughes, Seconded by Fountain Be it resolved that The Township of Oro-Medonte retain Blocks 102 and 103, Plan 51M-696, Shanty Bay. Carried. e) Report No. RC 2006-05, Chris Carter, Manager of Recreation and Community Services, re: Awarding the Tender for the Conceptual Design for Sweetwater Park. Motion No. C060517-16 Moved by Crawford, Seconded by Marshall Be it resolved that 1. Report No. RC 2006-05, Chris Carter, Manager of Recreation and Community Services, re: Awarding the Tender for the Conceptual Design for Sweetwater Park be received and adopted. 2. That the proposal dated October 11, 2005 from Michael W. McKnight Architect be awarded in the amount of $27,125.00. 3. And further that the other firms be advised of Council’s decision. Carried. 13. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on May 10, 2006. Motion No. C060517-17 Moved by Marshall, Seconded by Crawford Be it resolved that the minutes of the Committee of the Whole Meeting held on May 10, 2006 be received and further that the recommendations therein be adopted with the exception of Motion No’s. CW060510-8 (Chronology of Financial Request – Knox Presbyterian Church Cemetery Board) and CW060510-9 (Report No. BP 2006-011, Bruce Hoppe, Director of Building and Planning Services, re: Request for Refund of Zoning Application Fees by Knox Presbyterian Church Cemetery Board) and CW060510-12 (Draft Policy, Public Use of the Oro African Church NHS) to be voted on separately. Carried. Page 9 Council Meeting Minutes– May 17, 2006 Councillor Fountain declared a conflict of interest on Item 13a) Committee of the Whole minutes, meeting held on May 10, 2006, Motion No’s. CW060510-8 (Chronology of Financial Request – Knox Presbyterian Church Cemetery Board) and CW060510-9 (Report No. BP 2006-011, Bruce Hoppe, Director of Building and Planning Services, re: Request for Refund of Zoning Application Fees by Knox Presbyterian Church Cemetery Board) as her family has lands in the area. Councillor Fountain left the room and did not participate in any discussion or vote on this item. Motion No. C060517-18 Moved by Buttineau, Seconded by Hughes Be it resolved that the correspondence presented by Jennifer Zieleniewski, CAO, re: Chronology of Financial Request – Knox Presbyterian Church Cemetery Board be received. Carried. Motion No. C060517-19 Moved by Marshall, Seconded by Crawford Be it resolved that 1. Report No. BP 2006-011, Bruce Hoppe, Director of Building and Planning Services, re: Request for Refund of Zoning Application Fees by Knox Presbyterian Church Cemetery Board be received and adopted. 2. That the request by Knox Presbyterian Church Cemetery Board for refunding the Zoning Application fee be denied. 3. And Further that the applicant be notified of Council’s decision. Carried. Motion No. C060517-20 Moved by Hughes, Seconded by Crawford Be it resolved that the motion with respect to the Draft Policy, as amended, re: Public Use of the Oro African Church NHS be deferred until the Committee of the Whole on May 24, 2006. Defeated. Page 10 Council Meeting Minutes– May 17, 2006 Motion No. C060517-21 Moved by Marshall, Seconded by Hughes Be it resolved that the Draft Policy, as amended, re: Public Use of the Oro African Church NHS be received and adopted; and further that the Parks and Recreation Policies be renumbered accordingly. Carried. b) Recreation Technical Support Group minutes, meeting held on May 4, 2006. Motion No. C060517-22 Moved by Fountain, Seconded by Crawford Be it resolved that the minutes of the Recreation Technical Support Group meeting held on May 4, 2006 be received. Carried. Motion No. C060517-23 Moved by Buttineau, Seconded by Hughes Be it resolved that 1. The Parks and Recreation Policy re: Funding of Capital Park Improvements/ Developments be received and adopted. 2. And Further That the Parks and Recreation Policies be renumbered accordingly. Carried. Motion No. C060517-24 Moved by Crawford, Seconded by Marshall Be it resolved that the Recreation Technical Support Group’s mandate be amended to include project management requests for Development of Recreational Facilities on Municipally owned properties and further that a draft amended mandate be brought back for Council’s consideration. Carried. Page 11 Council Meeting Minutes– May 17, 2006 c) Committee of Adjustment minutes, meeting held on May 11, 2006. Motion No. C060517-25 Moved by Hughes, Seconded by Buttineau Be it resolved that the minutes of the Committee of Adjustment meeting held on May 11, 2006 be received. Carried. 14. COMMUNICATIONS: None. 15. IN-CAMERA: Motion No. C060517-26 Moved by Crawford, Seconded by Fountain Be it resolved that we do now go In-Camera at 9:19 p.m. to discuss a Legal Matter. Carried. Motion No. C060517-27 Moved by Buttineau, Seconded by Hughes Be it resolved that we do now Rise and Report from In-Camera at 9:30 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. C060517-28 Moved by Fountain, Seconded by Marshall Be it resolved that the confidential correspondence dated May 3, 2006 presented by Jennifer Zieleniewski, CAO, re: Legal Matter (Shanty Bay Community Hall Agreement) be received. Carried. Page 12 Council Meeting Minutes– May 17, 2006 16. BY-LAWS: a) By-Law No. 2006-042 A By-Law to Adopt the Estimates of all Amounts Required During the Year and for Levying the Tax Rates for the Year 2006. Motion No. C060517-29 Moved by Crawford, Seconded by Marshall Be it resolved that a By-Law to Adopt the Estimates of all Amounts Required During the Year and for Levying the Tax Rates for the Year 2006 be introduced and read a first and second time and numbered By-law No. 2006-042. Carried. That By-law No. 2006-042 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. b) By-Law No. 2006-044 A By-law of The Corporation of the Township of Oro-Medonte to amend By-law No. 2005-043, being a by-law to provide for the imposition of fees or charges. Motion No. C060517-30 Moved by Fountain, Seconded by Crawford Be it resolved that a By-law of The Corporation of the Township of Oro-Medonte to amend By-law No. 2005-043, being a by-law to provide for the imposition of fees or charges be introduced and read a first and second time and numbered By-law No. 2006-044. Carried. That By-law No. 2006-044 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 13 Council Meeting Minutes– May 17, 2006 c) By-Law No. 2006-046 Being a By-law to Amend By-law No. 888 of the Township of Oro, Being a By-Law to Close and Convey Part of the Unopened Road Allowance between the West Halves of Lots 5 and 6 and the East Halves of Lots 5 and 6, Concession 14 (formerly Township of Oro) Township of Oro- Medonte. Motion No. C060517-31 Moved by Hughes, Seconded by Buttineau Be it resolved that a By-law to Amend By-law No. 888 of the Township of Oro, Being a By-Law to Close and Convey Part of the Unopened Road Allowance between the West Halves of Lots 5 and 6 and the East Halves of Lots 5 and 6, Concession 14 (formerly Township of Oro) Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2006- 046. Carried. That By-law No. 2006-046 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. d) By-law No. 2006-047 A By-law toAdopt a statement of investment policies and goals with respect to the investment of surplus cash, reserve and reserve funds and to repeal By-Law No. 98-13. Motion No. C060517-32 Moved by Hughes, Seconded by Buttineau Be it resolved that a By-law toAdopt a statement of investment policies and goals with respect to the investment of surplus cash, reserve and reserve funds and to repeal By-Law No. 98-13 be introduced and read a first and second time and numbered By-law No. 2006-047. Carried. That By-law No. 2006-047 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– May 17, 2006 e) By-Law No. 2006-048 A By-law to authorize The Corporation of the Township of Oro-Medonte (The Corporation) to enter into the Agency Agreement, as defined herein, between CHUMS Financing Corporation and Local Authority Services Limited, as Agent, and Eligible Investors with respect to “ONE – The Public Sector Group of Funds” and to authorize the Treasurer to execute the necessary documents for that Purpose. Motion No. C060517-33 Moved by Marshall, Seconded by Fountain Be it resolved that a By-law to authorize The Corporation of the Township of Oro- Medonte (The Corporation) to enter into the Agency Agreement, as defined herein, between CHUMS Financing Corporation and Local Authority Services Limited, as Agent, and Eligible Investors with respect to “ONE – The Public Sector Group of Funds” and to authorize the Treasurer to execute the necessary documents for that Purpose be introduced and read a first and second time and numbered By-law No. 2006-48. Carried. That By-law No. 2006-048 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. f) By-Law No. 2006-051 Being a By-law to Adopt Amendment No. 22 to the Official Plan (Helen Anderson). Motion No. C060517-34 Moved by Fountain, Seconded by Crawford Be it resolved that a By-law to Adopt Amendment No. 22 to the Official Plan (Helen Anderson), 1004 Line 14 North, Part of Lot 9, Concession 14 (Oro), Township of Oro- Medonte be introduced and read a first and second time and numbered By-law No. 2006-051. Carried. That By-law No. 2006-051 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Recorded Vote Requested by Councillor Hough Councillor Hough Nay Deputy Mayor Hughes Nay Councillor Marshall Yea Councillor Buttineau Yea Councillor Crawford Nay Councillor Fountain Yea Mayor Craig Yea Page 15 Council Meeting Minutes– May 17, 2006 g) By-Law No. 2006-052 Being a By-law to Appoint Building Inspectors/By-law Enforcement Officers and to Repeal By-law Nos. 2003-083 and 2005-079. Motion No. C060517-35 Moved by Buttineau, Seconded by Hughes Be it resolved that a By-law to Appoint Building Inspectors/By-law Enforcement Officers and to Repeal By-law Nos. 2003-083 and 2005-079be introduced and read a first and second time and numbered By-law No. 2006-052. Carried. That By-law No. 2006-052, as amended, be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 17. CONFIRMATION BY-LAW NO. 2006-049. Motion No. C060517-36 Moved by Hughes, Seconded by Buttineau Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, May 17, 2006 be introduced and read a first and second time and numbered By-law No. 2006-049. Carried. That By-law No. 2006-049 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 18. QUESTIONS AND ANNOUNCEMENTS Page 16 Council Meeting Minutes– May 17, 2006 19. ADJOURNMENT Motion No. C060517-37 Moved by Buttineau, Seconded by Hughes Be it resolved that we do now adjourn at 9:31 p.m. Carried. Page 17 Council Meeting Minutes- May 17, 2006