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09 20 2006 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, September 20, 2006 TIME: 7:07 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; Doug Irwin, Clerk; Marilyn Pennycook, Assistant to CAO; Bruce Hoppe, Director of Building and Planning Services; Chris Williams, Aird & Berlis LLP, Tom Halinski, Aird & Berlis LLP Also Present: Linda Babulic, Teviah Moro, Douglas Smith, Douglas Smith, Howard Leake, Stacey Patchell, David Bumstead, Sandy Agnew, Mary O-Farrell-Bowers 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. C060920-1 Moved by Hughes, Seconded by Buttineau Be it resolved that the following items be added to the agenda for consideration: 14. COMMUNICATIONS: b) Gary Bell, Skelton Brumwell & Associates Inc., correspondence dated September 15, 2006 re: Citizen Liaison Committee on Hillway Equipment th Ltd., 12 Line Pit. c) Mayor Craig, correspondence re: Hydro One’s Seasonal LED program. Carried. 4. ADOPTION OF AGENDA Motion No. C060920-2 Moved by Fountain, Seconded by Marshall Be it resolved that the agenda for the Council meeting of Wednesday, September 20, 2006 be received and adopted. 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 September 6, 2006. Motion No. C060920-3 Moved by Hough, Seconded by Buttineau Be it resolved that the minutes of the Council meeting held on September 6, 2006 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: a) Jerry Ball, Public Works Superintendent, Water Conservation Award, Lake Simcoe Region Conservation Authority’s 2006 Conservation Awards. Motion No. C060920-4 Moved by Hough, Seconded by Buttineau Be it resolved that the correspondence dated August 30, 2006 from Roy Bridge, Chair, Lake Simcoe Region Conservation Authority, re: Jerry Ball, Public Works Superintendent, Water Conservation Award, 2006 Conservation Awards be received. Carried. Page 2 Council Meeting Minutes– September 20, 2006 b) Margaret Prewer, Patsy Booth, Parks and Recreation Staff. Motion No. C060920-5 Moved by Fountain, Seconded by Crawford Be it resolved that the correspondence dated September 11, 2006 from Jennifer Zieleniewski, CAO, re: Margaret Prewer, Patsy Booth, Parks and Recreation Staff be received. Carried. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. CONSENT AGENDA CORRESPONDENCE: a) Nottawasaga Valley Conservation Authority, minutes of June 9, 2006 meeting. Staff Recommendation: Receipt. b) Lake Simcoe Region Conservation Authority, minutes of June 23, 2006 meeting. Staff Recommendation: Receipt. c) Nancy Green, Community Resources Co-ordinator, The Children’s Aid Society of the County of Simcoe, correspondence re: Proclamation Request, October, “Child Abuse Prevention Month”. Staff Recommendation: Receipt, Proclaim, Post on Township’s Website. d) Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, correspondence dated September 5, 2006 re: Novae Res Urbis – Wednesday June 21, 2006 – Vol 9 – No. 25 Article: “New Evidence Surfaces in Moon Point case” and Ontario Municipal Board Hearing Decision – Dated August 11, 2006. Staff Recommendation: Receipt. Page 3 Council Meeting Minutes– September 20, 2006 10. CONSENT AGENDA CORRESPONDENCE (Cont’d): Motion No. C060920-6 Moved by Crawford, 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) Nottawasaga Valley Conservation Authority, minutes of June 9, 2006 meeting. Received. b) Lake Simcoe Region Conservation Authority, minutes of June 23, 2006 meeting. Received. c) Nancy Green, Community Resources Co-ordinator, The Children’s Aid Society of the County of Simcoe, correspondence re: Proclamation Request, October, “Child Abuse Prevention Month”. Received, Proclaimed, Posted on Township’s Website. d) Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, correspondence dated September 5, 2006 re: Novae Res Urbis – Wednesday June 21, 2006 – Vol 9 – No. 25 Article: “New Evidence Surfaces in Moon Point case” and Ontario Municipal Board Hearing Decision – Dated August 11, 2006. Received. Carried. Motion No. C060920-7 Moved by Buttineau, Seconded by Hough Be it resolved that we do now go In-Camera at 7:12 p.m. to discuss Legal and Property Matters. Carried. Page 4 Council Meeting Minutes– September 20, 2006 Motion No. C060920-8 Moved by Marshall, Seconded by Fountain Be it resolved that we do now Rise and Report from In-Camera at 8:31 p.m. Carried. Items 15a, 15b) and 15c) were dealt with at this time. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: a) Brought by Councillor Fountain, September 6, 2006. “That the Oro-Medonte Council supports in principle the Moon Point Homeowners’ Association’s request to the Ministry of Natural Resources for a wetland assessment of the Moon Point property”. Withdrawn. Councillor Fountain withdrew the above-noted motion. 12. REPORTS OF MUNICIPAL OFFICERS: None. 13. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on September 13, 2006. Motion No. C060920-9 Moved by Hughes, Seconded by Buttineau Be it resolved that the minutes of the Committee of the Whole Meeting held on September 13, 2006 be received and further that the recommendations therein be adopted. Carried. Page 5 Council Meeting Minutes– September 20, 2006 14. COMMUNICATIONS: a) Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, correspondence dated August 30, 2006 re: Lake Simcoe Region Conservation Authority’s 2006 Conservation Awards. Motion No. C060920-10 Moved by Marshall, Seconded by Crawford Be it resolved that the correspondence dated August 30, 2006 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, re: Lake Simcoe Region Conservation Authority’s 2006 Conservation Awards be received; and further that Mayor J. Neil Craig and Councillor Marshall be authorized to attend. Carried. b) Gary Bell, Skelton Brumwell & Associates Inc., correspondence dated September 15, 2006 re: Citizen Liaison Committee on Hillway Equipment th Ltd., 12 Line Pit. Motion No. C060920-11 Moved by Crawford, Seconded by Fountain Be it resolved that the correspondence dated September 15, 2006 from Gary Bell, Skelton Brumwell & Associates Inc. re: Citizen Liaison Committee on th Hillway Equipment Ltd., 12 Line Pit be received; and that the 2006-2010 Township of Oro-Medonte Council recommend two public members to represent Council on this Citizen Liaison Group; and that Hillway Equipment Ltd.’s consultant be encouraged to work with the Ministry of Natural Resources with respect to the terms of reference of this Liaison Group. Carried. c) Mayor Craig, correspondence re: Hydro One’s Seasonal LED program. Correspondence re: Hydro One’s Seasonal LED Program was distributed to members of Council. Motion No. C060920-12 Moved by Fountain, Seconded by Hughes Be it resolved that the correspondence distributed by Mayor Craig re: Hydro One’s Seasonal LED Program be received; and that staff be authorized to make application to Hydro One to participate in the Seasonal LED program. Carried. Page 6 Council Meeting Minutes– September 20, 2006 15. IN-CAMERA: Motion No. C060920-13 Moved by Hughes, Seconded by Hough Be it resolved that we do now go In-Camera at 9:05 p.m. to discuss Property and Personnel Matters. Carried. Motion No. C060920-14 Moved by Fountain, Seconded by Marshall Be it resolved that we do now Rise and Report from In-Camera at 9:46 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. C060920-15 Moved by Marshall, Seconded by Crawford Be it resolved that the confidential verbal information and the confidential correspondence dated September 14, 2006 presented by Chris Williams and Tom Halinski, Aird & Berlis and Jennifer Zieleniewski, CAO re: Legal Matter (Moon Point) be received. Carried. b) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. C060920-16 Moved by Hough, Seconded by Buttineau Be it resolved that Confidential Report No. ADM 2006-045, Jennifer Zieleniewski, CAO, re: Legal Matter (Update) be received. Carried. Page 7 Council Meeting Minutes– September 20, 2006 c) Jennifer Zieleniewski, CAO, re: Property Matter. Motion No. C060920-17 Moved by Buttineau, Seconded by Hughes Be it resolved that the confidential verbal information and confidential correspondence dated August 22, 2006 and September 6, 2006 presented by Chris Williams, Aird & Berlis and Jennifer Zieleniewski, CAO, re: Property Matter (Shanty Bay Community Hall) be received. Carried. d) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. C060920-18 Moved by Crawford, Seconded by Fountain Be it resolved that the confidential draft correspondence dated September 13, 2006 presented by Jennifer Zieleniewski, CAO, re: Personnel Matter (Fire) be received. Carried. e) Jennifer Zieleniewski, CAO, re: Property Matter. Motion No. C060920-19 Moved by Hough, Seconded by Buttineau Be it resolved that 1. Confidential Report No. ADM2006-046, Jennifer Zieleniewski, CAO, re: Property Matter (9 Myrtle Avenue) be received and adopted. 2. That Council allow the landowners of 9 Myrtle Avenue to retain the water improvement located on the Township property known as the Lakeshore Promenade, Plan 626, on condition that the landowners obtain a building permit for the construction of the structure; that the landowners enter into an encroachment/lease agreement with the Township; and that the landowners recognize that no further construction on Township property is allowed unless expressly authorized by the Township. 3. That the Clerk bring forward a by-law to authorize the Mayor and Clerk to execute the required encroachment/lease agreement. Carried. Page 8 Council Meeting Minutes– September 20, 2006 16. BY-LAWS: a) By-Law No. 2006-086 A By-law to permanently close and sell the Road Allowance known as Park Drive, Registered Plan 626 (PIN#74040-0257(Lt), (geographic Township of Oro), Township of Oro-Medonte more particularly described as Parts 1 and 2, Registered Plan 51R- 34831, Township of Oro-Medonte, County of Simcoe. Motion No. C060920-20 Moved by Marshall, Seconded by Fountain Be it resolved that a By-law to permanently close and sell the Road Allowance known as Park Drive, Registered Plan 626 (PIN#74040-0257(Lt), (geographic Township of Oro), Township of Oro-Medonte more particularly described as Parts 1 and 2, Registered Plan 51R-34831, Township of Oro-Medonte, County of Simcoebe introduced and read a first and second time and numbered By-law No. 2006-086. Carried. That By-law No. 2006-086 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. b) By-Law No. 2006-087 Being a By-law to Provide for the Giving and Changing of Names to Highways within the Township of Oro-Medonte (Atlantis Drive). Motion No. C060920-21 Moved by Buttineau, Seconded by Hughes Be it resolved that a By-law to Provide for the Giving and Changing of Names to Highways within the Township of Oro-Medonte (Atlantis Drive) be introduced and read a first and second time and numbered By-law No. 2006-087. Carried. That By-law No. 2006-087 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– September 20, 2006 c) By-Law No. 2006-088 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte. Motion No. C060920-22 Moved by Marshall, Seconded by Crawford Be it resolved that a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro- Medonte be introduced and read a first and second time and numbered By-law No. 2006-088. Carried. That By-law No. 2006-088 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. 2006-085. Motion No. C060920-23 Moved by Hough, Seconded by Buttineau Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, September 20, 2006 be introduced and read a first and second time and numbered By-law No. 2006-085. Carried. That By-law No. 2006-085 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 10 Council Meeting Minutes– September 20, 2006 19. ADJOURNMENT Motion No. C060920-24 Moved by Crawford, Seconded by Marshall Be it resolved that we do now adjourn at 9:57 p.m. Carried. '- M Page 11 Council Meeting Minules- September 20, 2006