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05 23 2007 Council MinutesTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, May 23, 2007 2006 - 2010 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Terry Allison Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans TIME: 7:03 p.m. Staff Present: Jennifer Zieleniewski, CAO/Acting Clerk; Paul Gravelle, Treasurer; Bruce Hoppe, Director of Building and Planning Services; Shawn Binns, Manager of Recreation and Community Services; Tamara Obee, Human Resources Co-ordinator; Janette Teeter, Clerk's Assistant Aiso Present: Stacey Patchell 1. & 2. Mayor H.S. Hughes assumed the chair and called the meeting to order, followed by a moment of contemplation. 3. NOTICE OF ADDITIONS Motion No. C070523-1 Moved by Crawford, Seconded by Evans Be it resolved that the following items be added to the agenda for consideration: 12. REPORTS OF MUNICIPAL OFFICERS: h) Councillor Coutanche, re: Planning Advisory Committee. 14. COMMUNICATIONS: d) Aird & Berlis LLP, invitation re: Complimentary Client Conference, Friday, June 8, 2007, Nottawasaga Inn, Alliston. e) Robin de Villiers, correspondence dated May 13, 2007 re: Request for Kennel Exemption. f) Tom Foster & Eva Kroger, Jerry & Diane Popiuk, Barbara Foster, correspondence dated May 17, 2007 re: Promenade Path. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Personnel Matter. b) Jennifer Zieleniewski, CAO, re: Legal Matter. c) Councillor Coutanche, re: Property Matter. Carried. 4. ADOPTION OF AGENDA Motion No. C070523-2 Moved by Evans, Seconded by Crawford Be it resolved that the agenda for the Council meeting of Wednesday, May 23, 2007 be received and adopted, as amended, to move Item 12f) Report No. RC 2007-08, Shawn Binns, Manager of Recreation and Community Services re: Draft Joint Use Agreement with Simcoe County District School Board to the In- Camera portion of the Council meeting as Item 15d). Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" Councillor Agnew declared a conflict of interest on Item 13a) Committee of the Whole minutes, meeting held on May 16, 2007, Motion No. CW070516-20, as his property is in the vicinity. Councillor Agnew 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 May 9, 2007. Motion No. C070523-3 Moved by Evans, Seconded by Agnew Be it resolved that the minutes of the Council meeting held on May 9, 2007 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. Page 2 Council Meeting Minutes- May 23, 2007 9. DEPUTATIONS: None. 10. CONSENT AGENDA CORRESPONDENCE: a) Barbara Van Der Heyden, Executive Director, Big Sisters Association of Huronia correspondence dated April 23, 2007 and Big Brothers of North Simcoe correspondence dated April 29, 2007 re: Proclamation Request, September, 2007, "Big Brothers, Big Sisters Month". Staff Recommendation: Receipt, Proclaim, Post on Township's Website. b) Dianne Webster, Co-ordinator, Telecare Orillia Distress Line, correspondence dated May 9, 2007 re: Letter of Appreciation. Staff Recommendation: Receipt. c) Oro-Medonte Chamber of Commerce minutes, meeting held on May 7, 2007. Staff Recommendation: Receipt. d) Nottawasaga Valley Conservation Authority minutes, meeting held on April 13, 2007. Staff Recommendation: Receipt. e) Dalton McGuinty, The Premier of Ontario, correspondence dated May 8, 2007 re: Long-Term Care Funding. Staff Recommendation: Receipt. Motion No. C070523-4 Moved by Crawford, Seconded by Evans Be it resolved that the staff recommendations with respect to the items tested under "Consent Agenda Correspondence" be adopted as printed: a) Barbara Van Der Heyden, Executive Director, Big Sisters Association of Huronia correspondence dated April 23, 2007 and Big Brothers of North Simcoe correspondence dated April 29, 2007 re: Proclamation Request, September, 2007, "Big Brothers, Big Sisters Month". Received, Proclaimed, Posted on Township's Website. b) Dianne Webster, Co-ordinator, Telecare Orillia Distress Line, correspondence dated May 9, 2007 re: Letter of Appreciation. Received. c) Oro-Medonte Chamber of Commerce minutes, meeting held on May 7, 2007. Received. d) Nottawasaga Valley Conservation Authority minutes, meeting held on April 13, 2007. Received. e) Dalton McGuinty, The Premier of Ontario, correspondence dated May 8, 2007 re: Long-Term Care Funding. Received. Carried. Page 3 Council Meeting Minutes- May 23, 2A0~ 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a} Councillor Coutanche, correspondence dated September 18, 2006 re: County of Simcoe and Township Solid Waste Management Contact Information. Motion No. C070523-5 Moved by Crawford, Seconded by Agnew Be it resolved that the correspondence dated September 18, 2006 from Councillor Coutanche, re: County of Simcoe and Township Solid Waste Management Contact Information be received. Carried. b) Councillor Evans, Jennifer Zieleniewski, CAO, re: Lake Simcoe Regional Airport, Promotion and Capital Development. Motion No. C070523-6 Moved by Agnew, Seconded by Crawford Be it resolved that The verbal information presented by Councillor Evans re: Lake Simcoe Regional Airport, Promotion and Capital Development be received. And That Whereas the Lake Simcoe Regional Airport is centrally located within the County of Simcoe. And Whereas the Lake Simcoe Regional Airport is designated as an international port of entry. And Whereas the Lake Simcoe Regional Airport is operating through a Joint Venture Agreement between the Cities of Barrie and Orillia and the Township of Oro-Medonte. Now Therefore, the Council of the Township of Oro-Medonte petition that the Simcoe County Municipalities to promote the value and merits of the Lake Simcoe Regional Airport in their Economic Development information. And That the County of Simcoe consider potential funding for promotion and capital development of the Lake Simcoe Regional Airport. And Further That the Simcoe County Municipalities, the Cities of Barrie and Orillia and the County of Simcoe be circulated this resolution. Carried. Page 4 Council Meeting Minutes- May 23. 2007 c) Report No. TR 2007-13, Paul Gravelle, Treasurer, re: Banking Proposals [confidential correspondence distributed under separate cover]. Motion No. C070523-7 Moved by Agnew, Seconded by Evans Be it resolved that 1. Report No. TR 2007-13, Paul Gravelle, Treasurer, re: Banking Proposals be received and adopted. 2. That the proposal for banking services from TD Canada Trust be accepted. 3. And Further That the Treasurer is authorized to take the required action to convert the municipality's banking activities to TD Canada Trust. Carried. d) Report No. BP 2007-019, Bruce Hoppe, Director of Building and Planning Services re: Zoning By-law Amendment for Doug Shelswell, West'/z Lot 18, Concession 14 (Oro), Township of Oro-Medonte, 191 Line 13 South {Refer to Item 16g)]. Motion No. C070523-8 Moved by Crawford, Seconded by Evans Be it resolved that 1. Report No. BP 2007-019, Bruce Hoppe, Director of Building and Planning Services re: Zoning By-law Amendment for Doug Shelswell, West ~/z Lot 18, Concession 14 (Oro), Township of Oro-Medonte, 191 Line 13 South be received and adopted. 2. That Zoning By-law Amendment Application 2006-ZBA-16 for Doug Shelswell, that would rezone the lands described as West'/z Lot 18, Concession 14, (Oro), Township of Oro-Medonte, 191 Line 13 South on Schedule A11 of Zoning By-law 97-95 (as amended) from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 176 (A/RU'176) Zone be approved. 3. And Further That the Clerk bring forward the appropriate By-law for Council's consideration. Carried. Page 5 Council Meeting Minutes- May 23, 2007 e) Report No. RC 2007-07, Shawn Binns, Manager of Recreation and Community Services re: Request for Arena Concession Contract Renewal. Motion No. C070523-9 Moved by Evans, Seconded by Crawford Be it resolved that 1. Report No. RC 2007-07, Shawn Binns, Manager of Recreation and Community Services re: Request for Arena Concession Contract Renewal be received and adopted. 2. That Council waive the requirements of By-Law 2004-112 to renew the contract to Art Dubeau for three years in the amount of $7,250.00 inclusively commencing September 2007. 3. That the Clerk bring forward the appropriate by-law for Council's consideration. 4. And Further That Mr. Art Dubeau be advised of Council's decision. Carried. f) Report No. RC 2007-08, Shawn Binns, Manager of Recreation and Community Services re: Draft Joint Use Agreement with Simcoe County District School Board. Refer to Item 15d). g) Shawn Binns, Manager of Recreation and Community Services, memorandum correspondence dated May 14, 2007 re: Naming of the 4th Line Trail at Horseshoe Valley. Motion No. C070523-10 Moved by Evans, Seconded by Agnew Be it resolved that 1. The memorandum correspondence dated May 14, 2007 from Shawn Binns, Manager of Recreation and Community Services, re: Naming of Line 4 North Trail at Horseshoe Valley be received. 2. That the name "Lohuaru Trail" for the Line 4 North Trail be approved. 3. That Bill Lohuaru be invited to join Council at the official opening of the Trail on June 9, 2007. 4. And Further That the Clerk bring forward the appropriate by-law for Council's consideration. Carried. Page 6 Council Meeting Minutes- May 23. 2007 h) Councillor Coutanche, re: Planning Advisory Committee. Motion No. C070523-11 Moved by Crawford, Seconded by Agnew Be it resolved that the verbal information presented by Councillor Coutanche, re: Planning Advisory Committee be received. Carried. 13. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on May 16, 2007. Motion No. C070523-12 Moved by Agnew, Seconded by Crawford Be it resolved that the minutes of the Committee of the Whole Meeting held on May 16, 2007 be received and further that the recommendations therein be adopted with the exception of Motion No. CW070516-20, Item 12a) Jennifer Zieleniewski, CAO, re: Legal Matter, to be voted on separately. Carried. Councillor Agnew declared a conflict of interest on this item as his property is in the vicinity. Councillor Agnew left the room and did not participate in any discussion or vote on this item. Motion No. C070523-13 Moved by Crawford, Seconded by Evans Be it resolved that the confidential correspondence dated May 2, 2007 presented by Jennifer Zieleniewski, CAO, re: Legal Matter (1415 Scarlett Line, Harvey) be received. Carried. Page 7 Council Meeting Minutes-Nay 23, 2007 b) Recreation Technical Support Group minutes, meeting held on April 5, 2007 Motion No. C070523-14 Moved by Crawford, Seconded by Evans Be it resolved that the minutes of the Recreation Technical Support Group meeting held on April 5, 2007 be received. Carried. c) Committee of Adjustment minutes, meeting held on May 17, 2007. Motion No. C070523-15 Moved by Evans, Seconded by Crawford Be it resolved that the minutes of the Committee of Adjustment meeting held on May t7, 2007 be received. Carried. 14. COMMUNICATIONS: a) Rowley Ramey, President and General Manager, Horseshoe Valley Resort Ltd., correspondence dated May 14, 2007 re: Canada Day 2007. Motion No. C070523-16 Moved by Coutanche, Seconded by Agnew Be it resolved that 1. The correspondence dated May 14, 2007 from Rowley Ramey, President and General Manager, Horseshoe Valley Resort Ltd., re: Canada Day 2007 be received. 2. That the request to contribute to the Canada Day celebrations on Sunday, July 1, 2007 in the amount of $5,000.00 be approved. 3. And Further That the expenditure of $5,000.00 be considered an overrun to the 2007 Budget. Carried. Page 8 Council Meeting Minutes- May 23, 2007 b) Carole Caldwell, correspondence and petition received May 1F>, 2007 re: Shanty Bay Public School Crossing Guards. Motion No. C070523-17 Moved by Crawford, Seconded by Agnew Be it resolved that the correspondence and petition received May 16, 2007 from Carole Caldwell, re: Shanty Bay Public School Crossing Guards be received. Carried. c) Ron Reid, Executive Director, The Couchiching Conservancy, correspondence dated May 9, 2007 re: Church Woods Property Designation. Motion No. C070523-18 Moved by Agnew, Seconded by Crawford Be it resolved that 1. The correspondence dated May 9, 2007 from Ron Reid, Executive Director, The Couchiching Conservancy, re: Church Woods Property Designation be received; 2. That the Planning Department consider the Couchiching Conservancy's request that the Church Woods property designation be changed from Rural Settlement to Environmental Protection, or equivalent designation for the next Official Plan review. 3. And Further That the applicant be notified of Council's decision. Carried. d) Aird &Berlis LLP, invitation re: Complimentary Client Conference, Friday, June 8, 2007, Nottawasaga Inn, Alliston. Motion No. C070523-19 Moved by Allison, Seconded by Coutanche Be it resolved that the invitation from Aird &Berlis LLP, re: Complimentary Client Conference, Friday, June 8, 2007, Nottawasaga Inn, Alliston be received; and further that Mayor Hughes and Deputy Mayor Hough be authorized to attend. Carried. Page 9 Council Meeting Minutes- May 23, 2007 e) Robin de Villiers, correspondence dated May 13, 2007 re: Request for Kennel Exemption. Motion No. C070523-20 Moved by Coutanche, Seconded by Allison Be it resolved that the correspondence dated May 13, 2007 from Robin de Villiers, re: Request for Kennel Exemption be received and referred to staff for a report. Carried. f) Tom Foster & Eva Kroger, Jerry & Diane Popiuk, Barbara Foster, correspondence dated May 17, 2007 re: Promenade Path. Motion No. C070523-21 Moved by Allison, Seconded by Coutanche Be it resolved that the correspondence dated May 17, 2007 from Tom Foster & Eva Kroger, Jerry & Diane Popiuk, Barbara Foster, re: Promenade Path be received and referred to staff for a response. Carried. 15. IN-CAMERA: Motion No. C070523-22 Moved by Coutanche, Seconded by Allison Be it resolved that we do now go In-Camera at 8:25 p.m. to discuss Personnel, Legal and Property Matters. Carried. Motion No. C070523-23 Moved by Allison, Seconded by Coutanche Be it resolved that we do now Rise and Report from In-Camera at 9:22 p.m. Carried. Page t0 Council Meeting Minutes- May 23, 2007 a) Jennifer Zieleniewski, CAO, re: Personnel Matter Motion No. C070523-24 Moved by Allison, Seconded by Coutanche Motion No. C070523-25 Amended at June 13, 2007 Council meeting by Motion No. C070613-3 Be it resolved that the confidential verbal information presented by Jennifer Zieleniewski, CAO, re: Personnel Matter (Fire Dept.) be received. Carried. b) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. C070523-25 Moved by Coutanche, Seconded by Allison Be it resolved that the confidential correspondence dated May 4, 2007 and May 9, 2007 and presented by Jennifer Zieleniewski, CAO re: Legal Matter (105 Hummingbird Hill Road) be received and considered in conjunction with the request of 105 Hummingbird Hill Road. Carried. c) Councillor Coutanche, re: Property Matter. Motion No. C070523-26 Moved by Allison, Seconded by Crawford Be it resolved that the verbal information presented by Councillor Coutanche, re: Property Matter (Line 2 North Road Allowance) be received. Carried. Paget t Council Meeting Minutes- May 23, 2007 d) Jennifer Zieleniewski, CAO, re: Legal Matter. Motion No. C070523-27 Moved by Coutanche, Seconded by Allison Be it resolved that 1. Confidential Report No. RC 2007-08, presented by Jennifer Zieleniewski, CAO and Shawn Binns, Manager of Recreation and Community Services re: Legal Matter (Simcoe County District School Board) be received and adopted. 2. That Council enter into a Joint Use Agreement (attached to Confidential Report No. RC 2007-08) for a two year period with the Simcoe County District School Board. 3. That the Simcoe County District School Board be notified of Council's decision. 4. And Further That the appropriate by-law be brought forward for Council's consideration. Carried. 16. BY-LAWS: a) By-Law No. 2007-054 Being a By-law to Authorize the Execution of a Contract between the Township of Oro-Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By-Law No. 2006-035. Motion No. C070523-28 Moved by Allison, Seconded by Coutanche Be it resolved that a By-law to Authorize the Execution of a Contract between the Township of Oro-Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By-Law No. 2006-035 be introduced and read a first and second time and numbered By-law No. 2007-054. Carried. That By-law No. 2007-054 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- May 23, 2007 b) By-Law iVo. 2007-055 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Claire May. Motion No. C070523-29 Moved by Coutanche, Seconded by Allison Be it resolved that a By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Claire May be introduced and read a first and second time and numbered By-law No. 2007-055. Carried. That By-law No. 2007-055 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. c) By-Law No. 2007-056 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Reynolds' Plumbing & Heating Ltd. described as lands as follows: Parcel 21-17, Section 51-Oro-5, Being Pt. Lots 21 and 22, Concession 5, Designated as Part 16, 51 R-19930 Being all of PIN #58550-0148 (Lt), Roll #4346-010- 008-10790-0000, Township of Oro-Medonte, County of Simcoe. Motion No. C070523-30 Moved by Allison, Seconded by Coutanche 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 Reynolds' Plumbing & Heating Ltd. described as (ands as follows: Parcel 21-17, Section 51-Oro-S, Being Pt. Lots 21 and 22, Concession 5, Designated as Part 16, 51 R-19930 Being all of PIN #58550-0148 (Lt), Roll #4346-010-008-10790- 0000, Township of Oro-Medonte, County of Simcoe be introduced and read a first and second time and numbered By-law No. 2007-056. Carried. That By-law No. 2007-056 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page t3 Council Meeting Minutes- May 23, 2007 d) By-Law No. 2007-057 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Donald Richard Loader described as lands as follows: Lot 13, Plan 819, Being all of PIN #58556-0117 (Lt), Roll #4346- 010-008-08400-0000, Township of Oro-Medonte, County of Simcoe. Motion No. C070523-31 Moved by Coutanche, Seconded by Allison 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 Donald Richard Loader described as lands as follows: Lot 13, Plan 819, Being all of PIN #58556-0117 (Lt), Roll #4346-010-008-08400-0000, Township of Oro- Medonte, County of Simcoe be introduced and read a first and second time and numbered By-law No. 2007-057. Carried. That By-law No. 2007-057 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e) By-Law No. 2007-058 Being a By-law to remove the Holding symbol applying to lands located at 113 Brambel Road -Lot 13, Plan 819, Roll #4346-010-008-08400-0000 (Loader). Motion No. C070523-32 Moved by Allison, Seconded by Coutanche Be it resolved that a By-taw to remove the Holding symbol applying to lands located at 113 Brambel Road -Lot 13, Plan 819, Roll #4346-010-008-08400- 0000 (Loader) be introduced and read a first and second time and numbered By- law No. 2007-058. Carried. That By-law No. 2007-058 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 14 Council Meeting Minuses- May 23, 2007 f) By-Law No. 2007-059 A By-law to Authorize the Execution of an Agreement Between The Corporation of the Township of Oro- Medonte And Her Majesty the Queen in Right of Ontario, as Represen#ed By the Minister of Agriculture, Food and Rural Affairs. Motion No. C070523-33 Moved by Coutanche, Seconded by Allison Be it resolved that a By-law to Authorize the Execution of an Agreement Between The Corporation of the Township of Oro-Medonte And Her Majesty the Queen in Right of Ontario, as Represented By the Minister of Agriculture, Food and Rural Affairs be introduced and read a first and second time and numbered $y-law No. 2007-059. Carried. That By-law No. 2007-059 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. g) By-Law No. 2007-060 A By-law to amend the zoning provisions which apply to lands within Part of the West Y2 of Lot 18, Concession 14 (Former Township of Oro), 191 Line 13 South, Township of Oro-Medonte, (Shelswell 2006-ZBA-16). Motion No. C070523-34 Moved by Coutanche, Seconded by Allison Be it resolved that a By-law to amend the zoning provisions which apply to lands within Part of the West'/z of Lot 18, Concession 14 (Former Township of Oro), 191 Line 13 South, Township of Oro-Medonte, (Shelswell 2006-ZBA-16) be introduced and read a first and second time and numbered By-law No. 2007-060. Carried. That By-law No. 2007-060 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page t5 Council Meeting Minutes- May 23, 200 17. CONFIRMATION BY-LAW NO. 2007-53. Motion No. C070523-35 Moved by Allison, Seconded by Coutanche Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, May 23, 2007 be introduced and read a first and second time and numbered By-law No. 2007-053. Carried. That By-law No. 2007-053 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. C070523-36 Moved by Allison, Seconded by Coutanche Be it resolved that we do now adjourn at 10:05 p.m. Carried. Page 16 Council Meeting Minutes- May 23, 2007