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10 24 2007 Council MinutesTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, October 24, 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: 7:00 p.m. Staff Present: Paul Gravelle, Acting CAOITreasurer; Doug Irwin, Clerk; Jerry Ball, Public Works Superintendent; Glenn White, Senior Planner, Shawn Binns, Manager of Recreation and Community Services; Tamara Obee, Human Resources Officer; Chris Williams, Aird & Berlis LAP; Nick McDonald, Meridian Planning Consultants Ltd.; Janette Teeter, Deputy Clerk Also Present: Wayne Kirwan, Stacey Patchell-Zubczyk; Walter Pezuk 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. C071024-1 Moved by Allison, Seconded by Coutanche Be it resolved that the fallowing items be added to the agenda for consideration: 12. REPORTS OF MUNICIPAL OFFICERS; a) Report No. BP 2007-45, Bruce Hoppe, Director of Building and Planning Services re: Gary Boyd, request for two dwellings, Part of Lot 16, Concession 7 (Medonte), Township of Oro-Medonte, 206 Moonstone Road West. b) Report No. RC 2007-22, Shawn Binns, Manager of Recreation and Community Services re: Price Park Tree Concerns. 13. REPORTS OF COMMITTEES: d) Planning Advisory Committee minutes, meeting held on October 22, 2007. 14. COMMUNICATIONS: e) Councillor Crawford, re: Paving of Line 8 North Petition. 15. IN-CAMERA: b) Paul Gravelle, Acting CAO, re: legal Matter. c) Paul Gravelle, Acting CAO, re: Personnel Matter. d) Paul Gravelle, Acting CAO, re: Property Matter. Carried. 4. ADOPTION OF AGENDA Motion Na. C071 t?24-2 Moved by Evans, Seconded by Crawford Be it resolved that the agenda for the Council meeting of Wednesday, October 24, 2007 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 October 10, 2007. Motion No. CO71024-3 Moved by Coutanche, Seconded by Allison Be it resolved that the minutes of the Council meeting held on October 10, 2007 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. Page 2 Council Meeting Minutes- October 24, 2007 10. CONSENT AGENDA CORRESPONDENCE: a} Nottawasaga Valley Conservation Authority, minutes from meeting held an September 14, 2007 and highlights from meetings of October 12, 2007. Staff Recommendation: Receipt. b} Donna Hewitt, General Manager, Orillia Area CDC, A Community Futures Development Corporation, correspondence dated October 9, 2007 re: Ontario's Lake Country, Activity Report, May 1, 2007 -August 31, 2007. Staff Recommendation: Receipt. c} Public Open House Minutes, Craighurst Secondary Plan, October 3, 2007. Staff Recommendation: Receipt. d} Springwater Library Board minutes, meetings held on September 11 and October 9, 2007. Staff Recommendation: Receipt. Motion No. C071024-4 Moved by Crawford, Seconded by Evans 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 from meeting held on September 14, 2007 and highlights from meetings of October 12, 2007. Received. b) Donna Hewitt, General Manager, Orillia Area CDC, A Community Futures Development Corporation, correspondence dated October 9, 2007 re: Ontario's Lake Country, Activity Report, May 1, 2007 -August 31, 2007. Received. c) Public Open House Minutes, Craighurst Secondary Plan, October 3, 2007. Received. d) Springwater Library Board minutes, meetings held on September 11 and October 9, 2007. Received. Carried. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. Page 3 Council Meeting Minutes- October 24, 2007 12. REPORTS OF MUNICIPAL OFFICERS: a} Report No. BP 2007-45, Bruce Hoppe, Director of Building and Planning Services re: Gary Boyd, request for two dwellings, Part of Lot 16, Concession 7 (Medonte}, Township of Oro-Medonte, 206 Moonstone Road West. Motion No. C071 Q24-5 Moved by Agnew, Seconded by Evans Be it resolved that 1. Report No. BP 2007-45, Bruce Hoppe, Director of Building and Planning Services re: Gary Boyd, request for two dwellings, Part of Lot 16, Concession 7 (Medonte), Township of Oro-Medonte, 206 Moonstone Road West be received and adopted. 2. That Council authorize the request of Gary Bayd to temporarily reside in the existing dwelling located at Part of Lot 16, Concession 7 (Medonte}, 206 Moonstone Road West for a maximum twelve month period while the new dwelling is being constructed. 3. And Further That the Clerk bring forward the appropriate by-law for Council's consideration. Carried. b} Report No. RC 2007-22, Shawn Binns, Manager of Recreation and Community Services re: Price Park Tree Concerns. Motion No. 0071024-6 Moved by Allison, Seconded by Coutanche Be it resolved that 1. Report No. RC 2007-22, Shawn Binns, Manager of Recreation and Community Services re: Price Park Tree Concerns be received and adopted. 2. That staff be authorized to remove the sixteen balsam poplar trees along the south border of Price Park. 3. That, during the 2008 budget deliberations, consideration be given to planting maple or oak trees at Price Park. 4. And Further That the adjacent property owners be notified of Council's decision. Carried. Page 4 Council Meeting Minutes- October 24, 2007 13. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on October 17, 2007. Motion No. C071024-7 Moved by Cautanche, Seconded by Allison Be it resolved that the minutes of the Committee of the Whole Meeting held on October 17, 2007 be received and further that the recommendations therein be adopted. Carried. b) Committee of Adjustment minutes, meeting held on October 18, 2007. Motion No. C071024-8 Moved by Agnew, Seconded by Crawford Be it resolved that the draft minutes of the Committee of Adjustment meeting held on October 18, 2007 be received. Carried. Motion No. C071024-9 Moved by Crawfard, Seconded by Agnew Be it resolved that 1. The request from the Committee of Adjustment as outlined in Motion CA071018-3 re: 2007-B-30, James Gray, W. Pt of Lot 5, Con. 5, 2815 Line 4 North (Conveyance to 1058 Bass Lake Sideroad, West Oro Cemetery Board) be received. 2. That Council confirms its decision of October 17, 2007 (Motion No. CW071017-3) to deny waiving the development fee of $900.00 with respect to the application for 1058 Bass Lake Sideroad West. 3. That the request from the Committee of Adjustment to waive the rezoning fee of $600.00 for Rezoning Application 2007-B-30 be denied. 4. And Further That the applicants and the Committee of Adjustment be advised of Council's decision. Carried. Page 5 Council Meeting Minutes- October 24, 2007 c) Recreation Technical Group minutes, meeting held on September 6, 2007. Motion No. C071024-10 Moved by Allison, Seconded by Coutanche Be it resolved that the minutes of the Recreation Technical Support Group meeting held on September 6, 2007 be received. Carried. d} Planning Advisory Committee minutes, meeting held on October 22, 2007. Motion No. CQ71024-11 Moved by Agnew, Seconded by Evans Be it resolved that the draft minutes of the Planning Advisory Committee meeting held on October 22, 2007 be received. Carried. Motion P1o. C07102~-12 Moved by Coutanche, Seconded by Allison Be it resolved that 1. Official Plan Amendment (2004-OPA-03} and Zoning By-law Amendment Application (2004-ZBA-04) be approved for tots 1 to 6, as outlined in the Preliminary tot Development Plan dated October 2, 2007 by Skelton Brumwell & Associates Inc., far CRA Development (Tim Crawford), that would designate lands described as Concession 9, Part of tat 26 {Oro), Township of Oro-Medonte, on Schedule A of the Official Plan from Rural and Environmental Protection Two Overlay Designations to Shoreline, and rezone lands on Schedule A5 of the Zoning By-law 97-95 from AgriculturallRural (AIRU) to Shoreline Residential (SR) Zane, subject to a Holding (N) Zone, removal of which shall only be done after an appropriate Site Plan Agreement has been entered into regarding the preservation of trees and timing of site development. 2. That Official Plan Amendment {2004-OPA-03) and Zoning By-law Amendment Application (2004-ZBA-04) be approved for Block 7, as outlined in the Preliminary Lot Development Plan dated October 2, 2007 by Skelton Brumwell & Associates Inc., for CRA Development (Tim Crawford), that would designate lands described as Concession 9, Part of Lot 26 (Oro}, Township of Oro-Medonte, on Schedule A of the Official Plan from Rural and Environmental Protection Two Overlay Designations to Environmental Protection Two Overlay Designations, and rezone lands on Schedule A5 of the Zoning By-law 97-95 from Agricultural/Rural {AlRU) to Environmental Protection (EP} Zane. 3. And Further That the Glerk bring forward the appropriate by-laws for CounciPs consideration. Carried. Page 6 Council Meeting Minutes- October 24, 2007 Motion No. 0071024-13 Moved by Evans, Seconded by Crawford Be it resolved that 1. Zoning By-law Amendment Application (2006-ZBA-12) be approved for Blocks 67 to 70 of Plan 51 M-741, Laurel View Homes Inc., that would rezone lands on Schedule A15 of the Zoning By-law 97-95 from Residential One (R1 *140) to asite-specific Environmental Protection Zone. 2. And Further That the Clerk bring forward the appropriate by-law for Council's consideration. Carried. Motion No. 0071024-14 Moved by Allison, Seconded by Coutanche Be it resolved that Plan of Subdivision Application 2006-SUB-02 and Rezoning Application 2006-ZBA-04 submitted by James and Kimberley Drury respecting lands described as West Part of Lot 11, Concession 5 (Oro), Township of Oro- Medonte proceed to a statutory Public Meeting in accordance with the provisions of the Planning Act. Carried. 14. COMMUNICATIONS: a) Jim Partridge, President, Orillia District Snowmobile Association, correspondence dated October 3, 2007 re: Request for Use of the Oro- Medonte Rail Trail from Woodland Drive through to Thunder Bridge and on Unopened Road Allowances, Line 5 North, Line 6 North, Line 9 North and Line 11 North. Motion No. 0071024-15 Moved by Crawford, Seconded by Evans Be it resolved that 1. The correspondence dated October 3, 2007 from Mr. Partridge, President, Orillia District Snowmobile Association, re: Request for Use of the Oro- Medonte Rail Trail from Woodland Drive through to Thunder Bridge and on Unopened Road Allowances, Line 5 North, Line 6 North, Line 9 North and Line 11 North be received. 2. That Mr. Partridge's request be deferred pending written confirmation of the locations on the unopened road allowances. 3. And Further That Mr. Partridge be advised of Council's decision. Carried. Page 7 Council Meeting Minutes- October 24, 2007 b) Municipality of Brockton, correspondence dated September 10, 2007 re: Motion No. 07-20-370, Conservation Authorities Funding. Motion No. C071024-16 Moved by Coutanche, Seconded by Allison Be it resolved that 1. The correspondence dated September 10, 2007 from The Municipality of Brockton, re: Motion Na. 07-20-370, Conservation Authorities Funding be received. 2. And Whereas Council previously adopted Motion C070228-16 at the February 28, 2007 meeting petitioning the Province of Ontario to provide comprehensive funding for all provincially mandated programs. 3. Naw Therefore the Council of the Township of Oro-Medonte reconfirms its position of February 28, 2007 which petitioned the Province of Ontario to provide comprehensive funding for all provincially mandated programs. 4. And Further That the Municipality of Brockton and the Association of Municipalities of Ontario be advised of Council's decision. Carried. c) Sue Bragg, Gaviller & Company LLP, correspondence dated October 15, 2007 re: Audit Letter. Motion No. C071024-17 Maned by RlGson, Seconded by Coutanche Be it resolved that the correspondence dated October 15, 2007 from Sue Bragg, Gaviller & Company LLP, re: Audit Letter be received. Carried. d) Lynda Aiken, Bruce Chappell, Michelle Lynch, Garry Potter, Rick Webster, correspondence dated October 8, 2007 re: Tree Preservation By-Law Request. Motion No. C071024-18 Moved by Evans, Seconded by Agnew Be it resolved that 1. The correspondence dated October 8, 2007 from Lynda Aiken, Bruce Chappell, Michelle Lynch, Garry Potter and Rick Webster, re: Tree Preservation By-Law Request be received. 2. That the applicant's request be referred to the Oro-Medonte Environmental Group Advisors (OMEGA) for investigation. 3. That OMEGA report back to Council on this matter. 4. And Further That the applicants be advised of Council's decision. Carried. Page 8 Council Meeting Minutes- October 24, 2007 e} Councillor Crawford, re: Paving of Line 8 North Petition. Councillor Crawford presented the petition to the Clerk. Motion No. C071024-19 Moved by Crawford, Seconded by Evans Be it resolved that the petition dated October 24, 2007 re: Paving of 8t" Line North between Hwy. 11 and 15/16 Sideroad be received and referred to the 2008 budget deliberations. Carried. 15. IN-CAMERA: Motion No. C071 Q24-2t) Moved by Coutanche, Seconded by Allison Be it resolved that we do now go In-Camera at 7:47 p.m. to discuss Legal, Personnel and Property Matters. Garried. Motion No. C071 t)24-21 Maned by Agnew, Seconded by Crawford Be it resolved that we do now Rise and Report from In-Camera at 9:29 p.m. Garried. a) Paul Gravelle, Acting GAO, re: Legal Matter. Motion No. C071024-22 Moved by Crawford, Seconded by Allison Be it resolved that the motion with respect to Confidential Report BP 2007-44, presented by Chris Williams, Aird & Berlis LLP and Nick McDonald, Meridian Planning Consultants Ltd., re: Legal Matter (OPA 16, Nad-Care} be deferred pending receipt of further information. Carried. Page 9 Council Meeting Minutes- October 24, 2007 Motion No. C071024-23 Moved by Crawford, Seconded by Agnew Motion C071024-23 defeated at Special Council mtg on February 11, 2008 by Motion No. SC080211-6 Be it resolved that 1. Confidential Report No. BP 2007-44 presented by Chris Williams, Aird & Berlis l.l-P and Nick McDonald, Meridian Planning Consultants Ltd., re: Legal Matter (OPA 16, Nad-Core) be received and adapted. 2. That the appeals of QPA 16 and By-law 97-95 be allowed and that the applications be supported. 3. And Further That the Township solicitor be authorized to proceed as outlined in Confidential Report No. BP 2007-44. Deferred. b) Paul Gravelle, Acting CAO, re: Legal Matter. Motion No. C071024-24 Moved by Allison, Seconded by Coutanche Be it resolved that the confidential correspondence dated October 22, 2007 presented by Paul Gravelle, Acting CA4, re: Legal Matter {Shanty Bay Community Hall) be received. Carried. Motion No. C071024-25 Moved by Crawford, Seconded by Allison Be it resolved that we do now go In-Camera at 9:38 p.m. to discuss Personnel and Property Matters. Carried. Motion No. C071024-26 Moved by Crawford, Seconded by Allison Be it resolved that we do now Rise and Report from In-Camera at 10:56 p.m. Carried. Page 10 Council Meeting Minutes- October 24, 2007 c) Paul Gravelle, Acting CAO, re: Personnel Matter. Motion No. CU71024-27 Moved by Agnew, Seconded by Evans Be it resolved that Confidential Report ADM 2006-17 be received as information and that the confidential correspondence dated October 19 and 22, 2007 and confidential verbal information presented by Paul Gravelle, Acting CAO re: Personnel Matter (Public Works-General Foreman} be received. Carried. d) Paul Gravelle, Acting CAO, re: Property Matter. This item was withdrawn (Colborne Street Deviation}. 16. BY-LAWS: a) By-Law No. 2007-114 A By-law to authorize certain capital works of The Corporation of the Township of Oro-Medonte (The Municipality); to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures. Motion No. CQ71024-28 Moved by Evans, Seconded by Crawford Be it resolved that a By-law to authorize certain capital works of The Corporation of the Township of Oro-Medonte (The Municipality}; to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures be introduced and read a first and second time and numbered By-Law Na. 2007-114. Carried. That By-Law No. 2007-114 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 24, 2007 17. CONFIRMATION BY-LAW NO. 2007-113. Motion No. 0071024-29 Moved by Allison, Seconded by Coutanche Be it resolved that a By-Law to confirm the proceedings of the Council meeting held on Wednesday, October 24, 2007 be introduced and read a first and second time and numbered By-Law No. 2007-113. Carried. That By-Law No. 2007-113 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. 0071024-30 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 10:58 p.m. Carried. Mayor, H.S. Hughes Cerk, J. Douglas Irwin Page 12 Council Meeting Minutes- October 24, 2407