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02 25 2009 Council MinutesTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Council Chambers Wednesday, February 25, 2009 2006 - 2010 COUNCIL Present: Mayor H.S. Hughes Councillor Mel Coutanche Councillor Terry Allison Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Deputy Mayor Ralph Hough TIME: 7:00 p.m. Staff Present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Jerry Ball, Director of Transportation and Environmental Services; Andria Leigh, Director of Development Services; Janette Teeter, Deputy Clerk Also Present: Bernal Livingston, Murray Livingston 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. C090225-1 Moved by Allison, Seconded by Coutanche Be it resolved that the following items be added to the agenda for consideration: 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Agnew, correspondence dated February, 2009 re: Comparison of Nottawasaga Valley Conservation Authority (NVCA) / Severn Sound Environmental Association (SSEA) Services and Costs for Severn Sound Watershed Area of Oro-Medonte. 17. IN-CAMERA ITEMS: a) Councillor Agnew, re: Legal Matter. Carried. 4. ADOPTION OF AGENDA Motion No. C090225-2 Moved by Crawford, Seconded by Agnew Be it resolved that the agenda for the Council meeting of Wednesday, February 25, 2009 be received and adopted, as amended, to withdraw Item 12b) Minutes of Oro-Medonte Environmental Group Advisors, meeting held on February 19, 2009. Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" Councillor Evans declared a conflict of interest on Item 12a), Minutes of Committee of the Whole, meeting held February 18, 2009, Motion No. CW090218-15, Report No. DS 2009-14, Andria Leigh, Director of Development Services re: Zoning By-Law Amendment (Ian Johnstone), Part of Lot 22, Concession 10 (Oro), Township of Oro-Medonte and Item 18e), By-Law No. 2009-028, A By-Law to amend the zoning provisions which apply to lands within Part of Lot 22, Concession 10, Township of Oro-Medonte by placing a Holding (H) provision to the lands (Johnstone) as he is a relative. Councillor Evans left the room and did not participate in any discussion or vote on these items. 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council Meeting held on February 11, 2009. Motion No. C090225-3 Moved by Coutanche, Seconded by Allison Be it resolved that the minutes of the Council meeting held on February 11, 2009 be adopted as printed and circulated. Carried. Page 2 Council Meeting Minutes- February 25, 2009 7. RECOGNITION OF ACHIEVEMENTS: a) Glenn Melton, correspondence dated February 13, 2009, Letter of Appreciation. Motion No. C090225-4 Moved by Evans, Seconded by Crawford Be it resolved that Glenn Melton and the Transportation staff be recognized with respect to the correspondence dated February 13, 2009 from Jeff Scott. Carried. b) Harold Daynard, correspondence received January 1, 2009, Letter of Appreciation. Motion No. C090225-5 Moved by Allison, Seconded by Coutanche Be it resolved that Harold Daynard be recognized with respect to the correspondence received January 1, 2009 from Nelson McKay. Carried. Council moved In-Camera. Please refer to Item 17. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. Page 3 Council Meeting Minutes- February 25, 2009 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES 2009-04, Jerry Ball, Director of Transportation and Environmental Services, re: Municipal Fleet Review. Motion No. C090225-6 Moved by Crawford, Seconded by Evans Be it resolved that 1. Report No. TES 2009-04, Jerry Ball, Director of Transportation and Environmental Services, re: Municipal Fleet Review be received and adopted. 2. That three (3) full-size two wheel drive pick-ups be purchased for the Transportation and Environmental Services Department. 3. That two (2) four cylinder compact SUVs be purchased for Development Services. 4. That the 2001 Impala pool vehicle be sold and replaced with the Mazda currently used by Corporate Services. 5. That the Township of Ora-Medonte fleet vehicle colour be changed from red to white as new vehicles are purchased, with the exception of the Fire and Emergency Services Department. 6. And Further That a subsequent report on the comprehensive fleet policy will follow in the second quarter. Carried. b) Report No. DS 2009-10, Andria Leigh, Director of Development Services, re: Howard Bloom - 2008-ZBA-16, Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Township of Oro-Medonte (Oro) [Refer to Item 18g)]. Motion No. C090225-7 Moved by Coutanche, Seconded by Allison Be it resolved that 1. Report No. DS 2009-10, Andria Leigh, Director of Development Services, re: Howard Bloom - 2008-ZBA-16, Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Township of Oro-Medonte (Oro) be received and adopted. 2. That Zoning By-law Amendment Application 2008-ZBA-16 for Howard Bloom, Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Township of Oro- Medonte, (Former Township of Oro) on Schedule A12 on the Zoning By-law 97-95 (as amended) be amended for the Agricultural/Rural Exception 155 (A/RU*155) Zone to permit a "Single Detached Dwelling" and prohibit a "Residential Care Home" be approved. 3. That the Clerk bring forward the appropriate By-law for Council's consideration. 4. And Further That the applicant be notified of Council's decision. Carried. Page 4 Council Meeting Minutes- February 25, 2009 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Agnew, correspondence dated February, 2009 re: Comparison of Nottawasaga Valley Conservation Authority (NVCA) / Severn Sound Environmental Association (SSEA) Services and Costs for Severn Sound Watershed Area of Oro-Medonte. Motion No. C090225-8 Moved by Evans, Seconded by Crawford Be it resolved that the correspondence dated February, 2009 presented by Councillor Agnew, re: Comparison of Nottawasaga Valley Conservation Authority (NVCA) / Severn Sound Environmental Association (SSEA) Services and Costs for Severn Sound Watershed Area of Oro-Medonte be received. Carried. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole, meeting held February 18, 2009. Motion No. C090225-9 Moved by Crawford, Seconded by Evans Be it resolved that the minutes of the Committee of the Whole meeting held on February 18, 2009 be received and further that the recommendations therein be adopted with the exception of Motion No. CW090218-15, Report No. DS 2009-14, Andria Leigh, Director of Development Services re: Zoning By-Law Amendment (Ian Johnstone), Part of Lot 22, Concession 10 (Oro), Township of Oro-Medonte, to be voted on separately. Carried. Page 5 Council Meeting Minutes- February 25, 2009 Councillor Evans declared a conflict of interest on Item 12a), Minutes of Committee of the Whole, meeting held February 18, 2009, Motion No. CW090218-15, Report No. DS 2009-14, Andria Leigh, Director of Development Services re: Zoning By-Law Amendment (Ian Johnstone), Part of Lot 22, Concession 10 (Oro), Township of Oro-Medonte as he is a relative. Councillor Evans left the room and did not participate in any discussion or vote on this item. Motion Na C090225-10 Moved by Allison, Seconded by Coutanche Be it resolved that 1. Report No. DS 2009-14, Andria Leigh, Director of Development Services re: Zoning By-Law Amendment (Ian Johnstone), Part of Lot 22, Concession 10 (Oro), Township of Oro-Medonte be received and adopted. 2. That Zoning By-law Amendment for Ian Johnstone, Part of Lot 22, Concession 10, Township of Oro-Medonte (Former Township of Oro) on Schedule A10 on the Zoning By-law 97-95 (as amended) from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Hold (A/RU*H) Zone be approved. 3. And Further That the Clerk bring forward the appropriate By-law for Council's consideration. Carried. b) Minutes of Ora-Medonte Environmental Group Advisors, meeting held on February 19, 2009 [to be distributed at the meeting]. This item was withdrawn. 13. CONSENT AGENDA: a) Nottawasaga Valley Conservation Authority minutes, meeting held on January 9, 2009. Staff Recommendation: Receipt. Motion No. 0090225-11 Moved by Coutanche, Seconded by Allison 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, meeting held on January 9, 2009. Received. Carried. Page 6 Council Meeting Minutes- February 25, 2009 14. COMMUNICATIONS: a) Michael Coley, correspondence dated February 6, 2009 re: Unopened Road Allowance, Line 2 North of Moonstone Road West. Motion Na C090225-12 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated February 6, 2009 from Michael Coley, re: Unopened Road Allowance, Line 2 North of Moonstone Road West be received. Carried. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: Motion No. C090225-13 Moved by Coutanche, Seconded by Allison Be it resolved that we do now go In-Camera at 7:06 p.m. to discuss a Legal Matter. Carried. Motion No. C090225-14 Moved by Allison, Seconded by Coutanche Be it resolved that we do now Rise and Report from In-Camera at 7:25 p.m. Carried. Page 7 Council Meeting Minutes- February 25, 2009 Motion No. 0090225-15 Moved by Coutanche, Seconded by Allison Be it resolved that the confidential verbal information presented by Councillor Agnew re: Legal Matter (Bloom 2008-ZBA-16) be received. Carried. Motion No. 0090225-16 Moved by Agnew, Seconded by Coutanche Be it resolved that staff proceed as directed by Council to obtain a legal opinion for Council's consideration. Defeated. 18. BY-LAWS: a) By-Law No. 2009-022 A By-Law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of The Township of Oro-Medonte, and to repeal By-law Nos. 95-85, 99-073, 2008-063. Motion No. 0090225-17 Moved by Allison, Seconded by Coutanche Be it resolved that a By-Law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of The Township of Oro-Medonte, and to repeal By-law Nos. 95-85, 99-073, 2008-063 be introduced and read a first and second time and numbered By-Law No. 2009-022. Carried. That By-Law No. 2009-022 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 8 Council Meeting Minutes- February 25, 2009 b) By-Law No. 2009-023 A By-Law to Regulate and Prohibit the Sale and Setting Off of Fireworks and to Repeal By-Law No. 2005-135. Motion No. C090225-18 Moved by Evans, Seconded by Crawford Be it resolved that a By-Law to Regulate and Prohibit the Sale and Setting Off of Fireworks and to Repeal By-Law No. 2005-135 be introduced and read a first and second time and numbered By-Law No. 2009-023. Carried. That By-Law No. 2009-023 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. c) By-Law No. 2009-024 A By-Law for Prohibiting or Regulating Within the Municipality of the Township of Oro-Medonte the Making of Noises Likely to Disturb the Inhabitants of the said Township and to Repeal By-Law Nos. 97-82 and 98-90, 2005-136. Motion No. C090225-19 Moved by Coutanche, Seconded by Allison Be it resolved that a By-Law for Prohibiting or Regulating Within the Municipality of the Township of Oro-Medonte the Making of Noises Likely to Disturb the Inhabitants of the said Township and to Repeal By-Law Nos. 97-82 and 98-90, 2005-136 be introduced and read a first and second time and numbered By-Law No. 2009-024. Carried. That By-Law No. 2009-024 be read a third time and finally passed, as amended to remove "97-82 and 98-90" in the title of the by-law, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 9 Council Meeting Minutes- February 25, 2009 d) By-Law No. 2009-025 A By-Law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte and to Repeal By-law No. 2004-085. Motion No. C090225-20 Moved by Agnew, Seconded by Crawford Be it resolved that a By-Law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte and to Repeal By-law No. 2004-085 be introduced and read a first and second time and numbered By-Law No. 2009-025. Carried. That By-Law No. 2009-025 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e) By-Law No. 2009-028 A By-Law to amend the zoning provisions which apply to lands within Part of Lot 22, Concession 10, Township of Oro-Medonte by placing a Holding (H) provision to the lands (Johnstone). Councillor Evans declared a conflict of interest on Item 18e), By-Law No. 2009- 028, A By-Law to amend the zoning provisions which apply to lands within Part of Lot 22, Concession 10, Township of Oro-Medonte by placing a Holding (H) provision to the lands (Johnstone) as he is a relative. Councillor Evans left the room and did not participate in any discussion or vote on this item. Motion No. C090225-21 Moved by Allison, Seconded by Coutanche Be it resolved that a By-Law to amend the zoning provisions which apply to lands within Part of Lot 22, Concession 10, Township of Oro-Medonte by placing a Holding (H) provision to the lands (Johnstone) be introduced and read a first and second time and numbered By-Law No. 2009-028. Carried. That By-Law No. 2009-028 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 10 Council Meeting Minutes- February 25, 2009 f) By-Law No. 2009-029 A By-Law to authorize the execution of an agreement between the Township or Oro-Medonte and Jeff and Susan Waring to allow for two dwellings and to repeal By-law No. 2008-132. Motion No. C090225-22 Moved by Agnew, Seconded by Evans Be it resolved that a By-Law to authorize the execution of an agreement between the Township or Oro-Medonte and Jeff and Susan Waring to allow for two dwellings and to repeal By-law No. 2008-132 be introduced and read a first and second time and numbered By-Law No. 2009-029. Carried. That By-Law No. 2009-029 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. g) By-Law No. 2009-030 A By-Law to amend the zoning provisions which apply to lands within Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Former Township of Oro, now in the Township of Oro-Medonte, (2008-ZBA-16). Motion No. C090225-23 Moved by Coutanche, Seconded by Allison Be it resolved that a By-Law to amend the zoning provisions which apply to lands within Part 1, RP 51 R-31716, East Part of Lot 13, Concession 5, Former Township of Oro, now in the Township of Oro-Medonte, (2008-ZBA-16) be introduced and read a first and second time and numbered By-Law No. 2009-030. Carried. That By-Law No. 2009-030 be read a third time and finally passed, as amended to replace "A13" with "A12" in Section 1 and to insert, "4. That By-Law No. 2003- 077 is hereby repealed", be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 11 Council Meeting Minutes- February 25, 2009 19. CONFIRMATION BY-LAW NO. 2009-027 Motion No. C090225-24 Moved by Evans, Seconded by Agnew Be it resolved that a By-Law to confirm the proceedings of the Council meeting held on Wednesday, February 25, 2009 be introduced and read a first and second time and numbered By-Law No. 2009-027. Carried. That By-Law No. 2009-027 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT Motion No. C090225-25 Moved by Allison, Seconded by Coutanche Be it resolved that we do now adjourn at 8:36 p.m. Carried. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 12 Council Meeting Minutes- February 25, 2009