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04 22 2009 Council MinutesTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Council Chambers Wednesday, April 22, 2009 2006 - 2010 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Terry Allison TIME: 7:05 p.m. Staff Present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Richard Playfair, Acting Fire Chief; Shawn Binns, Director of Recreation and Community Services; Janette Teeter, Deputy Clerk Also Present: Mike Gannon 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. C090422-1 Moved by Coutanche, Seconded by Hough Be it resolved that the following items be added to the agenda for consideration: 10. REPORTS OF MUNICIPAL OFFICERS: f) Shawn Binns, Director of Recreation and Community Services correspondence re: Economic Development Initiative Update. g) Robin Dunn, Chief Administrative Officer, re: Infrastructure Stimulus Fund Program. h) Jerry Ball, Director of Transportation and Environmental Services, memorandum correspondence dated April 22, 2009 re: Infrastructure Stimulus Fund. 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Coutanche, re: Safety Concern, Horseshoe Valley Road and Line 9. 17. IN-CAMERA ITEMS: b) Robin Dunn, Chief Administrative Officer, re: Legal Matter (2109 20/21 Sideroad). c) Councillor Agnew, re: Legal Matter (NVCA Mediation). Carried. 4. ADOPTION OF AGENDA Motion No. C090422-2 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Council meeting of Wednesday, April 22, 2009 be received and adopted, as amended, to withdraw Item 10b), Report No. FD 2009-04, Richard Playfair, Acting Fire Chief / Shawn Binns, Director of Recreation and Community Services, re: Township Facility Fire Inspections; Item 18c), By-law No. 2009-048, "A By- law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Jaxx Trust described as lands as follows: Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT), 37 Brambel Road, Township of Oro-Medonte, County of Simcoe"; and Item 18d), By-Law No. 2009- 049, "Being a By-law to remove the Holding symbol applying to lands located at Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT), 37 Brambel Road (Jaxx Trust)." Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council Meeting held on April 8, 2009. Motion No. C090422-3 Moved by Hough, Seconded by Coutanche Be it resolved that the minutes of the Council meeting held on April 8, 2009 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: a) Janette Teeter, Completion of the Primer on Planning Course, Ontario Association of Committees of Adjustment and Consent Authorities. Motion No. C090422-4 Moved by Evans, Seconded by Agnew Be it resolved that Janette Teeter be recognized for the successful completion and prescribed examination of the Primer on Planning Course from the Ontario Association of Committees of Adjustment and Consent Authorities. Carried. Page 2 Council Meeting Minutes-April 22, 2009 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES 2009-020, Jerry Ball, Director of Transportation and Environmental Services re: Tender Results for: PW2009-01-Hot Mix Paving, PW2009-02-Slurry Seal, PW2009-03-(Dark Journal) Virgin Oil, PW2009-04-Supply, Haul, Mix and Pile Winter Sand, PW2009-05-Snow Removal for the Winter Seasons of 2009/2010, 2010/2011 and 2011/2012. Motion No. C090422-5 Moved by Coutanche, Seconded by Hough Be it resolved that 1. Report No. TES 2009-020, Jerry Ball, Director of Transportation and Environmental Services re: Tender Results for: PW2009-01-Hot Mix Paving, PW2009-02-Slurry Seal, PW2009-03-(Dark Journal) Virgin Oil, PW2009-04-Supply, Haul, Mix and Pile Winter Sand, PW2009-05-Snow Removal for the Winter Seasons of 2009/2010, 2010/2011 and 2011/2012 be received and adopted. 2. That the followina tenders be awarded: CONTRACT DESCRIPTION NO. CONTRACTOR TOTAL AMOUNT PW2009-01 Hot Mix Paving K. J. Beamish $1,878,601.62 Construction (South) Co. Ltd. K. J. Beamish $1,278,224.64 Construction Co. Ltd. North PW2009-02 Slurry Seal Duncor Enterprises Inc. $335,520.15 PW2009-03 "Dark Journal" Miller Paving Limited $228,196.50 Virgin Oil PW2009-04 Supply, Haul, Mix Duivenvoorden Haulage $88,652.40 (South) and Pile Winter Ltd. $70,056.90 (North) Sand CONTRACT NO. DESCRIPTION CONTRACTOR 200912010 Standby Time 201012011 Standby Time 2011/2012 Standby Time Snow PW2009-05 Removal for John Eek and $77.70 $297.15 $81.90 $297.15 $85.05 $297.15 the Winter Son Ltd. per hour per day per hour per day per hour per da y Seasons of 2009/2010, 2010/2011 and 2011/2012 3. And Further That the respective Contractors be notified accordingly. Carried. Page 3 Council Meeting Minutes-April 22, 2009 b) Report No. FD 2009-04, Richard Playfair, Acting Fire Chief / Shawn Binns, Director of Recreation and Community Services, re: Township Facility Fire Inspections [to be distributed at meeting]. This item was withdrawn. c) Report No. RC 2009-09, Shawn Binns, Director of Recreation and Community Services, re: Recreation and Community Services Fees and Charges Review. Motion No. C090422-6 Moved by Hough, Seconded by Coutanche Be it resolved that 1. Report No. RC 2009-09, Shawn Binns, Director of Recreation and Community Services, re: Recreation and Community Services Fees and Charges Review be received and adopted. 2. That the Arena ice rental fees for minor sports groups be established at $95.00 per hour effective September 1, 2009. 3. That the fee for a seasonal non-resident parking pass for Bayview Memorial Park and the Line 9 Boat Launch be set at $110.00. 4. And Further That the appropriate by-law be brought forward for Council's consideration. Carried. d) Report No. DS 2009-24, Andria Leigh, Director of Development Services, re: Indian Park Association- 2009-ZBA-03 Part of Lot 3, Concession 6, Part of Block D, RP M-8 and Part 1, Plan 51 R-36289 (Oro) Township of Oro-Medonte [Refer to Item 18e)]. Motion No. C090422-7 Moved by Agnew, Seconded by Crawford Be it resolved that 1. Report No. DS 2009-24, Andria Leigh, Director of Development Services, re: Indian Park Association - 2009-ZBA-03 Part of Lot 3, Concession 6, Part of Block D, RP M-8 and Part 1, Plan 51 R-36289 (Oro) Township of Oro-Medonte be received and adopted. 2. That Zoning By-law Amendment Application 2009-ZBA-03 for Indian Park Association, Part of Block D, Registered Plan M-8 and Part 1, Plan 51 R-36289, (Oro), Township of Oro-Medonte, on Schedule A16 on the Zoning By-law 97-95 (as amended) be amended for the Residential One Exception (R1 Zone to permit a "Single Detached Dwelling with specified exceptions for lot and setbacks requirements" be approved. 3. And Further That the Clerk bring forward the appropriate By-law for Council's consideration. Carried. Page 4 Council Meeting Minutes- April 22, 2009 e) Report No. DS 2009-25, Andria Leigh, Director of Development Services, re: Site Plan Agreement and Removal of Hold, 2008-SPA-05, (Jaxx Trust), Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT), 37 Brambel Road [Refer to Items 18c) and d)]. Motion No. C090422-8 Moved by Coutanche, Seconded by Hough Be it resolved that 1. Report No. DS 2009-25, Andria Leigh, Director of Development Services, re: Site Plan Agreement and Removal of Hold, 2008-SPA-05, (Jaxx Trust), Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT), 37 Brambel Road be received and adopted. 2. That the Township of Oro-Medonte enter into a Site Plan Agreement with Jaxx Trust to permit a new single detached dwelling and an additional boat slip on the existing boathouse to the lands at 37 Brambel Road. 3. That the Clerk prepare a By-law for Council's consideration to enter into a Site Plan Agreement with Jaxx Trust. 4. That the Clerk prepare a By-law for Council's consideration to remove the Holding Symbol from lands described as 37 Brambel Road, Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT). 5. And Further That the owner be notified of Council's decision. Carried. f) Shawn Binns, Director of Recreation and Community Services re: Economic Development Initiative Update. Motion No. C090422-9 Moved by Crawford, Seconded by Agnew Be it resolved that the correspondence presented by Shawn Binns, Director of Recreation and Community Services re: Economic Development Initiative Update be received. Carried. Page 5 Council Meeting Minutes-April 22, 2009 g) Robin Dunn, Chief Administrative Officer, re: Infrastructure Stimulus Fund Program. Motion No. C090422-10 Moved by Hough, Seconded by Coutanche Be it resolved that 1. The verbal information presented by Robin Dunn, Chief Administrative Officer, re: Infrastructure Stimulus Fund Program be received. 2. That the Lake Simcoe Regional Airport is the top priority project for the Infrastructure Stimulus Fund Program. 3. And Further that a joint submission, by the Township of Oro-Medonte and the City of Barrie, be prepared for the Infrastructure Stimulus Fund Program for the Lake Simcoe Regional Airport. Carried. h) Jerry Ball, Director of Transportation and Environmental Services, memorandum correspondence dated April 22, 2009 re: Infrastructure Stimulus Fund. Motion No. C090422-11 Moved by Evans, Seconded by Agnew Be it resolved that the memorandum correspondence dated April 22, 2009 and presented by Jerry Ball, Director of Transportation and Environmental Services, re: Infrastructure Stimulus Fund be received. Carried. Motion No. C090422-12 Moved by Crawford, Seconded by Evans Be it resolved that a new fire station in the Shanty Bay settlement area be the Township of Oro-Medonte's priority project for the Building Canada Fund Program. Carried. Page 6 Council Meeting Minutes- April 22, 2009 Motion No. C090422-13 Moved by Evans, Seconded by Crawford Be it resolved that a new pump house for the Warminster water system be the Township of Oro-Medonte's priority project for the Building Canada Fund Program. Carried. 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Coutanche, re: Safety Concern, Horseshoe Valley Road and Line 9. Correspondence dated April 22, 2009 was distributed to members of Council and staff. Motion No. C090422-14 Moved by Evans, Seconded by Agnew Be it resolved that the correspondence dated April 22, 2009 and presented by Councillor Coutanche, re: Safety Concern Horseshoe Valley Road and Line 9 be received. Carried. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole, meeting held April 15, 2009. Motion No. C090422-15 Moved by Coutanche, Seconded by Hough Be it resolved that the minutes of the Committee of the Whole meeting held on April 15, 2009 be received and further that the recommendations therein be adopted. Carried. Page 7 Council Meeting Minutes-April 22, 2009 Motion No. C090422-13 Motion No. C090422-13 Rescinded at May 13, 2009 Council meeting by Motion No. C090513-3. Moved by Evans, Seconded by Crawford Be it resolved that a new pump house for the Warminster water system be the Township of Oro-Medonte's priority project for the Building Canada Fund Program. Carried. 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Coutanche, re: Safety Concern, Horseshoe Valley Road and Line 9. Correspondence dated April 22, 2009 was distributed to members of Council and staff. Motion No. C090422-14 Moved by Evans, Seconded by Agnew Be it resolved that the correspondence dated April 22, 2009 and presented by Councillor Coutanche, re: Safety Concern Horseshoe Valley Road and Line 9 be received. Carried. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole, meeting held April 15, 2009. Motion No. C090422-15 Moved by Coutanche, Seconded by Hough Be it resolved that the minutes of the Committee of the Whole meeting held on April 15, 2009 be received and further that the recommendations therein be adopted. Carried. Page 7 Council Meeting Minutes-April 22, 2009 b) Citizen of the Year Advisory Group, meeting held on April 14, 2009. Motion No. C090422-16 Moved by Evans, Seconded by Crawford Be it resolved that the draft minutes of the Citizen of the Year Advisory Group meeting held on April 14, 2009 be received. Carried. Motion No. C090422-17 Moved by Hough, Seconded by Coutanche Be it resolved that the 2009 Oro-Medonte Citizen of the Year be Darlene Corkett as voted by the Advisory Group. Carried. Motion No. C090422-18 Moved by Crawford, Seconded by Evans Be it resolved that the 2009 Oro-Medonte Senior of the Year be Neil and Jean McNiven as voted by the Advisory Group. Carried. c) Committee of Adjustment, meeting held on April 16, 2009. Motion No. C090422-19 Moved by Coutanche, Seconded by Hough Be it resolved that the draft minutes of the Committee of Adjustment meeting held on April 16, 2009 be received. Carried. Page 8 Council Meeting Minutes- April 22, 2009 13. CONSENT AGENDA: a) Springwater Library Board, minutes of meeting held on March 10, 2009. Staff Recommendation: Receipt. b) The Maple Trees Committee, A Branch of Maple Leaves Forever (Huronia Woodland Owners Association), correspondence dated April 8, 2009 re: Maple Tree Grant Letter of Appreciation. Staff Recommendation: Receipt. Motion No. C090422-20 Moved by Agnew, 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) Springwater Library Board, minutes of meeting held on March 10, 2009. Received. b) The Maple Trees Committee, A Branch of Maple Leaves Forever (Huronia Woodland Owners Association), correspondence dated April 8, 2009 re: Maple Tree Grant Letter of Appreciation. Received. Carried. 14. COMMUNICATIONS: None. 15. NOTICE OF MOTIONS: None. Page 9 Council Meeting Minutes- April 22, 2009 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: a) Councillor Evans, Notice of Motion at the April 8, 2009 Council meeting to be dealt with at the April 22, 2009 Council meeting re: Motion No. CW090304- 20, Committee of Adjustment decision on Application No. 2008-A-51, Mike Gannon, 6 Catherine Street (motion printed on main agenda). Motion No. C090422-21 Moved by Evans, Seconded by Crawford Be it resolved that Whereas Council adopted Motion No. CW090304-20 at its Committee of the Whole meeting of March 4, 2009, which reads, "it is recommended that 1. The Township of Oro-Medonte appeal the Committee of Adjustment decision on Application No. 2008-A-51, Mike Gannon, 6 Catherine Street, West Part of Lot 1, Concession 13, effective immediately. 2. And Further That staff proceed accordingly with the submission of the appeal to the Ontario Municipal Board (OMB). 3. And That the matter be brought forward to the Council meeting of March 25, 2009, for discussion with all members of Council and that the delegation of Rich Foshay and the applicant, Mr. Mike Gannon, be invited to present deputations to Council at that time." And Whereas the deputations of Mr. Rich Foshay and the applicant, Mr. Mike Gannon, did occur at the March 25, 2009 Council meeting with all members of Council present. Now Therefore Be It Resolved That the Township of Oro-Medonte supports the Committee of Adjustment Motion No. CA090219-03, at its February 19, 2009 meeting, with respect to Application 2008-A-51. That the Township of Oro-Medonte's appeal of Application 2008-A-51 to the OMB be withdrawn. And Further That staff proceed accordingly to advise the OMB of the Township's withdrawal of their appeal of Application 2008-A-51. Carried. Recorded Vote Requested by Councillor Crawford Councillor Crawford Councillor Evans Deputy Mayor Hough Councillor Agnew Councillor Allison Councillor Coutanche Mayor H.S. Hughes Yea Yea Yea Nay Absent Yea Yea Page 10 Council Meeting Minutes-April 22, 2009 17. IN-CAMERA ITEMS: Motion No. C090422-22 Moved by Hough, Seconded by Coutanche Be it resolved that we do now go In-Camera at 8:44 p.m. to discuss Property and Legal Matters. Carried. Motion No. C090422-23 Moved by Agnew, Seconded by Crawford Be it resolved that we do now Rise and Report from In-Camera at 9:20 p.m. Carried. a) Andria Leigh, Director of Development Services re: Property Matter (TRY Recycling). Motion No. C090422-24 Moved by Coutanche, Seconded by Hough Be it resolved that the confidential correspondence received April 22, 2009 and presented by Andria Leigh, Director of Development Services re: Property Matter (TRY Recycling) be received. Carried. b) Robin Dunn, Chief Administrative Officer, re: Legal Matter (2109 20/21 Sideroad). Motion No. C090422-25 Moved by Crawford, Seconded by Agnew Be it resolved that the confidential correspondence dated April 20, 2009 and presented by Robin Dunn, Chief Administrative Officer, re: Legal Matter (2109 20/21 Sideroad) be received. Carried. Page 11 Council Meeting Minutes-April 22, 2009 c) Councillor Agnew, re: Legal Matter (NVCA Mediation). Motion No. C090422-26 Moved by Crawford, Seconded by Evans Be it resolved that the confidential verbal information from Councillor Agnew and presented by Deputy Mayor Hough and Councillor Coutanche re: Legal Matter (NVCA Mediation) be received. Carried. 18. BY-LAWS: a) By-Law No. 2009-038 A By-law to Amend By-Law No. 2007-079, A By-Law to Authorize the Execution of a Joint Use Agreement between the Simcoe County District School Board and the Township of Oro-Medonte. Motion No. C090422-27 Moved by Hough, Seconded by Coutanche Be it resolved that a By-law to Amend By-Law No. 2007-079, A By-Law to Authorize the Execution of a Joint Use Agreement between the Simcoe County District School Board and the Township of Oro-Medonte be introduced and read a first and second time and numbered By-Law No. 2009-038. Carried. That By-Law No. 2009-038 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- April 22, 2009 b) By-Law No. 2009-047 A By-law to Deem Certain Plans of Subdivision or parts thereof not to be Registered Plans of Subdivision within the meaning of the Planning Act R.S.O. 1990, c.P.13, as amended, and to Permanently Close and Sell Part of the Original Road Allowance between Concessions 6 & 7, In Front of Lot 3 (Part of PIN #58533-0179 (LT)), (geographic Township of Oro), Township of Oro- Medonte, described as Part 1, Plan 51 R-35715, Township of Oro-Medonte, County of Simcoe. Motion No. C090422-28 Moved by Agnew, Seconded by Evans Be it resolved that a By-law to Deem Certain Plans of Subdivision or parts thereof not to be Registered Plans of Subdivision within the meaning of the Planning Act R.S.O. 1990, c.P.13, as amended, and to Permanently Close and Sell Part of the Original Road Allowance between Concessions 6 & 7, In Front of Lot 3 (Part of PIN #58533-0179 (LT)), (geographic Township of Oro), Township of Oro- Medonte, described as Part 1, Plan 51 R-35715, Township of Oro-Medonte, County of Simcoe be introduced and read a first and second time and numbered By-Law No. 2009-047. Carried. That By-Law No. 2009-047 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. c) By-Law No. 2009-048 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Jaxx Trust described as lands as follows: Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT), 37 Brambel Road, Township of Oro-Medonte, County of Simcoe. This item was withdrawn. d) By-Law No. 2009-049 Being a By-law to remove the Holding symbol applying to lands located at Lot 5, Plan 819, Concession 4, Being all of PIN 58556-0132 (LT), 37 Brambel Road (Jaxx Trust). This item was withdrawn. Page 13 Council Meeting Minutes- April 22, 2009 e) By-Law No. 2009-050 A By-law to amend the zoning provisions which apply to lands within Part of Lot 3, Concession 6, Part of Block D, Plan M- 8, designated as Part 1, Plan 51 R- 36289, former Township of Oro, Township of Oro- Medonte, County of Simcoe, (2009-ZBA-03 Indian Park Association). Motion No. C090422-29 Moved by Coutanche, Seconded by Hough Be it resolved that a By-law to amend the zoning provisions which apply to lands within Part of Lot 3, Concession 6, Part of Block D, Plan M- 8, designated as Part 1, Plan 51 R-36289, former Township of Oro, Township of Oro-Medonte, County of Simcoe, (2009-ZBA-03 Indian Park Association) be introduced and read a first and second time and numbered By-Law No. 2009-050. Carried. That By-Law No. 2009-050 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. f) By-Law No. 2009-051 A By-law to Amend By-law No. 2007-021, being A By-law to Appoint Representatives to Various Committees/ Organizations and Technical Support Groups and to Repeal By-Law No. 2008-177. Motion No. C090422-30 Moved by Evans, Seconded by Crawford Be it resolved that a By-law to Amend By-law No. 2007-021, being A By-law to Appoint Representatives to Various Committees/ Organizations and Technical Support Groups and to Repeal By-Law No. 2008-177 be introduced and read a first and second time and numbered By-Law No. 2009-051. Carried. That By-Law No. 2009-051 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- April 22, 2009 g) By-Law No. 2009-052 A By-law to Amend By-law No. 2007-021, being A By-law to Appoint Representatives to Various Committees/ Organizations and Technical Support Groups and to Repeal By-Law No. 2009-010. Motion No. C090422-31 Moved by Hough, Seconded by Coutanche Be it resolved that a By-law to Amend By-law No. 2007-021, being A By-law to Appoint Representatives to Various Committees/ Organizations and Technical Support Groups and to Repeal By-Law No. 2009-010 be introduced and read a first and second time and numbered By-Law No. 2009-052. Carried. That By-Law No. 2009-052 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 19. CONFIRMATION BY-LAW NO. 2009-046 Motion No. C090422-32 Moved by Crawford, Seconded by Evans Be it resolved that a By-Law to confirm the proceedings of the Council meeting held on Wednesday, April 22, 2009 be introduced and read a first and second time and numbered By-Law No. 2009-046. Carried. That By-Law No. 2009-046 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 Page 15 Council Meeting Minutes- April 22, 2009 22. ADJOURNMENT Motion No. C090422-33 Moved by Coutanche, Seconded by Hough Be it resolved that we do now adjourn at 9:46 p.m. Carried. I r C rk, J. Do I s Irwin Page 16 Council Meeting Minutes-April 22, 2009