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04 23 2003 COW Minutes .. "" . TOWNSHIP OF ORO-MEDONTE REGULAR COMMITTEE OF THE WHOLE MEETING MINUTES Wednesday, April 23, 2003 @ 9:10 a.m. Robinson Room Present: Mayor J. Neil Craig Deputy Mayor Walter Dickie Councillor Don Bell Councillor Ralph Hough Councillor Paul Marshall Councillor Harry Hughes Councillor Ruth Fountain Staff Present: Jennifer Zieleniewski, CAO; Marilyn Pennycook, Clerk; Paul Eenhoorn, Fire Chief; Joe Casey, Deputy Fire Chief; Paul Gravelle, Treasurer; Keith Mathieson, Director of Engineering and Environmental Services; Chris Carter, Recreation Co-ordinator, Ron Kolbe, Director of Building and Planning Also Present: Bill Snoddon (OPP Commander), Julie Scott (Innovative Perspectives), Keith Sherman (Severn Sound Environmental Association), Wayne Wilson (Nottawasaga Valley Conservation Authority) Vicki Palmer, Doug Campbell, Shirley Evans, Harry Evans, Ed Evans, William von Althen, Pat Hastings, Terry Burns, Walter Connell (Lite FM), Lloyd Squire . 1. NOTICE OF ADDITIONS TO AGENDA: Motion No. CW-1 Moved by Marshall, Seconded by Fountain It is recommended that the motion with respect to additions to the agenda be tabled to allow a motion to waive the procedural by-law to allow a deputation. Carried. Motion No. CW-2 Moved by Marshall, Seconded by Dickie . It is recommended that the procedural by-law be waived to allow the deputation of Mr. Ed Evans, re: Plan 709. Carried. ", ..,JI' J Motion No. CW-3 . Moved by Marshall, Seconded by Hughes It is recommended that the following items be added to the agenda for consideration: 5. DEPUTATIONS: e) Mr. Ed Evans, re: Plan 709. 11. IN-CAMERA c) Councillor Hough, re: Personnel Matter. d) Councillor Hughes, re: Property Matter. e) Mayor J. Neil Craig, re: Legal Matter. Carried. 2. ADOPTION OF THE AGENDA: Motion No. CW-4 Moved by Fountain, Seconded by Marshall It is recommended that the agenda for the Committee of the Whole meeting of Wednesday, April 23,2003 be received and adopted as amended to include the items as shown on the addendum: . 6. CORRESPONDENCE: n) The Corporation of the Town of Midland, re: EDC Presentation - Simcoe County District School Board and Simcoe Muskoka Catholic District School Board. 7. FINANCE, ADMINISTRATION AND FIRE: d) Marilyn Pennycook, Clerk, discussion re: Respecting Smoking in Workplaces, deferred from April 16, 2003 Council meeting. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None. 4. RECEIPT OF ACCOUNTS: . None. Page 2 Committee of the Whole Meeting - April 23, 2003 " ~ . s. DEPUTATIONS: a) Mr. Keith Sherman, Co-ordinator, Severn Sound Environmental Association, re: Nottawas8ga Valley Conservation Authority Expansion. Motion No. CW-S Moved by Hughes, Seconded by Fountain It is recommended that the information and correspondence provided by Mr. Keith Sherman, Co-ordinator, Severn Sound Environmental Association, re: Nottawasaga Valley Conservation Authority Expansion be received. Carried. b) Mr. Wayne Wilson, CAO/Secretary-Treasurer, Nottawasaga Valley Conservation Authority, re: Nottawasaga Valley Conservation Authority Expansion. Motion No. CW-6 . Moved by Marshall, Seconded by Fountain It is recommended that the information provided by Mr. Wayne Wilson, CAO/Secretary- Treasurer, Nottawasag8 Valley Conservation Authority, re: Nottawasaga Valley Conservation Authority Expansion be received. Carried. c) Ms. Julie Scott, Innovative Perspectives, re: Draft, Oro-Medonte Fire and Emergency Services Master Plan. Motion No. CW-7 Moved by Hughes, Seconded by Marshall . It is recommended that the information and correspondence provided by Ms. Julie Scott, Innovative Perspectives, re: Draft Oro-Medonte Fire and Emergency Services Master Plan be received and that the Master Plan be presented at 8 public meeting to solicit input from the public at the Council meeting to be held May 21, 2003 and that the final Master Plan be presented to Council at the Council meeting to be held on June 18, 2003 and that the Council meeting of May 21,2003 be scheduled to begin at 6:00 p.m. Carried. Page 3 Committee of the Whole Meeting - April 23. 2003 ,.. ... d) Ms. Vicki Palmer, re: Plan 709. . Motion No. CW-8 Moved by Fountain, Seconded by Hughes It is recommended that the information provided by Ms. Vicki Palmer, re: Plan 709 be received. Carried. e) Mr. Ed Evans, re: Plan 709. Mr. Ed Evans presented information on behalf of Mr. Harry and Mrs. Shirley Evans. Motion No. CW-9 Moved by Marshall, Seconded by Hughes It is recommended that the information provided by Mr. Ed Evans, re: Plan 709 be received. Carried. . f) Mr. Lloyd Squire, re: Road Maintenance and Rezoning, East Half of Lot 7, Concession 7. Motion No. CW-10 Moved by Hough, Seconded by Bell It is recommended that the procedural by-law be waived to allow the deputation of Mr. Lloyd Squire re: th Line Road Maintenance. Carried. Motion No. CW-11 Moved by Marshall, Seconded by Hughes It is recommended that the information presented by Mr. Lloyd Squire, re: th Line Aggregate Rezoning Application be received. . Carried. Page 4 Committee of the Whole Meeting April 23, 2003 Motion No. CW-12 . . Moved by Bell, Seconded by Dickie It is recommended that we do now go In-Camera at 2:35 p.m. to discuss Legal Matters. Carried. Motion No. CW-13 Moved by Dickie, Seconded by Hough It is recommended that we do now Rise and Report from In-Camera at 3:40 p.m. Carried. 6. CORRESPONDENCE: a) Mr. Tim Crawford, Chairperson, Oro-Medonte History Committee, re: Date of the Unveiling of the Federal Plaque at the Oro African Church, NHS. Motion No. CW-14 . Moved by Marshall, Seconded by Hughes It is recommended that the correspondence submitted by Mr. Tim Crawford, Chairperson, Oro-Medonte History Committee, re: Date of the Unveiling of the Federal Plaque at the Oro African Church, NHS be received and that Councillor Paul Marshall be authorized to represent Council on the Parks Canada planning committee for this event. Carried. b) Mr. John Liss, re: URS Cole, Sherman and Associates Ltd. correspondence, Proposed Widening of Highway 12 from Prices Corners to Orillia. Motion No. CW-1S Moved by Marshall, Seconded by Fountain . It is recommended that the correspondence submitted by Mr. John Liss, re: URS Cole, Sherman and Associates Ltd. correspondence, Proposed Widening of Highway 12 from Prices Corners to Orillia be received. Carried. Page 5 Committee of the Whole Meeting - April 23, 2003 c) Mr. Ray Schaefer, President, Sno Voyageur Club, re: Snowmobile Trail Access. Motion No. CW-16 - . Moved by Hughes, Seconded by Marshall It is recommended that the correspondence submitted by Mr. Ray Schaefer, President, Sno Voyageur Club, re: Snowmobile Trail Access be received. Carried. d) Ms. Anita C. Beaton, re: The Expansion of NVCA Services into Northern Oro-Medonte. Motion No. CW-17 Moved by Fountain, Seconded by Hughes It is recommended that the correspondence submitted by Ms. Anita C. Beaton, re: The Expansion of NVCA Services into Northern Oro-Medonte be received. Carried. e) Mr. Michael Raggett, President, Digital Distance Inc., re: Broadband for Rural and Northern Development Program: Application for Funding. . Motion No. CW-18 Moved by Marshall, Seconded by Hughes It is recommended that the correspondence submitted by Mr. Michael Raggett, President, Digital Distance Inc., re: Broadband for Rural and Northern Development Program: Application for Funding be received. Carried. f) The Corporation of the County of Simcoe, re: correspondence from Communitas Associates Training and Consulting Inc., concerning Community and Employment accessABIUTY Month. Motion No. CW-19 Moved by Fountain, Seconded by Marshall It is recommended that the correspondence submitted by The Corporation of the County of Simcoe, re: correspondence from Communitas Associates Training and Consulting Inc., . concerning Community and Employment accessABIUTY Month be received. Carried. Page 6 Committee of the Whole Meeting - April 23, 2003 g) Premier Ernie Eves, MPP, re: Nutrient Management Act correspondence. - , . . Motion No. CW-20 Moved by Hughes, Seconded by Fountain It is recommended that the correspondence submitted by Premier Ernie Eves, MPP, re: Nutrient Management Act correspondence be received. Carried. h) Mr. Philip Brunt and Ms. Mary Brunt, re: ditch blockage/road condition. Motion No. CW-21 Moved by Marshall, Seconded by Hughes It is recommended that the correspondence submitted by Mr. Philip Brunt and Ms. Mary Brunt, re: ditch blockage/road condition be received and referred to staff for a response under the Mayor's signature. Carried. . i) Ms. Gayle Wood, CAO/Secretary-Treasurer, Lake Simcoe Region Conservation Authority, re: 2002 Annual Report. Motion No. CW-22 Moved by Dickie, Seconded by Hough It is recommended that the correspondence submitted by Ms. Gayle Wood, CAO/Secretary- Treasurer, Lake Simcoe Region Conservation Authority, re: 2002 Annual Report be received. Carried. j) Township of Springwater, Notice of Passing, re: By-law No. 2003-031, former Township of Medonte, known municipally as 5410 Penetanguishene Road (Janda Rezoning). Motion No. CW-23 Moved by Hough, Seconded by Dickie . It is recommended that the correspondence submitted by Township of Springwater, Notice of Passing, re: By-law No. 2003-031, former Township of Medonte, known municipally as 5410 Penetanguishene Road (Janda Rezoning) be received. Carried. Page 7 Committee of the Whole Meeting - April 23, 2003 k) Midland Public Library Board, minutes of February 13, 2003 meeting. , . Motion No. CW-24 Moved by Hough, Seconded by Dickie . It is recommended that the minutes for the Midland Public Library Board meeting as at February 13, 2003 be received. Carried. I) Ms. Bonnie McPhail, Co-Chair, Mr. Ronald S. Harrison, Co-Chair, Toonie for Autism Day Committee, Autism Society Ontario, re: April 25, 2003 campaign. Motion No. CW-25 Moved by Dickie, Seconded by Bell It is recommended that the correspondence submitted by Ms. Bonnie McPhail, Co-Chair and Mr. Ronald S. Harrison, Co-Chair, Toonie for Autism Day Committee, Autism Society Ontario, re: April 25, 2003 campaign be received. Carried. m) Nottawasaga Valley Conservation Authority, April 16, 2003 Press Release, re: Arbour Day - . Greening our Valley Program. Motion No. CW-26 Moved by Bell, Seconded by Dickie It is recommended that the correspondence submitted by Nottawasaga Valley Conservation Authority, April 16, 2003 Press Release, re: Arbour Day - Greening our Valley Program be received. Carried. n) The Corporation of the Town of Midland, re: EDC Presentation - Simcoe County District School Board and Simcoe Muskoka Catholic District School Board. Motion No. CW-27 Moved by Dickie, Seconded by Hough It is recommended that the correspondence submitted by The Corporation of the Town of Midland, re: EDC Presentation - Simcoe County District School Board and Simcoe Muskoka . Catholic District School Board be received. Carried. Page 8 Committee of the Whole Meeting - April 23, 2003 7. FINANCE, ADMINISTRATION AND FIRE: " . a) S/Sgt. Bill Snoddon, Detachment Commander, Barrie OPP, re: 2003 Oro-Medonte First Quarter Policing Statistics. On behalf of Council, Mayor Craig welcomed S/Sgt. Snoddon in his new position as Detachment Commander. Motion No. CW-28 Moved by Bell, Seconded by Dickie It is recommended that the correspondence submitted by S/Sgt. Bill Snoddon, Detachment Commander, Barrie OPP, re: 2003 Oro-Medonte First Quarter Policing Statistics be received. Carried. b) Report No. PR 2003-06, Chris Carter, Recreation Co-ordinator, re: Update 2003 March Break Day Trips. Motion No. CW-29 . Moved by Dickie, Seconded by Hough It is recommended that Report No. PR 2003-06, Chris Carter, Recreation Co-ordinator, re: Update 2003 March Break Day Trips be received for Council's information. Carried. c) Report No. PR 2003-05, Chris Carter, Recreation Co-ordinator, re: Request to Increase Rental Rates. Motion No. CW-30 (Amendment) Moved by Dickie, Seconded by Marshall . It is recommended that the motion re: Report No. PR 2003-05, Chris Carter, Recreation Co-ordinator re: Request to Increase Rental Rates, be amended that the recommendation to except the senior group using the HVC Room at The Ian Beard Community Complex from paying the rental rate be deleted and the hourly rate be amended to $12.00 / hour including G.S.T. for rental of the room. Carried. Page 9 Committee of the Whole Meeting April 23, 2003 Motion No. CW-31 Moved by Dickie, Seconded by Bell . . It is recommended that Report No. PR 2003-05, Chris Carter, Recreation Co-ordinator, re: Request to Increase Rental Rates be received and adopted, that Council approve a 9% increase to the following rental rates effective September 1, 2003: Ice Rental, Non-Ice Rental, Banquet Hall Rental, Ball Diamond Rental, Pavilion Rental, Advertising, and that staff advise the user groups appropriately and that the recommendation to except the senior group using the HVC Room at The Ian Beard Community Complex from paying the rental rate be deleted and the hourly rate be amended to $12.00 / hour including G.S.T. for rental of the room. Carried As Amended. d) Marilyn Pennycook, Clerk, discussion re: Respecting Smoking in Workplaces, Deferred from April 16, 2003 Council meeting. . Motion No. CW-32 Moved by Marshall, Seconded by Hughes It is recommended that the proposed amendments to By-law No. 2003-35, being a By- law Respecting Smoking in Workplaces in the Township of Oro-Medonte which read: "14. EXEMPTIONS The prohibitions as set out in this By-law shall not apply to any part of a workplace designated and defined as a "Home Occupation" by the Township of Oro-Medonte Zoning By-law." and which was deferred at the Council meeting as at April 16, 2003 re: exemptions be defeated. Carried. . Page 10 Committee of the Whole Meeting - April 23, 2003 " . Motion No. CW-33 Moved by Marshall, Seconded by Hughes It is recommended that By-law No. 2003-35, being a By-law Respecting Smoking in Workplaces in the Township of Oro-Medonte be amended to include the following: "14 EXEMPTIONS The prohibitions set out in section 3.0 of this By-law do not apply to: (a) A workplace located in a dwelling where the only employees of that workplace are persons who live in the dwelling." Carried. 8. PUBLIC WORKS: None. . 9. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report No. EES 2003-27, Keith Mathieson, Director of Engineering and Environmental Services, re: Certificate of Substantial Completion and Acceptance (Underground Works) for Martin Brook Subdivision. Motion No. CW-34 Moved by Bell, Seconded by Dickie It is recommended that Report No. EES 2003-27, Keith Mathieson, Director of Engineering and Environmental Services, re: Certificate of Substantial Completion and Acceptance (Underground Works) for Martin Brook Subdivision be received and adopted, that the Certificate of Substantial Completion and Acceptance (Underground Works) for the Martin Brook Subdivision be issued dated April 4, 2003 and that the Clerk prepares the appropriate By-law for Council's consideration. Carried. . Page 11 Committee of the Whole Meeting - April 23, 2003 b) Report No. EES 2003-28, Keith Mathieson, Director of Engineering and Environmental Services, re: Certificate of Substantial Completion and Acceptance (Underground Works) for Laurel View Homes (HV) Inc. . . Motion No. CW-35 Moved by Bell, Seconded by Dickie It is recommended that Report No. EES 2003-28, Keith Mathieson, Director of Engineering and Environmental Services, re: Certificate of Substantial Completion and Acceptance (Underground Works) for Laurel View Homes (HV) Inc. be received and adopted, that the Township of Oro-Medonte issues the Certificate of Substantial Completion and Acceptance (Underground Works) for Phase I of the Laurel View Homes (HV) Inc. subdivision dated April 1 0, 2003 and that the Clerk prepares the appropriate By-law for Council's consideration. Carried. 10. BUILDING, PLANNING AND DEVELOPMENT: a) Report No. PD 2003-10, Andy Karaiskakis, Junior Planner, re: Committee of Adjustment Decisions from April 10, 2003. Motion No. CW-36 . Moved by Dickie, Seconded by Bell It is recommended that Report No. PD 2003-10, Andy Karaiskakis, Junior Planner, re: Committee of Adjustment Decisions from April 1 0, 2003 be received. Carried. b) Report No. BD 2003-06, Ron Kolbe, Director of Building and Planning, re: Mr. Paul Pobega Kennel Application. Motion No. CW-37 Moved by Bell, Seconded by Dickie It is recommended that Report No. BD 2003-06, Ron Kolbe, Director of Building and Planning, re: Mr. Paul Pobega Kennel Application be received and adopted, that the applicant be notified of the conditional approval for a kennel license, that the applicant submits the required drawings and proposed operational proposal to the SPCA for approval when available and further that all fees are paid and ownership verified. . Carried. Page 12 Committee of the Whole Meeting - April 23, 2003 " . c) Report No. BD 2003-07, Ron Kolbe, Director of Building and Planning, re: Bill 124 Building Code Statute Law Amendment Act, 2001, Update #2. Motion No. CW-38 Moved by Dickie, Seconded by Hough It is recommended that Report No. BD 2003-07, Ron Kolbe, Director of Building and Planning, re: Bill 124 Building Code Statute Law Amendment Act, 2001, Update #2 be received and adopted, that the Minister of Municipal Affairs and Housing be advised that the Township of Oro-Medonte Council is supportive of the enactment of Bill 124, however, Council supports the concerns expressed by AMO, that MMAH Minister be advised to reconsider its decision to move forward with these regulations before all of the issues are resolved, and further that a copy of Report No. BD 2003-07 be forwarded to area MPP Garfield Dunlop, the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister's Parliamentary Assistant, Leaders of the Opposition, and the Association of Municipalities of Ontario. Carried. . Motion No. CW-39 Moved by Dickie, Seconded by Hough It is recommended that we suspend rule 2.6 of Procedural By-law 2002-138 in order to allow the meeting to proceed past the normal adjournment hour of 4:00 p.m. Carried. 11.IN-CAMERA: Motion No. CW-40 Moved by Dickie, Seconded by Fountain It is recommended that we do now go In-Camera at 3:55 p.m. to discuss Personnel and Property Matters. Carried. . Page 13 Committee of the Whole Meeting April 23, 2003 Motion No. CW-41 Moved by Marshall, Seconded by Hughes It is recommended that we do now Rise and Report from In-Camera at 4:35 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. CW-42 Moved by Dickie, Seconded by Hough It is recommended that Report No. ADM 2003-26, Jennifer Zieleniewski, CAO, re: Personnel Matter (Operator 1) be received and adopted. Carried. b) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. CW-43 Moved by Bell, Seconded by Dickie It is recommended that Report No. ADM 2003-27, Jennifer Zieleniewski, CAO, re: Personnel Matter (Records Management Co-ordinator) be received and adopted. Carried. c) Councillor Hough, re: Personnel Matter. Discussion. d) Councillor Hughes, re: Property Matter. Discussion. e) Mayor J. Neil Craig, re: Legal Matter (Buffalo Springs). Discussion. Page 14 Committee of the Whole Meeting - April 23, 2003 . . . . 12.ADJOURNMENT: . Motion No. CW-44 Moved by Dickie, Seconded by Hough It is recommended that we do now adjourn at 4:45 p.m. Carried. Ma . . Page 15 Committee of the Whole Meeting - April 23, 2003