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11 05 2003 Council Minutes . "t- ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES .e Wednesday, November 5, 2003 TIME: 7:10 p.m. SEVENTY NINTH MEETING - 2000-2003 COUNCIL 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; Chris Carter; Recreation Co-ordinator, Keith Mathieson, Director of Engineering and Environmental Services; Doug Irwin, Records Management Co-ordinator; Nick McDonald, Meridian Planning Consultants Inc. Also Present: John Waugh, Glen Stewart, John Ryckman, Steve Castellani, Barry Gardhouse, Oar Whyte, Mel Coutanche, Lillian McConnell, Bob & Marilyn Gregory, Paul Harris, Bev LeMay, Pat Bruno, John Gilbert, Peter White, Wilf McMechan, Vicky Shepherd, Judy Catania, Harold Regan, Renee Paris e 1. & 2. Mayor J. Neil Craig assumed the chair and called the meeting to order, followed by a moment of contemplation. 3. NOTICE OF ADDITIONS: Motion No. 1 Moved by Hough, Seconded by Bell Be it resolved that the following items be added to the agenda for consideration: e 9. DEPUTATIONS: e) John Gilbert, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Plan 626 Promenade. f) Harold Regan, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation re: Plan 626 Promenade. g) Renee Paris, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation re: Plan 626 Promenade. h) Peter White, Environment and Resources Manager, Aggregate Producers' Association of Ontario, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Haul Route By-Law, 2003-111. ..../2 Motion No.1 (Continued) 14. COMMUNICATIONS: m) Vicky Shepherd, correspondence dated October 15, 2003, re: Plan 626 Promenade. n) Steve & Julie Castellani, correspondence dated October 26,2003 re: Plan 626 Promenade. 0) Rick and Patti Donnelly (nee Bittner), correspondence dated November 4,2003 re: Plan 626 Promenade. p) Andrew Neale, correspondence dated November 4, 2003, re: Plan 626 Promenade. q) Diana Gerrard, correspondence dated November 5,2003, re: Plan 626 Promenade. r) Robert Sears, correspondence dated October 31,2003 re: Haul Route By-law, 2003-111. s) Ian Rowe, Burgar, Rowe LLP, correspondence dated November 3,2003 re: Haul Route By-law, 2003-111. t) Gary Bell, Vice President, Skelton Brumwell & Associates Inc., correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. u) Mardi McLaughlin, Manager, Pepper Haulage Ltd., correspondence dated November 3, 2003 re: Haul Route By-law 2003-111. v) Jonathan W. Kahn, Blake, Cassels & Graydon LLP, correspondence dated November 5, 2003 re: Haul Route By-law, 2003-111. w) Christopher McGuckin, Resource Manager, Lafarge North America, correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. Carried. 4. ADOPTION OF AGENDA: Motion No.2 Moved by Hough, Seconded by Dickie Be it resolved that the agenda for the Council meeting of Wednesday, November 5,2003 be received and adopted. Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT": Councillor Hughes declared a conflict of interest regarding 6a), Minutes of Council Meeting of October 15, 2003 due to a family member's ownership of property. Councillor Hughes left the room and did not participate in any discussion or vote on this item. Page 2 Council Meeting Minutes- November 5, 2003 ""t" ". e- e e 6. MINUTES OF PREVIOUS MEETINGS: -- a) Minutes of Council Meeting of October 15,2003 Councillor Hughes declared a conflict of interest regarding 6a), Minutes of Council Meeting of October 15, 2003 due to a family member's ownership of property. Councillor Hughes left the room and did not participate in any discussion or vote on this item. Motion No.3 Moved by Bell, Seconded by Hough Be it resolved that the minutes of the Council meeting held on October 15, 2003 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. e 8. PUBLIC MEETINGS: None. Motion No.4 Moved by Fountain, Seconded by Marshall Be it resolved that we do now go In-Camera at 7:20 p.m. to discuss a Legal matter. Carried. Motion No.5 Moved by Fountain, Seconded by Marshall Be it resolved that we do now Rise and Report from In-Camera at 7:30 p.m. e Carried. Refer to Item 14h). Page 3 Council Meeting Minutes- November 5, 2003 . 9. DEPUTATIONS: -- a) Diana Gerrard, re: Plan 626 Promenade. Withdrawn. b) Vicky Shepherd, re: Plan 626 Promenade. Ms. Shepherd distributed a written submission to Council. Motion No.6 Moved by Dickie, Seconded by Hough Be it resolved that the information presented and correspondence dated October 15, 2003 by Vicky Shepherd, re: Plan 626 Promenade be received. Carried. c) Bev Le May, re: Plan 626 Promenade. Motion No. 7 e Moved by Bell, Seconded by Hough Be it resolved that the information presented by Bev Le May, re: Plan 626 Promenade be received. Carried. d) Judy Catania, re: Plan 626 Promenade. Ms. Catania distributed a written submission to Council. Motion No.8 Moved by Hough, Seconded by Dickie Be it resolved that the information presented by Judy Catania, re: Plan 626 Promenade be received. Carried. e Page 4 Council Meeting Minutes- November 5, 2003 . e) John Gilbert, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Plan 626 Promenade. . Motion No.9 Moved by Dickie, Seconded by Bell Be it resolved that the request from John Gilbert to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Plan 626 Promenade be granted. Carried. Motion No.1 0 Moved by Dickie, Seconded by Bell Be it resolved that the information presented by John Gilbert re: Plan 626 Promenade be received. Carried. - f) Harold Regan, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation re: Plan 626 Promenade. Motion No. 11 Moved by Hough, Seconded by Dickie Be it resolved that the request from Harold Regan to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Plan 626 Promenade be granted. Carried. Mr. Regan distributed a written submission to Council. Motion No. 12 Moved by Bell, Seconded by Hough Be it resolved that the information presented by Harold Regan re: Plan 626 Promenade be received. Carried. -- Page 5 Council Meeting Minutes- November 5, 2003 g) Renee Paris, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation re: Plan 626 Promenade. .. Motion No. 13 . Moved by Dickie, Seconded by Bell Be it resolved that the request from Renee Paris to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Plan 626 Promenade be granted. Carried. Motion No. 14 Moved by Bell, Seconded by Dickie Be it resolved that the information presented by Renee Paris re: Plan 626 Promenade be received. Carried. h) Peter White, Environment and Resources Manager, Aggregate Producers' Association of Ontario, Request to Waive Procedural By-Law 2002-138 to Allow for a Deputation, re: Haul Route By-Law, 2003-111. Deputation request withdrawn. e 10. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Regional Airport Commission, minutes of September 18, 2003 meeting. b) Orillia Public Library Board, minutes of September 24,2003 meeting. c) Joyce Delong, correspondence dated October 15, 2003, re: letter of appreciation, Morningstar Corners. Motion No. 15 Moved by Hough, Seconded by Dickie Be it resolved that the items under the "Consent Agenda Correspondence", as listed below, be received: a) Lake Simcoe Regional Airport Commission, minutes of September 18, 2003 meeting. b) Orillia Public Library Board, minutes of September 24, 2003 meeting. c) Joyce Delong, correspondence dated October 15, 2003, re: letter of appreciation, Morningstar Corners. e Carried. Page 6 Council Meeting Minutes- November 5, 2003 -. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. ADM 2003-47, Jennifer Zieleniewski, CAO, Plan 626 Promenade. Motion No. 16 Moved by Hughes, Seconded by Fountain Be it resolved that Council defer the amendment to amendment to Resolution 13 of October 15, 2003. Defeated. Motion No. 17 (Amendment to Amendment to Resolution #13 of October 15, 2003 meeting e Moved by Dickie, Seconded by Hough Be it resolved that the amendment to Resolution 13 of October 15, 2003 be amended to add to Phase 1: . That the Township commence the process to stop up and close the appropriate sections of the Promenade, from Blackman to Myrtle, Simcoeside and Owen Road. . That the Township install emergency bollards (post) and that access agreements be entered with the abutting landowners for maintenance purposes. Carried. Recorded Vote Requested by Councillor Hughes e Councillor Hughes Councillor Marshall Councillor Bell Deputy Mayor Dickie Councillor Fountain Councillor Hough Mayor Craig Nay Yea Yea Yea Nay Yea Yea Page 7 Council Meeting Minutes- November 5, 2003 Motion No. 18 (Amendment to Resolution #13 of October 15, 2003 meeting) Moved by Fountain, Seconded by Hughes .- Be it resolved that Council amend the resolution as follows: 1. That the recommendations in phase 1 be amended as follows: . That the Township remove the debris i.e. barrels, leftover docking. . That the Township brush the identified areas of concern. . That the Township install appropriate signage i.e. POOP and SCOOP, Nature Walking Trail. . That the Promenade and shoreline remain natural with no placement of stones. . That the Township commence the process to stop up and close the appropriate sections of the Promenade, from Blackman to Myrtle, Simcoeside and Owen Road. . That the Township install emergency bollards (post) and that access agreements be entered with the abutting landowners for maintenance purposes. 2. That the recommendations in phase 2 be amended as follows . That Council consider during the 2004 budget deliberation the development at Blackman Boulevard as water access, with an accessibility ramp. - . That Council also consider during the 2004 budget deliberations, improvements to Simcoeside Park to encourage public usage. . That Council determine during the 2004 budget process the appropriate boundary delineation for the Promenade while considering public input while determining the maintenance budget of the Promenade. 3. That the recommendations in phase 3 be amended as follows . During the 2005 budget deliberations Council give consideration to developing a scenic lookout at Simcoeside and further that Council gives consideration to a swimming dock at Blackman. Carried. Recorded Vote Requested by Councillor Fountain Councillor Fountain Councillor Hough Councillor Hughes Councillor Marshall Councillor Bell Deputy Mayor Dickie Mayor Craig Yea Yea Yea Yea Yea Yea Yea e Page 8 Council Meeting Minutes- November 5, 2003 Motion No. 19 Moved by Dickie, Seconded by Bell -e Be it resolved that Report No. ADM 2003-47, Jennifer Zieleniewski, CAO, re: Plan 626 Promenade be received; that the correspondence dated September 16, 18, October 9 and 10, 2003 from Diana Gerrard; the correspondence dated August 22, 2003 from Frank Lawson; and the correspondence dated October 14, 2003 from Marley Greenglass, be received; and further 1. That the recommendations in phase 1 be amended as follows: . That the Township remove the debris i.e. barrels, leftover docking. . That the Township brush the identified areas of concern. . That the Township install appropriate signage i.e. POOP and SCOOP, Nature Walking Trail. . That the Promenade and shoreline remain natural with no placement of stones. . That the Township commence the process to stop up and close the appropriate sections of the Promenade, from Blackman to Myrtle, Simcoeside and Owen Road. e . That the Township install emergency bollards (post) and that access agreements be entered with the abutting landowners for maintenance purposes. 2. That the recommendations in phase 2 be amended as follows: . That Council consider during the 2004 budget deliberation the development at Blackman Boulevard as water access, with an accessibility ramp. . That Council also consider during the 2004 budget deliberations, improvements to Simcoeside Park to encourage public usage. . That Council determine during the 2004 budget process the appropriate boundary delineation for the Promenade while considering public input while determining the maintenance budget of the Promenade. 3. That the recommendations in phase 3 be amended as follows: . During the 2005 budget deliberations Council give consideration to developing a scenic lookout at Simcoeside and further that Council gives consideration to a swimming dock at Blackman. And Further that the Working Group be recognized for their contribution toward the project. e Carried As Amended. Page 9 Council Meeting Minutes- November 5. 2003 b) Report No. PD 2003-18, Andy Karaiskakis, Junior Planner, re: Committee of a._ Adjustment Decisions from October 16, 2003. ., Motion No. 20 Moved by Dickie, Seconded by Bell Be it resolved that Report No. PD 2003-18, Andy Karaiskakis, Junior Planner, re: Committee of Adjustment Decisions from October 16, 2003 be received. Carried. c) Report No. PD 2003-19, Andy Karaiskakis, Junior Planner re: Committee of Adjustment Special Meeting Decisions from October 29,2003. Motion No. 21 Moved by Bell, Seconded by Dickie Be it resolved that Report No. PD 2003-19, Andy Karaiskakis, Junior Planner re: Committee of Adjustment Special Meeting Decisions from October 29,2003 be received. e Carried. d) Report No. FD 2003-13, Paul Eenhoorn, Fire Chief, re: Monthly Fire Report for September, 2003. Motion No. 22 Moved by Hough, Seconded by Dickie Be it resolved that Report No. FD 2003-13, Paul Eenhoorn, Fire Chief, re: Monthly Fire Report for September, 2003 be received. Carried. e Page 10 Council Meeting Minutes- November 5, 2003 e) Paul Gravelle, Treasurer, Memorandum dated October 20, 2003, re: Support of AMTCO Resolution. -e Motion No. 23 Moved by Bell, Seconded by Hough Be it resolved that the memorandum dated October 20,2003 from Paul Gravelle, Treasurer, re: Support of AMTCO Resolution be received; that the Township of Oro-Medonte support the resolution of The Association of Municipal Tax Collectors of Ontario that the Province be requested to amend the Assessment Act to allow MPAC the legislative authority to issue a "Supplementary" or "Omitted" assessment to reflect any assessment change as a result of the registration of a plan of subdivision; that this authority to issue a "Supplementary" or "Omitted" assessment be effective retroactive to the date of registration of the plan of subdivision during the two years prior to the passage of the legislation; and further that MPAC be required to assess and apportion all development properties in a specified timeline in order to better serve the municipalities and their customers, the property owners. Carried. e f) Jennifer Zieleniewski, CAO, re: Rescind Request to Waive Requirements of Zoning By-Law 97-25 (21 Alpine Way) Lot 178, 51M-456 [October 15, 2003 Council Resolution #15]. Motion No. 24 Moved by Bell, Seconded by Dickie Be it resolved that Resolution No. #15 from the October 15, 2003 Council Meeting which read, "Be it resolved that Report No. ADM 2003-48, Jennifer Zieleniewski, CAO re: Request to Waive Requirements of Zoning By-Law 97-95 (21 Alpine Way) be received and adopted; that Council waive the requirements of the Township Zoning By-Law; that Mr. Reid rectify the deficiencies outlined by RG Robinson dated October 14, 2003; and further that Mr. Reid be advised of Council's decision." be rescinded. e Carried. Page 11 Council Meeting Minutes- November 5, 2003 g) Report No. ADM 2003-49, Jennifer Zieleniewski, CAO, Marilyn Pennycook, a. Clerk, re: Structure and Composition of Committees of Council. .- Motion No. 25 Moved by Hough, Seconded by Dickie Be it resolved that Report No. ADM 2003-49, Jennifer Zieleniewski, CAO, Marilyn Pennycook, Clerk, re: Structure and Composition of Committees of Council be received and adopted; that By-law 2002-138, Procedural By-law, be amended to reflect the legislative requirement with respect to the composition of committees of Council as stated in The Municipal Act, S.O. 2001, c.25.; that the Site Plan Control Committee be renamed the Site Plan Control Technical Support Group; that the Recreation Advisory Committee be renamed the Recreation Technical Support Group and the relevant by-law repealed; that the Trail Advisory Committee be dissolved and the relevant by-law repealed; that the Oro-Medonte History Committee be requested to change its name to denote that it is not a committee of Council as legislated by The Municipal Act, S.O. 2001, c.25.; that the composition and length of term of committees/technical support groups/outside organizations as recommended in Attachments 1 and 2 to Report ADM 2003-049 be adopted; and further that the necessary by-laws to reflect these changes be brought forward for Council's consideration. e Carried. h) Report No. BD 2003-19, Kim Allen, Manager of Building Services, re: Administration Building Roof Repair. Motion No. 26 Moved by Hough, Seconded by Bell Be it resolved that Report No. BD 2003-19, Kim Allen, Manager of Building Services, re: Administration Building Roof Repair be received and adopted; that Brentwood Roofing be awarded the roof repair contract; and further that Brentwood Roofing be notified that the work must be started within two weeks. Carried. e Page 12 Council Meeting Minutes- November 5, 2003 i) Report No. EES 2003-56, Keith Mathieson, Director of Engineering and Environmental Services, re: Quotes for Stand-By Power for Municipal Water Treatment Plants. e Motion No. 27 Moved by Hough, Seconded by Dickie Be it resolved that Report No. EES 2003-56, Keith Mathieson, Director of Engineering and Environmental Services, re: Quotes for Stand-By Power for Municipal Water Treatment Plants be received and adopted; that Mazur Electrical & Mechanical Contracting Ltd. be awarded the contract to install stand- by power generation systems at Canterbury, Cedarbrook, Maplewood, Medonte Hills, Craighurst and Shanty Bay municipal water systems, as well as Lake Simcoe Regional Airport, in the amount of $201,519.00 (including taxes); that Mazur Electrical & Mechanical Contracting Ltd. be awarded the contract to install security fencing in the amount of $2,500.00, per site, (including taxes); that the cost of $45,743.12 (taxes included), to install a stand-by power unit and security fencing for the Shanty Bay Water System, be paid over and above the OSTAR funding from the Shanty Bay Water System Reserve Fund; and further that the contractors be notified of Council's decision. Carried. e j) Report No. EES 2003-57, Keith Mathieson, Director of Engineering and Environmental Services, re: Heidi's RV. Sales - Site Plan Agreement - Part of the West % of Lot 20, Concession 11 (Formerly Oro), Being Part 1,51 R- 30235, Being all of PIN #58547-0129 (Lt), County of Simcoe. Motion No. 28 Moved by Dickie, Seconded by Bell Be it resolved that Report No. EES 2003-57, Keith Mathieson, Director of Engineering and Environmental Services, re: Heidi's RV. Sales - Site Plan Agreement - Part of the West % of Lot 20, Concession 11 (Formerly Oro), Being Part 1, 51 R-30235, Being all of PIN #58547-0129 (Lt), County of Simcoe be received and adopted; that the Township of Oro-Medonte enter into a Site Plan Agreement with Heidi's RV. Sales to construct a five-bay garage for trailer repairs; that a By-law be prepared for Council's consideration; and further that Mr. Buechin be notified of Council's decision. Carried. e Page 13 Council Meeting Minutes- November 5, 2003 k) Report No. EES 2003-59, Keith Mathieson, Director of Engineering and . Environmental Services, re: Double R Performance - Site Plan Agreement - Pt. Lot 20, Concession 9, Being all of PIN # 58547-0045 (Lt) - Township of Oro-Medonte. Motion No. 29 Moved by Hough, Seconded by Bell Be it resolved that Report No. EES 2003-59, Keith Mathieson, Director of Engineering and Environmental Services, re: Double R Performance - Site Plan Agreement - pt. Lot 20, Concession 9, Being all of PIN # 58547-0045 (Lt) - Township of Oro-Medonte be received and adopted; that the Township of Oro- Medonte enter into a Site Plan Agreement with Double R Performance to construct an 80' by 125' building for boat storage, being pt. Lot 20, Concession 9, being all of PIN #58547-0045 (Lt), Township of Oro-Medonte, that a By-Law be prepared for Council's consideration; and further that Mr. and Mrs. Roberts be notified of Council's decision. Carried. - I) Report No. EES 2003-58, Keith Mathieson, Director of Engineering and Environmental Services re: Township of Oro-Medonte Assumption of Communal Septic System - Country Club Lane, Horseshoe Valley. Motion No. 30 Moved by Bell, Seconded by Hough Be it resolved that Report No. EES 2003-58, Keith Mathieson, Director of Engineering and Environmental Services re: Township of Oro-Medonte Assumption of Communal Septic System - Country Club Lane, Horseshoe Valley be received and adopted; and further that a By-law be prepared to assume the sanitary sewers and tile bed located on Country Club Lane, as well as on Parts 1,2,3,4 and 5 on Plan 51 R-29669. Carried. e Page 14 Council Meeting Minutes- November 5, 2003 -e m) Wes Crown, Meridian Planning Consultants Inc., Memorandum to Oro- Medonte Council dated October 27, 2003 re: Susan Hollingshead - Garden Suite By-Law and Agreement. Motion No. 31 Moved by Dickie, Seconded by Hough Be it resolved that the memorandum to Oro-Medonte Council dated October 27, 2003 from Wes Crown, Meridian Planning Consultants Inc., re: Susan Hollingshead - Garden Suite By-Law and Agreement be received and adopted; that Council approve the transfer and assignment of the Agreement dated May 3, 2002 (Instrument No. 01436958) to Montgomery and Tracy Childs respecting a Garden Suite Unit and all its rights and obligations; that a new agreement, with respect to the garden suite at Part of the West Half of Lot 2, Concession 8, be entered into by the new owners; and further that the appropriate by-law be brought forward for Council's consideration. Carried. e n) Jennifer Zieleniewski, CAO, re: Joint Emergency Preparedness Program (JEPP) Application for Project Funding 2004/2005. Motion No. 32 Moved by Hough, Seconded by Bell Be it resolved that the correspondence from Jennifer Zieleniewski, CAO, re: Joint Emergency Preparedness Program (JEPP) Application for Project Funding 2004/2005 be received; that Council support the Joint Emergency Preparedness Program (JEPP) application in principle; and further that the application be referred to the 2004 budget deliberations. Carried. e Page 15 Council Meeting Minutes- November 5. 2003 0) Report No. 2003-09, Jerry Ball, Public Works Superintendent, re: Boundary A._ Road (County Road #93) between City of Barrie and the Township of Oro- . Medonte. Motion No. 33 Moved by Hough, Seconded by Dickie Be it resolved that Report No. 2003-09, Jerry Ball, Public Works Superintendent, re: Boundary Road (County Road #93) between City of Barrie and the Township of Oro-Medonte be received and adopted; that the boundary line remain status quo down the centre line; that the County of Simcoe transfers Parts 2 and 4 on the draft Reference Plan, formerly known as County Road #93 (old Hwy. #11) between Lot 4 and Lot 6, to the City of Barrie; that the City of Barrie assumes all associated survey and legal costs, and be responsible for all maintenance and future capital costs relating to the road allowance known as County Road #93 (old Hwy. # 11) between Lot 4 and Lot 6; that the Treasurer invoices the City of Barrie for incurred costs in the amount of $8,345.96, for the Township's portion of the total invoice paid to Raikes Surveying Ltd.; and further that the Public Works Superintendent notifies the County of Simcoe and the City of Barrie accordingly. Carried. e 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, October 22, 2003. Motion No. 34 Moved by Bell, Seconded by Dickie Be it resolved that the minutes of the Committee of the Whole meeting held on October 22, 2003 be adopted as printed and circulated. Carried. e Page 16 Council Meeting Minutes- November 5, 2003 .e 14. COMMUNICATIONS: a) Ontario's Lake Country for all Seasons, correspondence dated October 23, 2003 re: Fall Gala, Tuesday, November 25,2003 at Horseshoe Valley Resort. Motion No. 35 Moved by Hough, Seconded by Bell Be it resolved that the correspondence dated October 23, 2003 from Ontario's Lake Country for all Seasons, re: Fall Gala, Tuesday, November 25,2003 at Horseshoe Valley Resort be received and Mayor J. Neil Craig and Councillor Hughes be authorized to attend. Carried. b) Darlene Whyte, correspondence dated October 23, 2003 re: Assignment of Green Numbers. e Motion No. 36 Moved by Dickie, Seconded by Bell Be it resolved that the correspondence dated October 23, 2003 from Darlene Whyte, re: Assignment of Green Numbers be received and referred to staff for a response under the Mayor's signature. Carried. Motion No. 37 Moved by Fountain, Seconded by Dickie Be it resolved that Rule 2.6 of Procedural By-law 2003-138 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 11 :00 p.m. Carried. e Page 17 Council Meeting Minutes- November 5, 2003 c) April Kummer, correspondence dated October 3,2003 re: Allen Street Light Request. Motion No. 38 e- Moved by Hough, Seconded by Dickie Be it resolved that the correspondence dated October 3,2003 from April Kummer, re: Allen Street Light Request be received and referred to the 2004 budget deliberations. Carried. d) Nancy Haans, Development Coordinator, The Lung Association, correspondence dated October 15, 2003 re: Proclamation Request, Lung Awareness Month, December, 2003. Motion No. 39 Moved by Dickie, Seconded by Hough Be it resolved that the correspondence dated October 15, 2003 from Nancy Haans, Development Coordinator, The Lung Association, re: Proclamation Request, be received; that the Township of Oro-Medonte proclaim the month of December as "Lung Awareness Month"; and further that the Proclamation be declared on the Township's website. e Carried. e) Ron Cuthbert, President, Barrillia Park Ratepayer's Association, correspondence dated October 20,2003 re: Thank You for Restoration of Tennis Court and Basketball Court Request. Motion No. 40 Moved by Hough, Seconded by Dickie Be it resolved that the correspondence dated October 20,2003 from Ron Cuthbert, President, Barrillia Park Ratepayer's Association, re: Thank You for Restoration of Tennis Court and Basketball Court Request be received and referred to the 2004 budget deliberations. Carried. e Page 18 Council Meeting Minutes- November 5, 2003 -e f) Sang-Mok Nam, correspondence dated October 12,2003, re: Four Way Stop Sign for County Road 20 and 2nd Concession in Oro-Medonte. Motion No. 41 Moved by Hough, Seconded by Dickie Be it resolved that the correspondence dated October 12, 2003 from Sang-Mok Nam, re: Four Way Stop Sign for County Road 20 and 2nd Concession in Oro- Medonte be received. Carried. g) Dwight Evans, correspondence dated October 27,2003 re: Part Lot 11 & 12, Concession 13. Motion No. 42 Moved by Marshall, Seconded by Hughes e Be it resolved that the correspondence dated October 27, 2003 from Dwight Evans, re: Part Lot 11 & 12, Concession 13 be received and referred to staff for a response. Carried. h) Ian Rowe, Burgar, Rowe LLP, correspondence dated October 28,2003 re: Hillway Equipment Gravel Pit, Proposed Haul Route By-Law. Motion No. 43 Moved by Hughes, Seconded by Marshall Be it resolved that the correspondence dated October 28,2003 from Ian Rowe, Burgar, Rowe LLP, re: Hillway Equipment Gravel Pit, Proposed Haul Route By- Law be received and referred to the Township's solicitor for a response. Carried. e Page 19 Council Meeting Minutes- November 5, 2003 i) Marley Greenglass, correspondence dated October 20, 2003 re: Plan 626 Promenade. Motion No. 44 e- Moved by Hughes, Seconded by Marshall Be it resolved that the correspondence dated October 20, 2003 from Marley Greenglass, re: Plan 626 Promenade be received. Carried. j) Edith Pallister, correspondence dated October 22,2003 re: Plan 626 Promenade. Motion No. 45 Moved by Marshall, Seconded by Hughes Be it resolved that the correspondence dated October 22, 2003 from Edith Pallister, re: Plan 626 Promenade be received. Carried. k) Edward Pallister, correspondence dated October 23,2003 re: Plan 626 Promenade. e Motion No. 46 Moved by Hughes, Seconded by Marshall Be it resolved that the correspondence dated October 23, 2003 from Edward Pallister, re: Plan 626 Promenade be received. Carried. I) Colleen & Elio Laraia (nee Bittner); Nick Bittner, correspondence dated October 29, 2003 re: Plan 626 Promenade. Motion No. 47 Moved by Marshall, Seconded by Hughes Be it resolved that the correspondence dated October 29, 2003 from Colleen & Elio Laraia (nee Bittner); Nick Bittner, re: Plan 626 Promenade be received. e Carried. Page 20 Council Meeting Minutes- November 5, 2003 -e m) Vicky Shepherd, correspondence dated October 15, 2003, re: Plan 626 Promenade. Refer to Motion No.6. n) Steve & Julie Castellani, correspondence dated October 26,2003 re: Plan 626 Promenade. Motion No. 48 Moved by Hughes, Seconded by Marshall Be it resolved that the correspondence dated October 26, 2003 from Steve & Julie Castellani, re: Plan 626 Promenade be received. Carried. 0) Rick and Patti Donnelly (nee Bittner), correspondence dated November 4, 2003 re: Plan 626 Promenade. e Motion No. 49 Moved by Marshall, Seconded by Hughes Be it resolved that the correspondence dated November 4, 2003 from Rick and Patti Donnelly (nee Bittner), re: Plan 626 Promenade be received. Carried. p) Andrew Neale, correspondence dated November 4, 2003, re: Plan 626 Promenade. Motion No. 50 Moved by Hughes, Seconded by Marshall Be it resolved that the correspondence dated November 4, 2003 from Andrew Neale, re: Plan 626 Promenade be received. e Carried. Page 21 Council Meeting Minutes- November 5, 2003 q) Diana Gerrard, correspondence dated November 5, 2003, re: Plan 626 Promenade. Motion No. 51 e- Moved by Hughes, Seconded by Fountain Be it resolved that the correspondence dated November 5,2003 from Diana Gerrard, re: Plan 626 Promenade be received. Carried. r) Robert Sears, correspondence dated October 31,2003 re: Haul Route By-law, 2003-111. Motion No. 52 Moved by Marshall, Seconded by Fountain Be it resolved that the correspondence dated October 31,2003 from Robert Sears, re: Haul Route By-law, 2003-111 be received. Carried. s) Ian Rowe, Burgar, Rowe LLP, correspondence dated November 3,2003 re: Haul Route By-law, 2003-111. - Motion No. 53 Moved by Fountain, Seconded by Marshall Be it resolved that the correspondence dated November 3, 2003 from Ian Rowe, Burgar Rowe LLP, re: Haul Route By-law, 2003-111 be received. Carried. t) Gary Bell, Vice President, Skelton Brumwell & Associates Inc., correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. Motion No. 54 Moved by Fountain, Seconded by Hughes Be it resolved that the correspondence dated November 5,2003 from Gary Bell, Vice President, Skelton Brumwell & Associates Inc., re: Haul Route By-law, 2003-111 be _ received. Carried. Page 22 Council Meeting Minutes- November 5, 2003 .e u) Mardi McLaughlin, Manager, Pepper Haulage Ltd., correspondence dated November 3,2003 re: Haul Route By-law 2003-111. Motion No. 55 Moved by Marshall, Seconded by Fountain Be it resolved that the correspondence dated November 3,2003 from Mardi McLaughlin, Manager, Pepper Haulage Ltd., re: Haul Route By-law 2003-111 be received. Carried. v) Jonathan W. Kahn, Blake, Cassels & Graydon LLP, correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. Motion No. 56 Moved by Fountain, Seconded by Marshall e Be it resolved that the correspondence dated November 5, 2003 from Jonathan W. Kahn, Blake, Cassels & Graydon LLP, re: Haul Route By-law, 2003-111 be received. Carried. w) Christopher McGuckin, Resource Manager, Lafarge North America, correspondence dated November 5,2003 re: Haul Route By-law, 2003-111. Motion No. 57 Moved by Fountain, Seconded by Hughes Be it resolved that the correspondence dated November 5, 2003 from Christopher McGuckin, Resource Manager, Lafarge North America, re: Haul Route By-law, 2003-111 be received. Carried. e Page 23 Council Meeting Minutes- November 5. 2003 15. IN-CAMERA: Motion No. 58 e- Moved by Marshall, Seconded by Fountain Be it resolved that we do now go In-Camera at 11 :20 p.m. to discuss a Legal and Personnel matter. Carried. Motion No. 59 Moved by Fountain, Seconded by Marshall Be it resolved that we do now Rise and Report from In-Camera at 11 :40 p.m. Carried. a) Jennifer Zieleniewski, CAO, re: Legal Matter [deferred from October 22, 2003 meeting]. Motion No. 60 - Moved by Hughes, Seconded by Fountain Be it resolved that Confidential Report No. ADM 2003-051, Jennifer Zieleniewski, CAO, re: Legal Matter (Update) be received. Carried. b) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. 61 Moved by Marshall, Seconded by Fountain Be it resolved that Confidential Report No. ADM 2003-050, Jennifer Zieleniewski, CAO, re: Personnel Matter (Ball) be received. Carried. - Page 24 Council Meeting Minutes- November 5, 2003 16. BY-LAWS: a) By-law No. 2003-109 Being a By-Law to Authorize the Execution of a Road Improvement Agreement (Line 1 North) between The Corporation of the Township of Oro-Medonte, and FSP Holdings Incorporated (Settler's Ghost Golf Course). .e Motion No. 62 Moved by Fountain, Seconded by Marshall Be it resolved that a by-law to authorize the Execution of a Road Improvement Agreement (Line 1 North) between The Corporation of the Township of Oro- Medonte, and FSP Holdings Incorporated (Settler's Ghost Golf Course) be introduced and read a first and second time and numbered By-law No. 2003-109. Carried. That By-law No. 2003-109 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e b) By-law No. 2003-110 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Heidi's RV. Sales described as lands as follows: Part of the West % of Lot 20, Concession 11 (Formerly Oro) Being Part 1, 51 R- 30235, Being all of Pin# 58547-0129(Lt) Township of Oro-Medonte. Motion No. 63 Moved by Fountain, Seconded by Hughes 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 Heidi's RV. Sales described as lands as follows: Part of the West % of Lot 20, Concession 11 (Formerly Oro) Being Part 1, 51R-30235, Being all of Pin# 58547-0129(Lt) Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2003-110. Carried. e That By-law No. 2003-110 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 25 Council Meeting Minutes- November 5. 2003 c) By-law No. 2003-111 Being a By-Law to Regulate the Use of Roads in the .._ Township by Trucks Designed to Carry Aggregate. ., Motion No. 64 Moved by Marshall, Seconded by Fountain Be it resolved that a by-law to Regulate the Use of Roads in the Township by Trucks Designed to Carry Aggregate be introduced and read a first and second time and numbered By-law No. 2003-111. Defeated. By-law No. 2003-111 was not given third reading. d) By-Law No. 2003-112 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Double R Performance described as lands as follows: Part Lot 20, Concession 9, Being all of PIN#58547-0045(Lt) Township of Oro-Medonte. e Motion No. 65 Moved by Fountain, Seconded by Marshall 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 Double R Performance described as lands as follows: Part Lot 20, Concession 9, Being all of PIN#58547-0045(Lt) Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2003-112. Carried. That By-law No. 2003-112 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e Page 26 Council Meeting Minutes- November 5, 2003 .e e) By-Law No. 2003-113 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Ukcan Investments Inc. and to repeal By-law No. 2003-106 described as lands as follows: Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan 51R-31319, Together with an Easement over Parts 6 and 7, Plan 51R-31319 Being all of PIN #58546-0074 Township of Oro-Medonte. Motion No. 66 Moved by Hughes, Seconded by Fountain 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 Ukcan Investments Inc. and to repeal By-law No. 2003-106 described as lands as follows: Part Lot 19, Concession 7, Parts 3 and 4, Registered Plan 51R-31319, Together with an Easement over Parts 6 and 7, Plan 51R-31319 Being all of PIN #58546-0074 Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No. 2003-113. Carried. e That By-law No. 2003-113 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. f) By-Law No. 2003-114 Being a By-law to Amend By-law No. 2003-102, being a By-law to deem certain lands within Registered Plan 461, not to be a registered plan of subdivision for the purposes of subsection (3) of Section 50 of the Planning Act. Motion No. 67 Moved by Marshall, Seconded by Fountain Be it resolved that a by-law to Amend By-law No. 2003-102, being a By-law to deem certain lands within Registered Plan 461, not to be a registered plan of subdivision for the purposes of subsection (3) of Section 50 of the Planning Act be introduced and read a first and second time and numbered By-law No. 2003-114. Carried. e That By-law No. 2003-114 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 27 Council Meeting Minutes- November 5, 2003 g) By-Law No. 2003-115 Being a By-law to Assume Certain Communal Septic Systems (Country Club Lane, Horseshoe Valley). e - Motion No. 68 Moved by Fountain, Seconded by Marshall Be it resolved that a by-law to Assume Certain Communal Septic Systems (Country Club Lane, Horseshoe Valley) be introduced and read a first and second time and numbered By-law No. 2003-115. Carried. That By-law No. 2003-115 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 17.CONFIRMATION BY-LAW NO. 2003-108 Motion No. 69 e Moved by Fountain, Seconded by Marshall Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, November 5,2003 be introduced and read a first and second time and numbered By-law No. 2003-108. Carried. That By-law No. 2003-108 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 18. QUESTIONS AND ANNOUNCEMENTS e Page 28 Council Meeting Minutes- November 5, 2003 19. ADJOURNMENT: Motion No. 70 ,e Moved by Marshall, Seconded by Fountain Be it resolved that we do now adjourn at 11 :45 p.m. Carried. ~~~ Ma . r, J. Neil Craig e e Page 29 Council Meeting Minutes- November 5, 2003 - - II