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10 08 2003 COW Minutes . . . TOWNSHIP OF ORO-MEDONTE REGULAR COMMITTEE OF THE WHOLE MEETING MINUTES Wednesday, October 8, 2003 @ 9:10 a.m. Robinson Room ~ Present: Mayor J. Neil Craig Deputy Mayor Walter Dickie Councillor Ralph Hough Councillor Paul Marshall Councillor Harry Hughes Councillor Ruth Fountain Regrets: Councillor Don Bell Staff Present: Jennifer Zieleniewski, CAO; Marilyn Pennycook, Clerk; Nick McDonald, Meridian Planning Consultants Inc.; Joe Casey, Deputy Fire Chief; Jerry Ball, Public Works Superintendent; Keith Mathieson, Director of Engineering and Environmental Services; Paul Gravelle, Treasurer; Chris Carter, Recreation Co-ordinator; Ron Kolbe, Director of Building and Planning Also Present: Bryan & Andrea Davidson, Heather Black, Sharon Cook, Hugo Maltarp, Margaret & Julius Degen, Helen Stephenson, Bob & Norma Fournier, Don McGee, Ken Firth, Janet Kubbinga, Bruce Kubbinga, Carolyn Aldebert, Dyan Gundert, Wilf McMechan, Joyce James, Joyce Forster . 1. NOTICE OF ADDITIONS TO AGENDA: Motion No. CW-1 Moved by Marshall, Seconded by Fountain It is recommended that the following items be added to the agenda for consideration: 6. i) 7. h) i) . CORRESPONDENCE: Councillor Marshall, correspondence dated October 7, 2003 from John and Rosemary Dunsmore re: Proposed Shelter on the Railtrail at Concession 1. FINANCE, ADMINISTRATION AND FIRE: Report No. ADM 2003-043, Jennifer Zieleniewski, CAO, re: Council and Committee Meeting Cancellations and Christmas Shutdown. Report No. PR 2003-10, Chris Carter, Recreation Co-ordinator, re: Request for Equestrian Riding - The Oro-Medonte Lake Country Railtrail. Carried. "- 2. ADOPTION OF THE AGENDA: .. Motion No. CW-2 . Moved by Fountain, Seconded by Marshall It is recommended that the agenda for the Committee of the Whole meeting of Wednesday, October 8,2003 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None. 4. RECEIPT OF ACCOUNTS: a) Statement of Accounts for the month of September, 2003. Motion No. CW-3 Moved by Marshall, Seconded by Fountain . It is recommended that the Statement of Accounts for the month of September, 2003 totalling $4,976,534.82 be received. Carried. S. DEPUTATIONS: a) Ron Kanter, Representative of the West Oro Ratepayer's Association, re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18. Mr. Kanter withdrew as a deputation and submitted correspondence as an alternative. Motion No. CW-4 Moved by Fountain, Seconded by Marshall It is recommended that the correspondence from Mr. Ron Kanter, McDonald & Hayden LLP, dated October 7, 2003, re: UCCI Consolidated Companies Inc. Application No. P- . 115/01, OPA #18 be received. Carried. Page 2 Committee of the Whole Meeting - October 8, 2003 , . 6. CORRESPONDENCE: a) Midland Public Library Board, minutes of June 12, 2003 meeting. Motion No. CW-S Moved by Marshall, Seconded by Fountain It is recommended that the minutes for the Midland Public Library Board meeting as of June 12, 2003 be received. Carried. b) Gayle Wood, Chair, Lake Simcoe Environmental Management Strategy Steering Committee, correspondence dated July 8, 2003 re: Extension of the Lake Simcoe Water Quality Improvement Program. Motion No. CW-6 Moved by Fountain, Seconded by Marshall . It is recommended that the correspondence dated July 8,2003 from Gayle Wood, Chair, Lake Simcoe Environmental Management Strategy Steering Committee be received; that Council of the Township of Oro-Medonte support Lake Simcoe Region Conservation Authority in their request that the Province consider extending program funding until 2007 to coincide with the LSEMS Memorandum of Understanding; and further that the Premier be advised of the Township's support. Carried. c) Sharon Cook, correspondence dated September 30,2003 re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA#18. Motion No. CW-7 Moved by Marshall, Seconded by Fountain It is recommended that the correspondence dated September 30, 2003 from Sharon Cook, re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18 be received. . Carried. Page 3 Committee of the Whole Meeting - October 8, 2003 .... d) Don and Mary McGee, correspondence dated September 23, 2003 re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18. - . Motion No. CW-8 Moved by Fountain, Seconded by Marshall It is recommended that the correspondence dated September 23, 2003 from Don and Mary McGee, re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18 be received. Carried. e) Charlene and Mark Boucher, correspondence dated September 23, 2003 re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18. Motion No. CW-9 Moved by Marshall, Seconded by Fountain It is recommended that the correspondence dated September 23, 2003 from Charlene . and Mark Boucher, re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18 be received. Carried. f) Bruce and Janet Kubbinga, correspondence dated September 29,2003 re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18. Motion No. CW-10 Moved by Fountain, Seconded by Marshall It is recommended that the correspondence dated September 29, 2003 from Bruce and Janet Kubbinga, re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18 be received. Carried. . Page 4 Committee of the Whole Meeting - October 8, 2003 , . g) Ronald Kanter, McDonald & Hayden LLP, correspondence dated September 29, 2003 re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA #18. Motion No. CW-11 Moved by Marshall, Seconded by Fountain It is recommended that the correspondence dated September 29, 2003 from Ronald Kanter, McDonald & Hayden LLP, re: UCCI Consolidated Companies Inc. Application No. P-115/01, OPA#18 be received. Carried. h) Beverley Hubatsch, Treasurer, Oro-Medonte Community Policing Committee, correspondence dated September 23, 2003 re: Funding Request. Motion No. CW-12 Moved by Fountain, Seconded by Marshall . It is recommended that the correspondence dated September 23, 2003 from Beverley Hubatsch, Treasurer, Oro-Medonte Community Policing Committee, re: Funding Request be received; and further that Council consider the request of the Oro-Medonte Community Policing Committee at the time that the grant application forms are submitted. Carried. i) Councillor Marshall, correspondence dated October 7, 2003 from John and Rosemary Dunsmore re: Proposed Shelter on the Railtrail at Concession 1. Motion No. CW-13 Moved by Marshall, Seconded by Hughes It is recommended that the correspondence dated October 7, 2003 from John and Rosemary Dunsmore re: Proposed Shelter on the Railtrail at Con. 1 be received and referred to staff for a report. Carried. . Page 5 Committee of the Whole Meeting - October 8, 2003 7. FINANCE, ADMINISTRATION AND FIRE: , a) Report No. FD 2003-12, Paul Eenhoorn, Fire Chief, re: Monthly Report, August. . Motion No. CW-14 Moved by Marshall, Seconded by Fountain It is recommended that Report No. FD2003-12, Paul Eenhoorn, Fire Chief, re: Monthly Report, August be received. Carried. b) Report No. ADM 2003-041, Marilyn Pennycook, Clerk, re: Request for Exemption - Warminster Annual Remembrance Day Parade. Motion No. CW-1S Moved by Fountain, Seconded by Marshall It is recommended that Report No. ADM 2003-041, Marilyn Pennycook, Clerk, re: Request for Exemption - Warminster Annual Remembrance Day Parade be received and adopted; and further that an exemption to By-law No. 99-41 be granted to The . Royal Canadian Legion of Branch 619, Warminster to hold a Remembrance Day Parade on November 9, 2003 commencing at 1 :30 p.m. Carried. c) Report No. TR 2003-06, Paul Gravelle, Treasurer, re: Council Salaries. Motion No. CW-16 Moved by Marshall, Seconded by Fountain It is recommended that Report No. TR 2003-06, Paul Gravelle, Treasurer, re: Council Salaries be received and adopted; that a policy of applying the following annual escalation factor to Council salaries commencing January 1 S\ 2004 be adopted: the lesser of: - the annual rate of inflation being the increase in the Consumer Price Index (CPI) for the prior year - the cost of living adjustment stipulated for the current year in the collective agreement. Carried. . Page 6 Committee of the Whole Meeting - October 8, 2003 , \." e d) Report No. TR 2003-07, Paul Gravelle, Treasurer, re: Lease Financing Policy. Motion No. CW-17 Moved by Fountain, Seconded by Marshall It is recommended that Report No. TR 2003-07, Paul Gravelle, Treasurer, re: Lease Financing Policy be received and the lease financing policy appended to the report dated September 17, 2003 be adopted. Carried. e) Report No. PR 2003-09, Chris Carter, Recreation Co-ordinator, re: Grant Request for the Use of the Ball Diamonds at the Vasey Park for the "Feed A Friend" Charity Baseball Tournament. Motion No. CW-18 Moved by Marshall, Seconded by Fountain . It is recommended that Report No. PR 2003-09, Chris Carter, Recreation Co-ordinator, re: Grant Request for the Use of the Ball Diamonds at the Vasey Park for the "Feed A Friend" Charity Baseball Tournament be received and adopted; that Council grant a donation of $165.00 for the Feed A Friend Food Bank Baseball Tournament; that staff be authorized to request a Letter of Credit in the amount of $500.00; that the representatives sign the necessary rental waivers; that the user group be responsible to supply their own washrooms; and further that Ms. Leonard be advised of Council's decision accordingly. Carried. f) Councillor Hough, re: Update - Plan 626 Promenade. Verbal update by Jennifer Zieleniewski, CAO. g) Councillor Hughes, re: Property Matter (Cumming). Councillor Hughes requested that Item 7g) be moved to In-Camera as Item 11 h). . Page 7 Committee of the Whole Meeting - October 8, 2003 h) Report No. ADM 2003-043, Jennifer Zieleniewski, CAO, re: Council and Committee Meeting Cancellations and Christmas Shutdown. J Motion No. CW-19 . Moved by Hough, Seconded by Dickie It is recommended that Report No. ADM 2003-043, Jennifer Zieleniewski, CAO, re: Council and Committee Meeting Cancellations and Christmas Shutdown be received and adopted; that the holiday shutdown commence at 4:30 p.m. on Tuesday, December 23'd, 2003 to 8:30 a.m. Monday, January 5th, 2004; that the Administration Centre, Roads Yards and the Oro-Medonte Community Arena be posted accordingly; that the November 12th Committee of the Whole, December 3'd Council Meeting, December 24th Committee of the Whole and January th Council Meeting be cancelled; and that staff and the public be notified accordingly. Carried. i) Report No. PR 2003-10, Chris Carter, Recreation Co-ordinator, re: Request for Equestrian Riding - The Oro-Medonte Lake Country Railtrail. Motion No. CW-20 Moved by Dickie, Seconded by Hough It is recommended that Report No. PR 2003-10, Chris Carter, Recreation Co-ordinator, re: . Request for Equestrian Riding - The Oro-Medonte Lake Country Railtrail be received and adopted; that Equestrian riding not be permitted on the Oro-Medonte Lake Country Railtrail; that Ms. Sandi Birkland be encouraged to establish an Equestrian Riding Association; and further that Ms. Sandi Birkland be notified accordingly of Council's decision. Carried. 8. PUBLIC WORKS: a) Report No. PW 2003-10, Jerry Ball, Public Works Superintendent, re: Request for Speed Limit Reduction - Scarlett Line. Motion No. CW-21 Moved by Dickie, Seconded by Hough It is recommended that Report No. PW 2003-10, Jerry Ball, Public Works Superintendent, re: Request for Speed Limit Reduction - Scarlett Line be received and adopted; that the speed limit along Scarlett Line remain status quo at 80 km/h; and further that the Public Works Superintendent advise Patricia Duncan accordingly. Carried. 9. ENGINEERING & ENVIRONMENTAL SERVICES: . None. Page 8 Committee of the Whole Meeting - October 8,2003 10. BUILDING, PLANNING AND DEVELOPMENT: . a) Report to Oro-Medonte Council dated October 2,2003, Nick McDonald, Meridian Planning Consultants Inc., re: UCCI Application No. P-115/01, OPA#18. Motion No. CW-22 (Amendment) Moved by Hughes, Seconded by Marshall It is recommended that the motion with respect to OPA #18 be amended to read: "that the revised OPA #18 be amended to include: D6.1.1.4 f) construction of basements for residential units on the property be prohibited. D6.1.1.4 d) cap the size of the dwelling units to reflect the intended market for the dwelling units. . D6.1.1.2 last paragraph "Notwithstanding any other policy in this Plan, Council is under no obligation to consider further planning approvals if the conditions set out above have not been met to Council's satisfaction. Furthermore, it is a policy of this Plan that if it is determined that the development will have an unacceptable impact on adjacent land uses as a result of further study, no further planning approvals are to be given and Council will consider the un- designation of the lands." Carried. Motion No. CW-23 Moved by Dickie, Seconded by Hough It is recommended that the Report to Oro-Medonte Council dated October 2, 2003, Nick McDonald, Meridian Planning Consultants Inc., re: UCCI Application No. P-115/01, OPA #18 be received and adopted as revised and amended to read: "that the revised OPA #18 be amended to include: D6.1.1.4 f) construction of basements for residential units on the property be prohibited. D6.1.1.4 d) cap the size of the dwelling units to reflect the intended market for the dwelling units. . D6.1.1.2 last paragraph "Notwithstanding any other policy in this Plan, Council is under no obligation to consider further planning approvals if the conditions set out above have not been met to Council's satisfaction. Furthermore, it is a policy of this Plan that if it is determined that the development will have an unacceptable impact on adjacent land uses as a result of further study, no further planning approvals are to be given and Council will consider the un- designation of the lands.". Carried As Amended. Page 9 Committee of the Whole Meeting - October 8, 2003 b) Report to Oro-Medonte Council dated October 2, 2003, Nick McDonald, Meridian Planning Consultants Inc., re: Rezoning of Lands Zoned PR in Sugarbush. .. . Motion No. CW-24 Moved by Hough, Seconded by Dickie It is recommended that the Report to Oro-Medonte Council dated October 2, 2003, Nick McDonald, Meridian Planning Consultants Inc., re: Rezoning of Lands Zoned PR in Sugarbush be received and adopted; and further that Council authorize the holding of a public meeting under the Planning Act. Carried. c) Report No. PO 2003-17, Wesley Crown, Meridian Planning Consultants Inc., re: Ronald and Sandra Tansley, Application No. P-148/03, Concession 9, Lots 4 and 5 (Oro). Motion No. CW-25 Moved by Hough, Seconded by Dickie It is recommended that Report No. PD 2003-17, Wesley Crown, Meridian Planning Consultants Inc., re: Ronald and Sandra Tansley, Application No. P-148/03, Concession 9, Lots 4 and 5 (Oro) be received and adopted; that the Deeming Application P-148/03 be approved; and further that Council pass the necessary "Deeming" By-law pursuant to Section 50(4) of the Planning Act. . Carried. d) Report No. BD 2003-16, Ron Kolbe, Director of Building and Planning, re: Short Form Wording Under the Provincial Offences Act for Enforcement of Township of Oro-Medonte By-Law #2002-076, Part "A", Licensing, Regulating and Controlling Dogs. Motion No. CW-26 Moved by Dickie, Seconded by Hough It is recommended that Report No. BD 2003-16, Ron Kolbe, Director of Building and Planning, re: Short Form Wording Under the Provincial Offences Act for Enforcement of Township of Oro- Medonte By-Law #2002-076, Part "A", Licensing, Regulating and Controlling Dogs be received and adopted; that the set fines related to part "A" of By-law 2002-076, licensing, regulating and controlling dogs be set at $105.00; and further that the Clerk forward the necessary documentation to the Attorney General's office for approval. Carried. . Page 10 Committee of the Whole Meeting - October 8. 2003 11.IN-CAMERA: ,.j . Motion No. CW-27 Moved by Hough, Seconded by Dickie It is recommended that we do now go In-Camera at 11 :25 a.m. to discuss Personnel and Legal Matters. Carried. Motion No. CW-28 Moved by Dickie, Seconded by Hough It is recommended that we do now Rise and Report from In-Camera at 12:26 p.m. Carried. a) Jennifer Zieleniewski, re: Personnel Matter. Motion No. CW-29 . Moved by Hough, Seconded by Dickie It is recommended that Confidential Report ADM 2003-044, Jennifer Zieleniewski, CAO, re: Personnel Matter (Lucas) be received and adopted. Carried. b) Jennifer Zieleniewski, re: Personnel Matter. Motion No. CW-30 Moved by Dickie, Seconded by Hough It is recommended that Confidential Report ADM 2003-045, Jennifer Zieleniewski, CAO, re: Personnel Matter (Scanlon) be received and adopted. Carried. . Page 11 Committee of the Whole Meeting - October 8, 2003 c) Jennifer Zieleniewski, re: Personnel Matter. or Motion No. CW-31 . Moved by Hough, Seconded by Dickie It is recommended that Confidential Report ADM 2003-046, Jennifer Zieleniewski, CAO, re: Personnel Matter (Irwin) be received and adopted. Carried. d) Jennifer Zieleniewski, re: Personnel Matter. Motion No. CW-32 Moved by Hough, Seconded by Dickie It is recommended that the verbal information from Jennifer Zieleniewski, CAO, re: Personnel Matter (Worthington) be received. Carried. e) Jennifer Zieleniewski, re: Personnel Matter . Motion No. CW-33 Moved by Dickie, Seconded by Hough It is recommended that the correspondence dated July 31,2003, received on September 11, 2003, from L. Cameron be received and that Ms. Cameron be advised that Council is not in a position to reconsider its decisions. Carried. f) Jennifer Zieleniewski, re: Legal Matter. Motion No. CW-34 Moved by Dickie, Seconded by Hough It is recommended that the confidential correspondence dated September 30,2003 from Christopher Williams, Aird & Berlis LLP, re: EDC be received. . Carried. Page 12 Committee of the Whole Meeting - October 8. 2003 ,. . g) Jennifer Zieleniewski, re: Legal Matter. Motion No. CW-3S Moved by Hough, Seconded by Dickie It is recommended that the correspondence dated September 25, 2003 from Mr. Jack Pearce be received and referred to staff for a report. Carried. h) Councillor Hughes, re: Property Matter (Cumming). (Originally 7g) on agenda). Discussion. 12.ADJOURNMENT: Motion No. CW-36 Moved by Dickie, Seconded by Hough . It is recommended that we do now adjourn at 12:33 p.m. Carried. . Page 13 Committee of the Whole Meeting - October 8, 2003