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12 18 2002 Council Minutes l'''''~ 'J."" ''1 . ." . ') . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES VVednesday,Decernber18,2002 TIME: 7:10 p.m. FIFTY-SIXTH 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, CAD; Marilyn Pennycook, Clerk; Andria Leigh, Senior Planner Also Present: John Waugh (Lite FM) 1. & 2. Mayor J. Neil Craig assumed the chair and called the meeting to order, followed by a moment of reflection. 3. ADOPTION OF AGENDA: Motion No. 1 Moved by Hough, Seconded by Dickie Be it resolved that the agenda for the Council Meeting dated Wednesday, December 18, 2002 be adopted as printed and circulated with the following additions: 9. REPORTS OF MUNICIPAL OFFICERS: d) Update on Indian Park, requested by Councillor Paul Marshall 10. COMMUNICATIONS: c) Dennis Barkley, correspondence re: waiving conditions for Warminster Santa Claus Parade, December 22,2002 14. BY-LAWS: k) By-law No. 2002-140 Being a by-law to authorize the execution of an Agreement between the Township of Oro-Medonte and The Simcoe County District Health Unit. Being a by-law to appoint By-law Inspectors ("Public Places By-law"). I) By-law No. 2002-141 '.... " , Motion No.1 (.. .con't) m) By-law No. 2002-143 Being a by-law to authorize the entering into of an Agreement with The Ontario Federation of Snowmobile Clubs. . 15. IN-CAMERA: a) Jennifer Zieleniewski, CAD, report re Personnel (Receptionist) matter. b) Jennifer Zieleniewski, CAD, re: Legal Issue (Education Development Charges). c) Jennifer Zieleniewski, CAO, re: Legal Issue (Rotstein). - \... Carried. 4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" a) Councillor Hughes declared a pecuniary interest with respect to Item 11 a) - Committee of the Whole minutes, December 11, 2002 - Motion No. CW-16 reo Pod's Lane as his son lives in close proximity to the subject property. Councillor Hughes left the room and did not participate in any discussion or vote in this regard. b) Mayor Craig declared a pecuniary interest with respect to Item 11 a) - Committee of the Whole minutes, December 11,2002 - Motion No. CW- 23, Application No. B-39/02, Concession 2, Lot 44 and 43, as the property is owned by his wife and himself. Mayor Craig left the room and did not participate in any discussion or vote with respect to this item. . 5. RECOGNITION OF ACHIEVEMENTS: None. 6. MINUTES OF PREVIOUS MEETING: a) Minutes of the Council Meeting held Wednesday, December 4,2002. Motion No.2 Moved by Bell, Seconded by Hough Be it resolved that the minutes of the Council meeting held Wednesday, December 4,2002 be adopted as printed and circulated. . Carried. 2 '! . . . - . b) Minutes of the Special Council Meeting held Wednesday, December 4,2002. Motion No.3 Moved by Bell, Seconded by Dickie Be it resolved that minutes of the Special Council Meeting held Wednesday, December 4, 2002 be adopted as printed and circulated. Carried. c) Minutes of the Special Council Meeting held Wednesday, December 11, 2002. Motion No.4 Moved by Hough, Seconded by Dickie Be it resolved that minutes of the Special Council Meeting held Wednesday, December 11, 2002 be adopted as printed and circulated. Carried. 7. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Region Conservation Authority, minutes of meeting held November 22,2002. Motion No.5 Moved by Bell, Seconded by Hough Be it resolved that the items under the "Consent Agenda Correspondence" as listed below be received: a) Lake Simcoe Region Conservation Authority, minutes of meeting held November 22, 2002. Carried. 8. DEPUTATIONS: None. 3 ~ . ,. 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. PD2002-40, Andria Leigh, Senior Planner, re: Committee of Adjustment Decisions, December 12, 2002. . Motion No.6 Moved by Marshall, Seconded by Hughes Be it resolved that Report No. PD2002-40 by Andria Leigh, Senior Planner, re: Committee of Adjustment Decisions, December 12, 2002 be received. Carried. b) Report No. PR2002-15, Chris Carter, Parks & Recreation, re: Requestto waive the Rental Fees for the use of the Ball Diamonds and Banquet Hall at the Oro-Medonte Community Arena for the Bell Canada Charity Sno-Pitch Tournament. Motion No.7 (AMENDMENT) Moved by Dickie, Seconded by Fountain . Be it resolved that Report No. PR2002-15 be amended "that the fee be waived for the use of the Ball Diamonds only." Carried. Motion No.8 (As Amended) Moved by Bell, Seconded by Hough Be it resolved that Report No. PR2002-15 by Chris Carter, Parks & Recreation, re: Request to waive the Rental Fees for the use of the Ball Diamonds and Banquet Hall at the Oro-Medonte Community Arena for the Bell Canada Charity .. Sno-Pitch Tournament be received and adopted and that the "rental fee" be waived for the use of the Ball Diamonds only for Bell Canada Charity Sno-Pitch Tournament, and further that Ms. Margaret Cadeau be advised of Council's decision accordingly. Carried as Amended. . 4 c) Marilyn Pennycook presentation, re: Changes to Draft Procedural By-Law. . Motion No.9 Moved by Dickie, Seconded by Hough Be it resolved that the presentation by Marilyn Pennycook re: amendments to the Draft Procedural By-Law be received and that the amended by-law be brought forward for Council consideration. Carried. d) Update by Jennifer Zieleniewski, CAD, on Indian Park Severance as requested by Councillor Marshall. Discussion. 10. COMMUNICATIONS: a) Township of Severn, correspondence re: Educational Development Charges Appeal. Motion No. 10 . Moved by Bell, Seconded by Dickie Be it resolved that the correspondence dated December 6,2002 from the Township of Severn re: Educational Development Charges Appeal be received. Carried. b) Oro-Medonte Chamber of Commerce, correspondence re: Oro-Medonte Community Arena Banquet Hall. Motion No. 11 Moved by Dickie, Seconded by Bell Be it resolved that the correspondence from the Oro-Medonte Chamber of Commerce re: Oro-Medonte Community Arena Banquet Hall be received and, with consideration for the relationship between the Township and the Chamber, that the fee for the Community Arena Banquet Hall rental for February 27, 2003 be waived. Carried. . 5 c) Dennis Barkley, correspondence re: waiving conditions for Warminster Santa Claus Parade, December 22, 2002. Motion No. 12 . Moved by Hough, Seconded by Dickie Be it resolved that the correspondence from Dennis Barkley re: waiving conditions for Warminster Santa Claus Parade, December 22,2002 be received and that Mr. Barkley be advised that restrictions for holding a parade (By-law No. 1999-41) be waived and that approval is granted to conduct the Warminster Santa Claus Parade on December 22, 2002 (parade route starts at East Warminster subdivision up Richelieu (Champlain) to Hwy. 12 (East), to Side Road # 1, Warminster to West Warminster subdivision by the school, and back to Warminster Hall). Carried. 11. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole meeting held Wednesday, December 11, 2002. . The Mayor vacated the Chair and left the room with regard to this item and did not participate in any discussion or vote in this regard. Deputy Mayor Walter Dickie assumed the Chair. Councillor Hughes also left the room with regard to this item and did not participate in any discussion or vote in this regard. Motion No. 13 Moved by Bell, Seconded by Hough Be it resolved that the Minutes of the Committee of the Whole meeting held Wednesday, December 11, 2002 be adopted as printed and circulated. Carried. Mayor J. Neil Craig reassumed the chair after the motion. . 6 12. PETITIONS: . None. 13. UNFINISHED OR NEW BUSINESS: None. 14. BY-LAWS: a) By-law No. 2002-123 Being a by-law to Establish Procedures for Notice Provision. Motion No. 14 Moved by Dickie, Seconded by Hough Be it resolved that a by-law to Establish Procedures for Notice Provision be introduced and read a first and second time and numbered By-law No. 2002-123. Carried. . That By-law No. 2002-123 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. b) By-law No. 2002-130 Being a by-law to amend By-law No. 2001-008, a by-law to appoint representatives to various committees and to repeal By-law No. 2002- 003. Motion No. 15 Moved by Marshall, Seconded by Hughes Be it resolved that a by-law to amend By-law No. 2001-008, a by-law to appoint representatives to various committees and to repeal By-law No. 2002-130. Carried. . That By-law No. 2002-130 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 7 c) By-law No. 2002-132 Being a by-law to impose a Water Works Rate upon owners of land deriving a benefit from the private Moonstone Water Works System. . Motion No. 16 Moved by Fountain, Seconded by Marshall Be it resolved that a by-law to impose a Water Works Rate upon owners of land deriving a benefit from the private Moonstone Water Works System Corporation, transferred to the Robincrest Water System be introduced and read a first and second time and numbered By-law No. 2002-132. Carried. That By-law No. 2002-132 be read a third time and finally passed, as amended, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. d) By-law No. 2002-133 Being a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase II, 51-M-447 (Horseshoe/Salvil (Oro) Limited). . Motion No. 17 Moved by Fountain, Seconded by Hughes Be it resolved that a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase II, 51-M-447 (Horseshoe/Salvil (Oro) Limited) be introduced and read a first and second time and numbered By-law No. 2002-133. Carried. That By-law No. 2002-133 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 8 e) By-law No. 2002-134 Being a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase liB, 51 M-553 (Salvillnvestments). . Motion No. 18 Moved by Marshall, Seconded by Fountain Be it resolved that a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase liB, 51 M-553 (Salvillnvestments) be introduced and read a first and second time and numbered By-law No. 2002-134. Carried. That By-law No. 2002-134 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . f) By-law No. 2002-135 Being a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Hasting (White Bros.) Subdivision, 51 M-593. Motion No. 19 Moved by Hughes, Seconded by Marshall Be it resolved that a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Hasting (White Bros.) Subdivision, 51 M-593 be introduced and read a first and second time and numbered By-law No. 2002-135. Carried. That By-law No. 2002-135 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 9 g) By-law No. 2002-136 Being a by-law to amend By-law No. 99-4, a by-law to provide for the imposition of fees. Motion No. 20 Moved by Fountain, Seconded by Hughes Be it resolved that a by-law to amend By-law No. 99-4, a by-law to provide for the imposition of fees be introduced and read a first and second time and numbered By-law No. 2002-136. Carried. That By-law No. 2002-136 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. h) By-law No. 2002-137 Being a by-law to authorize the execution of a Tax arrears extension agreement. Motion No. 21 Moved by Marshall, Seconded by Fountain Be it resolved that a by-law to authorize the execution of a Tax arrears extension agreement be introduced and read a first and second time and numbered By-law No. 2002-137. Carried. That By-law No. 2002-137 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 10 . . . . i) By-law No. 2002-138 Being a by-law to Govern the Proceedings of Council and Committees of Council in the Township of Oro- Medonte and to Repeal By-law No. 95-44. Motion No. 22 Moved by Hughes, Seconded by Marshall Be it resolved that a by-law to Govern the Proceedings of Council and Committees of Council in the Township of Oro-Medonte and to Repeal By-law No. 95-44 be introduced and read a first and second time and numbered By-law No. 2002-138. Carried. That By-law No. 2002-138 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. j) By-law No. 2002-139 Being a by-law to adopt Official Plan Amendment No. 15 to the Township of Oro-Medonte Official Plan. . Motion No. 23 Moved by Fountain, Seconded by Hughes Be it resolved that a by-law to adopt Official Plan Amendment No: 15 to the Township of Oro-Medonte Official Plan be introduced and read a first and second time and numbered By-law No. 2002-139. Carried. That By-law No. 2002-139 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 11 k) By-law No. 2002-140 Being a by-law to authorize the execution of an Agreement between the Township of Oro-Medonte and The Simcoe County District Health Unit. . Motion No. 24 Moved by Marshall, Seconded by Hughes Be it resolved that a by-law to authorize the execution of an Agreement between the Township of Oro-Medonte and The Simcoe County District Health Unit be introduced and read a first and second time and numbered By-law No. 2002-140. Carried. That By-law No. 2002-140 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. I) By-law No. 2002-141 Being a by-law to appoint By-law Inspectors ("Public Places By-law"). Motion No. 25 . Moved by Hughes, Seconded by Marshall Be it resolved that a by-law to appoint By-law Inspectors ("Public Places By-law") be introduced and read a first and second time and numbered By-law No. 2002-141. Carried. That By-law No. 2002-141 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 12 m) By-law No. 2002-143 Being a by-law to authorize the entering into of an Agreement with The Ontario Federation of Snowmobile Clubs. . Motion No. 26 Moved by Hughes, Seconded by Fountain Be it resolved that a by-law to authorize the entering into of an Agreement with The Ontario Federation of Snowmobile Clubs be introduced and read a first and second time and numbered By-law No. 2002-143. Carried. That By-law No. 2002-143 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 15. IN-CAMERA: Motion No. 27 . Moved by Marshall, seconded by Hughes Be it resolved that we do now go In-Camera at 8:40 p.m. to discuss Personnel and Legal matters. Carried. Motion No. 28 Moved by Fountain, Seconded by Marshall Be it resolved that we do now Rise and Report from In-Camera at 9:20 p.m. Carried. . 13 a) Jennifer Zieleniewski, CAD, report re Personnel matter (Receptionist). Motion No. 29 Moved by Fountain, Seconded by Hughes . Be it resolved that Report ADM2002-061, Jennifer Zieleniewski, CAD, re: Personnel matter (Receptionist) be received and adopted. Carried. b) Report No. ADM2002-60, P. Gravelle, Treasurer, Education Development Charges. Motion No. 30 Moved by Hughes, Seconded by Marshall Be it resolved that Report ADM2002-060, by P. Gravelle, Treasurer, re Education Development Charges, be received for information, to be brought back at a later date for Council's consideration. Carried. . c) Jennifer Zieleniewski, confidential correspondence dated December 18, 2002, from Aird & Berlis re: a legal matter (Rotstein). Motion No. 31 Moved by Bell, Seconded by Fountain Be it resolved that the Confidential correspondence dated December 18, 2002 from Aird & Berlis re: a legal matter (Rotstein) be received. Carried. . 14 16. CONFIRMATION BY-LAW: . Motion No. 32 Moved by Marshall, Seconded by Fountain Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, December 18,2002 be introduced and read a first and second time and numbered By-law No. 2002-142. Carried. That By-law No. 2002-142 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 17. ADJOURNMENT: Motion No. 33 . Moved by Fountain, Seconded by Marshall Be it resolved that we do now adjourn at 9:22 p.m. Carried. Q~w~ MaYor, J. Neil Craig . 15 . .