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12 04 2002 Council Minutes .. .. ,"" . . .... . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, December 4,2002 TIME: 7:15 p.m. FIFTY-FOURTH 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 Also Present: John Waugh (Lite FM), Dr. Tom Garry (Warden), Terri- Lynn Shaw, Patricia Roach, Jessica Roach, Nicole Roach, Dale Morrison, Bob Gregory, Marilyn Gregory, Paul Beckwith, Cheryl Beckwith, Deb Speare, Terry Speare, Tracey Allan, Karin Peddie, Brian Peddie, Marilyn Johnson, Carol Benedetti, Maria Calautti, Rocco Calautti, Kathy Knapp, Joel Cox, Wayne Barefoot, Karen Gibbon, John Madden, Melody Madden, Amy Miller-Gourley, Wayne Kirk, S. Carolyn Hill, Jamie Mandell, Jesse Laing 1. & 2. Mayor J. Neil Craig assumed the chair and called the meeting to order, followed by a moment of reflection. The Mayor and Council, staff and audience enjoyed a delightful musical Christmas interlude performed by the Oro-Medonte Children's and Youth's Choirs under the direction of Mrs. Marilyn Gregory prior to the commencement of the Council meeting. 3. ADOPTION OF AGENDA: Motion No. 1 Moved by Bell, Seconded by Hough Be it resolved that the agenda for the Council Meeting dated Wednesday, December 4,2002 be adopted as printed and circulated with the following additions: .. .con't. :!t ,It Motion No.1 (...con't) . 9. REPORTS OF MUNICIPAL OFFICERS: c) Report No. PD2002-39, Andria Leigh, Senior Planner, re: removal of Holding Provision for Carriage Hills, Concession 3, Part of Lot 2 (Oro), Development Application P-136/02. d) Marilyn Pennycook, Clerk, discussion re: Set Fines and Short Form Wording, Smoking in Public Places By-law No 2002-115. 14. BY-LAWS: d) By-Law No. 2002-128 Being a by-law to remove a Holding Symbol on lands located in Concession 3, Part of Lot 2, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe (Carriage Hills Phase IV). 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, November 27, 2002 - Motion No. CW-3 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, November 27, 2002 - Motion No. CW- 33, 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. . f 2 6. MINUTES OF PREVIOUS MEETING: . a) Minutes of the Council Meeting held Wednesday, November 20,2002. Motion No.2 Moved by Hough, Seconded by Dickie Be it resolved that the minutes of the Council meeting held Wednesday, November 20,2002 be received and adopted as printed and circulated. ,. ,. Carried. 7. CONSENT AGENDA CORRESPONDENCE: a) North Simcoe Community News, correspondence re: appreciation of award from Lake Simcoe Region Conservation Authority. b) Orillia Public Library Board, minutes of October 23,2002 meeting. . c) Canadian Red Cross, correspondence re: Contamination of Blood Supply in the 1980's. Motion No.3 Moved by Hough, Seconded by Bell Be it resolved that the items under the "Consent Agenda Correspondence" as listed below be received: a) North Simcoe Community News, correspondence re: appreciation of award from Lake Simcoe Region Conservation Authority. b) Orillia Public Library Board, minutes of October 23, 2002 meeting. c) Canadian Red Cross, correspondence re: Contamination of Blood Supply in the 1980's. Carried. . 3 8. DEPUTATIONS: . None. 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. ADM2002-56, Marilyn Pennycook, Clerk, re: Notice Requirements, Municipal Act, 2001. Motion No.4 Moved by Bell, Seconded by Dickie Be it resolved that Report No. ADM2002-56 by Marilyn Pennycook, Clerk, re: Notice Requirements, Municipal Act, 2001 be received and adopted, and that a by-law with respect to establishing procedures for notice as required under the Municipal Act, 2001 be brought forward for Council consideration. Carried. . b) Report No. ES2002-65, Keith Mathieson, Director of Engineering and Environmental Services, re: Carriage Hills Resort Four Inc., Site Plan Agreement, Parcel 1-26, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3, designated as Part 1 on Plan 51 R-31409, Township of Oro- Medonte, County of Simcoe (refer to By-law No. 2002-124). Motion No. 5 Moved by Dickie, Seconded by Hough Be it resolved that Report No. ES2002-65 by Keith Mathieson, Director of Engineering and Environmental Services, re: Carriage Hills Resort Four, Inc., Site Plan Agreement, Parcel 1-26, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3, designated as Part 1 on Plan 51 R-31409, Township of Oro- Medonte, County of Simcoe be received and adopted, and that the Township of Oro-Medonte enter into a Site Plan Agreement with Carriage Hills Resort Four, Inc. to construct a 78-unit timeshare development, and further that the appropriate by-law be brought forward for Council consideration. Carried. . 4 . c) Report No. PD2002-39, Andria Leigh, Senior Planner, re: removal of Holding Provision for Carriage Hills, Concession 3, Part of Lot 2 (Oro), Development Application P-136/02. Motion No.6 Moved by Dickie, Seconded by Bell Be it resolved that Report No. PD2002-39 by Andria Leigh, Senior Planner, re: removal of Holding Provision for Carriage Hills, Concession 3, Part of Lot 2 (Oro), Development Application P-136/02 be received and that the Zoning By-law Amendment to remove the Holding Provision for Carriage Hills Phase IV, being Concession 3, Part of Lot 2 (Oro) be given favourable consideration by Council after the adoption of the appropriate Site Plan Control By-law. .' Carried. d) Marilyn Pennycook, Clerk, discussion re: Set Fines and Short Form Wording, Smoking in Public Places By-law No 2002-115. Motion No.7 (AMENDMENT) Moved by Hughes, Seconded by Fountain . Be it resolved that the fines for By-law 2002-115 be amended to reflect the fines for enforcement in Essa Township as appropriate. Carried. Motion No.8 Moved by Dickie, Seconded by Hough Be it resolved that the set fines for offences of the Smoking in Public Places By-law No. 2002-115 reflect the fines for enforcement in Essa Township as appropriate. Carried As Amended. 10. COMMUNICATIONS: a) Grillia District Chamber of Commerce, invitation to 113th Annual Dinner Meeting, January 16, 2003. Motion No.9 Moved by Fountain, Seconded by Bell . Be it resolved that the invitation from the Orillia District Chamber of Commerce to 113th Annual Dinner Meeting, January 16, 2003 be received and that Deputy Mayor Dickie and Councillor Hughes be authorized to attend. 5 Carried. . b) Lake Simcoe Region Conservation Authority, correspondence re: Lake Simcoe Environmental Management Strategy. Motion No.1 0 Moved by Bell, Seconded by Hough Be it resolved that the correspondence from the Lake Simcoe Region Conservation Authority re: Lake Simcoe Environmental Management Strategy be received and that Deputy Mayor Walter Dickie be appointed to attend the first meeting of the Executive Advisory Committee, January 17, 2003. Carried. c) The Royal Canadian Legion, Cahiague Branch (Ontario #619), Warminster, correspondence re: Clarification of the "NO Smoking" by-law. Motion No. 11 . Moved by Dickie, Seconded by Bell Be it resolved that the correspondence from The Royal Canadian Legion, Cahiague Branch (Ontario #619), Warminster re: Clarification of the "No Smoking" by-law be received and referred to staff for a response. Carried. d) Walter Balkwill, Warminster, correspondence re: Warminster Fire Hall Property. Motion No. 12 Moved by Marshall, Seconded by Hughes Be it resolved that the correspondence from Walter Balkwill, Warminster re: Warminster Fire Hall Property be received and referred to staff for a report. Carried. . 6 11. REPORTS OF COMMITTEES: . a) Minutes of the Committee of the Whole meeting held Wednesday, November 27, 2002. Motion No. 13 Moved by Fountain, Seconded by Marshall Be it resolved that the Minutes of the Committee of the Whole meeting held Wednesday, November 27,2002 be adopted as printed and circulated, with the exception of Recommendation No. CW-3 re: Jack Pearce's deputation re: Pod's Lane; Recommendation No. CW-24 re: Report No. PR2002-14 re: Railtrail Distance Markers, and Recommendation No. CW-33 re: Committee of Adjustment Decisions, Application No. B-39/02, Concession 1, Lot 44 and 43. Carried. Motion No. 14 Councillor Hughes left the room and did not participate in any discussion or vote with regard to this item. . Moved by Marshall, Seconded by Fountain Be it resolved that Recommendation No. CW-3 of the Committee of the Whole held November 27,2002: "It is recommended that the information presented by Mr. Jack Pearce re: contents of letter from Azimuth Environmental Consulting, October 7,2002 be received" be adopted. Carried. Motion No. 15 The Mayor vacated the Chair and left the room during the discussion and vote with regard to this item. Deputy Mayor Walter Dickie assumed the Chair during discussion and voting.. Moved by Marshall, Seconded by Hughes . Be it resolved that Recommendation No. CW-33 of the Committee of the Whole held November 27, 2002: "It is recommended that Report No. PD2002- 37 by Andria Leigh, Township Planner, re: Committee of Adjustment Decisions, November 14, 2002 re: Application No. B-39/02, Concession 1, Lot 44 and 43 (Flos) be received" be adopted. Carried. Mayor J. Neil Craig assumed the Chair. 7 Motion No. 16 . Moved by Hughes, Seconded by Hough Be it resolved that the amendment to the motion to receive and adopt Report No. PR2002-14, Chris Carter, Recreation Co-ordinator, and the matter of Distance Markers on the Railtrail be deferred and referred to Recreation Advisory for a report. Carried. Motion No. 17 (AMENDMENT) Moved by Dickie, Seconded by Fountain . Be it resolved that Report No. PR2002-14 by Chris Carter, Recreation Co-ordinator re: request from the Oro District Lions Club to install Distance Markers along the Oro- Medonte Lake Country Railtrail be received; And that, after further consideration of Report 2002-14 regarding the Request from the Oro District Lions Club to install distance markers along the Oro-Medonte Lake Country Railtrail, that the 6"x6"x8' wooden posts as distance markers, are not appropriate for use on the Railtrail due to: 1. lack of visibility of markers (Le., variations in topography of trail; potential liability); 2. lack of conformity with Railtrail Donor recognition policy; 3. ramifications of completion of south end of trail; 4. financial implication - overrun to 2002 budget; And further that the Recreation Advisory Committee be given the opportunity to investigate further options for Railtrail markers; and that the preferred option be recommended by the Committee to Council for consideration during the 2003 budget deliberations; And further that the Recreation Co-ordinator be authorized to consult with the Oro District Lions Club with respect to alternate usage of the donated 6"x6"x8' wooden posts; and that the Oro District Lions Club be advised accordingly. Deferred. Motion No. 18 Moved by Marshall, Seconded by Fountain . Be it resolved that Recommendation No. CW-24 of the Committee of the Whole meeting held November 27,2002: "It is recommended that Report No. PR2002-14 by Chris Carter, Recreation Co-ordinator, re: request from the Oro District Lions Club to install Distance Markers along the Oro-Medonte Lake Country Railtrail be received and adopted, and that the installation of the 27 Distance Markers along the lakeshore side of the Oro-Medonte Lake Country Railtrail be approved, that the Public Works Department begin "marking" the Railtrail, and Simcoe Fence and the Oro District Lions Club be notified accordingly, and further that Council approve the Kilometer Numbering showing both directions and the Oro District Lions Club Symbol and the Kilometer Numbering be "laser imprinted" be adopted. Deferred. 8 b) Minutes of the Oro-Medonte Recreation Advisory Committee meeting held Thursday, November 7,2002. . Motion No. 19 Moved by Marshall, Seconded by Fountain Be it resolved that the Minutes of the Oro-Medonte Recreation Advisory Committee meeting held Thursday, November 7,2002 be adopted as printed and circulated. Carried. 12. PETITIONS: None. 13. UNFINISHED OR NEW BUSINESS: None. 14. BY-LAWS: a) By-law No. 2002-122 Being a by-law to authorize the execution of a Tax arrears extension agreement (formerly Bill #T614). . Motion No. 20 Moved by Hughes, Seconded by Fountain Be it resolved that a by-law to authorize the execution of a Tax arrears extension agreement. (formerly Bill #T614) be introduced, read a first and second time and numbered By-law No. 2002-122. Carried. That By-law No. 2002-122 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 9 b) By-law No. 2002-124 Being a by-law to authorize the execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte and Carriage Hills Resort Four, Inc., described as lands as follows: Parcel 1-26, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3, designated as Part 1 on Plan 51 R- 31409, Township of Oro-Medonte, County of Simcoe. . Motion No. 21 Moved by Marshall, 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 Carriage Hills Resort Four, Inc., described as lands as follows: Parcel 1-26, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3, designated as Part 1 on Plan 51R-31409, Township of Oro-Medonte, County of Simcoe be introduced and read a first and second time and numbered By-law No. 2002-124. Carried. That By-law No. 2002-124 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. . Carried. c) By-law No. 2002-125 Being a by-law to adopt Official Plan Amendment No. 14 to the Township of Oro-Medonte Official Plan. Motion No. 22 Moved by Fountain, Seconded by Marshall Be it resolved that a by-law to adopt Official Plan Amendment No. 14 to the Township of Oro-Medonte Official Plan be introduced and read a first and second time and numbered By-law No. 2002-125. Carried. That By-law No. 2002-125 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 10 . d) By-law No. 2002-125 Being a by-law to adopt Official Plan Amendment No. 14 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 remove a Holding Symbol on lands located in Concession 3, Part of Lot 2, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe (Carriage Hills Phase IV) be introduced and read a first and second time and numbered By-law No. 2002-128. Carried. That By-law No. 2002-128 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 15. IN-CAMERA: . None. 16. CONFIRMATION BY-LAW NO. 2002-126 Motion No. 24 Moved by Marshall, Seconded by Hughes Be it resolved that a by-law to confirm the proceedings of the Council meeting held on Wednesday, December 4,2002 be introduced and read a first and second time and numbered By-law No. 2002-126. Carried. That By-law No. 2002-126 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . 11 17. ADJOURNMENT Motion No. 25 . Moved by Fountain, Seconded by Marshall Be it resolved that we do now adjourn at 9:45 p.m. Carried. ,. ~'W~. yor, J. Neil crai;t/ . . 12