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01 27 2010 Council Minutess sue" T h, Proud Heritage, Exciting Future Wednesday, January 27, 2010 THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Council Chambers TIME: 7:04 p.m. 2006 - 2010 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Terry Allison Staff Present: Paul Gravelle, Director of Finance/Deputy CAO/Treasurer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services; Shawn Binns, Director of Recreation and Community Services; Gary Skelding, Chief Municipal Law Enforcement Officer; Janette Teeter, Deputy Clerk Also Present: Harold Shelswell, Bruce Campbell, Orval Hutchinson, Russ Bartlett, Morgan Roberts, Thomas Pryde, Georgeina Pierce, Brian Bartholomew, Rob Jermey, Doug McDeod, George Cameron, Al Bartlett, Bryan Fell 1. OPENING OF MEETING BY THE MAYOR Mayor H.S. Hughes assumed the Chair and called the meeting to order. 2. PRAYER/CONTEMPLATION/REFLECTION Page 1 of 12 Council Meeting Minutes - January 27, 2010. 3. NOTICE OF ADDITIONS a) Motion for Additions. Motion No. C100127-1 Moved by Evans, Seconded by Crawford Be it resolved that the following items be added to the agenda for consideration: 10c) Shawn Binns, Director of Recreation and Community Services re: Administration Centre Identification. 17d) Doug Irwin, Director of Corporate Services/Clerk, re: Property Matter (Markov and Heatherington, Plan 606 and Plan 798). Carried. 4. ADOPTION OF AGENDA a) Motion for Adoption. Motion No. C100127-2 Moved by Coutanche, Seconded by Hough Be it resolved that the agenda for the Council meeting of Wednesday, January 27, 2010 be received and adopted. Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" Councillor Crawford declared a conflict of interest on Item 12a), Minutes of Committee of the Whole meeting held on January 20, 2010, Motion Nos. CW100120-22, CW100120-23, and CW100120-24 as he is a Trustee of the Oro Station Community Hall Board and he is a Director with the Oro Agricultural Society. Councillor Crawford left the table and did not participate in any discussion or vote on these items. Page 2 of 12 Council Meeting Minutes - January 27, 2010. 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council meeting held on January 13, 2010. Motion No. C100127-3 Moved by Crawford, Seconded by Evans Be it resolved that the minutes of the Council meeting held on January 13, 2010 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: a) Marie Brissette, Successful Completion of Unit 4, Municipal Law Program, Association of Municipalities of Clerks and Treasurers of Ontario. Motion No. C100127-4 Moved by Hough, Seconded by Coutanche Be it resolved that Marie Brissette be recognized for the successful completion of Unit 4, Municipal Law Program from the Association of Municipalities of Clerks and Treasurers of Ontario. Carried. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. Page 3 of 12 Council Meeting Minutes - January 27, 2010. 10. REPORTS OF MUNICIPAL OFFICERS: a) Shawn Binns, Director of Recreation and Community Services re: Update from Ad- Hoc Working Group, ATV Ice Fisherman Accessing Lake Simcoe. Correspondence was distributed to Council. The Director of Recreation and Community Services presented PowerPoint maps. Motion No. C100127-5 Moved by Crawford, Seconded by Coutanche Be it resolved that The verbal information presented by Shawn Binns, Director of Recreation and Community Services re: Update from Ad-Hoc Working Group, ATV Ice Fishermen Accessing Lake Simcoe be received. And Whereas Council, at its January 20, 2010 Committee of the Whole meeting, passed Motion No. CW100120-05 that an ad hoc working group be established comprised of ATV ice fishermen, Municipal Law Enforcement, Recreation and Community Services, Transportation, OPP, Mayor Hughes, and Councillors Evans and Crawford, to review options available to access the Lake for ice fishing. Now Therefore, Be it resolved that the use of All Terrain Vehicles be permitted on the following road allowances, to access Lake Simcoe for Recreational Purposes, from January 1 to March 15, 2010 between the hours of 6:00 a.m. and 10:00 p.m.: Black Forest Lane, South of Ridge Road to Lake Simcoe, Line 2 South, South of Ridge Road to Lake Simcoe, Bay Street from Shanty Bay Wharf Parking Area West to Line 2 South , . Line 6 South from dead end, at 1075 Line 6 South, to Lake Simcoe, Lakeshore Road West, 930m Easterly of Line 6 South, . Line 7 South, South from Ridge Road to Lake Simcoe, Parkside Drive from Line 9 Boat Launch Parking Area to Line 9 South, Line 9 South, South from Lakeshore Road East to Lake Simcoe, Line 11 South, South from Mill Street to Lake Simcoe, Mill Street, East of Line 11, South to Lake Simcoe, Lakeshore Road East from Line 12 to Line 13, Line 12 South, South of Lakeshore Road East to Lake Simcoe, . Little Road, South of Lakeshore Road East to Lake Simcoe, . Carthew Bay Wharf parking area (Lakeshore Road East) to the Wharf at Line 14 South Lakeshore Road East, West of Line 7 South to the Ice Road, . Ice Road, South of Lakeshore Road East to Lake Simcoe, Line 14 South, South of Shaw's Pancake House to Lake Simcoe. And Further That the Clerk bring forward the appropriate By-Law for Council's consideration. Carried. Page 4 of 12 Council Meeting Minutes - January 27, 2010. Motion No. C100127-6 Moved by Coutanche, Seconded by Hough Whereas Council enacted on February 25, 2009, By-Law No. 2009-025, "A By-Law a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte" which contains provisions with respect to Motorized Vehicles/Recreational Vehicles. And Whereas Council now deems it appropriate to amend By-Law No. 2009-025. Now Therefore Be it resolved that 1. The Municipal Parkland Regulations By-Law be amended to prohibit motorized vehicles and motorized snow vehicles from utilizing Shelswell Park. 2. That the Municipal Parkland Regulations By-Law be further amended to prohibit motorized vehicles from Bayview Memorial Park, with exception of All Terrain Vehicles and Motorized Snow Vehicles, to access Lake Simcoe for Recreational Purposes. 3. That the permitted use be restricted to the parking area from the Eastern Park boundary extending 20m West and South to Lake Simcoe from the period of January 1 to March 15, 2010, between the hours of 6:00 a.m. and 10:00 P.M. 4. And Further That the Clerk bring forward the appropriate By-Law for Council's consideration. Carried. b) Report No. RC 2010-01, Shawn Binns, Director of Recreation and Community Services, re: Recreation and Community Service Fees and Charges Review. Motion No. C100127-7 Moved by Evans, Seconded by Crawford Be it resolved that 1. Report RC2010-01 Shawn Binns, Director of Recreation and Community Services, re: Recreation and Community Service Fees and Charges Review be received and adopted. 2. That staff consult with the Recreation Technical Support Group and the Oro-Medonte Minor Sports Association regarding the proposed ice rental rates and report back to Council by the end of the first quarter 2010. 3. That the fees outlined in Table 3 of report RC2010-01 be approved and implemented effective July 1, 2010. 4. And Further That the Clerk bring forward the appropriate By-Law for Council's consideration. Carried. Page 5 of 12 Council Meeting Minutes - January 27, 2010. c) Shawn Binns, Director of Recreation and Community Services re: Administration Centre Identification. Motion No. C100127 Moved by Hough, Seconded by Coutanche Be it resolved that the verbal information presented by Shawn Binns, Director of Recreation and Community Services re: Administration Centre Identification be received. Carried. 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Georgian Valley Advisory Committee. Motion No. C100127-9 Moved by Crawford, Seconded by Evans Be it resolved that 1. The verbal information presented by Mayor H.S. Hughes, re: Georgian Valley Advisory Committee be received. 2. That Rick Madden be appointed as a member of the Georgian Valley Advisory Committee. 3. That the Clerk bring forward the appropriate by-law for Council's consideration. 4. And Further That the applicant be advised of Council's decision. Carried. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on January 20, 2010. Councillor Crawford declared a conflict of interest on Item 12a), Minutes of Committee of the Whole meeting held on January 20, 2010, Motion Nos. CW100120-22, CW100120-23, and CW100120-24 as he is a Trustee of the Oro Station Community Hall Board and he is a Director with the Oro Agricultural Society. Councillor Crawford left the table and did not participate in any discussion or vote on these items. Page 6 of 12 Council Meeting Minutes - January 27, 2010. Motion No. C100127-10 Moved by Coutanche, Seconded by Evans Be it resolved that the minutes of the Committee of the Whole Meeting held on January 20, 2010 be received; and further that the recommendations therein be adopted; with the exception of Motion Nos. CW100120-22, CW100120-23, and CW100120-24 to be voted on separately. Carried. Motion No. C100127-11 Moved by Coutanche, Seconded by Hough Be it resolved that the Oro Agricultural Society 2010 grant request in the amount of $500.00 be approved. Carried. Motion No. C100127-12 Moved by Hough, Seconded by Coutanche Be it resolved that 1. The request from the Oro Agricultural Society for a 2009 subsidy in the amount of $1,433.00 for the use of the Banquet Hall and Old Town Hall for monthly meetings be approved. 2. And That the request from the Oro Agricultural Society for a 2010 subsidy in the amount of $1505.00 for the use of the Banquet Hall and Old Town Hall for monthly meetings be approved. Carried. Motion No. C100127-13 Moved by Coutanche, Seconded by Hough Be it resolved that the Oro Station Community Hall Board 2010 grant request in the amount of $2000.00 be approved. Carried. Page 7 of 12 Council Meeting Minutes - January 27, 2010. b) Minutes of Committee of Adjustment meeting held on January 21, 2010. Motion No. C100127-14 Moved by Evans, Seconded by Crawford Be it resolved that the draft minutes of the Committee of Adjustment meeting held on January 21, 2010 be received. Carried. 13. CONSENT AGENDA: a) Correspondence dated January 13, 2010 from Township of Clearview re: Support of Resolution, Minutes of NVCA Meeting held on October 9, 2009. Staff Recommendation: Receipt. b) Minutes of Nottawasaga Valley Conservation Authority meeting held on December 11, 2009. Staff Recommendation: Receipt. Motion No. C100127-15 Moved by Hough, Seconded by Coutanche Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Correspondence dated January 13, 2010 from Township of Clearview re: Support of Resolution, Minutes of NVCA Meeting held on October 9, 2009. Received. b) Minutes of Nottawasaga Valley Conservation Authority meeting held on December 11, 2009. Received. Carried. 14. COMMUNICATIONS: a) Correspondence dated January 15, 2010 from Walter Benotto, Chair, Nottawasaga Valley Conservation Authority, re: Conservation Authorities. Motion No. C100127-16 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated January 15, 2010 from Walter Benotto, Chair, Nottawasaga Valley Conservation Authority, re: Conservation Authorities be received. Carried. Page 8 of 12 Council Meeting Minutes - January 27, 2010. b) Correspondence received January 20, 2010 from Georgeina Pierce, Windrift Kennel re: Request for Exemption of By-Law No. 2008-030 "Animal Control By-Law". Motion No. C100127-17 Moved by Coutanche, Seconded by Evans Be it resolved that the motion with respect to the correspondence received January 20, 2010 from Georgeina Pierce, Windrift Kennel re: Request for Exemption of By-Law No. 2008-030 "Animal Control By-Law" be deferred for further review of the matter by an ad hoc working group consisting of Municipal Law Enforcement, OSPCA, Councillors Coutanche and Agnew and select kennel owners and subsequent report on the matter by the end of April, 2010. Carried. Motion No. C100127-18 Moved by Agnew, Seconded by Crawford Be it resolved that 1. The correspondence received January 20, 2010 from Georgeina Pierce, Windrift Kennel re: Request for Exemption of By-Law No. 2008-030 "Animal Control By-Law" be received. 2. That the request for exemption to By-Law No. 2008-030 "Animal Control By-Law" to allow for 180 dogs at Windrift Kennel be denied. 3. That the Township work with the owner to bring the number of dogs into compliance with the "Animal Control By-Law" by January 1, 2011. 4. And Further That the applicant be advised accordingly of Council's decision. Deferred. c) Correspondence dated January 14, 2010 from John Johnson, Johnson Construction Ltd.; and January 19, 2010 from Douglas Downey, Lewis Downey Tornosky Lassaline & Timpano, re: Prices Corner/Turtle River Subdivision Street Renaming and Parkland Dedication Requests. Motion No. C100127-19 Moved by Coutanche, Seconded by Hough Be it resolved that the correspondence dated January 14, 2010 from John Johnson, Johnson Construction Ltd.; and correspondence dated January 19, 2010 from Douglas Downey, Lewis Downey Tornosky Lassaline & Timpano, re: Prices Corner/Turtle River Subdivision Street Renaming and Parkland Dedication Requests be received and referred to staff for a report. Carried. Page 9 of 12 Council Meeting Minutes - January 27, 2010. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Motion to go In-Camera Motion No. C100127-20 Moved by Crawford, Seconded by Agnew Be it resolved that we do now go In-Camera at 8:24 p.m. to discuss Legal and Property Matters. Carried. b) Motion to Rise and Report Motion No. C100127-21 Moved by Coutanche, Seconded by Agnew Be it resolved that we do now Rise and Report from In-Camera at 8:50 p.m. Carried. c) Andria Leigh, Director of Development Services, re: Legal Matter (Horseshoe Valley Paintball). Motion No. C100127-22 Moved by Evans, Seconded by Coutanche Be it resolved that 1. The confidential correspondence dated January 27, 2010 and presented by Andria Leigh, Director of Development Services, re: Legal Matter (Horseshoe Valley Paintball) be received. 2. That the Township proceed with the removal of the Agreement from title. 3. And Further That staff and the Township Solicitor proceed accordingly as directed by Council Carried. Page 10 of 12 Council Meeting Minutes - January 27, 2010. d) Doug Irwin, Director of Corporate Services/Clerk, re: Property Matter (Markov and Heatherington, Plan 606 and Plan 798). Motion No. C100127-23 Moved by Agnew, Seconded by Coutanche Be it resolved that the confidential verbal information presented by Doug Irwin, Director of Corporate Services/Clerk, re: Property Matter (Markov and Heatherington, Plan 606 and Plan 798) be received and further that staff proceed accordingly. Carried. 18. BY-LAWS a) By-Law No. 2010-018 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Ukrainian National Federation of Canada - Toronto Branch and to Repeal By-Law No. 1999- 106. Motion No. C100127-24 Moved by Evans, Seconded by Crawford Be it resolved that a a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Ukrainian National Federation of Canada - Toronto Branch and to Repeal By-Law No. 1999-106 be introduced and read a first and second time and numbered By-Law No. 2010-018. Carried. That By-Law No. 2010-018 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 11 of 12 Council Meeting Minutes - January 27, 2010. 19. CONFIRMATION BY-LAW a) By-Law No. 2010-017 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, January 27, 2010. Motion No. C100127-25 Moved by Coutanche, Seconded by Agnew Be it resolved that a By-Law to confirm the proceedings of the Council meeting held on Wednesday, January 27, 2010 be introduced and read a first and second time and numbered By-Law No. 2010-017. Carried. That By-Law No. 2010-017 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Motion No. C100127-26 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 9:03 p.m. Carried. erk. J. 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