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12 06 2000 Council Minutes ''II .; I:' i THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING MINUTES Wednesday, December 6,2000 TIME: 7:00 p.m. FIRST MEETING 2000-2003 COUNCIL . Council met this evening @ 7:00 p.m. with the following members present: , , , i i I' , " ii " :i ii Present: Mayor Ian Beard Deputy Mayor Neil Craig Councillor Ralph Hough Councillor Paul Marshall CounciHor Harry Hughes Councillor Ruth Fountain Absent: Councillor Walter Dickie i; 'i " [I Staff Present: Jennifer Zieleniewski, CAO; Vicki Robertson, Acting Clerk; Andria Leigh, Township Planner i !' i' ji " I: Ii Ii ii Ii Ii ii Mayor Ian Beard assumed the chair and called the meeting to order, followed by a moment of reflection. 1. "DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None. 2. CONSENT AGENDA: a) Elaine C. Slobodian, correspondence re: appreciation to firefighters. Recommendation: Receive and file. " b) Oro Agricultural Society, correspondence re: appreciation to Council. Ii ii Recommendation: Receive and file. c) Ministry of Municipal Affairs and Housing, correspondence re: Building Regulatory Reform Advisory Group (BRRAG). Recommendation: Receive and file. I: 3. DEPUTATIONS: Nil. e 4. REPORTS OF MUNICIPAL OFFICERS: a) Report No. PW2000-44, Keith Mathieson, Manager Public Works, re: Precision Alloy Products Inc., Site Plan Agreement, #5 Paterson Drive. ii b) Report No. PW2000-48, Keith Mathieson, Manager Public Works, re: Charles and Theresa Spears, Site Plan Agreement, Part of Lots 1 & 2, Conc. 13, being all of PIN 58531-0027 (Lt). c) Report No. PW2000-49, Keith Mathieson, Manager Public Works, re: Christopher R. Fitzgerald, Site Plan Agreement, Lot 18, Plan 712 (former Township of Oro), Forrester Road. . d) Report No. PD2000-36, Andria Leigh, Township Planner, re: Proposed Zoning By-law Amendment, Robert and Theresa Spears, Concession 13, Part of Lots 1 and 2 (Oro). i I, ! e) Report No. 2000-72, Vicki I. Robertson, Acting Clerk, re: Cancellation of Committee of the Whole meeting scheduled for Wednesday, December 27, 2000. il :1 5. COMMUNICATIONS: a) Township of Springwater, Notice of Decision, B24/2000 (Bubel), Part Lot 6, Concession 1, former Township of Vespra, 366 Penetanguishene Road. ii i , , I I I , b) Township of Springwater, Notice of Adoption of Amendment to Official Plan, Adult Lifestyle Community, West of Old Second South and South of Fox Farm Road. il " c) Simcoe Muskoka Catholic District School Board, Notice of Passing, Education Development Charge By-law. Ii d) OMB Appeal, PL000560, Gold Mountain Springs. e) OMB Appeal, PL971085, PL971468, Horseshoe Resort Corporation. f) Crime Stoppers, correspondence re: January as "Crime Stoppers Month". 6. REPORTS OF COMMITTEES: a) Report No. 2000-17, Minutes of the Committee of the Whole meeting held on Wednesday, November 8,2000. b) Report No. 2000-18, Minutes of the Committee of the Whole meeting held on Wednesday, November 22,2000. c) Township of Oro-Medonte Planning Advisory Committee meeting held on November 29, 2000. 7. PETITIONS: Nil. 8. UNFINISHED OR NEW BUSINESS: . a) Report No. ADM2000-71, Paul Gravelle, Treasurer, re: Appeal of Education Development Charge By-laws. Ii b) By-law No. 2000-96 Being a By-law to enter into an Agreement between The Corporation of the Township of Oro-Medonte and the Trinity Community Presbyterian Church. 2 I'. " i' I ~ , I , Ii I , I ii I C) By-law No. 2000-97 I Being a By-law to enter into a Lease Agreement between The Corporation of the Township of Oro- Medonte and Nancy Quinlan to allow for the use of a portion of Lot 40, Concession 1, W.P.R. Township of Oro-Medonte, County of Simcoe. , i! i il ,: , i: I , I . II Ii d) Councillor Hough, Verbal Update of Severn Sound Meeting. 9. IN-CAMERA: " i i. Ii I' I: Ii II Ii a) Confidential Report No. PD2000-35, Andria Leigh, Township Planner, re: OMB Hearing for Minor Variance A-28/00 (Hisey), Conc. 12, Plan 952, Lot 74 (Oro). b) Trinity Church Agreement c) Nancy Quinlan Lease Agreement. Ii Motion No. 1 ii I I' I! Ii Ii Ii I' Ii Ii I' ii I Ii i' I' il Ii II Ii Moved by Fountain, Seconded by Hughes Be it resolved that the agenda for the Council Meeting dated Wednesday, December 6, 2000 be adopted as printed and circulated with the Confirmation By-law Number being corrected to read By-law No. 2000-94 and the addition of the following: Ii I; 13. a) Report No. ADM2000-71, Paul Gravelle, Treasurer, re: Appeal of Education Development Charge By-laws. b) By-law No. 2000-96 Being a By-law to enter into an Agreement between The Corporation of the Township of Oro-Medonte and the Trinity Community Presbyterian Church. c) By-law No. 2000-97 Being a By-law to enter into a Lease Agreement between The Corporation of the Township of Oro- Medonte and Nancy Quinlan to allow for the use of a portion ofLot 40, Concession 1, W.P.R. Township of Oro-Medonte, County of Simcoe. d) Councillor Hough, Verbal Update of Severn Sound Meeting. !I " Ii Ii i' Carried. Motion No.2 Moved by Fountain, Seconded by Hughes Be it resolved that the minutes of the Regular Council meeting held on Wednesday, November 1, 2000 be adopted as printed and circulated. . Carried. ii Motion No.3 Ii Ii Ii Moved by Hughes, Seconded by Fountain Be it resolved that the minutes of the Special Council meeting held on Wednesday, November 15, 2000 be adopted as printed and circulated. Ii ,. Carried. 3 , , , I' , I' Ii " " Ii II Ii Motion No.4 Moved by Hughes, Seconded by Fountain e Be it resolved that WHEREAS Council approved the minutes from the October 18, 2000 Council meeting on November 1, 2000; AND WHEREAS the minutes reflected that Mayor Beard voted in favour of Motion # 8 which reads as follows: "Be it resolved that Report No. ADM2000-69 by Jennifer Zieleniewski, CAO, re: Lakeshore Promenade be received, and the recommendations contained in Sections 1, 2, and 3 be adopted (copy of report attached and forms part of this resolution), and further that Council review the development of the road ends for public access in their 2001 budget deliberations; and further that the cost associated with the land transfers or licences contained in Sections 1, 2, and 3 be the responsibility of the abutting landowners, and that funds emanating from such transfers or licences be dedicated for the sole deelopment of the Lakeshore Promenade walking trail."; AND WHEREAS the recorded vote actually indicates that Mayor Beard voted against the motion; NOW THEREFORE Council hereby amends the minutes of October 18, 2000 to reflect this change. Carried. Motion No.5 Moved by Fountain, Seconded by Hughes Be it resolved that Consent Agenda Item 7a), correspondence from Elaine C. Slobodian re: appreciation to firefighters be received and filed. Carried. , !: Motion No.6 Moved by Hughes, Seconded by Fountain Be it resolved that Consent Agenda Item 7b), correspondence from the Oro Agricultural Society re: appreciation to Council be received and filed. Carried. Motion No.7 Moved by Fountain, Seconded by Hughes . Be it resolved that Consent Agenda Item 7c), correspondence from the Ministry of Municipal Affairs and Housing re: Building Regulatory Reform Advisory Group (BRRAG) be received and filed. Carried. !i 4 " " ,i: Motion No.8 " ii I; Moved by Hughes, Seconded by Fountain !' . Be it resolved that Report No. PW2000-44 by Keith Mathieson, Manager Public Works, re: Precision Alloy Products Inc., Site Plan Agreement, #5 Paterson Drive be received and adopted, and that the Treasurer be authorized to release the refundable cash deposit of $1 ,000 to Precision Alloy Products Inc. Carried. :! !! Motion No.9 Moved by Fountain, Seconded by Hughes I I' , I; Ii I' Ii ii Ii , " Be it resolved that Report No. PW2000-48 by Keith Mathieson, Manager Public Works, re: Charles and Theresa Spears, Site Plan Agreement, Part of Lots 1 & 2, Conc. 13, being all of PIN 58531-0027 (Lt) be received and adopted, and that the Township of Oro-Medonte enters into a Site Plan Agreement with Charles and Theresa Spears to permit a five (5) lot residential development, and further that By-law No. 2000-91 be brought forward for Council's consideration. Carried. I i , I Ii I: " I' I: ii " " I: Motion No. 10 Moved by Fountain, Seconded by Hughes II H !i Be it resolved that Report No. PW2000-49 by Keith Mathieson, Manager Public Works, re: Christopher R. Fitzgerald, Site Plan Agreement, Lot 18, Plan 712 (former Township of Oro), Forrester Road be received and adopted, and that the Township of Oro-Medonte enters into a Site Plan Agreement with Christopher Reycraft Fitzgrald to construct a single family residence, and further that By-law No. 2000-92 be introduced for Council's consideration. Carried. Motion No. 11 Moved by Hughes, Seconded by Fountain Ii Be it resolved that Report No. PD2000-36 by Andria Leigh, Township Planner, re: Proposed Zoning By-law Amendment, Robert and Theresa Spears, Concession 13, Part of Lots 1 and 2 (Oro) be received and adopted and that the proposed Zoning By-law Amendment be considered favourably by Council. Carried. Motion No. 12 . Moved by Hughes, Seconded by Marshall Be it resolved that Report No. 2000-72 by Vicki Robertson, Acting Clerk, re: Committee Meeting Cancellation, December 27,2000 be received and adopted, and that the appropriate notice be placed in the local newspapers. Carried. i' 5 I' , Ii' I !; " Ii " ii Ii Ii II ii II I Ii i: Motion No. 13 Moved by Hughes, Seconded by Marshall . Be it resolved that the Notice of Decision from The Township of Springwater re: B24/2000 (Bubel), Part Lot 6, Concession 1, former Township of Vespra, 366 Penetanguishene Road be received. Carried. Motion No. 14 , I r , ii " " Moved by Marshall, Seconded by Hughes H Be it resolved that the Notice of Adoption of Amendment to Official Plan from The Township of Springwater re: Adult Lifestyle Community, West of Old Second South and South of Fox Farm Road be received. i j' I Ii , I; Ii " " I' Carried. Ii Motion No. 15 'i Ii [i Moved by Marshall, Seconded by Hughes ii Be it resolved that the Notice of Passing from The Simcoe Muskoka Catholic District School Board re: Education Development Charge By-law be received. Carried. Motion No. 16 Moved by Hughes, Seconded by Marshall Be it resolved that the correspondence from the Ontario Municipal Board re: Gold Mountain Springs Appeal, PL000560 be received. Carried. Motion No. 17 Moved by Marshall, Seconded by Hughes Be it resolved that the correspondence from the Ontario Municipal Board re: the Horseshoe Resort Corporation Appeal, PL971085, PL971468, be received, and the Official Plan be amended accordingly. Carried. Motion No. 18 . Moved by Marshall, Seconded by Hughes Be it resolved that the correspondence from Crime Stoppers re: January as "Crime Stoppers Month" be received and the month of January be recognized as Crime Stoppers Month. Carried. I !' 6 '. :i Ii ; Motion No. 19 . Moved by Marshall, Seconded by Hughes Be it resolved that Report No. 2000-17, minutes of the Committee of the Whole meeting held on Wednesday, November 8, 2000 be received and the recommendations therein be adopted. Carried. I' Ii Motion No. 20 Moved by Hughes, Seconded by Marshall i i ; Ii " Be it resolved that Report No. 2000-18, minutes of the Committee of the Whole meeting held on Wednesday, November 22, 2000 be received and the recommendations therein be adopted. Carried. " ;' Ii '; Motion No. 21 Moved by Hughes, Seconded by Marshall Be it resolved that the minutes of the Township of Oro-Medonte Planning Advisory Committee meeting held on November 29, 2000 be received. Carried. Motion No. 22 Moved by Marshall, Seconded by Hughes Be it resolved that the proposed amendments to the Official Plan including the new proposed "Section D6-Recreational" proceed to a Public Meeting in accordance with the requirements of the Planning Act and that Development Application P-83/99 be considered favourably to proceed under the proposed policy. Carried. Motion No. 23 Moved by Craig, Seconded by Hough P Ii . Be it resolved that Development Application P-114/00, a proposed Zoning By-law Amendment for a modular home sales establishment, proceed to a Public Meeting in accordance with the requirements of the Planning Act. Carried. Ii Ii 7 Motion No. 24 Moved by Craig, Seconded by Hough I; i Be it resolved that WHEREAS the Simcoe Muskoka Catholic District School Board and the Simcoe County District School Board, hereinafter referred to as the "Boards", on October 30th, 2000 passed Education Development Charge By- laws based on a jurisdiction-wide approach that imposes a residential charge of $1203 per unit; . " " AND WHEREAS the Boards also presented two other area-specific based options that impose a considerably lesser charge of $726 or $781 respectively per residential unit; AND WHEREAS the difference in the stated amounts between the jurisdiction- wide and the area-specific based options dramatically illustrate the lack of fairness and equity to northern municipalities due to the adoption of By-laws based on the jurisdiction-wide approach; d , Ii , NOW THEREFORE the Council of the Township of Oro-Medonte hereby directs staff to file notices of appeal to the Ontario Municipal Board objecting to the Education Development Charge By-laws passed on October 30th, 2000 on the grounds that an area-specific approach is fairer and more equitable for the northerly municipalities and for such other reasons as may be put forward between the date of filing of the notice of appeal and the commencement of the hearing before the Ontario Municipal Board. ii Carried. Motion No. 25 Ii Moved by Hough, Seconded by Craig , Ii " !' Be it resolved that a by-law to authorize the execution of a Site Plan Control Agreement between Charles and Theresa Spears and The Corporation of the Township of Oro-Medonte, described as lands as follows: Part of Lots 1 & 2, Concession 13 being all of PIN 58531-0027 (Lt), Township of Oro-Medonte, County of Simcoe be introduced and read a first and second time and numbered By-law No. 2000-91. Carried. That By-law No. 2000-91 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion No. 26 Moved by Craig, Seconded by Hough . Be it resolved that a by-law to authorize the execution of a Site Plan Control Agreement between Christopher Raycraft Fitzgerald and The Corporation of the Township of Oro-Medonte, described as lands as follows: lot 18, Plan 712 (former Township of Oro), together with Right-of-Way over Parcel "C", Plan 712, being all of PIN 58556-0079 (Lt), Township of Oro-Medonte, County of Simcoe be introduced and read a first and second time and numbered By-law No. 2000- 92. Carried. 8 I " ~ ! r I Ii Ii :i That By-law No. 2000-92 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. . , I I I I I ii Motion No. 27 Moved by Hough, Seconded by Craig I' II Be it resolved that a by-law to rezone Part of Lot 1 and 2, Concession 13, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe be introduced and read a first and second time and numbered By-law No. 2000-95. Carried. il i, ii I: Ii That By-law No. 2000-95 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. 'i Ii Ii Carried. Ii :1 Motion No. 28 Moved by Hough, Seconded by Craig Ii i I I' , , Ii I I ii I Be it resolved that we do now go In-Camera at 8:14 p.m. to discuss an OMB matter, Trinity Community Presbyterian Church Agreement, and Quinlan Lease Agreement. Carried. , Motion No. 29 Ii , I , " I: Ii " Moved by Craig, Seconded by Hough :i i: II Be it resolved that we do now Rise and Report from In-Camera at 8:28 p.m. Carried. Motion No. 30 Moved by Hough, Seconded by Craig Ii i: Ii Be it resolved that a By-law to enter into an Agreement between The Corporation of the Township of Oro-Medonte and the Trinity Community Presbyterian Church be introduced and read a first and second time and numbered By-law No. 2000- 96. Carried. . That By-law No. 2000-96 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 9 !i ~ ,,:' ii I i: , Ii , il , Motion No. 31 Moved by Craig, Seconded by Hough . Be it resolved that a By-law to enter into a Lease Agreement between The Corporation of the Township of Oro-Medonte and Nancy Quinlan to allow for the use of a portion of Lot 40, Concession 1, WP.R. Township of Oro-Medonte, County of Simcoe be introduced and read a first and second time and numbered By-law No. 2000-97. Ii !i Carried. ii That By-law No. 2000-97 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. ii , I! Ii I' Ii Ii I' !I Motion No. 32 Moved by Fountain, Seconded by Hughes i " , 'i Ii Ii Ii i1 I' 11 Be it resolved that Report No. PD2000-35 by Andria Leigh be received and that the Township Planner be directed to assist the Board Member at the upcoming OMB Hearing, and that the Township not send legal representation to this upcoming OMB Hearing, and further that the applicant and appellant be advised of Council's decision. Carried. Motion No. 33 .. " II II !i Moved by Hough, Seconded by Craig Be it resolved that a By-law to confirm the proceedings of the Council Meeting held on Wednesday, December 6,2000 be introduced and read a first and second time and numbered By-law No. 2000-94. Carried. That By-law No. 2000-94 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. , , i' Ii Carried. Motion No. 34 Moved by Craig, Seconded by Hough Be it resolved that we do now adjourn at 8:35 p.m. . Carried. .;1 >' (;:/ M~:~~I~n ~~;i l i i' 10