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02 23 2011 Council Minuteswv Tvunul`rip of Proad Heritge. Exciting Amore Wednesday, February 23, 2011 THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers 2010 - 2014 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans TIME: 3:09 p.m. Staff Present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Finance/Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Donna Hewitt, Director of Corporate Strategic Initiatives; Richard Playfair, Director of Fire and Emergency Services; Jerry Ball, Director of Transportation and Environmental Services; Shawn Binns, Director of Recreation and Community Services; Tamara Obee, Manager Health & Safety, Human Resources; Janette Teeter, Deputy Clerk; Glenn White, Manager of Planning; Alan Wiebe, Planner; Samah Othman, Executive Assistant/Corporate Communications Specialist. Also Present: Ann Budge, Ann Truyens, Gene Stein, Tom Kovendi, Jim Adams, Marilyn Beatty, Lynda Foessel, Nancee Adams, Shawn Shepperd, Keith & Joyce Smith, representative from Stewart Collision, Ron Fox, Ted Beaton, Donna Kayer, Marj Mitchell, Jim Mitchell, Sheila Craig, H. Leake, Sandy Agnew, David Jamieson, Ava Kovendi, Sheila Knelsen, Lillian McConnell, Jean -Marc Lavoie, Yvette Lavoie, Omer Lavoie, Michelle Cults, Frank J. Coyle, Lisa Earl, Bruce Chappell, Danny Yousof, Ryan Yousof, Carol Benedetti. 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 13 Council Minutes — February 23, 2011 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C110223 -1 Moved by Coutanche, Seconded by Meyer Be it resolved that the agenda for the Council meeting of Wednesday, February 23, 2011 be received and adopted as amended to add Item 4d) Doug Irwin, Director of Corporate Services /Clerk, re: Solicitor - client privilege (Shanty Bay Boathouse). Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Item 10a) was dealt with at this time. Council recessed at 5:37 p.m. and reconvened at 6:16 p.m. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C110223 -2 Moved by Lancaster, Seconded by Evans Be it resolved that we do now go in Closed Session at 6:16 p.m. to discuss litigation affecting the municipality and solicitor - client privilege. Carried. b) Motion to Rise and Report. Motion No. C110223 -3 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now Rise at 6:50 p.m. and recess until 7:00 p.m. at which time we shall Report on Closed Session Items 4c) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (Concession 2, Part of Block A (Oro)) and 4d) Doug Irwin, Director of Corporate Services, re: Solicitor - client privilege (Shanty Bay Boathouse). Carried. Page 2 of 13 Council Minutes — February 23, 2011 c) Andria Leigh, Director of Development Services re: Litigation affecting the municipality (Concession 2, Part of Block A (Oro)) [deferred from February 9, 2011 meeting]. The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Glenn White, Manager of Planning. Motion No. C110223 -4 Moved by Lancaster, Seconded by Crawford Be it resolved that Confidential Report No. DS2011 -006, Andria Leigh, Director of Development Services re: Litigation affecting the municipality (Concession 2, Part of Block A (Oro)) be received for information. Carried. d) Doug Irwin, Director of Corporate Services, re: Solicitor - client privilege (Shanty Bay Boathouse). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk. Motion No. C110223 -5 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the confidential correspondence dated February 20, 2011 and presented by Doug Irwin, Director of Corporate Services, re: Solicitor - client privilege (Shanty Bay Boathouse) be received. 2. And That the Mayor and Ward Councillor arrange a meeting with the applicant and report back to Council accordingly. Carried. 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on February 9, 2011. Motion No. C110223 -6 Moved by Crawford, Seconded by Lancaster Be it resolved that the minutes of the Council meeting held on Wednesday, February 9, 2011, be adopted as printed and circulated. Carried. Page 3 of 13 Council Minutes — February 23, 2011 b) Minutes of Oro - Medonte History Association meeting held on January 24, 2011. Motion No. C110223 -7 Moved by Meyer, Seconded by Coutanche Be it resolved that the minutes of Oro - Medonte History Association meeting held on January 24, 2011 be received. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendment to the Zoning By -law, 2010 - ZBA -11, Part of Lot 1, Concession 11, municipally known as 883 Horseshoe Valley Road East, Township of Oro- Medonte (Lavoie). Deputy Mayor Hough called the meeting to order at 7:07 p.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By- law, Application 2010 - ZBA -11 (Omer Lavoie), Part of Lot 1, Concession 11, municipally known as 883 Horseshoe Valley Road East (formerly within Township of Oro), Township of Oro - Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on February 2nd, 2011 and a sign posted on the subject property on the same day. The following correspondence was received at the meeting: Simcoe County District School Board dated February 8, 2011. Alan Wiebe, Planner, explained the purpose and effect of the proposed Amendment. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the proposed Amendment: Michelle Cutts, Rudy & Associates, on behalf of applicant. Deputy Mayor Hough advised that written submissions will be received at the Township office until March 4, 2011 and that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 7:23 p.m. Page 4 of 13 Council Minutes — February 23, 2011 b) 7:00 p.m. Proposed Amendment to the Zoning By -law, 2010 - ZBA- I3,Plan M22, Part Block D, RP 51 R11728, Parts 3, 4, 5 and 6, Township of Oro - Medonte (Blueberry Park Corporation). Deputy Mayor Hough called the meeting to order at 7:24 p.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law, Application 2010 - ZBA -13 (Blueberry Beach Development Corp. Ltd.), Part Block D, Plan M22 being Parts 3, 4, 5 and 6 of Reference Plan 51 R- 11728, fronting on Maplewood Parkway (formerly within Township of Orillia), Township of Oro- Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on February 2nd, 2011 and a sign posted on the subject property on February 3rd. The following correspondence was received at the meeting: Steve and Larissa Hawryluk dated February 7, 2011; Sharon Sullivan dated February 16, 2011; Jack and Pauline Spencer dated February 23, 2011 was distributed to the Manager of Planning. Alan Wiebe, Planner, explained the purpose and effect of the proposed Amendment. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the proposed Amendment: Tom Kovendi; Gean Stein; Linda Foessel; Lillian McConnell; Jim Adams; Keith Smith; Nancee Adams. Deputy Mayor Hough advised that written submissions will be received at the Township office until March 4, 2011 and that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 8:05 p.m. Page 5 of 13 Council Minutes — February 23, 2011 9. DEPUTATIONS: a) 7:15 p.m. Frank Coyle, Chair, and Lisa Earl, Interim Marketing Coordinator, Ontario's Lake Country and Marketing Board, re: Past Marketing Programs and 2011 Vision. Correspondence was distributed to Council and Staff. Motion No. C110223 -8 Moved by Coutanche, Seconded by Meyer Be it resolved that the presentation provided by Frank Coyle, Chair, and Lisa Earl, Interim Marketing Coordinator, Ontario's Lake Country and Marketing Board, re: Past Marketing Programs and 2011 Vision be received and referred to the 2011 Budget Deliberations. Carried. 10. REPORTS OF MUNICIPAL OFFICERS: a) 3:00 p.m. Robin Dunn, Chief Administrative Officer, re: 2011 Budget Deliberations. The CAO distributed correspondence to Council and Staff. Motion No. C110223 -9 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence presented by Robin Dunn, Chief Administrative Officer and the Senior Management Team, re: 2011 Budget Deliberations be received; and further that the matter be brought forward to the March 2, 2011 Council meeting. Carried. b) Report No. CS 2011 -03, Doug Irwin, Director of Corporate Services /Clerk, re: Recreation Technical Support Group Structure for 2010 -2014 Term of Council [deferred from February 9, 2011 meeting and to be brought forward to March 2, 2011 ]. Motion No. C110223 -10 Moved by Meyer, Seconded by Coutanche Be it resolved that Report No. CS 2011 -03, Doug Irwin, Director of Corporate Services /Clerk, re: Recreation Technical Support Group Structure for 2010 -2014 Term of Council be brought forward to the March 2, 2011 Council meeting. Carried. Page 6 of 13 Council Minutes — February 23, 2011 c) Report No. CS 2011 -05, Doug Irwin, Director of Corporate Services, re: Election Sign By -Law Review. Motion No. C110223 -11 Moved by Lancaster, Seconded by Evans Be it resolved 1. That Report No. CS 2011 -05, Doug Irwin, Director of Corporate Services /Clerk, re: Election Sign By -Law Review be received. 2. That a Working Group of three (3) Members of Council be established to review the proposed by -law and bring forward recommendations for Council's consideration. 3. And That Deputy Mayor Hough and Councillors Lancaster and Meyer be appointed as the Members of the Working Group. Carried. d) Doug Irwin, Director of Corporate Services, re: Rescheduling of March 2, 2011 Council meeting commencement hour. Motion No. C110223 -12 Moved by Coutanche, Seconded by Meyer Whereas the 2011 ROMA/OGRA combined Conference is being held from February 27 to March 2, 2011, inclusive. And Whereas the 2011 ROMA/OGRA Conference is scheduled to conclude late morning on March 2, 2011. And Whereas Members of Council for the Township of Oro - Medonte will be attending the 2011 ROMA/OGRA Conference. And Whereas the Township or Oro - Medonte Council Meeting of March 2, 2011 is scheduled to commence with the Closed Session at 9:00 a.m. and the Open Session at 10:00 a.m. in accordance with Procedural By -law No. 2011 -011. And Whereas Council deems it appropriate to reschedule the commencement hour of the March 2, 2011 Council meeting to enable all Members of Council to be in attendance. Now Therefore be it resolved that the March 2, 2011 Council meeting commence with the Closed Session at 1:00 p.m. and the Open Session at 2:00 p.m. And That notice of the rescheduling of the March 2, 2011 Council meeting commencement hour be posted in accordance with Section 3.2 i) of Procedural By -Law No. 2011 -011. Carried. Page 7 of 13 Council Minutes — February 23, 2011 Motion No. C110223 -13 Moved by Evans, Seconded by Crawford Be it resolved that Rule 3.7 of Procedural By -law 2011 -011 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 10:00 p.m. Carried. e) Report No. TES 2011 -01, Jerry Ball, Director of Transportation and Environmental Services, re: Medonte Hills Water Plant Upgrade. Motion No. C110223 -14 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. TES2011 -01, Jerry Ball, Director of Transportation and Environmental Services, re: Medonte Hills Water Plant Upgrade be received and adopted. 2. That the Medonte Hills Water Plant Upgrades tender be awarded to K. Knight Contracting Orillia, in the amount of $633,868.00 plus HST. 3. And That the Clerk bring forward the appropriate by -law. Carried. f) Report No. DS 2011 -04, Andria Leigh, Director of Development Services re: OMEGA — Review of Mandate and Committee Composition [deferred from February 9, 2011 meeting and to be brought forward to March 2, 2011 meeting]. Motion No. C110223 -15 Moved by Lancaster, Seconded by Crawford Be it resolved that Report No. DS 2011 -04, Andria Leigh, Director of Development Services re: OMEGA — Review of Mandate and Committee Composition be brought forward to the March 2, 2011 Council meeting. Carried. Page 8 of 13 Council Minutes — February 23, 2011 11. REPORTS OF MEMBERS OF COUNCIL: a) Deputy Mayor Hough, re: Treasure Hunt Day in Oro - Medonte Motion No. C110223 -16 Moved by Coutanche, Seconded by Meyer Be it resolved that the verbal information presented by Deputy Mayor Hough, re: Treasure Hunt Day in Oro - Medonte be received and brought forward to a future meeting. Carried. 12. CONSENT AGENDA: a) Announcements of Interest to the Public - None. b) Minutes of Barrie Library Board meeting held on December 16, 2010. Staff Recommendation: Receive. c) Highlights of Nottawasaga Valley Conservation Authority meeting held on January 28, 2011. Staff Recommendation: Receive. d) Correspondence dated February 8, 2011 from Wayne Wilson, CAO, Nottawasaga Valley Conservation Authority, re: Reduction in Municipal Representation on the NVCA Board of Directors. Staff Recommendation: Receive. e) Correspondence dated February 11, 2011 from Premier Dalton McGuinty, re: Correspondence dated November 5, 2010 from the United Counties of Stormont, Dundas and Glengarry, re: Farmland and Managed Forest Component of the Ontario Municipal Partnership Fund (OMPF). Staff Recommendation: Receive. f) Correspondence dated February 12, 2011 from Clinton Shane Ekdahl, re: Request to Proclaim May 29, 2011 as "Day of the Honey Bee ". Staff Recommendation: Receive. Page 9 of 13 Council Minutes — February 23, 2011 Motion No. C110223 -17 Moved by Crawford, Seconded by Lancaster Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed. a) Announcements of Interest to the Public - None. b) Highlights of Nottawasaga Valley Conservation Authority meeting held on January 28, 2011. Received. c) Highlights of Nottawasaga Valley Conservation Authority meeting held on January 28, 2011. Received. d) Correspondence dated February 8, 2011 from Wayne Wilson, CAO, Nottawasaga Valley Conservation Authority, re: Reduction in Municipal Representation on the NVCA Board of Directors. Received. e) Correspondence dated February 11, 2011 from Premier Dalton McGuinty, re: Correspondence dated November 5, 2010 from the United Counties of Stormont, Dundas and Glengarry, re: Farmland and Managed Forest Component of the Ontario Municipal Partnership Fund (OMPF). Received. f) Correspondence dated February 12, 2011 from Clinton Shane Ekdahl, re: Request to Proclaim May 29, 2011 as "Day of the Honey Bee ". Received. Carried. Motion No. C110223 -18 Moved by Lancaster, Seconded by Evans Be it resolved that an exemption to the Township's Proclamations Policy POL- ADM -03 be granted to Proclaim May 29, 2011, as "Day of the Honey Bee" for educational purposes. Carried. Page 10 of 13 Council Minutes — February 23, 2011 13. COMMUNICATIONS: a) Correspondence dated February 3, 2011 from Glenn Meeuwisse, Pulse Racing Inc., re: Request for Partial Road Closure, Line 6 North, North of Old Barrie Road on July 23, 2011. Motion No. C110223 -19 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated February 3, 2011 from Glenn Meeuwisse, Pulse Racing Inc., re: Request for Partial Road Closure, Line 6 North, North of Old Barrie Road on July 23, 2011 be received. 2. That the applicant liaise with the Director of Transportation and Environmental Services and the Chief Municipal Law Enforcement Officer with respect to signage and parking. 3. That the applicant provide proof of insurance naming the Township of Oro - Medonte as an additional insured in the amount of $2,000,000.00. 4. That the applicant provides appropriate notification to local residents and businesses affected. 5. That the applicant liaise with the Oro - Medonte Chamber of Commerce to promote local businesses and area accommodations. 6. And That applicant be advised of Council's decision under the Director of Corporate Services /Clerk's signature. Carried. b) Correspondence dated February 14, 2011 from Isabel Galbraith, re: Request for Exemption to By -law 2008 -159, A By -law to Regulate the Removal and Piling of Snow within the Township of Oro - Medonte. Motion No. C110223 -20 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated February 14, 2011 from Isabel Galbraith, re: Request for Exemption to By -law 2008 -159, A By -law to Regulate the Removal and Piling of Snow within the Township of Oro - Medonte be received. 2. That the request for an exemption to By -Law No. 2008 -159, "A By -Law to Regulate the Removal and Piling of Snow within the Township of Oro - Medonte" to permit 2814 Lakeshore Road East to deposit snow on the lakeside be denied. 3. And That the applicant be advised of Council's decision under the Director of Corporate Services /Clerk's signature Defeated. Page 11 of 13 Council Minutes — February 23, 2011 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: a) By -Law No. 2011 -027 A By -law to Continue an Accessibility Advisory Committee And to Repeal By -law Nos. 2007 -002 and 2007 -019. b) By -Law No. 2011 -032 A By -law to Appoint Representatives to the Lake Simcoe Regional Airport Board of Directors And to Repeal By -law No. 2010 -122. c) By -Law No. 2011 -033 A By -law to authorize the execution of a Tax Arrears Extension Agreement. Motion No. C110223 -21 Moved by Evans, Seconded by Crawford Be it resolved that the following by -laws: a) By -Law No. 2011 -027, A By -law to Continue an Accessibility Advisory Committee And to Repeal By -law Nos. 2007 -002 and 2007 -019. b) By -Law No. 2011 -032, A By -law to Appoint Representatives to the Lake Simcoe Regional Airport Board of Directors And to Repeal By -law No. 2010 -122. c) By -Law No. 2011 -033, A By -law to authorize the execution of a Tax Arrears Extension Agreement. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): Page 12 of 13 Council Minutes — February 23, 2011 18. CONFIRMATION BY -LAW: a) By -Law No. 2011 -026 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, February 23, 2011. Motion No. C110223 -22 Moved by Coutanche, Seconded by Meyer Be it resolved that By -Law No. 2011 -026, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, February 23, 2011 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C110223 -23 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 10:26 p.m. Carried. Page 13 of 13