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06 08 2011 Council Minutesorur Broad Hertrrrgr, bxciiiq Firtrrre Wednesday, June 8, 2011 TIME: 6:04 P.M. 2010 - 2014 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Mel Coutanche Staff Present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Donna Hewitt, Director of Corporate & Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Janette Teeter, Deputy Clerk Also Present: Sue Roehner, Gord Roehner, Ann Truyens, Nancy Musicco, Garth Daniels, Robert Venton 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. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C110608 -1 Moved by Lancaster, Seconded by Meyer Be it resolved that pursuant to Section 15d) Council does hereby waive the provisions of Procedural By -law 2011 -011 to permit a deputation by Robert Venton, re: Jazz in the Park Events at Bayview Memorial Park, Summer 2011. Carried. THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers Page 1 of 16 Council Meeting Minutes — June 8, 2011 Motion No. C110608 -2 Moved by Lancaster, Seconded by Meyer Be it resolved that the agenda for the Council meeting of Wednesday, June 8, 2011 be received and adopted, as amended, to add Item 9a) Robert Venton, re: Jazz in the Park Events at Bayview Memorial Park, Summer 2011 and withdraw Item 4c), Andria Leigh, Director of Development Services re: Acquisition /disposition of land (Affordable Housing) to be brought forward to the June 22 meeting. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C110608 -3 Moved by Lancaster, Seconded by Crawford Be it resolved that we do now go in Closed Session at 6:06 p.m. to discuss • acquisition /disposition of land; • solicitor - client privilege; • personal matters affecting an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. C110608 -4 Moved by Meyer, Seconded by Lancaster Be it resolved that we do now Rise at 6:57 p.m. and Recess until 7:00 p.m. at which time we shall Report on the Closed Session Items 4d) Robin Dunn, CAO, re: Solicitor - client privilege (Legal Opinion), 4e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management Update), 4f) Doug Irwin, Director of Corporate Services /Clerk re (Ingram Road Lands), 4g) Doug Irwin, Director of Corporate Services /Clerk re (Foxmead Road). Acquisition /disposition of land Acquisition /disposition of land Carried. Page 2 of 16 Council Meeting Minutes — June 8, 2011 c) Andria Leigh, Director of Development Services, re: Acquisition /disposition of land (Affordable Housing) [from June 1, 2011 ]. This item was withdrawn. d) Robin Dunn, Chief Administrative Officer, re: Solicitor - client privilege (Legal Opinion) [from June 1 meeting]. The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Janette Teeter, Deputy Clerk. Motion No. C110608 -5 Moved by Lancaster, Seconded by Meyer Be it resolved that the confidential correspondence dated June 2, 2011 from Chris Williams, Aird & Berlis LLP and presented by Robin Dunn, Chief Administrative Officer, re: Solicitor - client privilege (Legal Opinion) be received. Carried. e) Robin Dunn, Chief Administrative Officer re: Personal matters about an identifiable individual (Performance Management Update). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Janette Teeter, Deputy Clerk. Motion No. C110608 -6 Moved by Crawford, Seconded by Lancaster Be it resolved that the confidential correspondence dated June 8, 2011 and presented by Robin Dunn, Chief Administrative Officer re: Personal matters about an identifiable individual (Performance Management Update) be received. Carried. Page 3 of 16 Council Meeting Minutes — June 8, 2011 f) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Ingram Road Lands). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Janette Teeter, Deputy Clerk. Motion No. C110608 -7 Moved by Evans, Seconded by Crawford Be it resolved 1. That Confidential Report No. CS2011 -013, Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Ingram Road Lands) be received and adopted. 2. That the Township Solicitor be authorized to proceed as required to resolve the title issues associated with the Township lands. 3. That staff proceed as directed by Council. 4. That the portion of Ingram Road between Line 3 North and Line 4 North, identified as Part of PIN 58526 -0003 (LT), more particularly described as Parts 2, 3, 4, 5, 9, 10, 11 and 13 Plan 51 R -37934 and Part 1, Plan 51 R -37937 be permanently closed. 5. That the portion of Ingram Road between Line 3 North and Line 4 North be established and assumed on the lands more particularly described as Parts 4, 6, 10, and 11, Plan 51 R -37934 and Part 1, Plan 51 R- 37937. 6. And that the Clerk bring forward the appropriate by -law for Council's consideration. Carried. g) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Foxmead Road Lands). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Janette Teeter, Deputy Clerk. Motion No. C110608 -8 Moved by Meyer, Seconded by Lancaster Be it resolved 1. That Confidential Report No. CS 2011 -14, Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Foxmead Road Lands) be received and adopted. 2. That staff be authorized to advise the abutting property owners of the circumstances of the said land. 3. And that staff report back to Council with respect to the abutting property owners desire to acquire the said lands. Carried. Page 4 of 16 Council Meeting Minutes — June 8, 2011 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on June 1, 2011. Motion No. C110608 -9 Moved by Evans, Seconded by Crawford Be it resolved that the draft minutes of the Council meeting held on Wednesday, June 1, 2011 be adopted as printed and circulated. Carried. b) Minutes of Oro - Medonte History Association meeting held on April 13, 2011. Motion No. C110608 -10 Moved by Lancaster, Seconded by Meyer Be it resolved that the minutes of the Oro - Medonte History Association meeting held on April 13, 2011 be received. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. Page 5 of 16 Council Meeting Minutes — June 8, 2011 9. DEPUTATIONS: a) Robert Venton, re: Jazz in the Park Events at Bayview Memorial Park, Summer 2011. Motion No. C110608 -11 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence from Robert Venton re: Jazz in the Park Events at Bayview Memorial Park, Summer 2011 be received. 2. That the request to utilize Bayview Memorial Park on Thursday evenings commencing July 7, 2011 up to 8 weeks to host Jazz in the Park concert series be approved. 3. And That the Director of Recreation and Community Services liaise with the applicant accordingly. Carried. 10. REPORTS OF MUNICIPAL OFFICERS: a) Hugh Murray, Deputy Fire Chief, memorandum correspondence dated June 1, 2011 re: CMT Music Festival, Burl's Creek Family Event Park, August 26 -28, 2011. Motion No. C110608 -12 Moved by Meyer, Seconded by Lancaster Be it resolved that the memorandum correspondence dated June 1, 2011 from Hugh Murray, Deputy Fire Chief, re: CMT Music Festival, Burl's Creek Family Event Park, August 26 -28, 2011 be received. Carried. Page 6 of 16 Council Meeting Minutes — June 8, 2011 b) Report No. RC 2011 -11, Shawn Binns, Director of Recreation and Community Services re: Administration Centre Walkways [to be distributed at meeting]. Motion No. C110608 -13 (Amendment) Moved by Lancaster, Seconded by Crawford Be it resolved that the motion with respect to Report No. RC2011 -12, Shawn Binns, Director of Recreation and Community Services re: Tender RC2011 -01 Administration Centre Walkway be amended to delete #3 and replace with: "3. That the additional funding requirements beyond the 2011 budget allocation be financed from the Accessibility Reserve Fund and the Budget Stabilization Fund, including the costs associated with the Engineering and Inspection." Carried. Motion No. C110608 -14 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. RC2011 -12, Shawn Binns, Director of Recreation and Community Services re: Tender RC2011 -01 Administration Centre Walkway be received and adopted. 2. That tender contract RC2011 -01 be awarded to Morris Shelswell and Sons in the amount of $32,555.30 (inclusive of HST). 3. That the additional funding requirements beyond the 2011 budget allocation be financed from the Accessibility Reserve Fund and the Budget Stabilization Fund, including the costs associated with the Engineering and Inspection. 4. And That the Clerk bring forward the applicable by -law for Council's consideration. Carried as Amended. Page 7 of 16 Council Meeting Minutes — June 8, 2011 c) Robin Dunn, Chief Administrative Officer, correspondence from Ministry of Municipal Affairs and Housing re: Notice to AMO 2011 Conference Delegates. Motion No. C110608 -15 Moved by Meyer, Seconded by Lancaster Be it resolved 1. That the correspondence from the Ministry of Municipal Affairs and Housing and presented by Robin Dunn, Chief Administrative Officer, re: Notice to AMO 2011 Conference Delegates be received. 2. And further that staff be authorized to proceed accordingly as directed by Council to submit Delegation requests to: 1. Ministry of Economic Development, 2. Ministry of Tourism, 3. Ministry of Infrastructure and 4. Ministry of Education. Carried. d) Report No. CS 2011 -011, Doug Irwin, Director of Corporate Services /Clerk, re: Common Interest Committee — Terms of Reference [deferred from May 18, 2011 meeting]. Motion No. C110608 -16 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. CS 2011 -011, Doug Irwin, Director of Corporate Services /Clerk, re: Common Interest Committee — Terms of Reference be received and adopted. 2. And That the Township of Oro - Medonte's representatives on the Common Interest Committee convey Council's preferred option with respect to the operation of the Committee, being Option #1 as identified in the Draft Report to the Common Interest Committee. Defeated. Page 8 of 16 Council Meeting Minutes — June 8, 2011 e) Doug Irwin, Director of Corporate Services /Clerk re: Council Representation for: • Recreation Technical Support Group, • Accessibility Advisory Committee, • Environmental Roundtable. Motion No. C110608 -17 Moved by Lancaster, Seconded by Meyer Be it resolved 1. That Councillors Lancaster and Meyer be appointed as the Council Representatives for the Recreation Technical Support Group. 2. That Councillor Meyer be appointed as Chair for the 2011 -2012 term. 3. And That the appropriate by -law be brought forward for Council's consideration. Carried. Motion No. C110608 -18 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That Councillor Lancaster be appointed as the Council Representative for the Accessibility Advisory Committee 2. That the Council Representative be appointed Chair for the 2011 -2012 term. 3. And That the appropriate by -law be brought forward for Council's consideration. Carried. Motion No. C110608 -19 Moved by Meyer, Seconded by Lancaster Be it resolved that Councillors Crawford and Lancaster be appointed as the Council Representatives for the Environmental Roundtable for the 2011 -2012 term. Carried. Motion No. C110608 -20 Moved by Evans, Seconded by Crawford Be it resolved that Mayor H.S. Hughes be appointed to the Barrie Area Physician Recruitment Committee. Carried. Page 9 of 16 Council Meeting Minutes — June 8, 2011 11. REPORTS OF MEMBERS OF COUNCIL: None. 12 CONSENT AGENDA: a) Announcements of Interest to the Public. 1. Correspondence from The Ontario Family Fishing Weekend Steering Committee, re: Ontario Family Fishing Week, July 2 -10, 2011. b) Minutes of Nottawasaga Valley Conservation Authority meeting held on April 29, 2011. Staff Recommendation: Receive. c) Nottawasaga Valley Conservation Authority, re: Financial Statements for the Year ended December 31, 2010. Staff Recommendation: Receive. d) Lake Simcoe Region Conservation Authority, minutes of meeting held on April 29, 2011 and highlights of meeting held on May 27, 2011. Staff Recommendation: Receive. e) Correspondence dated May 26, 2011 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority re: LSRCA's Natural Heritage System Land Securement Project 2011 -2015. Staff Recommendation: Receive. f) Correspondence dated May 24, 2011 from Dalton McGuinty, Premier, re: City of Oshawa Resolution, School Board's Declaration of Voting Day as a Professional Activity Day. Staff Recommendation: Receive. g) Correspondence dated May 27, 2011 from Andrea Samad, Technical Standards & Safety Authority (TSSA) re: Hazard Distance Information for Filling /Plan /Container Refill Centre at 1490 Hwy 11, Shanty Bay, The Hitch House Inc. Staff Recommendation: Receive. Page 10 of 16 Council Meeting Minutes — June 8, 2011 Motion No. C110608 -21 Moved by Meyer, 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. 1. Correspondence from The Ontario Family Fishing Weekend Steering Committee, re: Ontario Family Fishing Week, July 2 -10, 2011. b) Minutes of Nottawasaga Valley Conservation Authority meeting held on April 29, 2011. r Received. c) Nottawasaga Valley Conservation Authority, re: Financial Statements for the Year ended December 31, 2010. Received. d) Lake Simcoe Region Conservation Authority, minutes of meeting held on April 29, 2011 and highlights of meeting held on May 27, 2011. Received. e) Correspondence dated May 26, 2011 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority re: LSRCA's Natural Heritage System Land Securement Project 2011 -2015. Received. f) Correspondence dated May 24, 2011 from Dalton McGuinty, Premier, re: City of Oshawa Resolution, School Board's Declaration of Voting Day as a Professional Activity Day. Received. g) Correspondence dated May 27, 2011 from Andrea Samad, Technical Standards & Safety Authority (TSSA) re: Hazard Distance Information for Filling /Plan /Container Refill Centre at 1490 Hwy 11, Shanty Bay, The Hitch House Inc. Received. Carried. 13. COMMUNICATIONS: a) Correspondence dated May 18, 2011 from Information and Privacy Commissioner of Ontario re: Notice of Order MO -2624. Motion No. C110608 -22 Moved by Evans, Seconded by Crawford Be it resolved that the correspondence dated May 18, 2011 from Information and Privacy Commissioner of Ontario re: Notice of Order MO -2624 be received. Carried. Page 11 of 16 Council Meeting Minutes — June 8, 2011 b) Correspondence dated May 16, 2011 from Kevin Toth, President & Chief Operating Officer, Skyline Hotels & Resorts, Horseshoe Resort, re: Canada Day Weekend Celebrations, 2011. Motion No. C110608 -23 Moved by Lancaster Seconded by Meyer Be it resolved 1. That the correspondence dated May 16, 2011 from Kevin Toth, President & Chief Operating Officer, Skyline Hotels & Resorts, Horseshoe Resort, re: Canada Day Weekend Celebrations, 2011 be received. 2. That the Township support the Canada Day Celebrations with funding in the amount of $5,000 as approved in the 2011 Budget. 3. And Further That the Director of Recreation and Community Services advise Horseshoe Resort accordingly. Carried. c) Correspondence dated April 27, 2011 from Slawko Borys, President, Ukrainian National Federation of Canada, Toronto Branch, re: Request for Noise By -Law Exemption - Summer 2011. Motion No. C110608 -24 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated April 27, 2011 from Slawko Borys, President, Ukrainian National Federation of Canada, Toronto Branch, re: Request for Noise By- Law Exemption -Summer 2011 be received. 2. That Council waives the provisions of Section 4 of By -Law No. 2009 -024 requiring the Municipal Law Enforcement Officer to prepare a report to Council prior to the event. 3. That an exemption be granted to the Township Noise By -law to the Ukrainian Camp for the events scheduled for the July 2, August 6 and September 3, 2011 on the provision that all activities at the dance location be concluded promptly at 12:00 a.m. (midnight) including the band reducing the volume at 11:00 p.m. 4. That the Ukrainian Camp liaise and provide the Municipal Law Enforcement Division with the names and contact telephone numbers of individuals who will be in charge during the events, to allow the Township to contact them should issues arise. 5. That the applicant provides appropriate notification and liaise with the Ontario Provincial Police, Oro - Medonte Township Fire & Emergency Services, local residents and businesses affected. 6. And That the applicant be notified of Council's decision under the Director of Corporate Services /Clerk's decision. Carried. Page 12 of 16 Council Meeting Minutes — June 8, 2011 d) Correspondence dated April 27, 2011 from Slawko Borys, President, Ukrainian National Federation of Canada re: Sokil Subdivision - Hawkestone. Motion No. C110608 -25 Moved by Meyer, Seconded by Lancaster Be it resolved that the correspondence dated April 27, 2011 from Slawko Borys, President, Ukrainian National Federation of Canada re: Sokil Subdivision - Hawkestone be received. Carried. e) Correspondence dated May 13 and 31, 2011 from Bratty and Partners LLP re: Modco Investments Ltd., Part of Block D, Plan M -8, designated as Part 1 on Plan 51 R -37175 and Part of Block A, Plan M -9, designated as Part 1 on Plan 51 R- 37479, Township of Oro - Medonte. Motion No. C110608 -26 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated May 13 and 31, 2011 from Bratty and Partners LLP re: Modco Investments Ltd., Part of Block D, Plan M -8, designated as Part 1 on Plan 51 R -37175 and Part of Block A, Plan M -9, designated as Part 1 on Plan 51 R- 37479, Township of Oro - Medonte be received. 2. That the Township of Oro - Medonte consents to the Release and Abandonment of Easements on PINs 74057- 0571(LT) and 74057- 0573(LT). 3. That the Mayor and Clerk be authorized to execute the Authorization and Direction for the Release and Abandonment. 4. And That the Director of Development Services notify the applicant of Council's decision. Carried. Page 13 of 16 Council Meeting Minutes —June 8, 2011 f) Correspondence dated June 2, 2011 from Michelle MacFarlane, on behalf of the West Oro Baptist Church Cemetery Board re: Request for Resolution for Cemeteries Regulation Unit of the Ministry of Consumer Services, By -Law No. 2008 -018, Concession 5, West Part of Lot 5 (Oro), 2815 Line 4 North. Motion No. C110608 -27 Moved by Lancaster, Seconded by Meyer Whereas the Committee of Adjustment of the Township of Oro - Medonte approved, at its meeting on October 18, 2007, Consent Application 2007 -B -30 which was a boundary adjustment of a 0.04 hectare parcel of land to be added to 1058 Bass Lake Side Road West (West Oro Baptist Church Cemetery) for the purposes of expansion to the cemetery lands. And Whereas the Council of the Township of Oro - Medonte approved, at its meeting on February 27, 2008, By -law 2008 -018, which rezoned the lands subject to the boundary adjustment to the Institutional (1) Zone which includes as a permitted use Cemeteries. Now Therefore, Be it Resolved that the Township of Oro - Medonte does hereby support the 0.04 hectare expansion of the West Oro Baptist Church Cemetery located at 1058 Bass Lake Side Road West in the Township of Oro - Medonte with such expansion being located to the northwest of the existing cemetery as approved by the Township of Oro - Medonte Committee of Adjustment decision and the Council decisions. Carried. 14. NOTICE OF MOTIONS: None. Page 14 of 16 Council Meeting Minutes —June 8, 2011 15 BY -LAWS: a) By -Law No. 2011 -089 A By -law to Appoint Representatives to the Oro - Medonte Accessibility Advisory Committee (AAC). b) By -Law No. 2011 -090 A By -law to Appoint Representatives to the Oro - Medonte Recreation Technical Support Group (RTSG). c) By -Law No. 2011 -091 A By -law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte (Agreement #11459). Motion No. C110608 -28 Moved by Evans, Seconded by Crawford Be it resolved that the following by -laws: a) By -Law No. 2011 -089 A By -law to Appoint Representatives to the Accessibility Advisory Committee (AAC), b) By -Law No. 2011 -090 A By -law to Appoint Representatives to the Recreation Technical Support Group (RTSG), c) By -Law No. 2011 -091 A By -law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte (Agreement #11459), 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 15 of 16 Council Meeting Minutes — June 8, 2011 18 CONFIRMATION BY -LAW: a) By -Law No. 2011 -088 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, June 8, 2011. Motion No. C110608 -29 Moved by Meyer, Seconded by Lancaster Be it resolved that By -Law No. 2011 -088, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, June 8, 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. C110608 -30 Moved by Crawford, Seconded by Meyer Be it resolved that we do now adjourn at 9:17 p.m. Carried. Page 16 of 16