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09 16 2015 Sp Council Meeting MinutesTowytsI ' o f Proud Heritage, Exciting Future Wednesday, September 16, 2015 The Township of Oro-Medonte Special Council Meeting Minutes Council Chambers 2014-2018 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Barbara Coutanche Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford Councillor Scott Jermey Time: 9:35 a.m. Staff Robin Dunn, Chief Administrative Officer; Doug Irwin, Director, Corporate Present: Services/Clerk; Andria Leigh, Director, Development Services; Darcy Brooke-Bisschop, Coordinator, Economic Development/Communications; John Mascarin, Aird & Berlis LLP (via teleconference) Also Galen Lam, Ron Sillick Present: 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. SC150916-1 Moved by Coutanche, Seconded by Macpherson Be it resolved that the agenda for the Special Council meeting of Wednesday, September 16, 2015 be received and adopted. Carried. Page 1 of 7 r� �7 1' Special Council Meeting Minutes — Wednesday, September 16, 2015. 3. Disclosure of Pecuniary Interest: Mayor H.S. Hughes declared a pecuniary interest on Item 6c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek) as his grandson, who is now a teenager, has lived in his household continuously since he was 6 months old. His biological parents do not. He began employment with the former owner of Burl's Creek in September, 2014. His grandson worked at the June and September 2015 Automotive Flea Market and anticipates continuing to work for the former owner. Mayor Hughes subsequently learned that the application for zoning impacts the former owner. The former owner has an agreement to continue operating the Flea Market on lands within the zoning application. Hence, the financial impact for his grandson is extended by the Act to include him as an elected official. Mayor H.S. Hughes was not present for this item and did not participate in the discussion or vote on this item. 4. Reports of Municipal Officers: a) Report No. DS2015-091, Andria Leigh, Director, Development Services re: Subdivision Agreement and Final Approval for Turtle River Residential Development (Bachly Investments Inc.), PCL 1-1 Sec 51 -ORO -14; Pt Lt 1 Con 14 Oro Pts 1, 2, & 3 51 R22639; S/T Oro17148; being all of PIN 58531-0102 (LT), Township of Oro-Medonte, County of Simcoe; Application: 43 -OM -93003 [Refer to Item 5a)]. Motion No. SC150916-2 Moved by Jermey, Seconded by Crawford Be it resolved 1. That Report No. DS2015-091, Andria Leigh, Director, Development Services re: Subdivision Agreement and Final Approval for Turtle River Residential Development (Bachly Investments Inc.), PCL 1-1 Sec 51 -ORO -14; Pt Lt 1 Con 14 Oro Pts 1, 2, & 3 51 R22639; S/T Oro17148; being all of PIN 58531-0102 (LT), Township of Oro- Medonte, County of Simcoe; Application: 43 -OM -93003 be received and adopted. 2. That the Township of Oro-Medonte enters into a Subdivision Agreement with Bachly Investments Inc. 3. That the appropriate By-law be brought forward for Council's consideration to enter into a Subdivision Agreement with Bachly Investments Inc. 4. And that the applicant be advised of Council's decision under the Director, Development Services' signature. Carried. Page 2 of 7 Special Council Meeting Minutes — Wednesday, September 16, 2015. b) Report No. DS2015-092, Andria Leigh, Director, Development Services re: Draft Plan Approval, Plan of Subdivision Application 43 -OM -90082, 2063334 Ontario Inc. (Meadow Acres) — Concession 13, East Part of Lot 5, RP 51 R-29091, Parts 1-3, and 4-6, Township of Oro-Medonte (Medonte). Motion No. SC150916-3 Moved by Crawford, Seconded by Jermey Be it resolved 1. That Report No. DS2015-092, Andria Leigh, Director, Development Services re: Draft Plan Approval, Plan of Subdivision Application 43 -OM -90082, 2063334 Ontario Inc. (Meadow Acres) — Concession 13, East Part of Lot 5, RP 51 R-29091, Parts 1-3, and 4-6, Township of Oro-Medonte (Medonte) be received and adopted. 2. That Draft Plan Approval for the lands proposed to be subdivided by 2063334 Ontario Inc., known as Meadow Acres, for a 71 lot residential development be approved subject to the draft plan conditions set out in Schedule 3 of Report No. DS2015-092. 3. And That the developer be advised of Council's decision under the Director, Development Services' signature. Carried. c) Report No. DS2015-093, Andria Leigh, Director, Development Services re: Consent Application 2015-B-21 (Validation of Title), Dianne Beaton, 3581 Line 8 North, Con 9, W Pt Lot 2 and Con 9, W Pt Lot 1 RP 51 R-36846 Pt 1 (Medonte). Council consented to permit Ron Sillick to speak on the matter. Motion No. SC150916-4 Moved by Hall, Seconded by Crawford Be it resolved 1. That Report No. DS2015-093, Andria Leigh, Director, Development Services re: Consent Application 2015-B-21 (Validation of Title), Dianne Beaton, 3581 Line 8 North, Con 9, W Pt Lot 2 and Con 9, W Pt Lot 1 RP 51 R-36846 Pt 1 (Medonte) be received and adopted. 2. That Council deny Consent Application 2015-B-21 for Validation of Title on the basis that the application does not satisfy the requirements of Section 57(6) of the Planning Act, R.S.O. 1990, c.P. 13, with respect to conformity to the County of Simcoe Official Plan. 3. And That the applicant be advised of Council's decision under the Director, Development Services signature. Defeated. Page 3 of 7 Special Council Meeting Minutes — Wednesday, September 16, 2015. Motion No. SC150916-5 Moved by Jermey, Seconded by Crawford Be it resolved 1. That Report No. DS2015-093, Andria Leigh, Director, Development Services re: Consent 2015-B-21 Dianne Beaton, 3581 Line 8 North, Con 9, W Pt Lot 2 and Con 9, W Pt Lot 1 RP 51 R-36846 Pt 1 (Medonte) be received. 2. That Consent Application 2015-B-21 for Validation of Title, Dianne Beaton, 3581 Line 8 North, Con 9, W Pt Lot 2 and Con 9, W Pt Lot 1 RP 51 R-36846 Pt 1 (Medonte), Township of Oro-Medonte be approved. 3. That the following conditions be imposed on Council's decision: a. That the applicant's solicitor prepare and submit a copy of the proposed Certificate of Validation for the subject parcel, for review by the Municipality; and b. That the conditions of consent imposed by Council be fulfilled within one year from the date of the giving of the notice. 4. And That the applicant be advised of Council's decision under the Director, Development Services' signature. Carried. 5. By -Laws: a) By -Law No. 2015-145: A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Bachly Investments Inc. (Turtle River). Motion No. SC150916-6 Moved by Coutanche, Seconded by Macpherson Be it resolved that a) By -Law No. 2015-145: A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Bachly Investments Inc. (Turtle River) be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 4 of 7 Special Council Meeting Minutes — Wednesday, September 16, 2015. 6. Closed Session Items: a) Motion to go In Closed Session. Motion No. SC150916-7 Moved by Jermey, Seconded by Crawford Be it resolved that we do now go in Closed Session at 10:01 a.m. to discuss • Litigation affecting the municipality (Burl's Creek). Carried. b) Motion to Rise and Report. Motion No. SC150916-8 Moved by Macpherson, Seconded by Hall Be it resolved that we do now Rise at 10:54 a.m. and Report on the Closed Session Item 6c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). Carried. Page 5 of 7 Special Council Meeting Minutes — Wednesday, September 16, 2015. c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). Mayor H.S. Hughes declared a pecuniary interest on Item 6c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek) as his grandson, who is now a teenager, has lived in his household continuously since he was 6 months old. His biological parents do not. He began employment with the former owner of Burl's Creek in September, 2014. His grandson worked at the June and September 2015 Automotive Flea Market and anticipates continuing to work for the former owner. Mayor Hughes subsequently learned that the application for zoning impacts the former owner. The former owner has an agreement to continue operating the Flea Market on lands within the zoning application. Hence, the financial impact for his grandson is extended by the Act to include him as an elected official. Mayor H.S. Hughes was not present for this item and did not participate in the discussion or vote on this item. Deputy Mayor Hough assumed the Chair. Council moved to the Neufeld Room for Item 6c). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director, Corporate Services/Clerk; Andria Leigh, Director, Development Services; Darcy Brooke-Bisschop, Coordinator, Economic Development/Communications; John Mascarin, Aird & Berlis LLP (via teleconference). Motion No. SC150916-9 Moved by Crawford, Seconded by Jermey Be it resolved that the confidential correspondence dated September 10 and 15, 2015 and presented by Robin Dunn, CAO and John Mascarin, Aird & Berlis LLP re: Litigation affecting the municipality (Burl's Creek) be received. Carried. Mayor H.S. Hughes assumed the Chair. 7. Questions from the Public Clarifying an Agenda Item: Page 6 of 7 j., Special Council Meeting Minutes — Wednesday, September 16, 2015. 8. Confirmation By -Law: a) By-law No. 2015-164: Being a By -Law to Confirm the Proceedings of the Special Council Meeting held on Wednesday, September 16, 2015. Motion No. SC150916-10 Moved by Macpherson, Seconded by Coutanche Be it resolved that By -Law No. 2015-164: Being a by-law to confirm the proceedings of the Special Council meeting held on Wednesday, September 16, 2015 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 9. Adjournment: a) Motion to Adjourn. Motion No. SC150916-11 Moved by Jermey, Seconded by Crawford Be it resolved that we do now adjourn at 10:57 a.m. FE QRIAI.AA.Ii&�'9 Hughes Carried. Page 7 of 7