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02 01 1995 Council Minutes ~ CORPORAI'IOR OJ' ~ 'fOWRSJIIP OJ' oaO-1IBJ)()ftB COUNCIL KBftING WBDNBSDAY, PBBlUJARY 1, lttS . 7:00 P.K. - COUNCIL CDKBDS "BNTK KBftING ltt4-1"7 COUNCIL Council met this evening present: @ 7:00 p.m. with the following e Mayor Ian Beard Deputy Mayor Murray Martin Councillor Walter Dickie Councillor Neil Craig Councillor Larry Cotton Councillor Ron Sommers Councillor Don Bell staff Present: Gary Cunnington, C.A.O. Also Present Was: John Rideout, Detachment Commander O.P.P., Linda Baker, Allan Baker, E. M. Hall, John Hare, Len Robson, Bill Wilkins, Lynda Roe, Jim Cowe, Alastair Crawford, Tim Crawford, Shirley Woodrow, Ralph Cipola, Velma Hogendoorn, Basil Hogendoorn Jack Fountain, Gary Thiess, David Burton, Bob Shultz, Brian Greasley Gary Bell, Lawrence st. Pierre. Mayor Ian Beard assumed the chair and called the meeting to order. 1. "DISCLOSURE OP PECUNIARY INTEREST AND THE THEREOF. - IN ACCORDANCE WITH THE ACT" Councillor Walter Dickie declared a potential pecuniary interes with agenda item 8 (d) City of Orillia, proposed 911 budget fo Oro-Medonte. The nature being Councillor Dickie is the owner 0 Muskoka Medical Home Alert which provides emergency communicatio response. Councillor Dickie vacated his chair and left the roo and did not vote or participate on the resolution. 2. DEPUTATIONS: (a) 7: 30 p.m. Mr. Lawrence st. pierre appeare before Council regarding Hearing fo Complaint on Imposition 0 Development Charge, Part Lot 22, Concession 6 (Oro). Mr. st. pierr was provided the opportunity for Hearing, pursuant to the Developmen Charges Act stating his objection t the application of the DCA Fee 0 his property at time of issuance 0 a building permit for a singl family dwelling in July 1994. Mr. st. Pierre advised that the lo had been in existence since 1867 an until an undetermined date in tim (approximately 1960-70) there di exist a home. Therefore he fel that the charge was inappropriatel applied as the need for additiona services was not justified and tha such use had directly bee recognized in the past, and that i should only pertain to "new' I development. e 2. DEPUTATIONS CONTINUED: e (b) 8:00 p.m. e - 2 - I I Council explained that a DCA fee wa~j applicable to newly created lots an existing properties at the time 0 building permit stage as the DCA By law 91-91 and Provincial legislatio provided for. Mr. st. pierre i given an opportunity to appeal t the OMB and that he would b provided a copy of the DCA stud which would more specifically detai the basis upon which the fee wa established based on the impacts 0 such services as roads, recreation, fire and administration. Bob Shultz, President, Gold Mountai springs; Brian Greasley, Solicitor; Gary Bell, Planner, Skelto Brumwell, addressed Counci regarding Gold Mountain spring Proposal (pt Lot 3, Conc. 10 - Oro). Mr. Shultz provided a brief overvie on the status of a proposal to buil a water bottling plant for whic the Public Meeting on the Officia Plan Amendment and Zoning By-la Amendment was held on November 30 1994. The company has been issued a permi to take water from M.O.E.E. for maximum of 909 litres (t 20 gallons) per minute. They hav obtained a legal opinion that th water can be taken from site as thi would not be considered commercial/retail use. To date th works done on site since the publi meeting include installation 0 hydro cable (underground), gates concrete vault over well head applied gravel driveway and placed temporary trailer for equipmen storage. They are exploring their busines opportuni ties to determine whethe to build the bottling plant on sit or elsewhere. There are man. related economic benefits to Ora' Medonte and they will supply th Township with more detaile information on the plant as to size number of employees, etc. The propose the plans will proceed i stages. Mr. Gary Bell, Planner provided update on the planning application and that preliminary responses ha been recei vedfrom the Ministry 0 Natural Resources, Simcoe Count District Health Unit, Seeley Arnill (Buffalo Springs) with n major objections or concern evident. - 3 - Mr. Bell supplied copies of variou communications to the staff thi evening. Copies of the origina well evaluation (hydrogeologica report) will be provided to th members. e General discussion then took plac~ with the consensus of Council bein . that they would need to discuss th proposal collectively and tha perhaps another opportunity to mee with the proponents to attempt t mutually resolve the implication could be arranged and th possibility of proceeding to second public meeting i appropriate. 3. CONSENT AGENDA CORRESPONDENCE: (a) Barbara & W. Elder Robson, correspondence re: Gold Mountai Springs. Recommendation: Receive as information. (b) Robert J. Ego, correspondence re: Gold Mountain Springs. Recommendation: Receive as information. (c) Robert J. Kerslake, correspondence re: Gold Mountain Springs Recommendation: Receive as information. (d) K. M. Brimer, copy of letter to Premier of ontario, re: Gol Mountain Springs. Recommendation: Receive as information. (e) Maplewood Park Estates Ratepayers Association, correspondenc re: Gold Mountain Springs. Recommendation: Receive as information. (f) Linda & Allan Baker, correspondence re: Gold Mountain Springs Recommendation: Receive as information. (g) David J. Hawke, correspondence re: Gold Mountain Springs. Recommendation: Receive as information. e (h) James B. Harris, correspondence re: Gold Mountain springs. Recommendation: Receive as information. (i) Jeffrey & Naomi Ball, correspondence re: Gold Mountai Springs. Recommendation: Receive as information. (j) Bass Lake Orillia-Oro Ratepayers Association, correspondenc re: Gold Mountain Springs. Recommendation: Receive as information. (k) Nel Newell, correspondence re: Gold Mountain Springs. Recommendation: Receive as information. - 4 - 3. CONSENT AGENDA CORRESPONDENCE CONTINUED: (I) Ken McCutcheon, correspondence re: Gold Mountain springs. Recommendation: Receive as information. (m) Simcoe County District Health Unit, correspondence re: Gold Mountain springs. Recommendation: Receive as information. e 4. REPORTS OP MUNICIPAL OFFICERS: (a) Kris Menzies, Planning Consultant, report re: Hanika Conversion Application P-16D/94, Part Lot 28, Concession 5. (d) Kris Menzies, Planning Consultant, report McNiven Rezoning Application P-16H/94, Concession 8. re: Neil and Jea Part of Lot (b) Kris Menzies, Planning Consultant, report re: Alois and Ann Freundorfer Rezoning Application P-16E/94, West Part Lot 13, Concession 3. (c) Kris Menzies, Planning Consultant, report re: Bert Fin Conversion Application P-16G/94, Part of Lots 1 and 2, PIa 864, Concession 14. (e) Kris Menzies, Planning Consultant, report re: Cecelia Kochut Conversion Application P-16I/94, Part of Lot 24, Plan 863, Concession 10. (f) Kris Menzies, Planning Consultant, report re: Alec and Marily Puksa Conversion Application P-16J/94, Part of Lot 22, Concession 14, Reference Plan 51R-22765, Part 1. (g) Darlene Shoebridge, Clerk, report re: Lawrence & June st. pierre Appeal of DCA, Part Lot 22, Concession 6 (Oro). (h) Gary cunnington, Chief Administrative Officer, memorandum re: Replacement of Mailing Machine. (i) Darlene Shoebridge, Clerk, report re: Vacancy on Simcoe Count Board of Education (Tim Crawford disclaimer). (j) Mr. Mark stagg, re: Confirmation of Terms of Employment, Township Planner. (k) Gary Cunnington, Chief Administrative Officer, report reI Township Treasurer position. e 5. COMMUNICATIONS: (a) The Penetanguishene General Hospital, correspondence reI Public Affairs and Planning Committee and the North Simco Hospital Alliance. (b) Huronia Tourism Association, correspondence re: Meeting wit Township History Committee and Representative of Council t improve public awareness on historical significance of th African Episcopal Church. (c) ontario Property and Environmental correspondence re: Bill 163. Rights Alliance,. I (d) Lori J. Koughan, City of Orillia, 9-1-1 Management Board, correspondence re: Proposed 1995 Budget. - 5 - 5. COMMUNICATIONS CONTINUED: (e) R. G. Robinson & Associates (Barrie) Ltd., correspondence re: Craighurst Estates, certificate of Substantial completion. (f) Ministry of Housing, correspondence re: Indecent Exposure (to liability) - Municipalities at Risk; Seminar. (g) Ministry of Natural Resources, correspondence re: Water Works Approval - Bass Lake Provincial Park. e 6. PETITIONS: (a) Rene McCutcheon, submission of 100-plus name petition requesting By-law to prohibit extraction of water from underground aquifers in Oro-Medonte Township for commercial purposes. MOTION NO. 1 Moved by Martin, seconded by Bell, Be it resolved that the Agenda for the Council Meeting dated Wednesday, February 1, 1995, be adopted as printed and circulated. Carried. MOTION NO. 2 Moved by Craig, seconded by Cotton, Be it resolved that the Minutes of the Special Public Meeting of Council held on Wednesday, January 18, 1995 (Hanikat) be adopted a printed and circulated. Carried. MOTION NO. 3 Moved by Dickie, seconded by Bell Be it resolved that the Minutes of the special Public Meeting 0 Council held on Wednesday, January 18, 1995 (Freundorfer) b adopted as printed and circulated. Carried. MOTION NO. 4 Moved by Sommers, seconded by Craig e Be it resolved that the Minutes of the Special Public Meeting 0 Council held on Wednesday, January 18, 1995 (Fine) be adopted a printed and circulated. Carried. MOTION NO. 5 Moved by Bell, seconded by Martin ~ Be it resolved that the Minutes of the special Public Meeting 0 Council held on Wednesday, January 18, 1995 (McNiven) be adopted a printed and circulated. I Carried., - 6 - MOTION NO. 6 Moved by Sommers, seconded by Cotton, Be it resolved that the Minutes of the Special Public Meeting of Council held on Wednesday, January 18, 1995 (Kochuta) be adopted as printed and circulated. Carried. MOTION NO. 7 e Moved by Martin, seconded by Dickie, Be it resolved that the Minutes of the Special Public Meeting of Council held on Wednesday, January 18, 1995 (Puksa) be adopted as printed and circulated. Carried. MOTION NO. 8 Moved by Craig, seconded by Cotton, Be it resolved that the Minutes of the Regular Meeting of Council held on Wednesday, January 18, 1995 be adopted as printed an circulated. Carried. MOTION NO. 9 Moved by Bell, seconded by Martin, Be it resolved that the recommendations listed on the Consen Agenda, Item No.5, be received and approved. carried. MOTION NO. 10 Moved by Cotton, seconded by Sommers, Be it resolved that report from Kris Menzies, Planning Consultant, re: Hanikat Conversion Application P-16D/94, Part Lot 28, Concession 5, be received. carried. MOTION NO. 11 e Moved by Dickie, seconded by Bell, Be it resolved that the report from Kris Menzies, Plannin Consultant, re: Alois and Anna Freundorfer Rezoning Application P 16E/94, West Part Lot 13, Concession 3, be received. Carried. MOTION NO. 12 Moved by Craig, seconded by Sommers, . . l. I Be it resolved that the report from Kr1S Menz1es, P ann1n~ Consultant, re: Bert Fine Conversion Application P-16G/94, Part o~, Lots 1 and 2, Plan 864, Concession 14, be received. Ii I Carried. I I II II - 7 - MOTION NO. 13 Moved by Martin, seconded by Bell, Be it resolved that the report from Kris Menzies, Planning Consultant, re: Neil and Jean McNiven Rezoning Application P- 16H/94, Part of Lot 4, Concession 8, be received. Carried. e MOTION NO. 14 Moved by Sommers, seconded by cotton, Be it resolved that the report from Kris Menzies, Planning Consultant, re: Cecelia Kochuta Conversion Application P-16If94, Part of Lot 24, Plan 863, Concession 10, be received. Carried. MOTION NO. 15 Moved by Dickie, seconded by Bell, Be it resolved that the report from Kris Menzies, Planning Consultant, re: Alec and Marilyn Puksa Conversion Application P- 16J/94, Part of Lot 22, Concession 14, Reference Plan 51R-22765, Part 1, be received. Carried. MOTION NO. 16 Moved by Sommers, seconded by craig, Be it resolved the memo from Gary cunnington, Chief Administrative Officer, re: Replacement of Mailing Machine, be received and I adopted. Carried. MOTION NO. 17 e Moved by Martin, seconded by Bell, Be it resolved that the report from Darlene Shoebridge, Clerk, re: Vacancy on Simcoe County Board of Education (Tim Crawford disclaimer), be received and the Council of the Township of Oro- Medonte respectfully request the Simcoe County Board of Education to exercise the option to appoint a member in order to fill the vacancy for the office of Trustee representing Oro-Medonte Township. Recorded vote requested by: councillor Sommers Councillor Bell Yea Councillor Cotton Yea Councillor craig Yea Councillor Dickie Yea Deputy Mayor Martin Yea Councillor Sommers Yea Mayor Beard Yea Carried. - 8 - MOTION NO. 18 Moved by craig, seconded by Martin, Be it resolved that the report from Darlene Shoebridge, Clerk, re: Lawrence & June st. pierre Appeal of DCA, Part Lot 22, Concessio 6 (Oro), be received and the request to waive development charg fee be denied. Carried. MOTION NO. 19 e Moved by craig, seconded by Sommers, Be it resolved that the correspondence from The Penetanguishen General Hospital, re: Public Affairs and Planning Committee and th North Simcoe Hospital Alliance, be received and the following b appointed as representative for the Township of Oro-Medonte: Ia Vasey. Carried. MOTION NO. 20 Moved by Bell, seconded by Martin, Be it resolved that the correspondence from Huronia Touris Association, re: Meeting with Township History Committee an Representative of Council to improve public awareness on historica significance of the African Episcopal Church, be received and th fOllowing member of Council be appointed to attend meetings in thi regard: Councillor craig. Carried. MOTION NO. 21 Moved by Martin, seconded by Dickie, Be it resolved that the correspondence from ontario Property an Environmental Rights Alliance, re: Bill 163, requesting endorsemen of a resolution to defer recognition and/or implementation of Bil 163 be received, and the Council of the Township of Oro-Medonte d support same. Recorded vote requested by: councillor Sommers e Councillor Sommers Deputy Mayor Martin Councillor Dickie Councillor craig Councillor Cotton Councillor Bell Mayor Beard Yea Yea Nay Nay Yea Yea Yea Carried. MOTION NO. 22 Moved by Sommers, seconded by craig, Be it resolved that the correspondence from Lori J. Koughan, cit I of Orillia, 9-1-1 Management Board, re: Proposed 1995 Budget b~ received and approved in the amount of $2,804.00 as Oro-Medonte' I share. II 11111 Carried. II II I, II II - 9 - MOTION NO. 23 Moved by Bell, seconded by Dickie, Be it resolved that the correspondence from R. G. Robinson & Associates (Barrie) Ltd., re: craighurst Estates, certificate of Substantial Completion, be received and the certificate and Acceptance (Underground Works) be issued and the appropriate by-law prepared. Recorded vote requested by: councillor cotton e Councillor Bell Councillor Cotton Councillor craig Councillor Dickie Deputy Mayor Martin Councillor Sommers Mayor Beard Yea Nay Yea Yea Yea Yea Yea Carried. MOTION NO. 24 Moved by Cotton, seconded by Sommers, Be it resolved that the correspondence from Ministry of Housing, re: Indecent Exposure (to liability) - Municipalities at Risk; Seminar, be received and the following be authorized to attend the Barrie Session on Thursday, April 27: Deputy Mayor Martin, Councillor Sommers and C.B.O. Ron Kolbe and others as authorized by the C.A.O. Carried. MOTION NO. 25 Moved by Cotton, seconded by Sommers, Be it resolved that the correspondence from Ministry of Natural Resources, re: Water Works Approval - Bass Lake Provincial Park, be received and the Township of Oro-Medonte has no basic objection to the construction of the works. Carried. MOTION NO. 26 e Moved by Bell, seconded by Martin, Be it resolved that Report No. 95-02 Committee of the Whole Meeting held January 25, 1995 be received and the recommendations contained therein be adopted with the exception of Motion #20. Carried. MOTION NO. 27 Moved by Martin, seconded by Dickie, Be it resolved that the Minutes of the Health and Safety Committee Meeting held Monday, January 9, 1995 be received. Carried. - 10 - MOTION NO. 28 Moved by Craig, seconded by Dickie, Be it resolved that the Health & Safety Committee be provided a Budget starting in 1995 in order that purchases may be made or representatives may be sent for training/seminars. I Carried. e MOTION NO. 29 Moved by Dickie, seconded by Bell, Be it resolved that one municipal employee attend the Health & Safety in the Municipal Workplace Conference in London on March 29, 1995 @ a cost of $133.75 each plus associated expenses. Carried. MOTION NO. 30 Moved by Martin, seconded by Bell, Be it resolved that the Minutes of the Oro-Medonte History Committee Meeting held Thursday, January 19, 1995 be received. Carried. MOTION NO. 31 Moved by Cotton, seconded by Sommers, Be it resolved that the Oro-Medonte Council will appoint tw~ addi tional members to the History Commi ttee who have a goo knowledge and specific interest in history of Medonte as well a having the interest to be a volunteer on the Township of oro1 Medonte History Committee. Carried. MOTION NO. 32 e Moved by Martin, seconded by Bell, Be it resolved that the $1500.00 be provided for within the 199 Budget for the Oro-Medonte History Committee. Carried. MOTION NO. 33 Moved by Craig, seconded by Cotton, Be it resolved that the memo from Tim Crawford, Chair of The Oro Medonte History Committee, re: Report and Budget, be received. I I Carried. - 11 - MOTION NO. 34 Moved by Dickie, seconded by Bell, Be it resolved that the petition from Rene McCutcheon with submission of 100-plus names requesting By-law to prohibit extraction of water from underground aquifers in Oro-Medonte Township for commercial purposes be received. Carried. e MOTION NO. 35 Moved by Sommers, seconded by craig, Be it resolved that a By-law to Authorize the Issuance of the certificate of Maintenance and Final Acceptance (above ground works) for Horseshoe Highlands - Phase 1 (4th Line of Oro Portion Only) be introduced and read a first and second time and numbered By-Law No. 95-11. Carried. That By-law No. 95-11 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded vote requested by: councillor Sommers Councillor Sommers Deputy Mayor Martin Councillor Dickie Councillor craig Councillor Cotton Councillor Bell Mayor Beard Yea Yea Yea Yea Nay Yea Yea Carried. MOTION NO. 36 Moved by Bell, seconded by Martin, Be it resolved that a By-law to Provide for the Erection of stop Signs at Intersections be introduced and read a first and second time and numbered By-law No. 95-12. Carried. That By-law No. 95-12 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. e MOTION NO. 37 Moved by Sommers, seconded by cotton, Be it resolved that a By-law to Authorize a Decrease in the Speed Limi t on certain Roads wi thin the Township of Oro-Medonte be introduced and read a first and second time and numbered By-law No.1 95-13. Carried. I That By-law No. 95-13 be read a third time and finally passed, be,1 engrossed by the Clerk, signed and sealed by the Mayor. II Carried. II - 12 - MOTION NO. 38 Moved by Dickie, seconded by Martin, Be it resolved that a By-law to Amend By-law No. 94-37 being a By- law for Licensing and Regulating of Dogs and Kennels and for the Control of Dogs Within the Township of Oro-Medonte, and to repeal By-law No. 94-100 be introduced and read a first and second time and numbered By-law No. 95-14. e Carried. That By-law No. 95-14 be read a third time and finally passed, bel' engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 39 Moved by Craig, seconded by Cotton, Be it resolved that a By-law to rezone Part of Lot 28, Concession 5, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe (Hanikat) be introduced and read a first and second time an numbered By-law No. 95-15. Carried. That By-law No. 95-15 be read a third time and finally passed, b1 engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 40 Moved by Bell, seconded by Dickie, Be it resolved that a By-law to rezone Part of the West Part of Lo 13, Concession 3, Township of Oro-Medonte (formerly Township 0 Oro), County of Simcoe (Freundorfer) be introduced and read a firs and second time and numbered By-law No. 95-16. Carried. That By-law No. 95-16 be read a third time and finally passed, b engrossed by the Clerk, signed and sealed by the Mayor. Carried. e MOTION NO. 41 Moved by craig, seconded by Cotton, Be it resolved that a By-law to rezone Part 864, Concession 14, Township of Oro-Medonte Oro, County of Simcoe (Fine) be introduced second time and numbered By-law No. 95-17. of Lots 1 and 2, PIa (formerly Township 0 and read a first an Carried. That By-law No. 95-17 be read a third time and finally passed, b engrossed by the Clerk, signed and sealed by the Mayor. carried. - 13 - MOTION NO. 42 Moved by Bell, seconded by Martin, I Be it resolved that a By-law to rezone Part of the West Part of Loti 4, Concession 8, Township of Oro-Medonte (formerly Township ofl Oro) , County of Simcoe) (McNiven) be introduced and read a first and second time and numbered By-law No. 95-18. Carried. e That By-law No. 95-18 be read a third time and finally passed, b~ engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 43 Moved by Cotton, seconded by Sommers, Be it resolved that a By-law to rezone Part of Lot 24, Plan 863, Concession 10, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe (Kochuta) be introduced and read a first an second time and numbered By-law No. 95-19. Carried. That By-law No. 95-19 be read a third time and finally passed, b engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 44 Moved by Dickie, seconded by Bell, Be it resolved that a By-law to rezone part of Lot 22, Concessio 14, Reference Plan 51R-22765, Part 1, Township of Oro-Medont (formerly Township of Oro), County of Simcoe (Puksa) be introduce and read a first and second time and numbered By-law No. 95-20. Carried. That By-law No. 95-20 be read a third time and finally passed, b engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 45 Moved by Martin, seconded by Bell, e Be it resolved that we do now go In Committee of the Whole, privat session, re: personnel matter @ 10:42 p.m. Carried. :::::Nb:O~r::q, seconded by Cotton, I Be it resolved that we do now Rise and Report from Committee of thJ11 Whole @ 11:10 p.m. 11 Carried. II II II I' I I Ii II II il if Ii - 14 - MOTION NO. 47 Moved by Martin, seconded by Bell, Be it resolved that we suspend rule 7 of Procedural By-law 94-38 in order to allow the meeting to proceed past the normal adjournment hour of 11:00 p.m. Carried. MOTION NO. 48 e Moved by Craig, seconded by Sommers, Be it resolved that the correspondence from Mr. Mark Stagg, re: Confirmation of Terms of Employment, Township Planner, be received and approved. Carried. MOTION NO. 49 Moved by Craig, seconded by Cotton, Be it resolved that the report from Administrative Officer, re: Township received and adopted. Recorded vote requested by: Councillor Bell Gary Cunnington, Chief Treasurer Position, be Councillor Bell Yea Councillor Cotton Yea Councillor Craig Yea Councillor Dickie Yea Deputy Mayor Martin Yea Councillor Sommers Yea Mayor Beard Yea Carried. MOTION NO. 50 Moved by Bell, seconded by Dickie, Be it resolved that a By-law to Confirm the proceedings of Council be introduced and read a first and second time and numbered No. 95-21. That By-law No. 95-21 be read a third time and finally passed, engrossed by the Clerk, signed and sealed by the Mayor. e MOTION NO. 51 Moved by Craig, seconded by Martin, Be it resolved that we do now adjourn @ 11:12 p.m. I-~ 13iff1- MAYOR IAN B D