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11 05 1997 Council Miinutes THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING WEDNESDAY, NOVEMBER 5,1997 TIME: 7:00 P.M. ONE HUNDRED & TWENTY-FIFTH MEETING 1994-1997 COUNCIL Council met this evening @ 7:00 p.m. with the following members present: Present: Mayor Ian Beard Deputy Mayor Murray Martin Councillor Walter Dickie Councillor Don Bell Councillor Neil Craig Councillor Thelma Halfacre Absent: Councillor Ron Sommers Staff Present: Deborah Broderick, Director of Recreation & Community Economic Development, Andria Leigh, Planner, Jerry Ball, Roads Superintendent, Jennifer Zieleniewski, CAOlTreasurer. Also Present: Gary Boyd, Debbie Mooney, Jerry Ball, Larry Boland, Lillian McConnell, Shirley Woodrow, Maurice Young, Eric Miller, Oliver Hopkins, Dorothy Hopkins, Paul Marshall, Barry Moore, Earl Robertson, Daryl Watson, Lorne Gushue, Tosh Skalosky, Sharon Irvine, Larry Koza, Arch Brown, Shirley Bell, Linda Cameron, Lisa McNiven, Bonnie McPhee, Dan Tinney, Keith Mathieson, Fred MacGregor, Tamara Obee, Brian Jennett, Bob Henderson, Jake Leigh, Rayburn Mclndoo, Brian Roubos, Randy Wuensch, Bruce Campbell, Rick Yule, Anne Brousseau, Meryl Drake. Mayor Ian Beard assumed the chair and called the meeting to order, followed by prayer. 1. "DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" Councillor Neil Craig declared a pecuniary interest with item 13. (d) the nature being he is an owner of property with two dwellings. Councillor Walter Dickie also declared a pecuniary interest with item 13. (d), the nature being Councillor Dickie's wife is the owner of property with two dwellings. Councillors Craig and Dickie left the room and did not participate or vote on the matter. 2. RECOGNITION OF ACHIEVEMENTS A presentation was made to Gary Boyd by Mayor Beard for his dedicated service to the Township over the past 30 years. Reading of Bill 112, Remembrance Day. -2 - 3. CONSENT AGENDA CORRESPONDENCE (a) Ernest Bidwell, Livestock Valuer Report re: calf killed by wolves. Calf owned by Len Cummings, Lot 18, Conc. 5 (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to Mr. Cummings in the amount of $550.00. (b) Ernest Bidwell, Livestock Valuer, Report re: sheep killed by dogs. Sheep owned by Brian Simpson, Lot 24, Conc. 5 (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to Mr. Simpson in the amount of $300.00. (c) Fisheries and Oceans Small Craft Harbours Central and Arctic Region, correspondence re: Management Agreement, Carthew Bay, Shanty Bay and Hawkestone. Recommendation: Receive and present By-law to Council authorizing execution. 4. DEPUTATIONS (a) 7:05 p.m. Public Meeting, re: P-64/97, Zoning By-law Amendment. (b) 7:10p.m. Public Meeting, re: P-66/97, Zoning By-law Amendment. (c) 7:15 p.m. Public Meeting, re: P-65/97, Zoning By-law Amendment. 5. REPORTS OF MUNICIPAL OFFICERS: (a) Deborah Broderick, Director of Recreation, Community Economic Development, report re: Snow Removal Contract PR 97-40. (b) Tamara Obee, Christmas Committee Member, report re: Christmas Party. (c) Neil Craig, Councillor, re: Motion to Reconsider Motion #14 of Committee of the Whole Meeting, September 10,1997. (d) Andria Leigh, Planner, report re: Nova Continental Corporation Official Plan Non-Decision Conc. 5, pt. of Lots 21 and 22 (Oro). (e) Andria Leigh, Planner, report re: Adoption of the Zoning By- law and Repeal of By-law 1997-62. (f) Andria Leigh, Planner, report re: Committee of Adjustment Decisions, October 16, 1997. (g) Andria Leigh, Planner, report re: Additional Notice for Proposed Zoning By-law under Section 34(17). (h) Andria Leigh, Planner, report re: Maurice Young Rezoning Conc. 14, Part of Lot 6, Plan 309, Lot 73 and pt Lot 72 (Medonte). ,; - 3- 5. REPORTS OF MUNICIPAL OFFICERS CONTINUED: (i) Andria Leigh, Planner, report re: Del-Coin Holdings Inc. Conc. 1, West Part of Lots 15 and 16 (Orillia). U) Andria Leigh, Planner, report re: Scotchbrook Holdings Inc. Rezoning Conc. 1, Plan 1, Lots 15 to 24 (Oro). (k) Jennifer Zieleniewski, CAOlTreasurer, discussion re: Legal Issue. 6. COMMUNICATIONS (a) Town of Innisfil, copy of correspondence to Hon. John Snobelen, re: Education Development Charges. (b) City of Stratford, correspondence re: Requesting Support of Resolution re: Provincial Downloading. (c) The Children's Aid Society of the County of Simcoe, correspondence re: Requesting Proclamation of National Drug Awareness Week, November 16-23, 1997. (d) W. R. Hodgson & Associates, correspondence re: Bachly Suddivision, Street Names. (e) Nick McDonald, The Planning Partnership, report re: Responses to Written Submissions on the Proposed Comprehensive Zoning By-law. Motion #1 Moved by Craig, seconded by Halfacre Be it resolved that the agenda for the Regular Council Meeting dated Wednesday, November 5, 1997 be adopted as printed and circulated with the following additions: 13. (a)Jennifer Zieleniewski, CAOlTreasurer, confidential report re: Personnel Matter (To be held In-Camera). 13. (b)Jennifer Zieleniewski, CAOlTreasurer, report re: Indian Park Association- Parkland Dedication. 13. (c) Jeff Brydges, Deputy Treasurer, report re: Final Release of Securities, Jokapa Oro Ltd. 13. (d)Andria Leigh, Planner, report re: Policy for Severance of two dwelling properties. 13. (e)Jerry Ball, Road Superintendent, confidential report re: Potential Legal Issue (To be held In-Camera). 13. (f) Jennifer Zieleniewski, CAOlTreasurer re: Horseshoe Valley Resort re: Legal Issue. (To be held In-Camera). 5. (e) Murray Martin, re: Remembrance Day, Bill 112. Carried. , , -4 - Motion #2 Moved by Halfacre, seconded by Craig Be it resolved that the Minutes of the Regular Council Meeting held Wednesday, October 15, 1997 be adopted as printed and circulated. Carried. Motion #3 Moved by Craig, seconded by Halfacre Be it resolved that the Special Public Meeting held, Wednesday, October 15,1997, be adopted as printed and circulated. Carried. Motion #4 Moved by Halfacre, seconded by Craig Be it resolved that the Minutes of the Special Public Meeting held, Thursday, March 13, 1997, be adopted as printed and circulated. Carried. Motion #5 Moved by Craig, seconded Halfacre Be it resolved that the Minutes of the Special Public Meeting held, Saturday, March 22, 1997, be adopted as printed and circulated. Carried. Motion #6 Moved by Halfacre, seconded by Craig Be it resolved that the Minutes of the Special Public Meeting held Wednesday, July 2, 1997 (P23/89), be adopted as printed and circulated. Carried. Motion #7 Moved by Craig, seconded by Halfacre Be it resolved that the Minutes of the Special Public Meeting held Wednesday, July 2, 1997 (P6/89) be adopted as printed and circulated. Carried. Motion #8 Moved by Halfacre, seconded by Craig Be it resolved that the Minutes of the Special Public Meeting held Wednesday, July 2, 1997 (P62/96) be adopted as printed and circulated. Carried ',' - 5 - Motion #-9 Moved by Craig, seconded by Halfacre Be it resolved that the Minutes of the Special Public Meeting held, Wednesday, July 2, 1997 (Proposed modifications to Official Plan), be adopted as printed and circulated. Carried. Motion #10 Moved by Halfacre, seconded by Craig Be it resolved that the recommendations listed on the Consent Agenda Item 7, be received and adopted. Carried. Motion #11 Moved by Craig, seconded by Halfacre Be it resolved that the report from Deborah Broderick, Director of Recreation, Community Economic Development, re: Snow Removal Contract PR 97-40 be received and adopted. Carried. Motion #12 Moved by Halfacre, seconded by Craig Be it resolved that the report from Tamara Obee, Christmas Committee Member, re: Christmas Party, be received and adopted. Carried. Motion m Moved by Craig, seconded by Halfacre Be it resolved that Notice of Motion to reconsider Motion #14, September 10,1997 Committee of the Whole Meeting re: Bay Street, be granted. Carried. Motion #14 Moved by Craig, seconded by Halfacre Be it resolved that the report from Andria Leigh, Planner re: Nova Continental Corporation Official Plan Non-Decision Conc. 5, pt. of Lots 21 and 22 (Oro), be received and adopted. Carried. Motion #15 Moved by Craig, seconded by Halfacre Be it resolved that the report from Andria Leigh, Planner, re: Adoption of the Zoning By- law and Repeal of By-law 1997-62, be received and adopted. - 6- Recorded vote requested by Councillor Dickie Councillor Bell Yea Councillor Craig Yea Councillor Dickie Yea Councillor Halfacre Yea Deputy Mayor Martin Yea Mayor Beard Yea Carried. Motion #16 Moved by Halfacre, seconded by Craig Be it resolved that the report from Andria Leigh, Planner, re: Committee of Adjustment Decisions October 16,1997, be received. Carried. Motion #17 Moved by Craig, seconded by Halfacre Be it resolved that the report from Andria Leigh, Planner, re: Additional Notice for Proposed Zoning By-law under Section 34 (17), be received and further Council in accordance with Section 34(17) of the Planning Act RS.O. 1990 c.P.13 deems that further notice with respect to the proposed Zoning By-law is not required. Carried. Motion #18 Moved by Halfacre, seconded by Craig Be it resolved that the report from Andria Leigh, Planner, re: Maurice Young Rezoning Conc. 14, Part of Lot 6, Plan 309, Lot 73 and pt. Lot 72 (Medonte) be received and adopted. Carried. Motion #19 Moved by Craig, seconded by Halfacre Be it resolved that the report from Andria Leigh, Planner, re: Del-Coin Holdings Inc. Conc. 1, West Part of Lots 15 and 16 (Orillia), be received and adopted. Carried. Motion #20 Moved by Halfacre, seconded by Craig Be it resolved that the report from Andria Leigh, Planner, re: Scotch brook Holdings Inc. Rezoning Conc. 1, Plan 1, Lots 15 to 24 (Oro), be received and adopted. Carried. ,. -7 - Motion #21 Moved by Craig, seconded by Halfacre Be it resolved that the copy of correspondence from the Town of Innisfil, re: Education Development Charges, be received. Carried. Motion #22 Moved by Craig, seconded by Halfacre Be it resolved that the correspondence from the City of Stratford, re: Requesting Support of Resolution re: Provincial Downloading, be received and Council of the Township of Oro-Medonte do support the resolution and further the City of Stratford be so advised. Carried. Motion #23 Moved by Dickie, seconded by Bell Be it resolved that the correspondence from The Children's Aid Society of the County of Simcoe, re: Requesting Proclamation, be received and the Council of Oro-Medonte hereby proclaim November 16-23, 1997, National Drug Awareness Week. Carried. Motion #24 Moved by Bell, seconded by Dickie Be it resolved that the correspondence from W. R. Hodgson & Associates, re: Bachly Subdivision, Street Names, be received and adopted. Carried. Motion #25 Moved by Dickie, seconded by Bell Be it resolved that the report from Nick McDonald, The Planning Partnership, re: Responses to written submissions on the Proposed Comprehensive Zoning By-law, be received. Carried. Motion #26 Moved by Dickie, seconded by Bell Be it resolved that Report No. 97-21, Committee of the Whole meeting held Wednesday, October 22, 1997, be received and the recommendations adopted. Carried. , . . - 8- Motion #27 Moved by Bell, seconded by Dickie Be it resolved that the Minutes of the Planning Advisory Committee Meeting held Tuesday, October 14,1997, be received. Carried. Motion #28 Moved by Dickie, seconded by Bell Be it resolved that circulation of Planning Application P67/97 be made to other agencies and upon comments from the County, the application proceed to a Public Meeting. Carried. Motion #29 Moved by Bell, seconded by Dickie Be it resolved that application numbers P63/96 and P61/96 proceed to a Public Meeting and further that future funding of a crossing of the 9th Line be considered. Carried. Motion #30 Moved by Dickie, seconded by Bell Be it resolved that the report from Jennifer Zieleniewski, CAOlTreasurer, re: Indian Park Association - Parkland Dedication, be received and adopted. Carried. Motion #31 Moved by Bell, seconded by Dickie Be it resolved that the report from Jeff Brydges, Deputy Treasurer, re: Final Release of Securities Jokapa Oro Ltd., be received and adopted. Carried. Motion #32 Moved by Martin, seconded by Bell Be it resolved that the report from Andria Leigh, Planner, re: Policy for Severance of two dwelling properties, be received and adopted. Carried. . " - 9- Motion #33 Be it resolved that a By-law to authorize the execution of an Extension Agreement between the Township of Oro-Medonte and Lou Goedemondt, be introduced and read a first and second time and numbered By-law No. 1997-90. Carried. That By-law 1997-90 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion #34 Be it resolved that a By-law to authorize the Execution of a Lease between the Township of Oro-Medonte and the Ministry of Fisheries and Oceans, be introduced and read a first and second time and numbered By-law No. 1997-91. Carried. That By-Law 1997-91 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion #35 Moved by Dickie, seconded by Bell Be it resolved that a By-law to Rezone Part of Lot 6, Conc. 14 (Medonte), be introduced and read a first and second time and numbered By-law No. 1997-92. Carried. That By-law 1997-92 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion #36 Moved by Dickie, seconded by Bell Be it resolved that a By-law to Rezone West Part of Lots 15 & 16, Conc. 1 (Orillia) be introduced and read a first and second time and numbered By-law No. 1997-93. Carried. Motion #37 Moved by Bell, seconded by Dickie Be it resolved that a By-law to Rezone Lots 15 to 24, Plan 1, Conc. 1 (Oro) be introduced and read a first and second time and numbered By-law 1997-94. Carried. That By-law 1997-94 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 'II III iii ~. i!1 I~ ,'i III HI d; :Ii Iii HI I' rll HI !I, !it li[1 iI ill pi II III iil H III :Ii ill , II: jll 111, il! Iii HI !i! 1;\ I.'.' H in I!I II Iii Ii :I! q; I'..'. H dl !II Iii III I'i II iii Ii' II 1,1 Iii jlli il 1..11 , I II in Hi Ii} iii III Ii I" ,): III III Iii i\ III 1.1 i" iii III Iii il II III III ill Iii H' I Iii 1..1' II II, Iii I', . II! !i! Hi Iii ill Iii Iii h III III Illil II II ill 111 Ii ill pi III I!I III dl III Iii !I II Iii II, 111 Hi Iii Iii i' \;1 ."" - 10- Motion #38 Moved by Dickie, seconded by Bell Be it resolved that a By-law to adopt the Zoning By-law for the Township of Oro- Medonte be introduced and read a first and second time and numbered By-law No. 1997-95. Carried. That By-law 1997-95 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded vote requested by Councillor Bell Deputy Mayor Martin Yea Councillor Halfacre Yea Councillor Dickie Yea Councillor Craig Yea Councillor Bell Yea Mayor Beard Yea Carried. Motion #39 Moved by Bell, seconded by Dickie Be it resolved that we do now go In-Camera @ 9:40 p.m. to discuss a personnel and legal matter. Carried. Motion #40 Moved by Bell, seconded by Dickie Be it resolved that we do now Rise and Report from In-Camera @ 10: 15 p.m. Carried. Motion #41 Moved by Bell, seconded by Dickie Be it resolved that the confidential report from Jennifer Zieleniewski, CAOlTreasurer, re: Personnel Matter, be received and adopted. Carried. Motion #42 Moved by Dickie, seconded by Bell Be it resolved that the confidential report from Jerry Ball, Road Superintendent, re: Potential Legal Issue, be received and adopted. Carried. iI' - 11 - Motion #43 Moved by Dickie, seconded by Bell Be it resolved that Jennifer Zieleniewski, CAOlTreasurer and Chris Williams, Township Solicitor be authorized to file a Statement of Defence and Counter Claim in response to the Statement of Claim served by Horseshoe Resort Corporation as Court File G21205- 97. Carried. Motion #44 Moved by Bell, seconded by Dickie Be it resolved that a By-law to Confirm the Proceeding of Council be introduced and read a first and second time and numbered By-law No. 1997-96. Carried. That By-law 1997-96 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion #45 Moved by Bell, seconded by Martin Be it resolved that we do now adjourn @ 10:30 p.m. Clerk, Lynda Aiken Mayor, Ian Beard