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09 04 1996 Council Minutes '" TIlE CORPORATION 01' TIlE TOWNSHIP 01' ORO-KBDON'1'E COUNCIL KBETING WBDNBSDAY, SEPTEMBER 4, 1116 , 1:00 P.M. - COUNCIL CBAKBERS EIGHTY-I'OURTH MEETING 1114-1111 COUNCIL council met this evening present: @ 7:05 p.m. with the following members e Mayor Ian Beard Deputy Mayor Murray Martin Councillor walter Dickie Councillor Don Bell arrived @ 7:30 p.m. councillor Neil Craig Councillor Ron Sommers Councillor Larry Cotton staff Present: Jeff Brydges, Deputy Treasurer, Fred Haughton, Director Public Works, Andria Leigh, Development Co-ordinator, Jennifer Zieleniewski, CAO/Treasurer Also Present Was: Shirley Woodrow, Walter Isles, Norm Emms, Leona Appleby, David Knox, Earl Robertson, Gary Cunnington, Beverley wright, John Wright. Mayor Beard assumed the chair and called the meeting to order, followed by prayer. 1. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF. - IN ACCORDANCE WITH THE ACT" Deputy Mayor Martin declared a pecuniary interest with agenda item 5. passing of accounts, the nature being, Deputy Mayor Martin is a member of the Oro-Medonte Chamber of Commerce; Deputy Mayor Martin also declared a pecuniary interest with agenda item 10. (g) report of Jennifer Zieleniewski, CAO\Treasurer re: Township Newsletter, the nature being Deputy Mayor Martin is the publisher of The Oro- Medonte News. Deputy Mayor Martin left the room for both items and did not participate or vote on the resolution of these matters. 2. DEPUTATIONS: None. 3. RECOGNITION OF ACHIEVEMENTS e Norm Emms advised that Alastair selected as "citizen of the Year". from Mayor Beard. and Jean Crawford have been Congratulations were extended 4. CONSENT AGENDA (a) Ministry of Municipal Affairs and Housing, correspondence re: Decision of Board of Arbitrators regarding Committee of Referees. Recommendation: Receive and file. (b) Michael Vandergeest, Livestock Valuer Report, re: 2 sheep killed by wolves, sheep owned by Arly Taylor, Lot 21, Cone. 5, (Medonte) . Recommendation: Receive and the Treasurer be authorized to make compensation to Arly Taylor in the amount of $310.00. - 2 - 4. CONSENT AGENDA CONTINUED (c) Jack Anderson, Livestock Valuer Report, re: 1 lamb killed by wolves, lamb owned by Mark Anderson, Lot 9, Conc. 14, (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to Mark Anderson in the amount of $125.00. (d) Jack Anderson, Livestock Valuer Report, re: 1 lamb killed by wolves, lamb owned by Mark~nderson, Lot 9, Conc. 14, (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to Mark Anderson in the amount of $125.00. e (e) Jack Anderson, Livestock Valuer Report, re: 1 calf killed by wolves, calf owned by Andy McNiven, Lot 3, Conc. 8, (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to Andy McNiven in the amount of $600.00. (f) Ernest Bidwell, Livestock Valuer Report, re: 1 lamb killed by wolves, lamb owned by David Anderson, Lot 10, Conc. 14, (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to David Anderson in the amount of $135.00. (g) Ernest Bidwell, Livestock Valuer Report, re: 1 lamb killed by wolves, lamb owned by David Anderson, Lot 10, Conc. 14, (Oro). Recommendation: Receive and the Treasurer be authorized to make compensation to David Anderson in the amount of $125.00. (h) Ernest Bidwell, Livestock Valuer Report, re: 2 lambs killed by wolves, lambs owned by David Anderson, Lot 10, Conc. 14, (Ora) . Recommendation: Receive and the Treasurer be authorized to make compensation to David Anderson in the amount of $265.00. (i) Martin Walsh, Livestock Valuer Report, re: 2 calves killed by wolves, calves owned by Limas Farms, Lot 11, Conc. 9, (Medonte) . Recommendation: Receive and the Treasurer be authorized to make compensation to Limas Farms in the amount of $800.00. (j) ontario Municipal Board, correspondence re: Referral request by Mullabrack Inc. O.P.A # 57 - Recommendation: Receive and File. (k) Ministry of Municipal Affairs and Housing, correspondence re: Request to refer O.P.A. #78 to the ontario Municipal Board. e Recommendation: ordinator. Receive and forward to Development Co- (l) Town of Innisfil, correspondence re: Liabilities imposed on municipalities on insurance premiums. Recommendation: Receive and File (m) Mr. Michael Miller of Russell, Christie, Miller, Koughan, correspondence re: Township of Oro-Medonte et al ats. Michael Francis. Recommendation: Receive and File - 3 - 4. CONSENT AGENDA CONTINUED (n) The corporation of the Township of Ramara, correspondence re: County of simcoe Road Management System Option study. Recommendation: Receive and File 5. REPORTS OF MUNICIPAL OFFICEks e (a) Ron Kolbe, Director, Building/Planning, report re: Monthly Building Report for July 1996. (b) Jeff Brydges, Deputy Treasurer, report re: Request for Release of Letter of Credit Monica Interior Design Limited Sugarbush Subdivision. (c) Jeff Brydges, Deputy Treasurer, report re: Request for Release of Letter of Credit, Patrician Homes Limited, Kade Meadows Subdivision, Phase II, M469. (d) Jeff Brydges, Deputy Treasurer, report re: Request for Reductions in Securities, P01/89, P16/87 and P01/90. (e) Andria Leigh, Development Co-ordinator, report re: Zoning By- law Amendment, Conc. 8, Pt. Lot 21 & 22 (former Oro). (f) Jennifer Zieleniewski, C.A.O./Treasurer, report re: County Apportionment Overpayment. (g) Jennifer Zieleniewski, C.A.O./Treasurer, report re: Township Newsletter. (h) Jennifer Zieleniewski, C.A.O./Treasurer, memo re: Eady Community Hall Reserve Account propane stove purchase. (i) Andria Leigh, Development Co-ordinator, report re: Guthrie site Plan refund of Letter of Credit, Conc. 10, Plan 902, Pt. Block X (Oro). (j) Andria Leigh, Development Co-ordinator, report re: Bravakis- Woodlands, Conc. 1, Part of Lot 37 (Oro) P23/89. (k) Andria Leigh, Development Co-ordinator, report re: Appeal of O.P.A. #78, Burl's Creek Family Event Park, Conc. 8, Pt. Lot 21 & 22 (Oro). (I) Andria Leigh, Development Co-ordinator, report re: Windmill Garden Centre site Plan refund of cash deposit, Conc. 1, Part of Lot 15 (Orillia) S-7/94. e (m) Andria Leigh, Development Co-ordinator, report re: comment dates on draft Official Plan. Public 6. COMMUNICATIONS (a) collingwood Public utilities Commission, correspondence re: Hydro Restructuring in simcoe County. (b) Oro Agricultural Society, correspondence re: Use of Garage Facilities. (c) Peter Lamprey, correspondence re: Proposed Pedestrian Route in Shanty Bay. - 4 - 7. PETITIONS 8. UNFINISHED OR NEW BUSINESS MOTION NO. 1 Moved by Cotton, seconded by craig Be it resolved that the Agenda for the Council Meeting dated Wednesday, September 4, 1996, be-adopted as printed and circulated with the addition of the following: Recognition of Alastair & Jean Crawford. e carried. MOTION NO. 2 Moved by Cotton, seconded by Craig Be it resolved that the accounts as presented for the month of June, 1996 in the amount of $3,459,344.34 and for the month of July, 1996 in the amount of $1,021,170.96 be received. carried. MOTION NO. 3 Moved by craig, seconded by Cotton Be it resolved that the Minutes of the Regular Meeting of Council held on Wednesday, August 7, 1996 be adopted. carried. MOTION NO. 4 Moved by Craig, seconded by Cotton Be it resolved that the recommendations listed on the Consent Agenda, Item 8, be received and adopted. carried. MOTION NO. 5 e Moved by Cotton, seconded by Craig Be it resolved that the report from Ron Kolbe, Director, Building/planning re: Monthly Building Report for July, 1996 be received. carried. MOTION NO. 6 Moved by Craig, seconded by Cotton Be it resolved that the report from Jeff Brydges, Deputy Treasurer, re: Request for Release of Letter of Credit Monica Interior Design Limited Sugarbush Subdivision, be received and adopted. Carried. - 5 - MOTION NO. 7 Moved by Cotton, seconded by Craig Be it resolved that the report from Jeff Brydges, Deputy Treasurer, re: Request for Release of Letter of Credit, Patrician Homes Limited, Kade Meadows Subdivision, Phase II, M469, be received and adopted. Carried. MOTION NO. 8 Moved by Sommers, seconded by Cotton e Be it resolved that the report from Jeff Brydges, Deputy Treasurer, re: Request for Reduction in Securities, P01/89, P16/87 and P01/90, be received and adopted. Carried. MOTION NO. 9 Moved by Sommers, seconded by Craig Be it resolved that the report from Andria Leigh, Development Co- ordinator, re: zoning By-law Amendment, Conc. 8, Pt. Lot 21 & 22, (former Oro) , be received. Carried. MOTION NO. 10 Moved by Craig, seconded by Sommers Be it resolved that the report from Jennifer Zieleniewski, C.A.O./Treasurer, re: County Apportionment Overpayment, be received and adopted. Carried. MOTION NO. 11 Moved by Sommers, seconded by craig Be it resolved that the report from Jennifer Zieleniewski, C.A.O./Treasurer, re: Township Newsletter, be received and adopted. Recorded vote requested by: Mayor Beard e Councillor Cotton Councillor craig councillor Dickie Councillor Sommers Mayor Beard Yea Yea Yea Yea Yea carried. MOTION NO. 12 Moved by Sommers, seconded by craig Be it resolved that the report from Jennifer Zieleniewski, C.A.O./Treasurer, re: Eady Community Hall Reserve Account Propane Stove Purchase, be received and adopted. Carried. - 6 - MOTION NO. 13 Moved by Cotton, seconded by Sommers Be it resolved that the report from Andria Leigh, Development Co- ordinator, re: Guthrie Site Plan refund of Letter of credit, Cone. 10, Plan 902, Pt. Block X (Oro) be received and adopted. carried. MOTION NO. 14 e Moved by Sommers, seconded by Cotton Be it resolved that the report from Andria Leigh, Development Co- ordinator, re: Bravakis-Woodlands, Cone. 1, Part of Lot 37 (Oro) P23/89, be received and adopted. Carried. MOTION NO. 15 Moved by Cotton, seconded by Sommers Be it resolved that the report from Andria Leigh, Development Co- ordinator, re: Appeal of O.P.A. #78, Burl's Creek Family Event Park, Cone. 8, Pt. Lot 21 & 22 (Oro), be received. Carried. MOTION NO. 16 Moved by Dickie, seconded by Martin Be it resolved that the report from Andria Leigh, Development Co- ordinator, re: Windmill Garden Centre site Plan refund of cash deposit, Conc. 1, Part of Lot 15 (orillia) S-7/94, be received and adopted. Carried. MOTION NO. 17 Moved by Martin, seconded by Dickie Be it resolved that the report from Andria Leigh, Development Co- ordinator, re: Public Comment dates on draft Official Plan, be received and adopted. e carried. MOTION NO. 18 Moved by craig, seconded by Sommers Be it resolved that the correspondence from Collingwood Public utilities Commission, re: Hydro Restructuring in simcoe County, be received and Mayor Beard be appointed to represent the Township of Oro-Medonte on the Task Force on Hydro Restructuring in Simcoe County. carried. - 7 - MOTION NO. 19 Moved by Dickie, seconded by Martin Be it resolved that the correspondence from the Oro Agricultural Society re: Use of Garage Facilities, be received and Public Works be advised of the Fair dates for 1996 in order that the appropriate arrangements are made. carried. MOTION NO. 20 e Moved by Martin, seconded by Dickie Be i t resolved that the correspondence from Peter Lamprey, re: Proposed Pedestrian Route in Shanty Bay, be received and referred to the 1997 Budget process. Tabled. MOTION NO. 21 Moved by Dickie, seconded by Martin Be i t resolved that the minutes of the Oro-Medonte Recreation Advisory Committee be received. carried. MOTION NO. 22 Moved by Martin, seconded by Dickie Be it resolved that a By-law to Rezone Part of Lots 21 and 22, Concession 8, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, be introduced and read a first and second time and numbered By-law No. 96-93. Carried. That By-law 96-93 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. carried. MOTION NO. 23 Moved by Cotton, seconded by Sommers Be it resolved that a By-law to Authorize the Issuance of a certificate of Substantial Completion and Acceptance Under Ground Works (Horseshoe Highlands - Phase lIB), be introduced and read a first and second time and numbered By-law No. 96-94. e Carried. That By-law 96-94 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 24 Moved by Dickie, seconded by Martin Be it resolved that we do now go In-Camera @ 7:51 p.m. to discuss legal and personnel issues. Carried. - 8 - MOTION NO. 25 Moved by Martin, seconded by Dickie Be it resolved that we do now Rise and Report from In-Camera @ 9:24 p.m. Carried. MOTION NO. 26 e Moved by Bell, seconded by Dickie Be it resolved that Whereas Council resolved on April 6, 1994 to assume a proposed sequence batch reactor ("SBR") facility to be constructed by Horseshoe Resort corporation as part of the Discovery/Timber Ridge development; Whereas Council expressed to Horseshoe Resort corporation in september, 1993, its desire that the SBR be constructed to serve not only Discovery/Timber Ridge but also the existing resort and the communal tile fields; Whereas Council was required as a condition of subdivision and condominium approval for Discovery/Timber Ridge to require municipal ownership of the SBR facility to reflect the provincial planning policies in place at the time of the approval; Whereas the planning policies and legislative framework of the province have changed since the time of the approval of Discovery/Timber Ridge; Whereas Council also required, as a condition of the foregoing approvals, dedication of land proposed for a ring road and clear title to the facility and the lands upon which it is proposed to be situate; Whereas Council is aware of the terms of the agreement between Horseshoe Resort corporation and Phillip utilities; Whereas the lands proposed for the facility and surrounding area may be encumbered by the terms of the agreement between Horseshoe Resort Corporation and Phillip utilities; Whereas a certificate of Approval was issued by MOEE in February, 1996 to Horseshoe Resort corporation to construct such facility, which certificate does not include the proposed carriage Hills Resort; Whereas Horseshoe Resort Corporation has not built the SBR facility as part of the development of Discovery/Timber Ridge; e Whereas Horseshoe Resort Corporation now proposes to construct the SBR facility as part of Phase One of the carriage Hills development; Whereas Council has not been provided with sufficient assurances that the necessary development to justify the ongoing capital and operating costs of such facility will be realized or that the municipality's tile fields will be served by the SBR facility; Be it resolved that: 1. Due to new circumstances and changes in development, Horseshoe Resort Corporation, Phillip utilities and MOEE be advised that the Township has concerns and is not prepared to assume ownership, maintenance and operation of the SBR; - 9 - 2. That the foregoing be advised that the Township will consider ownership of the SBR or alternative arrangements pursuant to section 210.1 of the Municipal Act in circumstances including, but not limited to, sufficient development to justify the ongoing expense of the facility or sufficient security, to the Township's satisfaction, to cover such costs in the interim is filed with the Township, clear title to the facility and necessary lands, necessary assurances for the servicing of those lands now served by the communal tile fields; 3. In light of current plann1ng policies and changes to the Municipal Act, Staff and legal counsel be direct to approach MOEE to explore the possibility of non-municipal ownership of the SBR and in accordance with the current provincial policy statement; e 4. And further that the Township staff be directed to correspond with Horseshoe Valley Resort Corporation to ascertain the status of Discovery Ridge Development. Recorded vote requested by: Councillor Dickie Councillor Sommers Deputy Mayor Martin Councillor Dickie Councillor craig councillor Cotton Councillor Bell Mayor Beard Yea Yea Yea Yea Yea Yea Yea Carried. MOTION NO. 27 Moved by Martin, seconded by Dickie Be it resolved that the confidential report from Jennifer Zieleniewski, C.A.O.jTreasurer, re: Meryl Drake be received and adopted as amended. Recorded vote requested by: councillor Sommers Councillor Bell Yea Councillor Cotton Nay Councillor Craig Yea Councillor Dickie Yea Deputy Mayor Martin Yea Councillor Sommers Yea Mayor Beard Yea carried. e MOTION NO. 28 Moved by cotton, seconded by Sommers 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. 96-95. Carried. That By-law 96-95 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. carried. _ 1.0 - ~ Moved bY cotton. seconded bY So~ers Be it resOlved tnat ~e do no~ adjO~rn ~ }1.:Jt.:'lOR , e @ 9~30 p.m> carried.