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12 18 1996 Council Minutes THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING WEDNESDAY, DECEMBER 18,1996 TIME: 7:00 P.M. NINETY-SIXTH MEETING 1994-1997 COUNCIL Council met this evening @ 7:00 p.m. with the following members present: Present: - Mayor Ian Beard Councillor Walter Dickie Councillor Don Bell Councillor Neil Craig Councillor Ron Sommers Absent: Deputy Mayor Murray Martin Councillor Larry Cotton Staff Present: Andria Leigh, Development Co-ordinator, Jeff Brydges, Deputy Treasurer, Deborah Broderick, Director, Recreation and Economic Development, Jennifer Zieleniewski, CAO/Treasurer. Also Present: Shirley Dodwell, Lillian Campbell, David Dodwell, Janice McLeod, Mary Martin-Smith, Sandy Johnston, Lillian Pattenden, Anne Moore, Debra Lamberink- Speere, Tracy Spencer, Grahame Barnett, Earl Robertson, David Knox, Tony Marquis, Marie Pridham, Bill Sullivan, Bob Gregory, F. McLaughlin, Timoth McLaughlin, W. Ander, J. Wilson, J. Partridge, Cindy Rathwell, Steffanie Rathwell, Don Lamothe, Pat Crawford, M, McLaughlin-Coggan, Don Coggan. 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" e None Declared, 2. DEPUTATIONS: a) 7:00 p,m. Under the direction of Marilyn Peters, the Hawkestone Children's Choir performed a number of selections for Council. The Hawkestone and Area Community Association served refreshments after the performance, - 2- 3. RECOGNITION OF ACHIEVEMENTS: Mayor Beard introduced David Knox and indicated the Township's appreciation for the number of hours David has volunteered when serving on the Township Recreation Advisory Committee over the past three years, two of those as chairman. Also, David represented the Advisory Committee on the Community Halls/Parks Association, David has been a volunteer coach for 10 years with Minor Hockey, 3 years to Minor Ball and 5 years to Ladies Ball. _ The volunteer work David performs is not limited to recreation, David also volunteers with a Santa Claus Parade Committee, The Family Resource Centre and a Retirement Home were he contributes many hours to helping where needed, Appropriately, the certificate presented reads: "The Ontario Municipal Recreation Association gratefully acknowledges David Knox for volunteer contributions to recreation which have significantly enhanced the quality of life in the community," 4. CONSENT AGENDA CORRESPONDENCE: a) Township of Springwater, Notice re: 3 applications for severing land, North Half Lot 57, Cone. 1, E.P.R. (formerly Medonte). b) Town of Midland, Town of Penetanguishene, Town of Tay and Township of Severn Biosolids and Hauled Sewage Management, correspondence re: Schedule "c" Class Environmental Assessment. c) Orillia and District Chamber of Commerce, correspondence re: CN Railway, d) County of Simcoe, correspondence re: South Dumfries grant to assist with damages resulting from wind storm. e) Simcoe County Board of Education, correspondence re: Draft Strategic Plan, f) Barrie & District Christmas Cheer Inc" correspondence re: Letter of Appreciation for Donation. 5. REPORTS OF MUNICIPAL OFFICERS a) Lynda Aiken, Clerk, memo re: Sinton Land Exchange. b) Lynda Aiken, Clerk, report re: Site Plan Control Committee. - c) Andria Leigh, Development Co-ordinator, report re: Committee of Adjustment December Committee of Adjustment Decisions, d) Jennifer Zieleniewski, CAOlTreasurer, report re: Comprehensive Insurance Proposals for 1997-1998. e) Jennifer Zieleniewski, CAOlTreasurer, confidential report re: Legal Opinion (Held In-Camera). f) Jennifer Zieleniewski, CAOlTreasurer, confidential report re: Personnel Matter (Held In-Camera). - 3 - 6. COMMUNICATIONS: Motion #1 Moved by Dickie, seconded by Bell e Be it resolved that the Agenda for Council Meeting dated Wednesday, December 18, 1996, be adopted with the addition of the following: 9. (e) Jennifer Zieleniewski, CAOlTreasurer, confidential report re: Personnel Matter (To be held In-Camera). Carried, Motion #2 Moved by Bell, seconded by Dickie Be it resolved that the Minutes of the Council Meeting held, Wednesday, December 4, 1996, be adopted, Carried, Motion #3 Moved by Dickie, seconded by Bell Be it resolved that Consent Agenda, Item 7, be received and filed, Carried, Motion #4 Moved by Bell, seconded by Dickie Be it resolved that the memo from Lynda Aiken, Clerk, re: Sinton Land Exchange, be received and WHEREAS Council passed By-law No. 96-35, being a by-law to establish procedures for the disposal of real property within the Township of Oro-Medonte pursuant to subsection 193(2) of the Municipal Act, R.S.O, 1990, c.M.45 on April 17th, 1996; AND WHEREAS subsection 193(4 )(a) of the said Municipal Act and paragraph 3 of By- law No. 96-35 requires that, before selling any real property, Council declare the real e property to be surplus at a meeting open to the public; BE IT RESOLVED THAT: 1. The lands described below are hereby deemed to be surplus to the needs of the Municipality: Part of the east half of Lot 36, Concession 1 E.P,R., Township of Oro- Medonte (formerly Township of Oro), County of Simcoe, designated as Parts 11 and 12 on Plan 51R-16674. Carried, -4- Motion #5 Moved by Bell, seconded by Dickie Be it resolved that the report from Lynda Aiken, Clerk, re: Site Plan Control Committee, be received and adopted. Carried. Motion #6 e Moved by Dickie, seconded by Bell Be it resolved that the report from Andria Leigh, Development Co-ordinator, re: Committee of Adjustment December Committee of Adjustment Decisions, be received, Carried, Motion #7 Moved by Dickie, seconded by Bell Be it resolved that the report from Jennifer Zieleniewski, CAOfTreasurer, re: Comprehensive Insurance Proposals for 1997-1998, be received and adopted. Carried. Motion #8 Moved by Dickie, seconded by Bell Be it resolved that the Minutes of the Oro-Medonte Recreation Advisory Committee Meeting held Thursday, December 5, 1996, be received. Carried, Motion #9 Moved by Bell, seconded by Dickie Be it resolved that the Minutes of the Oro-Medonte Planning Advisory Committee Meeting held Tuesday, December 10, 1996, be received. Carried. e Motion #10 Moved by Bell, seconded by Dickie Be it resolved that the application by Janet and Robert Currie, South Part of Lot 8, Cone. 8 (Oro) P61/96 proceed to a Public Meeting once the new Official Plan is Council adopted and a complete Site Plan and confirmation of adequate sewage disposal from Ministry of Environment and Energy or the Simcoe County District Health Unit is received and that this property be subject to Site Plan Control to ensure proper buffering. Carried. .5. Motion #11 Moved by Dickie, seconded by Bell Be it resolved that the application by Larry Cotton, West Part of Lot 8, Cone. 10 (Oro) P63/96, be tabled until the following items are received: 1. e 2, 3. 4. 5. 6, Concept plan including structures, greens, tees, fairways, service roads, cart paths, water features, Clarification of linkage across the 9th Line to address safety and traffic concerns, Clarification of proposal for a bed & breakfast including number of rooms and the relationship of two golf courses, Receipt of a study of the aggregate potential. Long range comprehensive plan of the applicant. Preliminary hydrogeological report. Carried, Motion #12 Moved by Bell, seconded by Dickie Be it resolved that the Council of the Township of Oro-Medonte support in principle application P62/96 Nova Continental Development Corp. for a proposed factory outlet and further that the application proceed to a Public Meeting once the following items have been received to the satisfaction of the Township: 1. Concept plan for the entire site, 2, Letter from MTO 3. Hydrogeological report 4. Report from AI Lees. Carried, Motion #13 Moved by Dickie, seconded by Bell Be it resolved that Report No. 96-18, Committee of the Whole Meeting, held Wednesday, December 11, 1996 be received and the recommendations contained therein be adopted. Carried, Motion #14 e Moved by Dickie, seconded by Bell Be it resolved that a By-law with respect to the deletion of the term and expiry date and to repeal By-law No, 96-102, be introduced and read a first and second time and numbered By-law No, 96-119. Carried. That By-law No. 96-119 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried, Motion #15 Moved by Craig, seconded by Sommers -6- Be it resolved that a By-law to Amend By-law No. 91-91 of the former Township of Oro, a By-law with respect to imposition of Development Charges and to Repeal By-lay No, 96-103, be introduced and read a first and second time and numbered By-law No. 96- 120. Carried. e That By-law No. 96-120 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor, Motion #16 Moved by Sommers, seconded by Craig Carried, Be it resolved that a By-law to Amend By-law No, 96-20 being a By-law to Appoint Representatives to Various Committees be introduced and read a first and second time and numbered By-law No. 96-121, Carried. That By-law No, 96-121 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor, Motion #17 Moved by Craig, seconded by Sommers Carried, Be it resolved that a By-law to Regulate the Distribution and Use of Water to Fix the Prices and the Time of Payment and to Amend By-law No, 1051 of the former Township of Oro, be introduced and read a first and second time and numbered By-law No, 96- 122, Carried, That By-law No. 96-122 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Motion #18 e Moved by Sommers, seconded by Craig Carried, Be it resolved that a By-law to authorize Council to regulate the distribution and use of water including Plans 309, M92 and M104, be introduced and read a first and second time and numbered By-law No, 96-123, Carried, That By-law No. 96-123 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. -7- Motion #19 Moved by Craig, seconded by Sommers Be it resolved that a By-law to authorize Council to regulate the distribution and use of water including Plans M391, M447, and M456, be introduced and read a first and second time and numbered By-law No. 96-124, Carried. e That By-law No. 96-124 be read a third time, and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion #20 Moved by Sommers, seconded by Craig Be it resolved that a By-law to authorize Council to regulate the distribution and use of water including Plans 1531, M10, M11 and M23, be introduced and read a first and second time and numbered By-law No, 96-125. Carried, That By-law No. 96-125 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Motion #21 Moved by Craig, seconded by Sommers Be it resolved that we do now go In-Camera @ 8:35 p.m, to discuss a legal opinion and personnel matter. Carried, Motion #22 Moved by Sommers, seconded by Craig Be it resolved that we do now Rise and Report from In-Camera @ 9:55 p,m. e Carried. Motion #23 Moved by Craig, seconded by Sommers Be it resolved that the confidential report from Jennifer Zieleniewski, CAO/Treasurer, re: Legal Opinion, be received and adopted as amended. Carried, .8. Motion #24 Moved by Sommers, seconded by Craig Be it resolved that WHEREAS the Councilor the Minister, as the case may be, may change the conditions of a provisional consent at any time before a consent is given; BE it resolved that: e Council request the Committee of Adjustment to consider a change of the Provisional Consent, as per Section 53(23) of the PlanninQ Act. The following changes of condition are being requested: That all lease, rental, and time share agreements and other documents contain a clause which states the following: ''That the undersigned are aware that the servicing for the Carriage Hills Development was approved by the Ministry of the Environment and Energy on the basis of a private Sequence Batch Reactor (sewage disposal system) and will not be considered for assumption and public use by the Municipality and that the undersigned are aware that Horseshoe Resort Corporation is the operator of said system," That any sewage treatment facilities proposed to serve Carriage Hills Development shall be privately owned and in the ownership and control of Horseshoe Resort Corporation or a related corporate entity, In the event that the facility is transferred or assigned in any way comes into an ownership not associated with Horseshoe Resort Corporation, the subsequent owner(s) shall acknowledge and agree that the facility shall remain in private ownership, This condition shall be subject to an agreement which shall be registered on title, Carried, Motion #25 Moved by Craig, seconded by Sommers Be it resolved that the confidential report from Jennifer Zieleniewski, CAOlTreasurer, re: Personnel Matter, be received and adopted, Carried. Motion #26 Moved by Sommers, seconded by Craig e Be it resolved that a By-law to confirm the proceedings of Council, be introduced and read a first and second time and numbered By-law No, 96-126, Carried, That By-law No. 96-126 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor, Carried, e e Motion #27 Moved by Craig, seconded by Sommers - 9- Be it resolved that we do now adjourn @ 10:05 p.m, ,1 k :i M:;~an ~~ea d Clerk, Lynda Aiken Carried,