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02 16 1994 Council Minutes .,.. CORPORA~XOR 01' .,.. TODSID:P 01' oao-lIBDOftB DftXNG 01' COvtlCIL 1I1IDI1BSDAY. PDRUUY lC, 1114 . 8&45 P.K. - COvtlCXL CDKBDS 81m: DftXNG 1914 COUNCIL council met this evening @ 8:45 p.m. with the following member present: Mayor Robert E. Drury Deputy Mayor Ian Beard Reeve David Caldwell Deputy Reeve Norman Dalziel Councillor Don Bell Councillor Alastair Crawford Councillor Joanne Crokam Councillor Walter Dickie Councillor Murray Martin Councillor Leonard Mortson staff Present: C.A.O. Mr. Gary Cunnington, Kris Menzies, Planner, and Andria Darby Also Present Was: Shirley Woodrow, E.M. Hall, John Hare, Pat Thompson, Sharon Howse, Allan Baker and Jean Crawford. Mayor Robert E. Drury assumed the chair and opened the meeting with prayer. 1. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT": None declared. 2. DEPUTATIONS: None 3. CONSENT AGENDA: a) David S. white, Township solicitor, correspondence re: Bravakis Construction Lien, Pt Lot 37, Conc. 1 (Oro) Recommendation: Receive and File b) Township of Tay, Notice of Public Meeting re: Proposed Temporary Use By-law for Lots 76 and 77, Concession 1 in hamlet of Waver ley; Recommendation: Receive and File c) Ministry of Municipal Affairs, correspondence re: JOCA Application - grant approved; aecommendation: Receive and advise Jorden & Jones, Twp. Flanning Consultant d) Ministry of Municipal Affairs, Ed Philip, Minister, correspondence re: Regional Government in Ottawa-Carlton proposed in Bill 77; Recommendation: Receive and File e) City of Barrie, Minutes of Monday January 17, 1994 re: Sludge Lagoon Facility Expansion Class Environmental Assessment; RecommendatiODI Receive and File I ' - 2 - f) Ontario Hydro, Greg Sheehey, Operations Manager, corresPQndence re: Electricity Distribution Extension Practices; Recommendation: Receive and File g) Jorden & Jones, Planning Consultants, correspondence re: Status of Firm Partnership; Recommendation: Receive and File 4. REPORTS OF MUNICIPAL OFFICERS: a) Jack Anderson, Livestock Valuer, Report re: 2 lambs killed by wolves, owned by John Perryman, Lot 17, Concession 13; b) Andria Darby, Committee of Adjustment, Report re: Planning Reports and Committee Decisions, January 18, 1994; c) Kris Menzies, Planner, Report re: Conditions of Draft Plan Approval; Kris Menzies, Planner, Report re: Nahorney OMB Hearing; Kris Menzies, Planner, Report re: Plummer OMB Hearing; d) e) f) Fred Haughton, Public Works Administrator, Report re: C.P. Railroad Crossing, Mileage 79.12 Mactier Subdivision, Lot 5, Conc. 5 (formerly Medonte Twp.); 5. COMMUNICATIONS: a) Hilda Sibthorpe, Secretary Treasurer, Waver ley Soldiers' Monument Committee, correspondence re: Request for Donation; b) Town of Tillsonburg, correspondence and resolution re: Bill 120 (Residents' Right Act); c) City of Orillia, correspondence re: Oro-Barrie-Orillia Airport - Funding and request for meeting; MOTION NO. 1 Moved by Caldwell, seconded by Martin Be it resolved that the Agenda for the Council Meeting dated Wednesday, February 16, 1994 be adopted as printed and circulated with the addition of the following: Item 11 (c) Resolution re: Petition of Subsidy (MTO) 1993 Annual Return (Medonte) of $1,205,296.09. Item 11 (d) Resolution re: Petition of Subsidy (MTO) 1993 Annual Return (Oro) of $1,407,044.74. I Item 7 (g) Memo from Ron Sommers, Committee of Adjustment, re: O.M.B.Hea~ing, Plummer, Con 2, pt Lot 12. (h) Memo fraa Ron Sommers, Committee of Adjustment, re: O.M.B. Hearing, Nahorney, Con 5, pt Lot 7. Carried. MOTION NO. 2 Moved by Beard, seconded by Mortson Be it resolved that the Minutes of the Regular Meeting of Council held on Wednesday, February 2, 1994 be adopted as printed and circulated. Carried. I ' - 3 - MOTION NO. 3 Moved by Bell, seconded by Beard Be it resolved that the recommendations listed on the Consent Agenda Item No. 5 be received. Carried. MOTION NO. 4 Moved by Dalziel, seconded by Mortson Be it resolved that the Report of Livestock Valuer, Jack Anderson, for 2 lambs killed by wolves, owned by John PerrYman, Lot 17, Concession 13 be received and the treasurer be authorized to make compensation to Mr. Perryman in the amount of $200.00. carried. MOTION NO. 5 Moved by Crokam, seconded by Dickie Be it resolved that the Report from Andria Darby, Secretary Committee of Adjustment, regarding Planning Reports and Committee Decisions of January 18, 1994 be received. Carried. MOTION NO. 6 Moved by Beard, seconded by Dalziel Be it resolved that the Report from Kris Menzies, Planner, regarding Conditions of Draft Plan Approval (MMA) be received and adopted. Carried. MOTION NO. 7 Moved by Crokam, seconded by Caldwell Be it resolved that the Report from Kris Menzies, Planner, regarding Nahorney OMB Hearing be received and adopted. Carried. MOTION NO. 8 Moved by Crawford, seconded by Beard Be it resolved that the Report from Kris Menzies, Planner, regarding Plummer OMB Hearing be received and further the Township's retained solicitor, David White and a planner to support the Committee of Adjustment decision. Recorded vote requested by Reeve David Caldwell Deputy Mayor Beard Councillor Bell Reeve Caldwell Councillor Crawford Councillor Crokam Deputy Reeve Dalziel Councillor Dickie Councillor Martin Councillor Mortson Mayor Drury Nay Yea Nay Yea Nay Nay Nay Nay Yea yea Defeated I . - 4 - MOTION NO. 9 Moved by Caldwell, seconded by Martin Be it resolved that the Report from Kris Menzies, Planner, regarding Plummer OMB Hearing be received and further the Township's solicitor, David White and Township Planner, not support the Committee's decision. Carried. MOTION NO. 10 Moved by Beard, seconded by Dalziel Be it resolved that the Report from Fred Haughton, Public Works Administrator, regarding C.P. Railroad Crossing, Lot 5, Conc. 5, (formerly Medonte Twp) be received and adopted. Carried. MOTION NO. 11 Moved by Dickie, seconded by Caldwell Be it resolved that the Memo from Ron Sommers, Chairman, Committee of Adjustment, regarding OMB Hearing, Plummer, Con 2, Pt Lot 12, be received. carried. MOTION NO. 12 Moved by Dalziel, seconded by Mortson Be it resolved that the Memo from Ron Sommers, Chairman, Committee of Adjustment, regarding OMB Hearing, Nahorney, Con 5, Pt Lot 7, be received. Carried. MOTION NO. 13 Moved by Beard, seconded by Dalziel Be it resolved that the correspondence from the Waverley Soldiers' Monument Committee requesting donation be received and acknowledged and referred to 1994 budget. carried. MO'1'IOH NO. 14 Movea by Caldwell, seconQeQ by Martin Be it resolved that the correspondence from the Town of Tillsonburg requesti~ endorsement of resolution expressing opposition to Bill 120 which permits two residential units within a dwelling, be received and the Council of the Township of Oro-Medonte support the said resolution and further a copy of same be sent to the Premier, Minister of Housing, Allan K. McLean, M.P.P. and the Town of Tillsonburg. Carried. [ . - 5 - MOTION NO. 15 Moved by Dickie, seconded by Crokam Be it resolved that the correspondence from the City of Orillia regarding the Oro-Barrie-Orillia Airport Funding and request for meeting be received and the Township of Oro-Medonte confirm meeting to be held on Thursday, March 3rd, 1994 in committee to be held at the Oro-Barrie-Orillia Airport facility and that the following members of Council and staff attend: Mayor Robert Drury, Councillor Martin, Reeve David Caldwell, Deputy Reeve Norm Dalziel and staff member. Carried. MOTION NO. 16 Moved by Dalziel, seconded by Bell Be it resolved that the Minutes of the Oro-Medonte Recreation Advisory Committee meeting held Thursday, February 3, 1994 be received as printed and circulated. Carried. MOTION NO. 17 Moved by Martin, seconded by Caldwell Be it resolved that the Parks and Recreation Supervisor bring back recommendations of staffing, services and administration to the Recreation Advisory Committee for consideration with the exception of any staffing report or recommendations which will be directed to Council. Carried. MOTION NO. 18 Moved by Crokam, seconded by Dickie Be it resolved that the Minutes of the Oro-Medonte planning Advisory Committee meeting held Thursday, February 10, 1994 be received as printed and circulated. Carried. MOTION NO. 19 Moved by Beard, seconded by Dalziel Be it resolved that in regards to P 3/94 Ganaraska-Oro Estates Limited Part Lot 1, Concession 5, Horseshoe Valley (Oro), application for an Official Plan Amendment that this proposal is premature and should not proceed to a Public Meeting at this time as it does not conform to the corridor portion of the policies of OPA #39. Recorded vote requested by Mayor Robert Drury Councillor Mortson Councillor Martin Councillor Dickie Deputy Reeve Dalziel Councillor Crokam Councillor Crawford Reeve Caldwell Councillor Bell Deputy Mayor Bear4 Mayor Drury Yea Nay Nay Nay Yea Yea Yea Yea Yea Yea Carried. f - 6 - MOTION NO. 20 Moved by Mortson, seconded by Beard Be it resolved that in regard to Development Application P 4/94. Pearl and Norman Guthrie, Part Block X, Plan 902, Concession 10 (Oro) for a Zoning By-law Amendment, that this proposal proceed to a Public Meeting as soon as possible. Carried. MOTION NO. 21 Moved by Dalziel, seconded by Mortson Be it resolved that Report No. 94-2 Committee of the Whole Meeting held Thursday, February 10, 1994 and the recommendations contained therein be adopted as printed and circulated and further than Motion #6 be deleted. carried. MOTION NO. 22 Moved by Caldwell, seconded by Martin Be it resolved that Council directs the By-law Enforcement Officer and C.A.O. advise Bay Animal Control and the ontario Humane Society that their existing contracts for Animal Control will be extended to June 30, 1994. Carried. MOTION NO. 23 Moved by Mortson, seconded by Caldwell Be it resolved that the Township of Oro-Medonte congratulates Councillor Don Bell the current Chairman of the East Simcoe Plowmans Association for being successful in securing the 1997 International Plowing Match to be held in Essa Township. Carried. MOTION NO. 24 Moved by Beard, seconded by Dalziel Be it resolved that WHEREAS the former Townships of Oro and Medonte are on record as having opposing views on the Corridor Study presently before the On~ario Municipal Bo~r4, AND WHEREAS the council of Oro-Medonte has not debated the issue of the Corridor Study. AND WHEREAS the part of Amendment 39 referring to the Corridor Study has never been subject to a separate and distinct public meeting, AND WHEREAS the Corridor Study refers only to one side of the County Road 22, and does not consider or address the north side of Simcoe Road 22. AND WHBRBAS the total ecosystem of the Oro Moraine has not been considered in this study, II ,. - 7 - THEREFORE be it resolved that the Council of Oro-Medonte request that the ontario Municipal Board adjourn this matter until the Council of Oro-Medonte can establish a common municipal position on this matter. Recorded vote requested by Deputy Mayor Beard Deputy Mayor Beard Councillor Bell Reeve Caldwell Councillor Crawford Councillor Crokam Deputy Reeve Dalziel Councillor Dickie Councillor Martin Councillor Mortson Mayor Drury Yea Nay Nay Nay Nay Yea Yea Yea Nay Nay Defeated MOTION NO. 25 Moved by Beard, seconded by Dalziel Be it resolved that the Corporation of the Township of Oro- Medonte accept the agreement of the General Accident Assurance Company to insure the liability assumed by this Resolution as follows: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY 1. ASSUMES THE LIABILITY FOR BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR DESTRUCTION OF PROPERTY OF OTHERS, IMPOSED BY LAW UPON: (a) Members of Council, commissioners, Trustees, Board Members, statutory Officers, Officers, Employees or Volunteer Workers of the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE for liability which arises out of the use or operation by such person of a licensed motor vehicle, or (b) the owner of any licensed motor vehicle, for liability which arises out of the use or operation of such licensed motor vehicle by Members of Council, commissioners, Trustees, Board Members, Statutory Officers, Officers, Employees or Volunteer Workers of the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 2. DECLARES THAT SUCH ASSUMPTION OF LIABILITY BE SUBJECT TO THE FOLLOWING LIMITATIONS, EXCLUSIONS AND CONDITIONS: (a) This assumption of liability applies only to the use or operation of a licensed motor vehicle in Canada or the united States of America by Members of Council, Commissioners, Trustees, Board Members, statutory Officers, Officers, Employees or Volunteer Workers on behalf of the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE including travel to and from work and attendance at meetings. (b) This assumption of liability applies only in excess of existing insurance carried by the owner of the licensed motor vehicle which was being used or operated by Members of Council, Commissioners, Trustees, Board Members, Statutory Officers, Officers, Employees or Volunteer Workers at the time of the accident and does not apply unless the licensed motor vehicle wbich was being used or operated by such I .,. - 8 - person at the time of the accident is insured for not less that the minimum Third Party Liability Limit required by The Insurance Act for the Province of ontario. (c) This assumption of liability is subject to the agreements, conditions, terms and limit of liability insured in the Non-Owned Automobile Policy issued by the GENERAL ACCIDENT ASSURANCE COMPANY and shall terminate whenever such Non-Owned Automobile Policy i terminated. Carried. MOTION NO. 26 Moved by Martin, seconded by Caldwell Be it resolved that the Corporation of the Township of Oro- Medonte Petition for Subsidy on expenditures totalling $1,205,296.09 for the year 1993 (Medonte) carried. MOTION NO. 27 Moved by Beard, seconded by Bell Be it resolved that the Corporation of the Township of Oro- Medonte Petition for Subsidy on expenditures totalling $1,407,044.74 (Oro) Carried. MOTION NO. 28 Moved by Crokam, 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 By-law No. 94-54. Carried. that By-law No. 94-54 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. carried. MOTION NO. 29 Moved by Martin, seconded by Crokam Be it resolved that we do now adjourn at 10:30 p.m. carried. & ( (2 / .. ~/ /' .... LI~~_ "YOR ROBERT E. DRURY DEPUTY CLERK LYNDA AIKEN