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07 13 1994 SpCouncil Minutes TIUI CORPORA~IOR 01' TIIB T01INS1IIP 01' oaO-KBDON'lB 8PBC:IAL COV1lC:IL DftING 1fBDlfB8DAY. JULY 13. 1114 . 7145 P.K. - COV1lC:IL CBAKBBR8 TWBHTY-PIPH DItTING 1111-1114 COUNCIL The following members of Council were present: Mayor Robert E. Drury Deputy Mayor Ian Beard Reeve David Caldwell Deputy Reeve Norman Dalziel Councillor Donald Bell Councillor Alastair Crawford Councillor Joanne Crokam Councillor Walter Dickie Councillor Murray Martin Councillor Leonard Mortson staff Present: Mr. Gary Cunnington, Administrator, Also Present Were: Al Wrigley, Lloyd Fletcher, Marion Bartholomew, Bruce wiggins, Allen Gilchrist, Paul Miller, Mikhail Bulinau, Geoffrey M. Laplante, John W Beaucage, David White, Doug Roe and Ron Green. Mayor 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": Mayor Drury, declared a pecuniary interest with item 7 (a) on the agenda being a deputation by B.A.F.M.A. and item 12 (e) on the agenda being a By-law to amend the zoning By-law to allow for a maximum 4 day Highland Games event. The nature being the above member is involved in a law suit with the owners of the property. Mayor Drury, Reeve Caldwell and Councillor Crawford declared a pecuniary interest with item 5 (b) being passing of account to Aird & Berlis regarding B.A.F.M.A. The nature being the above members are involved in a law suit with the owners of the property. Mayor iDrury vacated the chair to Deputy Mayor Beard and he along with the two members left the table and did not participate in the discussio or resolution on these items. Reeve Caldwell and Councillor iCrawford did not assume their chairs until the Special Public iMeeting regarding B.A.F.M.A. was adjourned. e Councillor Crokam declared a pecuniary interest with item 5 on the agenda being passing of accounts #050860 to Maple Leaf Disposal. The nature being the Company is owned by her brother-in-law and sister. The member did not participate or vote on the matter. 2. DEPUTATIONS: (a) 7:05 p.m. Public Meeting re: B.A.F.M.A., Zoning By-law Amendment to rezone lands located in Part of Lot 22, Conc. 8, (formerly Oro) to allow for a maximum 4 day Highland Games event. - 2 - (b) 10:00 p.m. Mr. David White, Township Solicitor, re: Pt. Lot 21, Conc. 3 (Oro), ~poke to Council regarding the poten~~al acquisition of road allowance ~n exchange for existing roadway. (c) 8:20 p.m. Doug Roe, Mid-Ontario Disposal. Gary, cunnington, Administrator ga~e Counc~ a overview of current compla~nts , regarding the new garba~e collec~~on. Doug Roe spoke to Counc~l ~egard~ng the complaints and the opt~ons available as a possible solution to these problems. (a) (b) (c) PASSING OF ACCOUNTS: Township of Oro-Medonte Accounts, June 28, 1994; Township of Oro-Medonte Account (B.A.F.M.A.) June 28, 1994; Township of Oro-Medonte Accounts, July 13, 1994; 3. 4. CONSENT AGENDA CORRESPONDENCE: Ministry of Finance, correspondence re: ontario Government Charging Fee For Supplementary Assessments. Recommendation: Receive and acknowledge. (b) Ministry of Culture, Tourism and Recreation, correspondence re: Public Library Grant. (a) Recommendation: Receive and file. (c) Shanty Bay Ratepayers Association, correspondence re: Joint Planning Agreement with city of Barrie. Recommendation: Receive and file. (d) David S. White, Township Solicitor, correspondence re: Davie O.M.B. Recommendation: Receive and file. (e) Mervin Faris, Livestock Valuer, Report re: 2 sheep killed by wolves owned by Catherine Hunnisett, Lot 9, Conc. 5 (formerly Medonte) Recommendation: Receive and the Treasurer be authorized to make compensation to Catherine Hunnisett in the amount of $350.00. (f) Jack Anderson, Livestock Valuer, Report re: 1 lamb killed by wolves owned by Bob Lamb, Lot 7, Conc. 12, (formerly Oro) Recommendation: Receive and the Treasurer be authorized to make compensation to Bob Lamb in the amount of $120.00. (g) Ministry of Transportation, correspondence re: 1994 Supplementary Subsidy Allocation. Recommendation: Receive and file. (h) Ontario Clean Water Agency, correspondence re: Application for Financial Assistance - Engineering Study Municipal Assistance Program. Recommendation: Receive and file. - 3 - 4. CONSENT AGENDA CORRESPONDENCE CONTINUED: David S. White, Township Solicitor, correspondence re: Alcohol Risk Management Policy. Recommendation: Receive and file. Nancy Baker, Hawkestone Hall Board, correspondence re: Letter of Resignation. Recommendation: Receive and file. (i) (j) (k) The Orillia Public Library, correspond7nce of Unused Portion for Medonte Membersh~p. Recommendation: Receive and file. Reimbursement re: 5. REPORTS OF MUNICIPAL OFFICERS: (a) Gary Cunnington, C.A.O., memo re: Timber Ridge Condominium Townhouse Project. Gary Cunnington, C.A.O., memo re: City of Orillia User Fee Charges for Recreation Services. Gary cunnington, C.A.O., confidential memo re: Collective Agreement with Local 3640. Gary Cunnington, C.A.O., confidential memo re: Collective Agreement with CUPE Local 3640. Gary Cunnington, C.A.O., memo re: Ontario Clean Water Agency, Financial Assistance - Engineering Study - Horseshoe Valley Sewage. Gary Cunnington, C.A.O., memo re: Lots Being Held As Security By Township In Horseshoe Valley. (b) (c) (d) (e) (f) (g) Henry Sander, Treasurer, report re: 1994 Grant Allocations. (h) Deputy Reeve Norm Dalziel, memo re: Recreation In Medonte, Halls & Parks. (i) Darlene Shoebridge, Clerk, Confidential report re: Temporary Receptionist Position. (j) Lynda Aiken, Deputy Clerk, report re: Bingo Hall Proposal, Pt. Lot 21, Conc. 7. Mr. Laplante given leave by Council to address the Bingo Hall proposal with questions being entertained from Council. 6. COMMUNICATIONS: (a) Town of Innisfil, correspondence re: Initiative to charge Municipalities for the cost of Supplementary Assessment. (b) Township of Springwater, correspondence re: Arena Grant Request. (c) Oro-Barrie-Orillia Regional Airport Commission, correspondence re: Oro-Barrie-Orillia Regional Airport Budget. (d) City of Orillia, correspondence re: Oro-Barrie-Orillia Airport. (e) County of Simcoe Roads Department, correspondence re: Simcoe County Mixed Three Pitch Tournament August 20, 1994 - 4 - 6. COMMUNICATIONS CONTINUED: Gibson & Adams, correspondence re: OPA #37 and 796573 ontario Limited. Aird & Berlis, Confidential correspondence re: sarjeant (Bass Lake) . (f) (g) MOTION NO.1 Moved by Caldwell, seconded by Martin Be it resolved that the Agenda for the council Meeting dated 4 b d ted as Printed and circulated (with Wednesday, July 13, 199 7 a op the addition of the follow~ng): 9.(f) Gibson & Adams, Solicitors, correspondence re: OPA #37 and 796573 ontario Limited. Doug Roe, Mid ontario re: Garbage contract 7.(c) 9. (g) Aird & Berlis, confidential correspondence re: sarjeant (Bass Lake). Carried. MOTION NO. 2 Moved by Beard, seconded by Dalziel Be it resolved that the Minutes of the Special Public Meeting of Council held on Wednesday, June 15, 1994, (Mullabrack), be adopted as printed and circulated. carried. MOTION NO. 3 Moved by Dalziel, seconded by Mortson Be it resolved that the Minutes of the special Public Meeting of Council held on Wednesday, June 15, 1994, (OchrYm), be adopted as printed and circulated. Carried. MOTION NO. 4 Moved by Dickie, seconded by Crokam Be it resolved that the Minutes of the Regular Meeting of Council held on Wednesday, June 15, 1994 be adopted as printed and circulated. Carried. MOTION NO. 5 Moved by Dalziel, seconded by Bell Be it resolved that the accounts presented for the period ending Jun7 28, 1~94, in the amount of $3,618,207.39, plus payroll for the per~od end~n~ June 23, 1994, in the amount of $40,848.03 in accordance w~th the computer print-out presented to Council, be approved for paYment. Note: Public School Board 2nd \ Separate School Board 2nd \ County 1st Instalment $2,715,694.38 227,799.17 535.210.00 $3,487,703.55 Carried. - 5 - MOTION NO. 6 Moved by Crokam, seconded by Dickie Be it resolved that the Aird & Berlis Invoice #100217 be accepted a presented, and further the Treasurer be authorized to issue a chequ in the amount of $3,826.33. Carried. MOTION NO. 7 Moved by Beard, seconded by Crawford Be it resolved that the Road Expenditures for the period ending Jun 28, 1994, be accepted as presented, and further, the Treasurer be authorized to issue cheques in the amount of $46,770.00. Carried. MOTION NO. 8 Moved by Beard, seconded by Mortson Be it resolved that the accounts presented for the period ending July 13, 1994, in the amount of $188,409.50, plus payroll for the period ending July 7, 1994, in the amount of $67,894.09 in accordance with the computer print-out presented to Council, be approved for payment. Carried. MOTION NO. 9 Moved by Martin, seconded by Caldwell Be it resolved that the Road Expenditures for the period ending Jul 13, 1994, be accepted as presented, and further, the Treasurer be authorized to issue cheques in the amount of $62,667.26. carried MOTION NO. 10 Moved by Dickie, seconded by Crokam Be it resolved that the recommendations listed on the Consent Agend Item No. 6 be received and approved. carried. MOTION NO. 11 Moved by Beard, seconded by Dalziel Be it resolved that the memo from Gary Cunnington, C.A.O., re: Timber Ridge Condominium Townhouse Project, be received and adopted. Carried. MOTION NO. 12 Moved by Mortson, seconded by Bell Be it resolved that the memo from Gary Cunnington, C.A.O., re: City of Orillia User Fee Charges for Recreation Services, be received an adopted. carried. -- - 6 - MOTION NO. 13 Moved by Caldwell, seconded by Martin Be ;t resolved that the confidentia,l memo from Gary cunningtona'nd ~ t th Local 3640, be received C.A.O., re: collective Agreemen w~ adopted. Recorded vote requested by Deputy Mayor Beard councillor Mortson Councillor Martin councillor Dickie Deputy Reeve Dalziel Councillor Crokam councillor Crawford Reeve Caldwell councillor Bell Deputy Mayor Beard Mayor Drury Yea Nay Yea Yea Yea Yea Yea Yea Nay Yea Carried MOTION NO. 14 Moved by Bell, seconded by Beard Be it resolved that the memo from Gary cunnington, C.A.O., re: Collective Agreement with CUPE Local 3640, be received and adopted. Carried MOTION NO. 15 Moved by Caldwell, seconded by Crokam Be it resolved that the memo from Gary cunnington, C.A.O., re: ontario Clean Water Agency, Financial Assistance - Engineering stud - Horseshoe Valley Sewage, be received and adopted. Carried MOTION NO. 16 Moved by Caldwell, seconded by Dickie Be it resolved that the memo from Gary cunnington, C.A.O., re: Lots being held as security by Township in Horseshoe valley, be received and adopted and lot #101 or 102 be accepted as an alternate. Carried MOTION NO. 17 Moved by Martin, seconded by Caldwell Be it resolved that the report from Henry Sander, Treasurer, re: 1994 Grant Allocations be received. Carried. - - 7 - MOTION NO. 18 Moved by Dalziel, seconded by Crawford f m Deputy Reeve Dalziel, re: Be it resolved that the me~~ rOd Parks be received and the various Recreation and Medont7, Haf s ~~94 be approved for a total of hall and park allocat1ons or $10,475.00 as follows: Craighurst Hall Eady Hall warminster Hall Waver ley Jarratt Hall Vasey Park Warminster Park price's Park contingency $500.00 $300.00 $300.00 $100.00 $500.00 $4,000.00 $3,000.00 $750.00 $1,025.00 Carried. MOTION NO. 19 Moved by Martin, seconded by Caldwell Be it resolved that the confidential report from Darlene Shoebridge, Clerk re: Temporary Receptionist position be received and adopted. Carried. Motion #21 amended Motion #20 which then incorporated those amendments. MOTION NO. 20 Moved by Caldwell, seconded by Dickie Be it resolved that the report from Lynda Aiken, Deputy Clerk re: Bingo Hall Proposal be received and Council defer their decision on the Bingo Hall Licence application submitted by Anishinabek Gaming Enterprises, Pt. Lot 21, Conc. 7 until such time as a Letter of Qualification has been received from the applicant as issued by the ontario Gaming commission. Recorded vote requested by councillor Dickie Deputy Mayor Beard Councillor Bell Reeve Caldwell Councillor Crawford Councillor Crokam Deputy Reeve Dalziel Councillor Dickie Councillor Martin Councillor Mortson Mayor Drury Nay Yea Yea Yea Nay Yea Nay Yea Yea Yea Carried. - 8 - MOTION NO. 21 Moved by Caldwell, seconded by Martin Be it resolved that Motion #20 be amended to re~d "be approved" subject to a letter of qualification being rece~v7d from the operator on or before July 30, 1994 by the Townshlp. carried MOTION NO. 22 Moved by Beard, seconded by Mortson Be it resolved that new survey from Mr. to the municipality 1990. the Township of Oro-Medonte when provided with Mascioli they will accept 66 feet to be deeded in reference to D. White's letter December 12, Carried. MOTION NO. 23 Moved by Dalziel, seconded by Mortson Be it resolved that the correspondence from the Town of Innisfil seeking endorsement of a resolution to petition the Province of ontario not to implement initiative to charge Municipalities for th cost of Supplementary Assessment, be received and the Council of th Corporation of the Township of Oro-Medonte support said resolution, and further that the Premier, Minister of Finance, Allan K. McLean, M.P.P. and the Town of Innisfil be so advised. Carried. MOTION NO. 24 Moved by Caldwell, seconded by Martin Be it resolved that the correspondence from the Township of Springwater re: Arena Grant request be received. Carried. MOTION NO. 25 Moved by Caldwell, seconded by Crokam Be ~t reso~ved that t~e ~orrespondence from the Oro-Barrie-Orillia Reg~onal A~rport Comm~ss~on re: Airport budget be received and adopted. Carried. MOTION NO. 26 ~oved by Dalziel, seconded by Mortson ~e it resolved t~at the cor~espondence from the City of Orillia p~oposed resolu~~on concern~ng the Oro-Barrie-Orillia Regional A~rport be rece~ved. and Carried. - 9 - MOTION NO. 27 Moved by Dalziel, seconded by Bell Be it resolved that the Township of Oro-Medonte participate in the annual Simcoe County Mixed Three Pitch Fund Raising Tournament at a cost of $80.00, to be held on Saturday, August 20, 1994 in Minesing Carried MOTION NO. 28 Moved by Dickie, seconded by Crokam Be it resolved that the correspondence from Gibson & Adams, solicitors, re: OPA #37 and 796573, be received and accepted. Carried MOTION NO. 29 Moved by Dalziel, seconded by Mortson Be it resolved that Aird & Berlis be instructed to propose to the Solicitor for the Appellants, Harriet Sargeant et aI, in writing an on a without prejudice basis, that it would consent to an abandonment of the appeal and not seek any costs in relation to tha Appeal; And that such a letter should also propose a time frame for the payment of the cost award of The ontario Court (General Division) and address any other pertinent matters, as determined by Aird & Berlis in consultation with the Township, such as the possible need to remove or clean up any remaining portions of the building which is the subject of this litigation and which was recently razed by fire. Carried MOTION NO. 30 Moved by Beard, seconded by Dalziel Be it resolved that the Treasurer be authorized to apply for an Ess Credit Card on behalf of the Deputy Fire Chief. Carried MOTION NO. 31 Moved by Caldwell, seconded by Martin Be it resolved that the Council of the Township of Oro-Medonte strongly opposes the closing of Camp Hillsdale and authorizes Mayor Drury to work with A. McLean, M.P.P. to approach the Province to keep the facility operational. Carried MOTION NO. 32 Moved by Beard, seconded by Dalziel Be it resolved that a By-law to Authorize the Execution of an Agreement with Mid Ontario Disposal for the Collection, Transport and Recycling of Municipal Garbage, be introduced and read a first and second time and numbered By-law No. 94-116. Carried. That By-law No. 94-116 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. - - 10 - MOTION NO. 33 Moved by Martin, seconded by Crokam Be it resolved that a By-law to enter into an Agreement with B~y Animal control to provide such services as pound Keeper and ~n~mal Control Officer, be introduced and read a first and second t~me and numbered By-law No. 94-117. Carried That By-law No. 94-117 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. carried MOTION NO. 34 Moved by Dalziel, seconded by Bell Be it resolved that a By-law to Authorize the entering into a Boundary Road Agreement with the Township of Severn be introduced and read a first and second time and numbered By-law No. 94-118. Carried That By-law No. 94-118 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried MOTION NO. 35 Moved by Dalziel, seconded by Mortson Be it resolved that a By-law to rezone lands located in Part of Lot 22, Conc. 8 (formerly Oro) to allow for a maximum 4 day Highland Games event, be introduced and read a first and second time and numbered By-law No. 94-119. Carried That By-law No. 94-119 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Recorded vote requested by Councillor Crokam Councillor Mortson Councillor Martin Councillor Dickie Deputy Reeve Dalziel Councillor Crokam Councillor Bell Deputy Mayor Beard Yea Yea Yea Yea Yea Yea Yea Carried MOTION NO. 36 Moved by Dalziel, seconded by Bell Be it resolved that a Borrowing By-law for Tile Drainage Act purposes ($42,300.00) be introduce and read a first and second time and numbered By-law No. 94-120. Carried That By-law No. 94-120 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried , or - 11 - MOTION NO. 37 Moved by Martin, seconded by Caldwell Be it resolved that a Borrowing By-law for Tile Drainage Act purposes ($100,000.00) be introduced and read a first and second time and numbered By-law No. 94-121. carried MOTION NO. 38 Moved by Beard, seconded by Dalziel Be it resolved that a By-law to impose special annual drainage rate under the Tile Drainage Act, (Robertson, Pt. Lot 13, Conc. 3, Oro), be introduced and read a first and second time and numbered By-law No. 94-122. carried That By-law No. 94-122 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried MOTION NO. 39 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. 94-123. carried That By-law No. 94-123 be read a third time and finally passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried MOTION NO. 40 Moved by Martin, seconded by Caldwell Be it resolved that we do now adjourn @ 11:00 p.m. Carried .~~ HA. R ROBERT E. tmY