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09 07 1994 Council Minutes y- , TIUI CORPORATIOR OP TIUI TOWNSHIP OP oao-lt'BDONTB COV1lC:IL UftING nmmSDAY. SBPTBHBD 7. 1114 (I 7150 P.M. - COUNCJ:L CDKBBR8 :IRTIBH UftING 1111-1114 COUNCIL he 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 taff Present: Mr. Gary cunnington, Administrator, Kris Menzies, Planner, Deborah Broderick, Parks and Recreation Manager. Shirley Woodrow, Stephen Woodrow, Don Hanney, George snider, Jim Kyle, Nick MacDonald, one member of the press, Jean Crawford, Ken Joyce, Elaine Joyce. lso Present Were: ayor Drury assumed the chair and opened the meeting with prayer. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT": ayor Drury, Reeve Caldwell and Councillor Crawford declared a ecuniary interest with item 5 (c) on the agenda being passing of ccount to Aird & Berlis # M07957 regarding B.A.F.M.A; as well as (a) general accounts #37198, #35754 to Barrie Examiner and Orillia acket re: B.A.F.M.A. In addition, the 3 members subsequently eclared a pecuniary interest with item 10(b) Report of Committee of he Whole August 24, 1994, referencing B.A.F.M.A. items. Item 6 (g) eing confidential correspondence from Aird & Berlis regarding .A.F.M.A.; item 13 (c) being a By-law to authorize the execution of inutes of Settlement and Agreement between 576487 ontario Limited (B.A.F.M.A.). The nature being the above members are involved in a aw suit with the owners of the property. Mayor Drury vacated the hair to Deputy Mayor Beard and he along with the two members left he dias and did not participate in the discussion or resolution on hese matters. ouncillor Crokam declared a pecuniary interest with general ccounts, item 5(a) to Maple Leaf Disposal as her brother-in-law and ister own the business. Councillor Crokam left the room and did ot discuss or participate in the resolution of the accounts. ayor Drury declared a pecuniary interest with items 8. (g), Kris enzies, Report re: UNF Lands, Pt. Lot 21 & 22, Plan 1464 and 13.(e) y-Iaw 94-132, being a By-law to deems lots 21 & 22, Plan 1464. The ature of the confliects being, he is the owner of 759188 ontario td. (Drury Well Drilling) and this company has submitted tender on rilling a well on the subject lands. Mayor Drury vacated the chair o Deputy Mayor Beard, left the dias and did not participate or vote n the resolutions on these matters. - 2 - 2. DEPUTATIONS: (a) 7:00 p.m. Public Meeting re: Bachly Zoning By- law Amendment Pt. of Lot 15, Conc. (formerly Medonte) to allow for a 69 lot residential plan of subdivision. Public Meeting re: Timbersmith, Official Plan and Zoning By-law Amendment, Pt. Lot 40, Conc. 1 (formerly Vespra) to allow for the of the property for a log home construction yard, sawmill, inventor building, sales and display area, office picnic area, and residence fo the foreman. (b) 7:30 p.m. (c) 8:00 p.m. Deborah Broderick, Parks and Recreation Manager, was present to open tenders for Concession Booth rental, Arena complex. 1. Oro Minor Hockey Auxiliary. 10% cheque ($300.00) $3,000.00 for season. 2. Brian Gross. 111 Dunlop st. E. Barrie $3,600.00 for season. $360.00 deposit cheque. (d) 8:15 p.m. Mr. George Snider, re: zoning, Pt. Lo 41, Conc. 1. (Medonte). Mr. Snider owns subject lands and had a tenant who operated a portable saw mill. As result of a By-law enforcement complaint, the operation ceased. Planner Kris Menzies advised the property was zoned rural exception an a saw mill was not a permitted use. Council requested the By-law Enforcement Officer to report back to Council on the particulars of the infraction. (e) 8:45 p.m. Jim Kyle, Nick MacDonald, Planning Consultants representing Sabiston & Valdoro proposed developments, Pt. Lo 1-3, Conc. 7 (Oro) spoke to Council concerning proposed parkland dedication. As the sUbject lands are involved in the current OMB Hearing related to OPA #39, #60 & #67, and th Board has made verbal predisposition on the status of parkland dedication being held in private interest as opposed to pUblic interest (Township) extensive discussion ensued regarding the dedication of land or cash-in-lie of parkland being made to the municipality. 3. PASSING OF ACCOUNTS: (a) Township of Oro-Medonte General Accounts, September 7, 1994. (b) Township of Oro-Medonte Road Accounts, September 7, 1994. (c) Township of Oro-Medonte Account, September 7, 1994 (BAFMA ) J - 3 - 4. CONSENT AGENDA CORRESPONDENCE: (a) Ernest Bidwell, Livestock Valuer Report, re: 1 lamb killed by wolves 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 $120.00. (b) Mervin Faris, Livestock Valuer Report, re: 1 lamb killed by wolves owned by Don Reid, Reoommendation: Receive and the Treasurer be authorized to make compensation to Don Reid in the amount of $110.00. (c) Ministry of Finance, correspondence re: Supplementary Assessment Fee. Recommendation: Receive and file. (d) Mallory Insurance Brokers Ltd., correspondence re: Part of Lo 1, Conc. 1, formerly Oro. Reoommendation: Receive and file. (e) E. W. Horrigan & Associates Limited, correspondence re: Proposed Power Increase for CFJB-FM Barrie. Recommendation: Receive and file. (f) City of Orillia, correspondence re: Budget - Oro-Barrie-Orilli Regional Airport. Reoommendation: Receive and file. (g) Aird & Berlis, Township Solicitors, confidential correspondenc re: B.A.F.M.A. Reoommendation: Receive and file. (h) Mrs. Walter Rix, correspondence re: Warminster water billing. Reoommendation: Be received and the Public Works Administrato respond accordingly. (i) David R. Patterson, correspondence re: Warminster water billing. Reoommendation: Be received and the Public Works Administrato respond accordingly. 5. REPORTS OF MUNICIPAL OFFICERS: (a) Darlene Shoebridge, Clerk, report re: Polling Station Facilities for 1994 Election. (b) Darlene Shoebridge, Clerk, report re: Remuneration and Rates for Personnel and Facility Rental for 1994 Election. (c) Gary Cunnington, C.A.O., confidential memo re: Temporary Building Inspector. Gary Cunnington, C.A.O., memo re: Communal Tile Bed, Horseshoe Valley. (d) (e) (f) Kris Menzies, Planner, report re: GIS Base Mapping for MAS. Kris Menzies, Planner, report re: OPA 15 (former Township of Medonte). - 4 - 5. REPORTS OF MUNICIPAL OFFICERS CONTINUED: (g) Kris Menzies, Planner, memo re: Bravakis-Edgar, P-14/89. (h) Kris Menzies, Planner, report re: Lot 21 & 22, Plan 1464 (U.N.F. Lands) 6. COMMUNICATIONS: (a) Township of Clearview, correspondence re: Local Government Disclosure of Interest Act, 1994. (b) Gore & storrie Limited, correspondence re: City of Barrie, Long-Term Sludge Management Study, Schedule C Class Environmental Assessment. (c) Eight-Mile Point Trust and Cottagers Association, correspondence re: Name Changes for Eight Mile Point. (d) Ministry of Environment and Energy, correspondence re: Permit to Take Water - Gold Mountain Springs Inc., Lot 3, Conc. 10. (e) David and Sharon Sparling, correspondence re: Agreement regarding Building Permit. (f) Township of Springwater, correspondence re: Challenge to participate in Annual Midhurst World-Class Autumnfest Log- Sawing Contest. Alcorn & Associates Limited, correspondence re: Parkland Dedication, Sabiston and Valdoro Developments. 1 oved by Dalziel, seconded by Mortson e it resolved that the Agenda for the Council Meeting dated ednesday, September 7, 1994 be adopted as printed and circulated with the addition of the following): 3. (f) Being a By-law to authorize execution of an Agreement (County Rd. 22 Intersection) Carried. By-law 94-133 OTION NO. 2 oved by Martin, seconded by Caldwell e it resolved that the Minutes of the Special Meeting of Council eld on Wednesday, Augu~~ 17, 1994, be adopted as printed and ircu~. Carried. OTION NO. 3 oved by Beard, seconded by Dalziel e it resolved that the Minutes of the Special Meeting of Council eld on Wednesday, August 24, 1994, be adopted as printed and irculated. Carried. - 5 - MOTION NO. 4 Moved by Dickie, seconded by Martin Be it resolved that the accounts presented for the period ending August 31, 1994, in the amount of $157,830.68, plus payroll for th period ending August 18, 1994, in the amount of $56,800.96 in accordance with the computer print-out presented to Council, be approved for payment. Carried. MOTION NO. 5 Moved by Dalziel, seconded by Mortson Be it resolved that the account presented for the period ending September 7, 1994, for B.A.F.M.A. from Aird & Berlis Invoice #1024 for a total of $7,417.70 on cheque #M07957 in accordance with the computer print-out presented to Council be approved for paYment. Recorded vote requested by Mortson Deputy Mayor Beard Councillor Bell Deputy Reeve Dalziel Councillor Dickie Councillor Martin Councillor Mortson Yea Yea Yea Yea Yea Yea Carried. MOTION NO. 6 Moved by caldwell, seconded by Dickie Be it resolved that the Road Expenditures for the period ending August 31, 1994, be accepted as presented, and further, the Treasurer be authorized to issue cheques in the amount of $120,933.61. Carried. MOTION NO. 7 Moved by Bell, seconded by Dalziel Be it resolved that the recommendations listed on the Consent Agend Item No. 6 be received and adopted with the exception of item 6 (g) Carried. MOTION NO.8 Moved by Dalziel, seconded by Mortson Be it resolved that the correspondence from Aird & Berlis, Township I Solicitors, confidential correspondence re: B.A.F.M.A. be received. Carried. MOTION NO.9 Moved by Beard, seconded by Dalziel Be it resolved that the report from Darlene Shoebridge, Clerk, re: Polling station Facilities for 1994 Election be received and adopted, subject to confirmation, as may be required. The advance polls are to occur on saturday in both former Townships and on Wednesday at the Administration Centre of Oro-Medonte. Carried. - 6 - MOTION NO. 10 Moved by Caldwell, seconded by Martin Be it resolved that the report from Darlene Shoebridge, Clerk, re: Remuneration and Rates for Personnel and Facility Rental for 1994 Election, be received and adopted. Carried. MOTION NO. 11 Moved by Caldwell, seconded by Martin Be it resolved that the tender for rental of the Oro-Medonte Community Centre Concession Booth be awarded for the 1994/95 seaso to: Oro-Minor Hockey Auxiliary at a rate of $3,000.00 and further the series of post dated cheques and proof of insurance be submitt prior to execution of the agreement. Recorded vote requested by Reeve Caldwell Councillor Mortson Councillor Martin Councillor Dickie Deputy Reeve Dalziel Councillor Crokam Councillor Crawford Reeve Caldwell Councillor Bell Deputy Mayor Beard Mayor Drury Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Carried. MOTION NO. 12 Moved by Beard, seconded by Bell Be it resolved that the correspondence received from Alcorn & Associates Limited regarding Parkland Dedication, Sabiston Development be received and the Township will accept the proposed park block as shown on enclosed site plan provided that in addition the developer level the entire ball playing field to municipal standards. Recorded vote requested by councillor Mortson 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 Yea Nay Nay Yea Yea Yea Carried. - 7 - MOTION NO. 13 Moved by Dalziel, seconded by Mortson Be it resolved that the Developers of the proposed Valdoro Development be required to contribute financial award (cash-in-lie eqivalent to the value of land and grading work contributed by the adjacent Sabiston development. Recorded vote requested by Mayor Drury Deputy Mayor Beard Councillor Bell Reeve Caldwell Councillor Crawford Councillor Crokam Deputy Reeve Dalziel Councillor Dickie Councillor Martin Councillor Mortson Mayor Drury Yea Yea Yea Nay Nay Yea Yea Yea Yea Nay Carried. MOTION NO. 14 Moved by Crawford, seconded by Crokam Be it- resolved that Motion #13 be amended that the value represent 5% land or cash-in-lieu of the Valdoro development. Defeated MOTION NO. 14(a) Moved by Caldwell, seconded by Martin Be it resolved that the Township Solicitors, Aird & Berlis be required to present the Township's,position and resolutions regarding proposed parkland/cash-in-lieu requirements respecting th Valdoro Development, at the OPA #60 Board Hearing which reconvenes september 9, 1994; and further such legal costs incurred be borne by the municipality. Carried. MOTION NO. 15 Moved by Mortson, seconded by Dalziel Be it resolved that the confidential memo from Gary cunnington, C.A.O., re: Temporary Building Inspector, be received and adopted. Carried. MOTION NO. 16 ~oved by Dalziel, seconded by Beard Be it resolved that the memo from Gary Cunnington, C.A.O., re: :ommunal Tile Bed, Horseshoe Valley, be received and adopted. - 8 - Recorded vote requested by Reeve Caldwell Councillor Mortson Councillor Martin Councillor Dickie Deputy Reeve Dalziel Councillor Crokam Councillor Crawford Reeve Caldwell Councillor Bell Deputy Mayor Beard Mayor Drury Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Carried. MOTION NO. 17 Moved by Beard, seconded by Dalziel Be it resolved that the report from Kris Menzies, Planner, re: GIS Base Mapping for MAS, be received and adopted and Keir Consultants be authorized to prepare digitized base mapping at a cost of $14,437.00 per contract specifications. ' Carried. MOTION NO. 18 Moved by Dalziel, seconded by Mortson Be it resolved that the memo from Kris Menzies, Planner, re: Bravakis-Edgar, P-14/89, M.M.A. questionnaire be received and approved. Carried. MOTION NO. 19 Moved by Bell, seconded by Dalziel Be it resolved that we suspend Rule 7 of Procedural By-law 94-38 in order to allow the meeting to proceed past the normal adjournment hour of 11:00 p.m. Carried. OTION NO. 20 oved by Mortson, seconded by Crawford e it resolved that the report from Kris Menzies, Planner, re Lot 2 nd 22, Plan 1464 (U.N.F. Lands) be received and adopted. Carried. OTION NO. 21 oved by Caldwell, seconded by Martin ~ it resolved that the report from Kris Menzies, Planner re: OPA 15 (former Medonte) be received and deferred until October 8, 1994 o the owner and/or his solicitor has had opportunity to address ouncil on their intentions or proposal for future use of the lands. Carried. - 9 - MOTION NO. 22 Moved by Crawford, seconded by Dalziel Be it resolved that the correspondence received from Clearview Township seeking endorsement of a Clearview Township resolution regarding Bill 163 (Local Government Disclosure o~ Interest Act, , 1994) be received and the council of the corporat~on of the Townsh of Oro-Medonte support said resolution, and further that the Minister of Municipal Affairs, Allan K. McLean, M.P.P. and the Township of Clearview be so advised. 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 Nay Yea Yea Yea Yea Yea Yea Yea Yea Yea Carried. MOTION NO. 23 Moved by Caldwell, seconded by Martin Be it resolved that the correspondence received from Gore & storrie Limited regarding City of Barrie, Long-Term Sludge Management Study Schedule C Class Environmental Assessment, be received and the Township of Oro-Medonte will be kept up-to-date as the project proceeds. Carried. MOTION NO. 24 Moved by Beard, seconded by Mortson Be it resolved that the correspondence received from Eight-Mile Point Trust and Cottagers Association regarding Street Name Change for Eight Mile Point, be received and approved, subject to legislative requirements and co-ordination with implementing 911 Provincially Enhanced Emergency System. Recorded vote requested by Councillor Martin Councillor Mortson Councillor Martin Councillor Dickie Deputy Reeve Dalziel Councillor Crokam Councillor Crawford Reeve Caldwell Councillor Bell Deputy Mayor Beard Mayor Drury Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Carried. - 10 - MOTION NO. 25 Moved by Crokam, seconded by Dickie Be it resolved that the correspondence received from the Ministry Environment and Energy regarding a Permit to Take Water - Gold, , Mountain springs Inc., Lot 3, Conc.10, and subsequent Townsh~p s response be received and the proponent be requested to make appropriate planning applications. Carried. MOTION NO. 26 Moved by Bell, seconded by Dalziel Be it resolved that the correspondence received from David and Sharon sparling regarding a Building Permit Agreement be received and Council approve of the remaining structure being used for storage purposes only, subject to confirmation by the Chief Buildin Official and any applicable zoning requirements. Carried. MOTION NO. 27 Moved by Beard, seconded by Crawford Be it resolved that the correspondence received from the Township 0 Springwater regarding a challenge to participate in Annual Midhurst World-Class Autumnfest Log-Sawing Contest, be received and the following members of Oro-Medonte Council will attend: Reeve Caldwell and Councillor Mortson. Carried. MOTION NO. 28 Moved by Crokam, seconded by Martin Be it resolved that that the minutes of the Oro-Medonte Recreation Advisory Committee meeting held September 1, 1994 be received. Carried. MOTION NO. 29 Moved by Beard, seconded by Dalziel Be it resolved that Deputy Reeve Norm Dalziel be authorized to discuss on behalf of the Recreation Committee with Max Craig the us of the craighurst Park for recreational purposes. Carried. MOTION NO. 30 Moved by Beard, seconded by ,Dalziel Be it resolved that the Alcohol Risk Management Policy be adopted a amended by deleting section 3.1.2 as per Township Solicitors recommendation. Carried. 41 - 11 - MOTION NO. 31 Moved by Bell, seconded by Mortson Be it resolved that Dave Knox, Nancy stoddart, Meryl Drake, Anne Brousseau and Deborah Broderick be authorized to attend the O.M.R. Conference at a cost of $71.80 per person for accommodation throug the use of the Horseshoe supplier Credit certificate. Carried. MOTION NO. 32 Moved by Crokam, seconded by Dickie Be it resolved that Dave Knox, Nancy Stoddart, Meryl Drake, Deborah Broderick, Alastair Crawford, Deborah stringer and Cecil Phillips b authorized to attend the O.M.R.A. Conference at a cost of $40.00 pe person for registration. Carried. MOTION NO. 33 Moved by Beard, seconded by Dalziel Be it resolved that Report No. 94-18 of the special Committee of th Whole ~eeting held August 24, 1994 be received and the recommendations contained therein be adopted. Carried. MOTION NO. 34 Moved by Caldwell, seconded by Dickie Be it resolved that the correspondence from Hogben, Mayhew, Hill, Solicitors, regarding proposed purchase of Part of Road Allowance (Simcoe Road) adjacent to Lot 53, (Oro) Plan 589, as presented on August 24, 1994 at Committee of the Whole, be received and the Cler be directed to respond to the inquiry, stating the process and estimated costs to be assumed by the potential purchases, and bring back response to Council for confirmation, if they still desire to proceed. Carried. MOTION NO. 35 Moved by Caldwell, seconded by Martin Be it resolved that a By-law to rezone Part of Lot 20, Concession 5, (formerly Oro), be introduced and read a first and second time and numbered By-law No. 94-128. Carried. ~hat By-law No. 94-128 be read a third time and finally passed, be ~ngrossed by the Clerk, signed and sealed by the Mayor. - 12 - Recorded vote requested by Reeve Caldwell Deputy Mayor Beard Councillor Bell Reeve Caldwell Councillor Crawford Councillor Crokam Deputy Reeve Dalziel Councillor Dickie councillor Martin Councillor Mortson Mayor Drury MOTION NO. 36 Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Carried. Moved by Beard, seconded by Dalziel Be it resolved that a By-law to authorize the use of a composite ballot for the 1994 election, be introduced and read a first and second time and numbered By-law No. 94-129. Carried. That By-law No. 94-129 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 37 Moved by Dalziel, seconded by Bell Be it resolved that a By-law to authorize the execution of Minutes of Settlement and Agreement between 576487 ontario Limited (BAFMA) and the Township of Oro-Medonte, be introduced and read a first and second time and numbered By-law No. 94-130. carried. That By-law No. 94-130 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Deputy Mayor. Recorded vote requested by Councillor Mortson Councillor Mortson Councillor Martin Councillor Dickie Dep~ty Reeve Dalziel Councillor Crokam Councillor Bell Deputy Mayor Beard MOTION NO. 38 Yea Yea Yea Yea Yea Yea Yea carried. Moved by Dalziel, seconded by Mortson Be it resolved that a By-law to designate certain plans of subdivision not to be registered plans of subdivision within the meaning of the Planning Act, R.S.O. 1990 c. P. 13 as amended, be introduced and read a first and second time and number By-law No. 94-132. Carried. hat By-law No. 94-132 be read a third time and finally passed, be ngrossed by the Clerk, signed and sealed by the Deputy Mayor. Carried. - 13 - MOTION NO. 39 Moved by Caldwell, seconded by Crokam Be it resolved that a By-law to appoint a temporary Building Inspector, be introduced and read a first and second time and numbered By-law 94-131. Carried. That By-law No. 94-131 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 40 Moved by Mortson, seconded by Crawford Be it resolved that a By-law to authorize the entering into of a Agreement between Monica Interior Design Ltd, 767987 ontario Limited, 850892 ontario Limited and Indian Park Association, be introduced and read a first and second time and numbered By-law 94 133 Carried. That By-law No. 94-133 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded vote requested by Reeve caldwell Deputy Mayor Beard Councillor Bell Reeve Caldwell Councillor Crawford Councillor Crokam Deputy Reeve Dalziel Councillor Dickie Councillor Martin Councillor Mortson Mayor Drury Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Carried. MOTION NO. 41 Moved by Mortson, seconded by Bell Be it resolved that the Motion #33 be rescinded. Recorded vote requested by Councillor Mortson 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. 42 Moved by Dalziel, seconded by Bell Be it resolved that Report No. 94-18 of the Special committee of th Whole meeting held August 24, 1994 be received and the recommendations contained therein be adopted. - . . - 14 - Recorded vote requested by councillor Crokam Deputy Mayor Beard Councillor Bell Councillor Crokam Deputy Reeve Dalziel councillor Dickie Councillor Martin Councillor Mortson Yea Yea Yea Yea Yea Yea Yea Carried. . MOTION NO. 43 Moved by Dalziel, seconded by Mortson 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. 94-134. Carried. That By-law No. 94-134 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. MOTION NO. 44 Moved by Martin, seconded by Caldwell Be it resolved that we do now adjourn @ 12:50 p.m. Carried. ~E SHOEBRIDGE