10 26 1994 COW Minutes
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present:
Mayor Robert Drury left @ 3:15 p.m.
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, C.A.O., Kris Menzies,
Planner, Henry Sander, Tr~asurer, Jeff
Brydges, Deputy Treasurer, Debbie Mooney,
Acting Revenue Clerk.
Also Present Were:
Spencer Vernon, Bill & Joan Reid, Ian Rowe,
Marshall Green, Jim Kyle.
Mayor Drury chaired the meeting and called the meeting to order @
9:30 a.m.
1.
DISCLOSURE OP PECUNIARY INTEREST AND
THE GENERAL NATURE THEREOP: - IN ACCORDANCE WITH THE ACT"
Mayor Drury and Reeve Caldwell declared a pecuniary interest with
items 3 (a) accounts - (BAFMA #104449 October 26) Aird & Berl!s;
7. (a) Aird & Berlis correspondence re: BAFMA; 7. (b) Kris
Menzies, Report re: BAFMA Rezoning and 2. (b) Deputation from
Marshall Green re: Drury ats. BAFMA. The nature of their
interests being the members are being personally sued by the
owners of BAFMA Inc. Mayor Drury vacated the chair to Deputy
Mayor Beard and did not participate or vote on the matters. Reev
Caldwell also left the table and did not participate or vote on
these items. :
In addition, Reeve Caldwell also declared a potential pecuniary
interest with item 3. (b) General Accounts, #38743 to the Packet
& Times re: BAFMA Meeting notice. The nature being same as noted
above. Reeve Caldwell left the table and did not participate or
vote on the matter. (Mayor Drury inadvertently did not declare hi
pecuniary interest on this particular item at the time, however h
made a subsequent declaration to that effect and desired it be so
noted. )
Mayor Drury also declared a pecuniary interest with items 6. (b)
Ian Wilson, correspondence re: new well Harbourwood development;
(c) Ian Wilson, correspondence re: Warminster well and 6. (d) R.G
Robinson, correspondence re: Harbourwood subdivision well
quotation. The nature being Mayor Drury's company has submitted
well drilling quotations on these projects. Mayor Drury had left
the meeting at 3:15 p.m. prior to these items being discussed, an
Deputy Mayor Beard chaired the meeting until its adjournment.
2.
DEPUTATIONS:
(a)
Mr. Spencer Vernon and Mr. & Mrs. william Rei
and solicitor Mr. Ian Rowe addressed Council
re: York Sand & Gravel site Plan, Pt. Lot 11,
Conc.7 (Oro). (This portion of the meeting
was held In-camera - without prejudice, due t
potential litigation.)
10:00 a.m.
Mr. Aubrey Ford, Solicitor, re: Status of OP
#15 (Medonte) Pt. Lot 15, Conca 9, (Smith) di
not appear before Committee as scheduled.
Council recessed for lunch @ 12:00 noon and reconvened at 12:40
2.
(b)
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(c)
p.m.
(d)
3.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
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DEPUTATIONS CONTINUED:
11:00 a.m.
Mr ;--Marshall Green ,-Solicitor, representing
Robert Drury, addressed Council with respect
~o legal costs his client had incurred in
defence of a personal claim in his capacity
Mayor, filed by BAFMA Incorporated. This
litigation suit/matter has now ceased and is
no longer before the courts. Mr. Green was
seeking reimbursement to Mr. Drury for his
legal costs as it was in his capacity of May
that the suit stated its allegations.
1:30 p.m.
2:00 p.m.
Jim Kyle, Acorn & Associates, spoke to his
correspondence on the agenda with respect to:
.
1. Application P8/93 (Oro), Pt. Lot 35 & 36,
Conca 1
2. Application P34/89 (Oro), Pt. Lot 34,
Conca 1
3. Proposed Development,Pt. Lot 25 & 26,
Concessions 6 & 7 (Oro)
PINANCE. ADMINIfTRATION AND PIRE:
Harry Alkema, correspondence re: Accessability to Hawkestone
Hall.
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D. Ram, correspondence re: Garbage Collection Charges.
Allan Ball, correspondence re: Tile Drainage Loan Interest
Charges.
Henry Sander, Treasurer, memo re: Allan Ball - Tile Drainage
Jim Shellswell, confidential correspondence re: Prudential
and Workers' compensation Board insurance.
Henry Sander, Treasurer, copy of confidential correspondenc
re: Workers' compensation Claim.
Dale Beers, confidential correspondence re: Parks and
Recreation Department.
Linda Cameron, confidential correspondence re: Administrativ
Secretary posit~on.
Aird & Berlis, Township Solicitors, confidential
correspondence re: Rogan v. Robinson and the Township of Oro
Medonte.
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Kris Menzies, Planner, correspondence re: Personnel matter.
Gary Cunnington, C.A.O., memo re: 911 Street Name
Duplication.
Gary Cunnington, C.A.O., memo re: Appeal of Former Township
of Oro Development Charge.
Henry Sander, Treasurer, report re: Bank Accounts.
Henry Sander, Treasurer, memo re: Business Tax write Off.
Henry Sander, Treasurer, report re: Municipal Tax Sales Act.
3.
(p)
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(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
6.
(a)
(b)
(c)
(d)
(u)
(v)
(e)
7.
(a)
(b)
(c)
.
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FINANCE. ADMINISTRATION AND FIRE CONTINUED:
Henry Sander, Treasurer, report re: Toronto Dominion Bankli
Service.
Henry Sander, Treasurer, report re: Tax Account Balances.
Henry Sander, Treasurer, memo re: outstanding Dog Tag
Revenue.
Resolution re: Tile Drainage Loan - Penalty waived (Roll 20
003-057)
Report of Committee of Referees, County Restructuring.
Resolution re: Petition Ministry of Transportation for
Interim Payment for 1994 Expenditures.
Discussion re: Yard Waste Disposal.
Discussion re: Granite Monument at Administration Centre an
Vehicle Transfers (logo).
Discussion re: County Waste Management Negotiations status,
county of Simcoe.
PUBLIC WORKS:
Fred Haughton, PWA, report re: Warminster Water system - Ri
Ian D. Wilson Associates Limited, correspondence re: New
Well, Harbourwood Development.
Ian D. Wilson A$sociates Limited, correspondence re:
Warminster Well 2, Township of Oro-Medonte.
R. G. Robinson & Associates (Barrie) Ltd. correspondence re:
Harbourwood Subdivision Well Quotation Evaluation.
R. G. Robinson & Associates, correspondence re: craighurst
Estates (Flos).
R. G. Robinson & Associates, correspondence re: sprucewood
Estates, (Scott silo Construction Limited), Letter of Credit
M. L. Francis, correspondence re: Road Allowance Fronting
Lots 18 & 19, Plan 949, Conca 1 (Orillia).
PLANNING AND DEVELOPMENT:
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Aird & Berlis, Township Solicitors, confidential
correspondence re: BAFMA and Township of Oro-Medonte.
Kris Menzies, Planner, report re: BAFMA Rezoning.
Alcorn & Associates Limited, correspondence re: Part of Lot
35 & 36, Conca 1, (Copeland P-8/93).
(d)
Alcorn & Associates Limited, correspondence re: Part of Lot
34, Conca 1. (Sabiston).
(e)
Alcorn & Associates Limited, correspondence re: Part of Lot
25 and 26, Conca 7 and Part of Lot 26, Conca 6 (Proposed Gol
Course & Residential).
(f)
(g)
Ron Kolbe, C.B.E.O. report re: York Sand & Gravel site visit
Kris Menzies, Planner, report re: York Sand & Gravel site
Plan.
(h)
Kris Menzies, Planner, report re: Building Permit, Low
Sensitivity Lands.
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7.
PLANNING AND DEVELOPMENT CONTINUED:
( i)
Kris Menzies, Planner, report re: County Development charge
study.
(j)
Kris Menzies, Planner, report re: Timbersmith OPA.
8.
COMMUNITY SERVICES:
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(a)
Moonstone & District Recreation committee, correspondence r
community Centre in Moonstone.
Carthew Bay Ratepayers Association, correspondence re:
speeding, new boat launch and street name change.
(b)
MOTION NO.1
Moved by Dalziel, seconded by Bell
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It is recommended that the agenda for the committee of the Whole
Meeting held Wednesday, October 26, 1994 be adopted as printed
and circulated with the addition of the following:
5. (x)
Discussion re: status of Waste Management Negotiations
County of Simcoe.
Carried.
MOTION NO.2
Moved by Martin, seconded by Crokam
It is recommended that the accounts presented for the period
ending October 26, 1994, in the amount of $245,197.99, plus
payroll for the period ending October 13, 1994, in the amount of
$44,599.01 in accordance with the computer print-out presented
to Council, be approved for payment.
Carried.
MOTION NO.3
Moved by Mortson, seconded by Dalziel
It is recommended that the Road Expenditures for the period
ending October 26, 1994, be accepted as presented, and further,
the Treasurer be authorized to issue cheques in the amount of
$56,759.21.
Carried.
MOTION NO."
Moved by Mortson, seconded by Bell
It is recommended that the account presented for the period
ending October 26, 1994, for B.A.F.M.A. from Aird & Berlis
Invoice #104449 in the amount of $1,306.75 in accordance with the
computer print-out presented to Council be approved for payment.
carried.
MOTION NO.5
Moved by Caldwell, seconded by Mortson
It is recommended that the correspondence received from Harry
Alkema, re: Accessability to Hawkestone Hall, be received and
acknowledged that the Hawkestone community Hall Committee are
endeavouring to provide permanent handicapped access to the
facility which in~art will be financially supported by the
Township.
Carried.
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MOTION NO.6
Moved by Beard, seconded by Crokam
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It is recommended that the correspondence received from D. Ram,
re: Garbage Collection Charges, be received and the appropriate
garbage collection charges be waived for the Warminster variety
Gas Bar.
Carried.
MOTION NO.7
Moved by Bell, seconded by Caldwell
It is recommended that we do now go In Camera @ 10:00 a.m.
Carried.
MOTION NO.8
Moved by Beard, seconded by Crokam
It is recommended that we do now Rise and Report from In Camera
11:00 a.m.
~è
Carried.
MOTION NO.9
Moved by Dalziel, seconded by Dickie
It is recommended that the legal expenses incurred by Mayor
Robert Drury in defe~ce of the personal legal action filed by
B.A.F.M.A. Inc. be paid by the municipality.
Recorded vote requested by Deputy Mayor Beard
Councillor Bell
Councillor Crawford
Councillor Crokam
Deputy Reeve Dalziel
Councillor Dickie
Councillor Martin
Councillor Mortson
Deputy Mayor Beard
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
carried.
MOTION NO. 10
Moved by Crawford, seconded by Dickie
It is recommended that the correspondence received from Allan
Ball, re: Tile Drainage Loan Interest Charges be received and the
interest charge be adjusted to reflect the actual period that the
interest charges apply for 1994.
Carried.
MOTION NO. 11
Moved by Bell, seconded by Caldwell
It is recommended that we do now go In Camera @ 12:38
p.m.
Carried.
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MOTION NO. 12
Moved by Dalziel, seconded by Mortson
It is recommended that we do now Rise and Report from In Camera @
1:15 p.m.
Carried.
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MOTION NO. 13
Moved by Beard, seconded by Crokam
It is recommended that the confidential corresponden~e.received
from Linda Cameron, re: Administrative Secretary Pos~t~on, be
received and council concur with the responses of the C.A.O.
already provided with respect to this matter.
Carried.
MOTION NO. 14
Moved by Crokam, seconded by Martin
It is recommended that steve Barnes be offered the position of
Arena/parks Labourer at the starting level of the existing salary
range and further the Parks and Recreation Manager be authorized
to hire temporary staff.
carried.
MOTION NO. 15
Moved by caldwell, seconded by Bell
It is recommended that the correspondence received from Kris
Menzies, Planner, re: Personnel matter be received and the letter
of resignation be accepted with regrets and further the C.A.O. be
directed to place the appropriate advertisements for the position
at the earliest possible date.
Carried.
MOTION NO. 16
Moved by Mortson, seconded by Caldwell
It is recommended:~hat the memo received from Gary cunnington,
C.A.O., re: 911 Street Name Duplication, be received and adopted.
:~
Carried.
MOTION NO. 17
Moved by Beard, seconded by Crokam
It is recommended that the memo from Gary cunnington, C.A.O., re:
Appeal of Former Township of Oro Development Charge, be received
and adopted.
Carried.
MOTION NO. 18
Moved by Martin, seconded by Beard
It is recommended that the report from Henry Sander, Treasurer,
re: Bank Accounts, be received and adopted.
Carried.
MOTION NO. 19
Moved by Caldwell, seconded by Bell
It is recommended that the memo from Henry Sander, Treasurer, re:
Business Tax write Off, be received and adopted.
Carried.
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MOTION NO. 20
Moved by Dalziel, seconded by Caldwell
,
It is recommended that the report from Henry Sander, Treasurer,
re: Municipal Tax Sales Act, be received and adopted.
Carried.
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MOTION NO. 21
Moved by Dalziel, seconded by Mortson
It is recommended that the report from Henry Sander, Treasurer,
re: Toronto Dominion Bankline services, be received and adopted.
carried.
MOTION NO. 22
Moved by Crokam, seconded by Beard
It is recommended that the report from Henry Sander, Treasurer,
re: Tax Account Balances, be received and adopted.
Carried.
MOTION NO. 23
Moved by Beard, seconded by Crokam
It is recommended that the memo from Henry Sander, Treasurer, re:
outstanding Dog Tag Revenue, be received and adopted.
Carried.
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MOTION NO. 24
Moved by Martin, seconded by Crawford
It is recommended that further to a deputation to the Committee
of the Whole at 1:15 p.m. on September 14, 1994 by the property
owner, James Andy Mendel, Concession IX, West Part Lot 5, Roll
No. 4356 020 003 05~00 and Motion No. 18 penalty be waived for
August 3, $10.68, September 2, $10.68, Octo~er 4, $21.34,
November, $21.34, and December, 1994, $21.34.
Recorded vote requested by Mayor Drury
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
Nay
Yea
Yea
Yea
Yea
Yea
Nay
Carried.
MOTION NO. 25
Moved by Crawford, seconded by Dickie
It is'recommended that the report of the Committee of Referees,
County Restructuring be received and accepted.
Carried.
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MOTION NO. 26
Moved by Bell, seconded by Mortson
It is recommended that the Treasurer be authorized to petition
the Ministry of Transportation for Interim Payment under the
Public Transportation and Highway Improvement Act on expenditures
made in the year 1994.
Carried.
MOTION NO. 27
Moved by Crokam, seconded by Martin
It is recommended that the correspondence received from R. G.
Robinson & Associates (Barrie) Ltd. re: Harbourwood Subdivision
Well Quotation Evaluation, be received and further that Greenlaw
Drilling be retained to drill the proposed well at an estimated
cost of $24,331.00. '
Carried.
MOTION NO. 28
Moved by Caldwell, seconded by Bell
It is recommended that the correspondence received from R. G.
Robinson & Associates (Barrie) Ltd. re: craighurst Estates (Flos)
be received and the Treasurer be authorized to reduce Letter of
Credit Securities to a retained amount of $409,935.00.
..
;
Carried.
MOTION NO. 29
Moved by Dalziel, seconded by Mortson
It is recommended that the correspondence received from R. G.
Robinson & Associates (Barrie) Ltd. re: sprucewood Estates,
(Scott silo Construction Limited) Letter of Credit, be received
and the Treasurer be authorized to reduce Securities to a
retained amount of $164,645.00.
Carried.
MOTION NO. 30
Moved by Martin, seconded by Crokam
It is recommended that the correspondence received from M. L.
Francis, re: Road Allowance Fronting Lots 18 & 19, Plan 949,
Concession 1 (Orillia) be received and the Public Works
Administrator prepare a report on this matter and suggest he
contact the owners solicitor in this regard, and report back to
Council.
Carried.
MOTION NO. 31
Moved by Crawford, seconded by Dickie
It is recommended that the confidential correspondence received
from Aird & Berlis, Township solicitors, re: BAFMA and Township
of Oro-Medonte, be received.
Carried.
MOTION NO. 32
Moved by Bell, seconded by Mortson
It is recommended lhat we suspend rule 7 of Procedural By-law 94-
38 in order to allow the meeting to proceed past the normal
adjournment hour of 4:00 p.m.
Carried.
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MOTION NO. 33
Moved by Bell, seconded by Mortson
It is recommended that the report received from Kris Menzies,
Planner re: BAFMA re-zoning, be received and adopted.
Carried.
MOTION NO. 34
Moved by Martin, seconded by Crokam
It is recommended that the correspondence received from Alcorn &
Associates Limited re: Part of Lot 35 & 36, Conca 1 (Copeland P
8/93) be received ~nd the appropriate By-law to adopt an Officia
Plan Amendment be presented to the 1994-1997 Council elect.
Carried.
MOTION NO. 35
Moved by Bell, seconded by Mortson
It is recommended that the correspondence received from Alcorn &
Associates Limited, re: Part of Lot 34, Conca 1 (Sabiston) be
received and the appropriate By-law to adopt an Official Plan
Amendment be presented to the 1994-1997 Council elect.
Carried.
MOTION NO. 36
Moved by Crokam, seconded by Crawford
It is recommended that the correspondence received from Alcorn &
Associates Limited, re: Part of Lot 25, Conca 7 and Part of Lot
26, Conca 6 (Proposed Golf Course & Residential) be received and
the appropriate planning applications be submitted.
Carried.
MOTION NO. 37
Moved by Caldwell, seconded by Bell
It is recommended that the report from Ron Kolbe, C.B.E.O., re:
York Sand & Gravel site Visit be received and recommendation #1
be adopted, and/or review pictures of the site.
Carried.
MOTION NO. 38
Moved by Mortson, seconded by Dalziel
It is recommended that the report from Kris Menzies, Planner, re:
York Sand & Gravel site Plan, be received and recommendation No.
1 be adopted.
Carried.
MOTION NO. 39
Moved by Bell, seconded by Caldwell
It is recommended that the report from Kris Menzies, Planner, re:
Building permit, Low Sensitivity Lands, be received and a
Building Permit b¿issued for Part Lot 1, Conca 6 (Medonte),
based on the Rural zone setbacks.
Carried.
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MOTION NO. 40
Moved by Bell, seconded by Mortson
It is recommended that the report from Kris Menzies, Planner, re:
county Development Charges study, be received and adopted, and
further that the Township may comment in the future as other
areas of concern are brought forward.
carried.
MOTION NO. 41
Moved by Crokam, seconded by Martin
It is recommended that the report from Kris Menzies, Planner, re:
Timbersmith OPA be received and the By-law to adopt OPA #33
(Vespra) be presented to council for their consideration.
carried.
MOTION NO. 42
Moved by Dalziel, seconded by Caldwell
It is recommended that the correspondence received from the
Moonstone & District Recreation committee, re: community Centre
in Moonstone, be received and the 1994-1997 council consider suc
a request once they have obtained further public input and
investigated its feasibility.
Recorded vote requested by Reeve Caldwell
councillor Bell
Reeve Caldwell
councillor Crawford
councillor Crokam
Deputy Reeve Dalziel
councillor Dickie
councillor Martin
councillor Mortson
Deputy Mayor Beard
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
carried.
MOTION NO. 43
Moved by Dickie, seconded by Crawford
It is recommended that the correspondence received from the
Carthew Bay Ratepayers Association, re: speeding new boat launch
and s~reet name change, be received and referred'to the 1994-1997
Counc~l.
Carried.
MOTION NO. 44
Moved by Crokam, seconded by Martin
It is recommended that,the following correspondence and
communications be rece~ved and filed:
5. (a), (e), (f), (g), (i). 6. (a), (b), (c).
Carried.
MOTION NO. 45
Moved by Caldwell, seconded by Mortson
It is recommended that we do now adjourn @ 5:20 p.m.
Carried.
t'<'