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09 01 1993 Council Minutes , , THB CORP()DTION 01' THB TOWNSHIP 01' ORO RBGULAR MEETING 01' COUNCIL nDNBSDAY# SBft_D 1# 1993 41 7100 P.M. - COUNCIL CDlIBBRS TWBNTY-NINTH MEBTING 1991-1994 COUNCIL council met this evening pursuant to adjournment @ 7:15 p.m. with the following members present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor Alastair Crawford Councillor Joanne Crokam Councillor Leonard Mortson staff Present: Henry Sander, Treasurer/C.A.O., Ms. Kris Menzies, Planner Also Present Was: Mr. Earl Robertson, Mr. Pat Capobianco, Mr. Guido Pappa, Mrs. Shirley Woodrow, Mr. Stephen Woodrow. Reeve 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": Reeve Drury declared a potential pecuniary interest with Agend Item (5) General Accounts #15868, in regard to McIntyre Property Services, the nature being his sons's girlfriend is employed by this Company. For the purpose of presenting and passing of the accounts, Reeve Drury vacated the chair to Deputy Reeve Caldwell and left the diocese. Reeve Drury, Deputy Reeve Caldwell and Councillor Crawford declared a potential pecuniary interest with items 6 (e) and 9 (f), both being correspondence from Aird and Berlis, re: B.A.F.M.A Fall Event. The nature of their interest being the members are engaged in a litigation suit against them by this company. For the purpose of discussion and adoption of the resolution concerning item 6 (e), Councillor Mortson assumed the chair. For the purpose of discussion and adoption of the resolution pertaining to item 9 (f), the members left the diocese while Councillor Crokam was in the chair. - 2 - 2. DEPUTATIONS: 3. a) b) c) d) e) f) g) h) i) None. CONSENT AGENDA: j) County of Simcoe, correspondence re: Reduction in speed limit - Hamlet of Rugby; Lehman and Associates Planning Consultants, correspondence re: Proposed Plan of SUbdivision, Part of Lot 3, Concession 7; The Orillia Public Library, correspondence re: Budget cuts an closure for various periods of time; Ministry of Transportation, correspondence re: Roadside Maintenance - Items Eligible; Aird and Berlis, Solicitors, Confidential Correspondence re: B.A.F.M.A. Fall Event; ontario Municipal Board Hearing, re: Official Plan Amendment No. 37; Aird and Berlis, correspondence re: ontario Municipal Board decision, 7th Concession pit Applications; David S. White, Solicitor, correspondence re: Bravakis; Ministry of Transportation, Expenditure and Subsidy Report for the period ending July 31, 1993; Township of Vespra Notice of Public Meeting concerning a Proposed Amendment to the General Zoning By-Law, re: Part of Lot 33, Concession 1, W.P.R.; 4. REPORTS OF MUNICIPAL OFFICERS: a) Jack Anderson, Livestock Valuer's Report re: one Nanny Goat killed by wolves, owned by John Perryman, Lot 17, Concession 13; Jack Anderson, Livestock Valuer's Report re: one calve killed by wolves, owned by Neil McNiven, Lot 3, Concession 8; Jack Anderson, Livestock Valuer's Report re: one Ewe killed b wolves, owned by Mel Mawdsley, Lot 15, Concession 14; Jack Anderson, Livestock Valuer's Report re: one calve killed by wolves, owned by Robert Quinn, Lot 8, Concession 14; Ron Kolbe, C.B.O. monthly Building Report for July; Henry Sander, Treasurer/Administrator, Confidential Memo re: Deborah Broderick, Employment Contract; Kris Menzies, Planner, Report re: 7th Line ontario Municipal Board decision; Kris Menzies, Planner, Report re: Johnson Plan of Subdivision Price's Corners, revised plan; Kris Menzies, Planner, Report re: Arbour Draft Plan Proposal; Kris Menzies, Planner, Report re: Capobianco Draft Plan; Kris Menzies, Planner, Report re: Lot 12, Plan 1316, Concession 14, (Brown) Rezoning conversion; Kris Menzies, Planner, Report re: Concession 1, Part Lot 37, (Bravakis); Kris Menzies, Planner, Report re: Part Lot 22 and 23, Concession 2, (Key); Fred Haughton, Public Services Administrator, Report re: Orillia Township, Highway No. 12 and 2nd Line Lighting; Fred Haughton, Public Services Administrator, Report re: M.T.O. Roads Needs Study; Kris Menzies, Planner, Report re: Bravakis Woodlands, P23/89 Fire Reservoir; Kris Menzies, Planner, Report re: Hastings Subdivision Proposed Laneway; b) c) d) e) f) g) h) i) j) k) I) m) n) 0) p) q) - 3 - 5. COMMUNICATIONS: a) Township of Vespra, correspondence re: Annual Midhurst World- Class Autumnfest Log-Sawing Contest, September 25, 1993; b) David S. White, Solicitor, Confidential Correspondence re: Grossman/Bravakis; c) Karen Simpson, correspondence re: concerns with the Proposed Bravakis Plan of Subdivision; d) smith, Lyons, Torrance, Stevenson and Mayer, correspondence re Cedarbrook Estates Subdivision and cancellation of Letter of Credit; e) R.G. Robinson and Associates Limited, correspondence re: Cedarbrook Subdivision; f) Aird and Berlis, Solicitors, Confidential correspondence re: B.A.F.M.A. Fall Event (dated August 25/93); g) R.G. Robinson and Associates correspondence re: Sugarbush Phase III - Stage III; h) Seeley and Arnill, correspondence re: Buffalo Springs and O.P.A. #39, Cost Sharing Agreement; MOTION NO. 1 Moved by Caldwell, seconded by Crokam Be it resolved that the Agenda for the Council Meeting dated Wednesday, September 1, 1993, be adopted as printed and circulated with the addition of the following: 8. p) q) 9. g) h) Kris Menzies, Planner, Report re: Bravakis Woodlands - Fire Reservoir, P23/89; Kris Menzies, Planner, Report re: Hastings Subdivision Proposed Laneway; R.G. Robinson and Associates correspondence re: Sugarbus Phase III - Stage III; Seeley and Arnill, correspondence re: Buffalo Springs an O.P.A. #39, Cost Sharing Agreement; carried MOTION NO. 2 Moved by Mortson, seconded by Crawford Be it resolved that the minutes of the Regular Meeting of Council held Wednesday, August 11, 1993, be adopted as printed and circulated. Carried MOTION NO. 3 Moved by Crawford, seconded by Mortson Be it resolved that the accounts presented for the period ending Wednesday, September 1, 1993, in the amount of $174,871.16, plus payroll for the period ending Thursday, August 19, 1993, in the amount of $35,050.40, in accordance with the computer print-out presented to council, be approved for payment. Carried MOTION NO. 4 Moved by Crokam, seconded by Mortson Be it resolved that the Road Expenditures for the period ending Wednesday, September 1, 1993, be accepted as presented, and further the Treasurer be authorized to issue cheques in the amount of $85,094.88. Carried - 4 - MOTION NO. 5 Moved by Crokam, seconded by Mortson Be it resolved that the Recommendations listed on the Consent Agenda, Item No.6, be received. Carried MOTION NO. 6 Moved by crokam, seconded by Caldwell Be it resolved that the report of Livestock Valuer, Jack Anderson, for one goat 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 $150.00. Carried MOTION NO. 7 Moved by Caldwell, seconded by Crokam Be it resolved that the report of Livestock Valuer, Jack Anderson, for one calve killed by wolves, owned by Neil McNiven, Lot 3, Concession 8, be received and the Treasurer be authorized to make compensation to Mr. McNiven in the amount of $350.00. Carried MOTION NO. 8 Moved by Mortson, seconded by Crawford Be it resolved that the report of Livestock Valuer, Jack Anderson, for one ewe killed by wolves, owned by Mel Mawdsley, Lot 15, Concession 14, be received and the Treasurer be authorized to make compensation to Mr. Mawdsley in the amount of $175.00. Carried MOTION NO. 9 Moved by Crawford, seconded by Mortson Be it resolved that the report of Livestock Valuer Jack Anderson, for one calf killed by wolves, owned by Robert Quinn, Lot 8, Concession 14, be received and the Treasurer be authorized to make compensation to Mr. Quinn in the amount of $300.00. Carried MOTION NO. 10 Moved by Crokam, seconded by Caldwell Be it resolved that the report from Ron Kolbe, Chief Building Official, monthly building activity report for July 1993, in the amount of $1,167,935.00, be received. Carried MOTION NO. 11 Moved by Crokam, seconded by Caldwell Be it resolved that the Confidential Memo from Henry Sander, Treasurer/Administrator, regarding Employment Contract, Deborah Broderick, be received and adopted. Carried - 5 - MOTION NO. 12 Moved by Crawford, seconded by Mortson Be it resolved that the report from Kris Menzies, Planner, regardin 7th Line O.M.B. decision, be received. carried MOTION NO. 13 Moved by Crokam, seconded by Caldwell Be it resolved that the report from Kris Menzies, Planner, regard in proposed Plan of SUbdivision, P13/87, (Johnson) Prices Corners, be received and adopted. Carried MOTION NO. 14 Moved by Crawford, seconded by Mortson Be it resolved that the report from Kris Menzies, Planner, regard in Arbour Draft Plan of Subdivision proposal, be received and adopted. Carried MOTION NO. lS Moved by Caldwell, seconded by Crokam Be it resolved that the report of Kris Menzies, Planner, regarding Capobianco proposed Draft Plan of Subdivision, be received and adopted. carried MOTION NO. 16 Moved by Caldwell, seconded by Crokam Be it resolved that the report from Kris Menzies, Planner, regard in Rezoning Application, Lot 12, Plan 1316, (Brown) be received. Carried MOTION NO. 17 Moved by Crawford, seconded by Mortson Be it resolved that the report from Kris Menzies, Planner, regard in Bravakis Rezoning Application P23/89, be received. Carried MOTION NO. 18 Moved by Caldwell, seconded by Crokam Be it resolved that the report from Kris Menzies, Planner, regard in Rezoning Application, Part of Lot 22 and 23, Concession 2, (Key) be received and the application proceed to a Public Meeting at the nex available date. Carried MOTION NO. 19 Moved by Mortson, seconded by Crawford Be it resolved that the report from Fred Haughton, Public Services Administrator, regarding illumination lighting, Highway No. 12 and the 2nd Line of Orillia Township, be received. Carried - 6 - MOTION NO. 20 Moved by Caldwell, seconded by Crokam Be it resolved that the report from Fred Haughton, Public Services Administrator, regarding Ministry of Transportation Roads Needs Study, be received and the following resolution be endorsed: WHEREAS the Council of the Corporation of the Township of Oro at it meeting of September 1, 1993, by Resolution, recommended that financial assistance be obtained from the Ministry of Transportatio of ontario for implementation and preparation of a Road Needs Study at the rate of 75% for the amalgamated municipality of the Township of Oro-Medonte; AND WHEREAS it is of extreme importance that a financial commitment be acquired prior to year end; IT IS THEREFORE recommended that the Ministry of Transportation be requested to indicate their position relevant to funding; AND FURTHER that the Public services Administrator, be authorized t communicate with the Ministry of Transportation of ontario in this regard and advise the Township of Medonte accordingly. Carried MOTION NO. 21 Moved by Mortson, seconded by Crawford Be it resolved that the report from Kris Menzies, Planner, regard in Bravakis/Woodlands Subdivision, Application P23/89, Fire Reservoir, be received and adopted. Carried MOTION NO. 22 Moved by Crokam, seconded by Caldwell Be it resolved that the report from Kris Menzies, Planner, regard in Hastings Subdivision Proposed Laneway, be received and the Rezoning Application, proceed to a Public Meeting at the next available date Carried MOTION NO. 23 Moved by Crokam, seconded by Caldwell Be it resolved that the correspondence from the Township of Vespra, regarding their Annual Midhurst Autumnfest Log-Sawing Contest, be received and the following members of Council will be participating in same on September 25, 1993, @ 1:00 p.m.: Reeve Drury; Deputy Reeve Caldwell; and Councillor Mortson as stand-in. Carried MOTION NO. 24 Moved by Caldwell, seconded by Crokam Be it resolved that the correspondence from Karen Simpson, regardin proposed Development, Part of Lot 10, Concession 5, (Bravakis-Edgar be received and acknowledged and copy of same be forwarded to the developer for his information and appropriate attention. carried - 7 - MOTION NO. 25 Moved by Mortson, seconded by Crawford Be it resolved that the letter from solicitors, smith, Lyons, et al regarding Cedarbrook Estates Subdivision, Letter of Credit, be received. carried MOTION NO. 26 Moved by Caldwell, seconded by Crokam Be it resolved that the correspondence from R.G. Robinson and Associates, Township Engineers, regarding Cedarbrook Subdivision an status Report on outstanding works, be received and the Treasurer/Administrator advise the developer that the Township of Oro requires a Letter of Credit to be renewed until such time as al outstanding subdivision agreement requirements are fulfilled, and further, if the Letter of Credit is not renewed that the Treasurer be authorized to cash the securities accordingly. carried MOTION NO. 27 Moved by Mortson, seconded by Crokam Be it resolved that the Confidential Correspondence from Township Solicitors Aird and Berlis, regarding B.A.F.M.A. Fall Event, be received and the solicitors be authorized to proceed with option No 2, as provided for in their correspondence dated August 19, 1993. Carried MOTION NO. 28 Moved by Crokam, seconded by Caldwell Be it resolved that the correspondence from R.G. Robinson and Associates be received and the Treasurer be authorized to notify ontario Hydro to have the Street Lights energized and that the developer be responsible for the energy charges resulting from same failure of which, the developer will comply to the original Subdivision Agreement, specifically Clauses 43 (b) and Clause 45. Carried MOTION NO. 29 Moved by Caldwell, seconded by Crokam Be it resolved that the correspondence received from Seeley and Arnill, regarding Buffalo springs and O.P.A. #39 (Cost Sharing Agreement) be received. Carried MOTION NO. 30 Moved by Mortson, seconded by Crawford Be it resolved that the minutes of the Township of Oro History Committee Meeting held Thursday, August 12, 1993, be received as printed and circulated. Carried ~ - 8 - MOTION NO. 31 Moved by Caldwell, seconded by Crokam Be it resolved that the petition from Sugarbush residents, requesting energizing of street lights in the development, be received and they be advised of the passing of resolution #28. Carried MOTION NO. 32 Moved by Caldwell, seconded by Crokam Be it resolved that the Treasurer/Administrator be authorized to petition the Ministry of Transportation for Interim payment of subsidy for 1993 expenditures. carried MOTION NO. 33 Moved by Mortson, seconded by Crawford Be it resolved that the law firm of Aird and Berlis serve and file an appeal, pursuant to section 96 of the ontario Munici al Board Ac from the decision of the ontario Municipal Board, dated August 19, 1993, re: O.M.B. Files 0900205, etc. by Mr. Watty and Ms. Heindenreich and that Councilor Committee of the Whole be further apprised of this matter by Aird and Berlis and Staff with thirty (30) days. Carried MOTION NO. 34 Moved by Crokam, seconded by Caldwell Be it resolved that the Council of the Township of Oro endorse and support the nomination of Reeve Robert E. Drury in seeking election for the 1994 Warden for the County of simcoe. carried MOTION NO. 35 Moved by Caldwell, seconded by Crokam Be it resolved that Council authorize the placing of the publicatio "story of Oro" in retail outlets at a wholesale cost of $8.00, plus G.S.T., provided that at least ten (10) copies are purchased from the municipality. Carried MOTION NO. 36 Moved by Crawford, seconded by Mortson Be it resolved that a By-Law to Authorize an Agreement for Fire Protection between the Township of Oro and the City of Barrie, be introduced and read a first and second time and numbered By-Law No. 93-60. Carried That By-Law No. 93-60 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Carried - 9 - MOTION NO. 37 Moved by Crokam, seconded by Caldwell Be it resolved that a By-Law to Amend By-Law No. 91-58, a By-Law to regulate the parking of vehicles (8th Line), be introduced and read a first and second time and numbered By-Law No. 93-61. Carried That By-Law No. 93-61 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Reeve Drury Requested a Recorded Vote Deputy Reeve Caldwell Councillor Crawford Councillor Crokam Councillor Mortson Reeve Drury Yea Yea Yea Yea Yea Carried MOTION NO. 38 Moved by Crokam, seconded by Caldwell Be it resolved that a By-Law to Rezone Lot 12, Plan 1316, Concessio 14, (Brown) be introduced and read a first and second time and numbered By-Law No. 93-62. Carried That By-Law No. 93-62 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. carried MOTION NO. 39 Moved by Crawford, seconded by Mortson Be it resolved that a By-Law to Rezone Part Lot 37, Concession 1, R 51R-3619, Part 2, Bravakis, be introduced and read a first and second time and numbered By-Law No. 93-63. carried MOTION NO. 40 Moved by Caldwell, seconded by Crokam Be it resolved that a By-Law to Authorize the Paving of the Reconstructed 7th Line Concession Road, be introduced and read a first and second time and numbered By-Law No. 93-64. carried That By-Law No. 93-64 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. Recorded Vote Requested by Deputy Reeve Caldwell Councillor Mortson Councillor Crokam Councillor Crawford Deputy Reeve Caldwell Reeve Drury Yea Yea Yea Yea Yea Carried - 10 - MOTION NO. 41 Moved by Mortson, seconded by Crawford Be it resolved that we do now go into Committee of the Whole @ 8:35 p.m. MOTION NO. 42 Moved by Crawford, seconded by Mortson carried Be it resolved that we do now Rise and Report from Committee of the Whole @ 8:55 p.m. MOTION NO. 43 Moved by Mortson, seconded by Crawford Carried Be it resolved that the correspondence from David White, Solicitor, regarding Grossman/Bravakis Draft Road Agreement, Part of Lots 36 and 37, Concession 1, be received and the Solicitor advise the parties of the Township's position in this matter. MOTION NO. 44 Moved by Crawford, seconded by Mortson carried Be it resolved that a By-Law to Confirm the Proceedings of Council held September 1, 1993, be introduced and read a first and second time and numbered By-Law No. 93-65. Carried That By-Law No. 93-65 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. MOTION NO. 45 Moved by Mortson, seconded by Crawford Be it resolved that we do now adjourn @ 9:15 p.m. Carried Carried M... .LG.,t -'../ J.d2r.....v A ~ ) {CLERK DARLENE SHOEBRIDGE