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03 18 1991 Council Minutes I , THB CORPORATION OP THB TOWNSHIP OP ORO RBGULAR KBBTING OP COUNCIL MONDAY. KARCH 18. 1991. . 7:55 P.M. - COUNCIL CBAKBBRS ONB IIUNDRBD AND PORTY-SIXTH KBBTING 1988-1991 COUNCIL council met this evening pursuant to adjournment @ 7:55 p.m. with the following members present: Reeve Robert E. Drury Deputy Reeve David Caldwell Councillor David Burton Councillor Alastair Crawford Councillor Allan Johnson Also Present Were: Mr. Jim Cowie, Mrs. Shirley Woodrow, Mrs. V. Bell, Mrs. Pat Thompson, Mrs. Thelma Halfacre, Mr. Ron Sommers, Mr. George Lucas, Mr. Joey Burton, Mr. Art Van Veld, Mr. Nelson Robertson, Mr. Earl Robertson, Mr. Berardo Mascioli and One Member of the Press. Reeve Robert E. Drury chaired the meeting. 1. DISCLOSURE AND DECLARATION OF CONFLICT OF INTEREST: None Declared. 2. CONSENT AGENDA: a) Office of the Warden, County of Simcoe re: Press Release, County study Committee; b) County of Simcoe Solid Waste Management Department re: Ontari Hydro Coal Ash; c) C.C. Tatham and Associates Limited, correspondence to R.G. Robinson and Associates re: Harbourwood Subdivision; d) C.C. Tatham and Associates Limited, Correspondence to R.G. Robinson and Associates re: Canterbury Estates; e) R.G. Robinson and Associates Limited, Confidential correspondence to Mr. and Mrs. Walsh re: MSL Proposed SUbdivision; f) Leo F. Longo, Aird and Berlis, Confidential Correspondence re: O.M.B. Board Files 0860042, R860269; g) R.G. Robinson and Associates Limited, Confidential Correspondence to F.J. Reinders and Associates re: MSL Proposed Subdivision; h) Ainley and Associates Limited, Confidential correspondence re: Kovacs Subdivision, Lot 11, Concession 2; i) Ainley and Associates Limited, Confidential Correspondence re: Rogers Cantel Cellular Tower, Lot 22, Concession 7; j) Ainley and Associates Limited, Confidential Correspondence re: Official Plan Amendment No. 40, Simoro Golf Links, Part of Lot 19 and 20, Concession 1, E.P.R.; k) Ainley and Associates Limited, Confidential correspondence re: Development Application P-22/89, Darcon Developments, Part Lot 20, Concession 5; Note: Items h) through k) were not dealt with on the Consent Agenda but were dealt with by separate resolution No.'s 22 through 26 inclusive. . J - 2 - 3. DEPUTATIONS: (There were no deputations at this meeting of Council.) 4. REPORTS OF MUNICIPAL OFFICERS: a) Fred Haughton, Public Services Administrator re: Waterworks Seminar, April 17, 1991; b) Pat Vincent, Secretary Oro Committee of Adjustment re: Committee Decisions March 12, 1991; c) Fred Haughton, Public Services Administrator Report re: Hawkestone stop signs; 5. COMMUNICATIONS: a) Bayview Road Ratepayers Association re: Upgrading of Bayview Road; b) Lake Simcoe Region Conservation Authority re: Lake Simcoe Environmental Management strategy Implementation Program Seminar; c) Township of Tiny re: Restructuring - 1991 Municipal Election; d) Ministry of Transportation re: Highway 69 Construction and Wayside pit Permits; e) MSL re: Shanty Bay Central Water System Study; f) Torkin, Manes, Cohen and Arbus, Confidential Correspondence re Horseshoe Resort corporation; g) Gary Bell, Skelton, Brumwell and Associates Incorporated re: Confidential Correspondence re: O.P.A. and Draft Plan for Woodland Estates; h) W.R. Warman, Chairman, Oro/Barrie/orillia Airport Commission re: Oro/Barrie/Orillia Airport Final Initial Environmental Evaluation Report 6. UNFINISHED OR NEW BUSINESS: a) Councillor Allan Johnson gave a verbal presentation with regards to the Municipality participating in pitch In Week to be held May 6-11, 1991; b) Deputy Reeve Caldwell read the following Press Release concerning the Federal Funding of the Oro/Barrie/Orillia Airport; YOUR WORSHIP AND MEMBERS OF COUNCIL: TODAY, THE AIRPORT COMMISSION HAS FORWARDED THE FINAL INITIAL ENVIRONMENTAL EVALUATION REPORT TO THE MINISTER OF TRANSPORT CANADA THE HONOURABLE DOUG LEWIS, FOR THE REVIEW AND DECISION-MAKING PROCESS. THIS PROCESS WILL DETERMINE THE FEDERAL GOVERNMENT'S PARTICIPATION OR NON PARTICIPATION IN THE AIRPORT PROJECT. OVER THE PAST APPROXIMATELY YEAR AND A HALF, THE COMMISSION HAS HAD THEIR CONSULTANTS PREPARING AN ENVIRONMENTAL REPORT FOR TRANSPORT CANADA AS PART OF THEIR ENVIRONMENTAL REQUIREMENTS. ALSO, DURING THIS TIME, DRAFT COPIES OF THE REPORT WERE PREPARED AND WIDELY DISTRIBUTED TO INTERESTED GROUPS, INDIVIDUALS, PROVINCIAL AND FEDERAL MINISTRIES PLUS, ADVERTISED AS, BEING AVAILABLE TO THE GENERAL PUBLIC IN THE THREE MUNICIPAL OFFICES OF ORO, BARRIE AND ORILLIA AND THE LIBRARIES OF THE TWO CITIES. IN ADDITION, PUBLIC INFORMATION SESSIONS WERE HELD AND MEETINGS WITH CITIZEN GROUPS IN ORO WERE ARRANGED. THE PARTICIPATION BY ALL, AS NOTED ABOVE, HAS BEEN EXTENSIVE AND TH COMMISSION HAS DIRECTED THEIR CONSULTANTS TO ADDRESS ALL CONCERNS BROUGHT TO OUR ATTENTION. , ..I - 3 - HOWEVER, YOU WILL PROBABLY HEAR THAT WE DENIED ACCESS TO INFORMATIO REFUSED TO MEET AND HAVE IGNORED PROCEDURES IN THE PREPARATION OF OUR REPORT. ON THE CONTRARY, ALL OUR INFORMATION WAS AVAILABLE AT THE SOURCE AND OPPONENTS OF THE AIRPORT WERE SO ADVISED. HOWEVER, THEY IN TURN ADVISED THE COMMISSION THAT IF WE WERE TO STOP CONSTRUCTION, PROVIDE INFORMATION TO THEM, AND GIVE THEM MONEY TO PAY THEIR LAWYERS AND CONSULTANTS THEN, THEY WOULD CONSENT TO MEET WITH US. THE FINAL POINT IS THAT THE PROCEDURES WE HAVE FOLLOWED HAVE BEEN AS LAID DOWN BY THE PROVINCIAL AND FEDERAL GOVERNMENTS. OUR SOLICITOR HAS KEPT THE LINES OF COMMUNICATION OPEN WITH THE OPPONENTS SOLICITORS, RIGHT UP TO THE LAST MINUTE, BUT TO NO AVAIL AS FAR AS A FINAL MEETING WAS CONCERNED. OUR FINAL LETTER FROM THE OPPONENT'S SOLICITOR HAS NOW THREATENED TO TAKE US TO COURT IF WE PROCEED. THE RESPECTIVE ENVIRONMENTAL ACTS ARE, IN OUR INTERPRETATION, MEANT TO PROTECT THE ENVIRONMENT, NOT DESIGNED TO STOP MUNICIPAL AIRPORTS IN OUR RESEARCH, CONCERNS FOR THE ENVIRONMENT HAVE BEEN IDENTIFIED AT THE ORO/BARRIE/ORILLIA AIRPORT SITE BUT MITIGATING MEASURES HAVE BEEN OR WILL BE IMPLEMENTED AS OUTLINED IN THIS EXTENSIVE REPORT. THE COMMISSION IS COMMITTED TO PROTECTING THE ENVIRONMENT AT THE AIRPORT AND NOW REQUESTS THE CONTINUED FULL SUPPORT FOR THIS PROJEC BY ALL MEMBERS OF OUR RESPECTIVE COUNCILS. IN CONCLUSION, IT WILL TAKE TWO TO THREE WEEKS FOR TRANSPORT CANADA PERSONNEL TO REVIEW THIS DOCUMENT AND, AT THAT TIME, THE HONOURABLE DOUG LEWIS WILL ADVISE US OF HIS DECISION. A COPY OF THIS DOCUMENT IS AVAILABLE TO THE MEMBERS OF COUNCIL FOR THEIR REVIEW AND IS AVAILABLE TO THE GENERAL PUBLIC IN EACH OF THE RESPECTIVE CLERK'S OFFICES. IF ALL GOES WELL, THE AIRPORT SHOULD BE READY FOR BUSINESS IN OCTOBER, 1991. c) Councillor Allan Johnson reported to Council on the North Simcoe Environmental Watch Meeting held February 16, 1991, and further reported that he did succeed in obtaining more information with regards to the organization and found the meeting very useful. Councillor Johnson also reported that he requested information on the Township of Oro becoming a member of this organization and was advised that the Municipality could not become a member of this organization. Councillor Alastair Crawford advised Council that he also attended this meeting and advised that he was able to take out an individual membership and would be advising Council on any further meetings or information obtained from this organization. MOTION NO. 1 Moved by Crawford, seconded by Caldwell Be it resolved that the Agenda for the Council Meeting dated Monday March 18, 1991, be adopted as printed and circulated with the following additions: 9. (h) 12.(b) Correspondence from the ontario Municipal Board commission; Press Release re: oro/Barrie/orillia Airport. carried - 4 - MOTION NO. 2 Moved by Johnson, seconded by Burton Be it resolved that the minutes of the Regular Meeting of Council held Monday, March 4, 1991, be adopted as printed and circulated. Carried MOTION NO. 3 Moved by Burton, seconded by Crawford Be it resolved that the minutes of the Special Meeting of Council held on Thursday, March 7, 1991, be adopted as printed and circulated. carried MOTION NO. 4 Moved by Burton, seconded by Crawford Be it resolved that the accounts presented for the period ending Monday, March 18, 1991, in the amount of $1,338,102.09, plus payrol for the period ending March 7, 1991, in the amount of $30,808.63, in accordance with the computer print-out presented to Council, be approved for payment. Carried MOTION NO. 5 Moved by Crawford, seconded by Burton Be it resolved that the Road Expenditures for the period ending Monday, March 18, 1991, be accepted as presented, and further, the Treasurer be authorized to issue cheques in the amount of $34,770.42. Carried MOTION NO. 6 Moved by Caldwell, seconded by Johnson Be it resolved that the Recommendations listed on the Consent Agend Item No.6, be approved with the exception of the following: h) Ainley Kovacs i) Ainley Rogers and Associates Limited, Confidential Correspondence re: Subdivision, Lot 11, Concession 2; and Associates Limited, Confidential Correspondence re: Cantel Cellular Tower, Lot 22, Concession 7; j) Ainley and Associates Limited, Confidential Correspondence re: Official Plan Amendment No. 40, Simoro Golf Links, Part of Lot 19 and 20, Concession 1, E.P.R.; k) Ainley and Associates Limited, Confidential Correspondence re: Development Application P-22/89, Darcon Developments, Part Lot 20, Concession 5; Carried - 5 - MOTION NO.7 Moved by Burton, seconded by Caldwell Be it resolved that the Memo from Fred Haughton, Public Services Administrator, with regards to attending the Waterworks Seminar, to be held in Parry Sound on April 17, 1991, and further, Mr. Fred Haughton, Mr. Fred MacGregor and Mr. Keith Mathieson be allowed to attend the above noted Georgian Bay Waterworks Seminar. Carried MOTION NO.8 Moved by Johnson, seconded by Burton Be it resolved that the Report prepared by Pat Vincent, Secretary t the Oro Committee of Adjustment with regards to Committee of Adjustment Decisions reached March 12, 1991, be received. Carried MOTION NO. 9 Moved by Burton, seconded by Crawford Be it resolved that the Report from Fred Haughton, Public Services Administrator, with regards to stop signs in the Police Village of Hawkestone, be received and Council view this intersection on the Spring Road Tour to be held before the 15th of April 1991. Carried MOTION NO. 10 Moved by Caldwell, seconded by Burton Be it resolved that the Correspondence from Dr. David Murphy, on behalf of the Bayview Road Ratepayers Association and his concerns about upgrading Concession 4, be received, and further, the Administrator/Clerk advise Mr. Murphy that his concerns will be taken seriously during the 1991 Budget discussions. Carried MOTION NO. 11 Moved by Burton, seconded by Caldwell Be it resolved that the Correspondence from the Lake Simcoe Region Conservation Authority with regards to the Authority hosting a meeting for the Lake Simcoe Environmental Management Strategy Implementation Program on March 28, 1991, be received, and further, the Administrator/Clerk advise the Lake Simcoe Region Conservation Authority that the following persons will attend: Reeve Robert E. Drury Councillor David Burton Councillor Alastair Crawford carried - 6 - MOTION NO. 12 Moved by Crawford, seconded by Johnson Be it resolved that the Correspondence from the Township of Tiny with regards to Restructuring 1991 Municipal Election, and further their request that the Township of Oro consider passing a similar resolution, be received, and further, the Administrator/Clerk advis the Township of Tiny that it will not pass such a resolution, as th Corporation of the Township of Oro believes that the County was given the mandate by County Councillors and through Provincial Legislation to do a County study; and further, the Corporation of the Township of Oro believes that if its County Municipal Members and Municipalities do not proceed with this issue, the Province of Ontario will restructure the County without our input. Carried MOTION NO. 13 Moved by Johnson, seconded by Crawford Be it resolved that the Correspondence from the Ministry of Transportation with regards to the Construction of Highway 69 and the issuing of Wayside pit Permits, be received and referred to the Public Services Administrator. Carried MOTION NO. 14 Moved by Caldwell, seconded by Crawford Be it resolved that the Correspondence from MSL re: Shanty Bay Central Water System Study, be received, and further, the Administrator/Clerk reconfirm the Township's position on the paymen for the Shanty Bay Central Water system Study as outlined in Recommendation No. 10 of the Committee of the Whole Meeting held Monday, July 9, 1990, and further the Administrator/Clerk is to advise MSL that the Corporation of the Township of Oro will endeavour to reimburse MSL financially, based on a prorata share of land area from any proposed new development, the share to be determined by the Township Engineer prior to future development applications being scheduled for Public Meetings under the Planning Act. Carried MOTION NO. 15 Moved by Crawford, seconded by Caldwell Be it resolved that the Confidential Correspondence from Torkin, Manes, Cohen and Arbus, re: Horseshoe Resort Corporation and the sale of Lot 144, Plan 51M456, be received, and further, the Administrator/Clerk advise the Law Firm of Torkin, Manes, Cohen and Arbus that the municipality will not consider the sale of this lot under the terms and conditions outlined in this correspondence date March 12, 1991. carried - 7 - MOTION NO. 16 Moved by Johnson, seconded by Crawford Be it resolved that the Confidential Correspondence from Skelton, Brumwell and Associates Incorporated re: Official Plan Amendment and Draft Plan for Woodland Estates, Part Lots 35 and 36, Concessio 1, E.P.R., be received and referred to a future Planning Advisory Committee Meeting as well as the Township's Planner and Planning Consultant to review the Draft Official Plan, and further, if the Township Planner and Township Planning Consultant are satisfied wit the By-Law to Adopt the Official Plan Amendment for Woodlands Estates, it shall be presented to the next regular Meeting of Council. Carried MOTION NO. 17 Moved by Caldwell, seconded by Crawford Be it resolved that Item No.9. (h) be received and filed. Carried MOTION NO. 18 Moved by Crawford, seconded by Burton Be it resolved that Report No. 91-09 of the Special Committee of th Whole Meeting held Thursday, March 7, 1991, and the recommendations contained therein, be adopted as printed and circulated. Carried MOTION NO. 19 Moved by Caldwell, seconded by Burton Be it resolved that Report No. 91-10 of the special Committee of th Whole Meeting held Thursday, March 7, 1991, and the recommendations contained therein, be adopted as printed and circulated. carried MOTION NO. 20 Moved by Johnson, seconded by Caldwell Be it resolved that the Township of Oro support the pitch in Week, May 6-11, 1991, and that the County of Simcoe Waste Management Committee be petitioned to declare May 11th a free tippage day for this program. Carried MOTION NO. 21 Moved by Johnson, seconded by Burton Be it resolved that the Press Release prepared by the Oro/Barrie/Orillia Airport Commission, be received and indicate thi Council's unanimous support of this project. Recorded Vote Requested by Deputy Reeve Caldwell Councillor Burton Yea Deputy Reeve Caldwell Yea Councillor Crawford Yea Councillor Johnson Yea Reeve Drury Yea Carried . - 8 - MOTION NO. 22 Moved by Caldwell, seconded by Johnson Be it resolved that the Confidential Correspondence from R.B. Watki of Ainley and Associates Limited with regards to the proposed subdivision, described as Lot 11, Concession 2, Development Application P-21/88, be received, and further, the Administrator/Clerk is to correspond with the developer and his consultant to advise them of the issues of the Corporation of the Township of Oro wishes to be addressed as outlined in this document and further, the developer and his consultant shall be invited to a future Committee of the Whole Meeting. carried MOTION NO. 23 Moved by Crawford, seconded by Johnson Be it resolved that the Council of the Corporation of the Township of Oro concurs with: 1) the inclusion of a condition of draft approval which would require that the following clause be registered on the title 0 each lot in the proposed draft plan of subdivision. This clause would read as follows: "Ongoing agricultural operations are located on the west side of Highway 93 facing the subject lands. The owners of the farms or assigns or successors in interests are not liable to any person for an odour, noise or dust resulting from the agricultural operations as a result of normal farm practices being carried out in compliance with the relevant land use control by-law and applicable legislation." 2. Official Plan amendment 40 being modified to add a new clause numbered 5.8.11 to section 5.8 "Recreational" which would read as follows: 5.8.11 Those lands designated "Recreational" located in Lot 19 and 20, Concession 1, E.P.R. are subject to a requirement that a site plan be prepared and accepte by the Ministry of Natural Resources, the Nottawasag Valley Conservation Authority and the Township of Or for the development of recreational facilities. The site plan will show the proposed grading and drainag works; existing and proposed vegetation; the relationship of the works to the wetland and the measurers proposed to mitigate the effects on the wetland. A drainage report may also be required depending on the nature and extent of the works proposed. Such a report would address the potential impacts on the quality of the wetland." 3. The red line revision to the proposed draft plan 43T-89066 as requested by the Ministry of Transportation a copy of which is appended hereto. Carried - 9 - MOTION NO. 24 Moved by Crawford, seconded by Johnson Be it resolved that the Confidential correspondence from R.B. Watki of Ainley and Associates Limited with regards to the Proposed Official Plan Amendment No. 40, Simoro Golf Links, Part of Lots 19 and 20, Concession 1, E.P.R., be received, and further, the comment contained in this correspondence be forwarded to the developer and his consultant. Carried MOTION NO. 25 Moved by Johnson, seconded by Caldwell Be it resolved that the Confidential Correspondence from R.B. Watki of Ainley and Associates Limited with regards to a proposed tower t be located on Lot 22, Concession 7, be received, and referred to a future Committee of the Whole Meeting. carried MOTION NO. 26 Moved by Caldwell, seconded by Crawford Be it resolved that the Confidential Correspondence from R.B. Watki of Ainley and Associates Limited with regards to Development Application P-22/89, be received, and further, the Administrator/Clerk is to advise the developer and his consultants of the following: a) the following issues are to be addressed by the developer and/or his consultant, including: 1. Confirmation of the minimum half acre lot size for all lots; 2. Preparation of a drainage study; 3. Submission of a front end financing agreement. b) the Corporation of the Township of Oro will also review with the developer, his consultant and his solicitor the following issues, including: 1. suitability of the proposed parkland dedication; 2. suitability of the proposed financial contribution for road improvements; AND FURTHER, given the implications of the hydrogeology report on the ultimate size of the Darcon proposal, the scheduling of the Public Meeting will be deferred until the Ministry of the Environment and the Health Unit have reviewed the hydrogeology report and provided comments to the municipality. Carried J I . .. - 10 - MOTION NO. 27 Moved by Crawford, seconded by Caldwell Be it resolved that a By-Law to Repeal By-Law No. 89-80 passed september 5, 1989, be introduced and read a first and second time and numbered By-Law No. 91-23. Carried That By-Law No. 91-23 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. MOTION NO. 28 Moved by Crawford, seconded by Burton carried Be it resolved that a By-Law to Authorize the Issuance of a certificate of Maintenance and Final Acceptance for Audubon Estates Subdivision be introduced and read a first and second time and numbered By-Law No. 91-24. MOTION NO. 29 Moved by Johnson, seconded by Burton Carried 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. 91-25. carried That By-Law No. 91-25 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Reeve. MOTION NO. 30 Moved by Burton, seconded by Caldwell Be it resolved that we do now adjourn @ 9:00 p.m. mt.:~ ReevepRObert E. Dru y K~f/hl Clerk Robert W. Small Carried Carried