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100208 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" Review Access:* Public O Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday February 8, 2010 07:00 PM Council Chambers Chair: Stephen Molnar Orders of the Day: Call to Order Disclosure of Pecuniary Interest or the General Nature Thereof Minutes & Business Arising out of the Minutes Adoption of Agenda Presentations Public Meetings Delegations Quarterly Reports Chief Administrative Officer Operations Community Services Corporate Services Finance Information Items Notice of Motion Resolutions By -Laws Items of Public Interest Closed Meeting Session Resolutions Resulting from Closed Session Adjournment CALL TO ORDER DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF ^ Councillor Lamb declared an Interest with respect to Agenda Item 5. Page 1 MINUTES: Meeting for the Committee "Open Council" eo"4) MINUTES & BUSINESS ARISING OUT OF THE MINUTES QJanuary 25, 2010 No. 1 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Minutes as prepared for the Council Meetings of January 25, 2010 be adopted. "Carried" J ADOPTION OF AGENDA No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Agenda as prepared for the Council Meeting of February 8, 2010 be adopted, with the following additions: - By -Law 3406 - To Authorize an Agreement with Her Majesty the Queen (ISF - Lisgar Avenue) - By -Law 3407 - To Amend Zoning By -Law 3295 (Oakley). "Carried" PRESENTATIONS e"N 7:00 p.m. 1. Namesake Presentation by the Canadian Naw: HCMS Tillsonburg Lieutenant Sean WP Batte appeared before Council and provided the following comments... namesake presenter remarks.doc Chief Petty Officer Jeffrey Gourlay was also present, and presented the following ,d comments... Delegation Comments.pdf Following comment by Lieutenant Batte and Chief Petty Officer Gourlay, presentation was made to Mayor Molnar of a framed photograph of'HMCS Tillsonburg', along with the history of the ship. Mayor Molnar moved to Agenda Item 8 - To Designate the Cenotaph, as representatives of the Legion were in attendance. Following Agenda Item 8, and the passing of Resolution No. 3, Council took a brief break at 7:25 p.m. Council reconvened at 7:37 p.m. r''1 > PUBLIC MEETINGS Page 2 MINUTES: Meeting for the Committee "Open Council" 2. Committee of Adjustment Application - A-02110 (Demeyere) 9 Presented By: Mr. Jason Juhasz, Planner, County of Oxford ad Notice of Public Hearing... N of H A0210.pdf adEaL Report from Oxford County Planning... A 0210 report.pdf Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the attached application and County Report. The Applicant, Ruby Demeyere, and Agent, Jennifer Crowe, were in attendance, and confirmed agreement with the County Report and recommendation. Mr. Ash was also in attendance to offer support to the applicant. Opportunity was given for comments and questions. No other persons appeared in support of, or opposition to, the subject application. The following resolution as passed. �1 Resolution > No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Committee of Adjustment Application A-02110 be granted, subject to the following conditions: e , 1. A building permit for the proposed sunroom and covered deck shall be issued within one year of the date of the Committee's decision. 2. A grading and drainage plan be submitted to the satisfaction of the Town of Tillsonburg Engineering Department. 3. That the applicant revise the minor variance application, in writing, such that the application include an increase to the permitted projection into the required rear yard of the covered deck from 1.5 m (4.9 ft) to 3.65 m (12.0 ft). 4. Minor Variance approval is granted only for a sunroom and covered deck that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of this report. "Carried" 3. Application for Zone Change (Oakley D Presented By: Mr. Jason Juhasz, Planner, County of Oxford Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the attached application and County Report. Ms. Margaret Misek-Evans, Corporate Manager of Community and Strategic Planning, County of Oxford, was also present to answer any questions. Page 3 MINUTES: Meeting for the Committee "Open Council' In response to a question, it was noted that, in terms of a retirement, 1 parking space for every 3 beds is required. In this case, 2 would be required for the retirement home and 2 for the residence. The Applicant was in attendance and confirmed agreement with the conditions contained within the report. No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution > No. 5 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg approve the attached zoning by-law amendment for an application submitted by Marlene Oullette, on behalf of the owner Roy Oakley, whereby lands consisting of Part of Lots 132 & 133, Plan 500 in the Town of Tillsonburg are to be rezoned from Low Density Residential - Type 1 Zone (R1) to Special Low Density Residential - Type 1 Zone (R1 -Special) to allow for the addition of a 4 unit retirement residence and accessory dwelling unit as a permitted use within the existing building. DELEGATIONS QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER 4. Carroll Trail Up -Date Presented By: CAO The CAO requested deferral of Agenda Item 4, to the next regular Council Meeting - February 25, 2010. OPERATIONS COMMUNITY SERVICES 5. Memorial Park Ball Park Storage Shed ?Oft� CSD2010-01 Memorial Ball Storage Shed.doc Tillsonburg Ball Letter 10 2009.pdf Page 4 MINUTES: Meeting for the Committee "Open Council" Tri County Ag Letter 12 2009.pdf 1843 -Field House-S2.pdf 1843 -Field House-Sl.pdf Councillor Rosehart commented that she would like to see the proposed resolution separated, and the staff report be received only at this time, until an overall plan is available. The following resolutions were passed. Resolution > No. 6 Moved by Councillor Rosehart Seconded by Deputy Mayor Renaud AND RESOLVED THAT the proposed resolution regarding Agenda Item 5 - Memorial Park Ball Park Storage Shed be separated and voted on separately. "Carried" No. 7 Moved by Councillor Stephenson Seconded by Councillor Beres AND RESOLVED THAT Council receive Report CDS2010-01 - Memorial Ball Park Storage Shed. "Carried" No. 8 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT Council approve the /O*A) construction of a storage shed in Memorial Park, to be fully funded by the registered baseball organizations, for use by ball user groups as per Drawing S1-1843-12-4-09 attached. "Defeated" Following discussion, the following resolution was passed. No. 9 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT staff be directed to prepare a supplementary report, to Report No. 2010-43, for the first regular Council Meeting in March, as to the location of the facility and maintenance agreement, and allowing input from other community user groups, as well as the Parks and Recreation Committee. "Carried" CORPORATE SERVICES 6. Comments on Norfolk Mall County Official Plan Amendment and Zone Change Applications - OPN -01012009 AND ZN-05512009 (First Capital Holdings (Ontario) Corporation) 201 0-43NM Comments to Tbrg.pdf Ms. Margaret Misak-Evans appeared before Council to present the County Report, as ?dO%N attached. Opportunity was given for questions and comments. Page 5 60 MINUTES: Meeting for the Committee "Open Council" Deputy Mayor Renaud asked questions with respect to the Commercial Policy Review. Ms. Evans advised that they anticipate receiving the final report of that study very shortly. The goal is to take this to County Council for the second meeting in February or the first in March. Ms. Evans referenced the report. Deputy Mayor Renaud asked questions regarding the impacts, if we can request a peer review, how relevant the data is, if we can ask Norfolk for data in terms of what is happening in Norfolk County. Ms. Evans responded, noting that the peer review from Urban Metrix touches on that, and acknowledges the economic climate as well. In response to a question from Councillor Stephenson, Ms. Evans advised that the applicant is made by First Capital. Councillor Stephenson had questions surrounding the effect on the Zehrs Store, currently located in the Norfolk Mall. Ms. Evans added that they had looked at all of the available grocery options in the area, and considered the available market and the trade area. Discussion was held and Ms. Evans noted that the up -dated information that was made available has changed the framework in terms of the recommendations, noting if that information had been available last year, it likely would have changed the recommendations of the peer review. There is more pertinent information available now. Discussion continued. Mayor Molnar asked Ms. Evans to outline the process and when this Council will have the opportunity to comment on the Commercial Policy Review and the impact it may have. Ms. Evans commented that the intent is to have the study, consultant's report, completed and brought to Council late February/early March, to accept as information, and Mr. Michiels will lay out the consultation plan for area municipalities for review. That will permit discussion on the full package, as it becomes available. Mayor Molnar asked for the Urban Metrix report. Ms. Evans responded that it can be provided, and will provide information to Michael Graves. Mayor Molnar asked for confirmation that the Town of Tillsonburg will be involved, will be circulated subsequent to report at County Council, and there will be opportunity for Tillsonburg Council to comment. Ms. Evans confirmed. Discussion continued, and Ms. Evans noted that the County is looking for Tillsonburg Council's support, but that does not prelude additional comments from the Town. Councillor Beres commented, noting that we should look at all options, stressing the importance of this decision. CAO Coulter responded that we have not had the opportunity at this point to review the County report and comment, particularly regarding land use planning. Mayor Molnar noted that opportunity needs to be given to the Tillsonburg team to review this document. The report will be on the February 25th Council Agenda. Ms. Evans noted that there will be opportunity for a representative from Tillsonburg to attend and comment with respect to the subject application. Comments could be submitted in writing prior to the public meeting, or presented at the meeting. Following discussion, the following resolution was passed. Page 6 MINUTES: Meeting for the Committee "Open Council" ?...� Resolution > No. 10 Moved by Councillor Beres Seconded by Deputy Mayor Renaud RESOLVED THAT the Council of the Town of Tillsonburg receive Report No. 2010-43; AND FURTHER THAT staff be directed to respond to the report with respect to the applications for Official Plan Amendment and Zone Change (OPN-01012009 AND ZN-05512009), submitted by First Capital Holding (Ontario) Corporation, to allow for a proposed expansion to the Norfolk Mall. "Carried" 7. Extension to Draft Approved Plan of Subdivision - Victoria Wood (Tlllsonburg) GP Inc. n Resolution > No. 11 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Council of the Town of Tillsonburg support the extension to the Draft Approved Plan of Subdivision for Victoria Wood (Tillsonburg) GP Inc. to February 14, 2011, and recommended in Oxford County Report 2010-39. "Carried" 8. Executive Summary to By -Law 3188 to Designate the Cenotaph Presented By: Director of Corporate Services Resolution > No. 3 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT By -Law 3188 to Designate the Cenotaph be brought forward for Council consideration. "Carried" Mayor Molnar moved back to Agenda Item 2. 9. Executive Summary to By -Law 3405 - Code of Conduct Presented By: Director of Corporate Services Resolution > No. 12 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT By -Law 3405, being a Code of Conduct, be brought forward for Council consideration. t4o*� "Carried" Page 7 MINUTES: Meeting for the Committee "Open Council" FINANCE 10. FI 2010-03 Executive Summary to By -Law 3404 Issuance of OIPC Long Term Debt 9 Presented By: Director of Finance Resolution > No. 13 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT By -Law 3404, Issuance of OIPC Long Term Debt, be brought forward for Council consideration. "Carried" INFORMATION ITEMS 11. Correspondence from Economic Development Re: Site Plan Process Q Presented By: Director of Corporate Services Resolution > No. 14 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT the correspondence Economic Development regarding the Site Plan Control Process be received as information. "Carried" NOTICE OF MOTION Councillor Stephenson filed the following 'Notice of Motion', for consideration at the next regular Council Meeting, February 25, 2010: "THAT Staff through the CAO bring a resolution to Council with the purpose of Council asking Woodstock City Council to share some of the proceeds attained from OLG Slots to help with costs of the municipality such as those associated with our trail system." Deputy Mayor Renaud filed the following 'Notice of Motion', for consideration at the next regular Council Meeting, February 25, 2010: "THAT the council of the Town of Tillsonburg supports the proposal submitted by NRPC (Nortel Retirees and former employees of Protection Canada); whereby the Government of Ontario considers to do the following: 1) Implement the Ontario Expert Commission on Pensions (OECP) recommendation 5-2 to establish the Ontario Pension Agency (aka "A pension orphanage); 2) Implement the OECP recommendation 6-17 to increase the PBGF maximum coverage to $2,500; and.... 3) Push for federal government changes to existing bankruptcy laws to enact provisions Page 8 MINUTES: Meeting for the Committee "Open Council" eom*� so to elevate pension deficits and employee -related claims to preferred creditor status." Deputy Mayor Renaud filed the following 'Notice of Motion', for consideration at the next regular Council Meeting, February 25, 2010: 'SHAT a bylaw titled "municipal addressing" modeled after the Regional Municipality of Halifax, be implemented for mandatory addressing of all properties within the Town of Tillsonburg and further that staff be directed to bring forward a subsequent report for presentation to council by the end of Q2-2010." Councillor Beres filed the following 'Notice of Motion', for consideration at the next regular Council Meeting, February 25, 2010: "THAT staff prepare a report to review the collection day and interest rate for arrears." RESOLUTIONS BY-LAWS 12. By -Law 3381 - To Designate the Cenotaph (first and second reading) �1 By-law 3381 Designate Cenotaph Under Ontario H eritage Act. doc 13. By -Law 3404 - OIPC [(three readings) 14. By -Law 3405 - To Adopt a Code of Conduct (first and second reading) MA By-law 3405 Code of Conduct doc 15. By -Law 3406 - To Authorize an Agreement with Her Majesty the Queen (ISF - Liscar Avenue) (three readings) 16. By -Law 3407 - To Amend Zoning By -Law 3295 (Oakley) (first and second reading) Resolutions > Moved by Deputy Mayor Renaud eft) Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3381 to Designate the Cenotaph; Page 9 MINUTES: Meeting for the Committee "Open Council" j"M1 By -Law 3404 - OIPC; and By -Law 3405 to Adopt a Code of Conduct By -Law 3406 to Authorize an Agreement with Her Majesty the Queen (ISF - Lisgar Avenue); and By -Law 3407 to Amend Zoning By -Law 3295 (Oakley) be read a first and second time and be referred to Committee of the Whole for further consideration and this constitutes the first and second reading thereof. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law Numbers 3381, 3404, 3405, 3406 and 3407. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law Numbers 3404 and 3406 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3404 - OIPC be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3406 to Authorize an Agreement with Her Majesty the Queen (ISF - Lisgar Avenue) be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION No. 15 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Closed Session, to consider matters regarding: • the security of the property of the municipality - Renewable Energy • matters relating to the litigation or potential litigation, including matters before administrative tribunals, affecting the municipality - Planning Application • and for the purpose of educating or training the members - HR RFP. "Carried" e*'`) Council moved into Closed Session at 9:58 p.m. Page 10 MINUTES: Meeting for the Committee "Open Council' Council moved back into Open Session at 10:28 p.m. to pass the following resolution. No. 16 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT, in accordance with the Town of Tillsonburg Procedural By -Law 2978, the curfew of 10:30 p.m. be extended for the Council Meeting of February 8, 2010. "Carried" Council moved back into Closed Session at 10:29 p.m. Council moved back in Open Session at 10:50 p.m. and passed the following resolutions. RESOLUTIONS RESULTING FROM CLOSED SESSION Resolution No. 17 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the correspondence relating to Renewable Energy be received for information purposes. "Carried" Resolution No. 18 Moved by Deputy Mayor Renaud Seconded by Councillor Rosehart AND RESOLVED THAT the Special Awards Committee Minutes dated January 25, 2010 be received, and the recommendation to Council be approved. "Carried" Resolution No. 19 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT Council receive Report C2010-009 for information purposes regarding Oxford County Report 2010-43. "Carried" Resolution No. 20 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT Staff direction be given to publicize the HR RFP. "Carried" ADJOURNMENT Council adjourned at 10:56 p.m. Page 11 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1) Lana LundlTillsonburg (Tuesday February 16, 2010 04:29 PM) Town of Tillsonburg Page 12