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000724 Council MINJULY 24™, 2000 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held July z4th, 2000 at 8:00 P.M. in the Council Chambers, Tillsonburg, Ontario. PRESENT: Mayor B. Carroll, Councillors: D. Beres, S. Lamb, F. Lewis, S. Molnar, C. Rosehart and R. Smith REGRETS: Deputy Mayor I. Horton, and Councillor G. Leachman ORDER OF BUSINESS: A. Closed Session No. 1 Moved by Councillor Rosehart Seconded by Councillor Beres AND RESOLVED THAT Council move into Executive -Closed Session. "Carried" B. Adoption of Minutes No. 2 Moved by Councillor Rosehart Seconded by Councillor Beres AND RESOLVED THAT the Minutes of Council under date of June 26t\ 2000 be adopted as printed and circulated. "Carried" Discussion Resulting From Minutes: • The Director of Operations will be reviewing the condition of Earle, Pine and Oak Streets (Resolution 15, June 26t\ 2000) • The CAO expects to report at Council Meeting of August 28th, 2000 RE: Re- establishment of a Tillsonburg Cemetery Board -Terms of Reference (Resolution 17, June 26th, 2000) • There are no Minutes from the meetings of July 10th and 18th, 2000, as they were not official Council Meetings, as the Clerk was not in attendance. Any motions presented at the meetings will be brought forward. C. Adoption of Agenda No. 3 Moved by Councillor Rosehart Seconded by Councillor Beres AND RESOLVED THAT the Agenda as prepared for the Council Meeting of July z4t\ 2000 be adopted. "Carried" CJ D. Declarations -Municipal Conflict of Interest Act 1. Councillor Beres declared a Conflict with respect to Item H.2 - Application for Zone Change -Svetlana Martinovic (Planning Report 00- 136), as resident street parking could effect his customer base. E. Presentations 1. Senior of the Year Award to Mr. Matt Alabastine Mayor Carroll presented the Award to Mr. Alabastine. 2. Ontario Crime Control Commission's Certificate of Excellence to Mr. 3. David Demeyere Ms. Lisa Wise, Crime Stoppers, presented background information with respect to Crime Stoppers and Mr. Demeyere's efforts. Mr. Ernie Hardeman, MPP Oxford, presented the Award to Mr. Demeyere. Mr. Leonard Reeves RE: 2001 Canada Sunnner Games Mr. Reeves addressed Council with respect to the 2001 Canada Summer Games and asked that Council consider a financial contribution. Mayor Carroll responded that Council would consider same and advise. F. Appointments/Delegations 1. Mr. Ernie Hardeman, MPP Oxford RE: Response to Invitation 2. Mr. Hardeman addressed Council and spoke regarding current/upcoming programs. Councillor Molnar asked that the Late School Start Program be given further consideration. In response to a question from Mayor Carroll regarding the Ontario Home Warranty Program, Mr. Hardeman offered to provide a contact with the Province. Mr. Hardeman to advise. Delegation from Oxford Packers Ltd. 2 f' ( ) Mr. Tito Guglielmi, Mallo! Creek Associates, appeared on behalf of the delegation from Oxford Packers Ltd. The following comments were made: • the plant would initially process approximately 1,000 head of market hogs per day • the chosen site is located in the Tillsonburg Industrial Park, at the comer of Clearview and Bayham • initial employment would be approximately 40-50 employees • there are plans to double the capacity, with minor additions to plant, which would double employment • the facility is designed and would be built and operated in accordance • • • • • • • • • • • with Federal standards odour and noise would be minimal noise would be fairly well contained in the plant, as it is fully closed there is a potential for machinery noise, but no worse than any other industry in the area vehicles must be fully sanitized between each cycle no outdoor storage of live animals would be permitted it would be an 8 hour, 5 days a week, operation there would be an 8 hour sanitation shift hogs would be delivered by route of Hwy 3, Bayham Drive, to back of the building the product would go out the front of the building and back to Hwy. 3 none of the transportation is to take place through the Town waste would be stored in a temperature controlled area Councillor Molnar noted the need for an alternate route by-pass to Mr. Ernie Hardeman, MPP Oxford. Mr. Coutts was present and expressed concerns with respect to transportation on Broadway. The CAO advised that a commitment would be made ensuring the travel through the Town is not permitted. A representative from Oxford Packers confirmed that written confirmation would be given. Mr. John Gilvesy, President of the Tillsonburg Real Estate Board was present and noted that there are a number of residences within approximately 1 mile of the proposed plant. He questioned whether consideration should be given to an alternate location. He also suggested a similar operation be visited. Mr. Andy V anLeeuwen was present and expressed concerns with respect to water capacity. 3 Mr. VanLeeuwen was advised that the operation would require approximately 15,000 L per day. Mr. Frank Lapper was advised that the water, after use, would be treated and go through the Town sewage system. The intention of Oxford Packers is to obtain a building permit before the end of August, to start immediately. The delegation was advised that a by-law would be considered later m the meeting. G. Committee of Adjustment 1. A-10/00-George Wesley Cadman & Eva Otela Cadman i) Comments from Planner, County of Oxford Ms. Julie Bryant, Planner, County of Oxford, was present and reviewed her report. Mr. Bryant reviewed the recommendation of the County Planning Department, which was to defer the application, to permit the applicant to propose an alternative design for the dwelling, which would be in conformity with the Rl Zone provisions. Mr. Cadman was present. He pointed out that the request was very minor. Ms. Bryant, stated that it is the Planning Department's policy, when dealing with a vacant lot, that every effort should be made to meet the zoning requirements. Councillor Beres noted that it should be considered that the property is a comer lot. In response to a question by Councillor Molnar, the CAO confirmed that a written notice had been sent out to property owners within 200 feet of the subject property. Confirmation of placement of a public sign was not available. No other persons appeared in support of or opposition to the application. 4 () No. 4 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A- l 0/00 for #34 Hillyndale Road . "Carried" 2. A-11/00 -Jose & Angela DaPonte i) Comments from Planner, County of Oxford Ms. Julie Bryant, County Planner, reviewed her report with respect to the subject application. No persons appeared in support of or opposition to the application. No.5 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A- 11/00 for #6 Andover Avenue, subject to the following: 1) That a building permit for the sunroom be issued within one (1) year of the date of the Committee's decision or the approval will lapse. "Carried" H. Public Hearings 1. Application for Zone Change -Andy Jacko Farms Limited (Planning Report 00-135) Ms. Julie Bryant, County Planner, appeared before Council and reviewed County Planning Report 00-135. Mr. John Gilvesy, was present representing the applicant Andy Jacko Farms Ltd. A resolution was not required, as a by-law would be considered later in the meeting. 2. Application for Zone Change -Svetlana Martinovic (Planning Report 00- 136) Ms. Julie Bryant, County Planner, appeared before Council and reviewed County Planning Report 00-136. 5 () Upon review of the County Report, recommendation was to deny the subject application. Ms. Martinovic, the applicant, was present m support of the subject application. Written comments were filed by Mr. and Mrs. Steve Gofton, 330 Broadway, in opposition to the proposed application, based on the fact there is no parking available, on Broadway or the alley running behind the property, for a second residential unit. Ms. Angela Lassam appeared in opposition to the application. Mr. Greg Coutts appeared in opposition to the application, but stated that he would like to see something done to improve the property. Ms. Bryant stated that the application could be deferred to allow it to be amended to a single-family dwelling, according to modified setbacks. A new application would not be required, as it would be a modification to the existing application. Ms. Bryant asked that the sketch be superimposed over the survey. Mrs. Bessie Herman was present and asked for clarification of the location of the garage. Mr. Jesse Allan was present and suggested that the basement be filled in and the garage be off the alley, with parking in the rear. No other persons appeared in support of or opposition to the application. No. 6 Moved by Councillor Molnar I. Reports Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg defer the application for zone change submitted by Svetlana Martinovic, for lands located in Lot 628, Plan 500, in the Town of Tillsonburg, to allow for more consultation and modification. "Carried" 1. Mr. Robert Musty, IT Manager (deferred to another Council Meeting) 2. Director of Operations RE: Tender Results for the Oxford County/Town ofTillsonburg Joint Surface Treatment Program 6 r () J. 3. Director of Operations RE: Roof Replacement -Public Works and Library (deferred to another Council Meeting) 4. Staff Report RE: Young Street Watermain Tender 5. Director of Corporate Services RE: Surplus Equipment (deferred to another Council Meeting) 6. Director of Corporate Services RE: Committee of Adjustment Secretary- Treasurer Appointment 7. Ms. Kim Miggens, Chairperson, TACAC RE: Estate of Chas. B. Laister - Removal of Heritage Designation It was noted that, as a meeting was unable to be arranged, Chair Miggens conducted a phone poll ofTACAC members, and the majority concurred with the recommendation contained in her memo dated June 23rd, 2000. 8. Director of Community Services RE: 2000/2001 Ice Rates and Procedure Changes Communications I. County of Oxford RE: Lifting of Part Lot Control-The Linkoln Group 2. Municipality of Chatham-Kent RE: Remuneration for Fire Service Responses on Provincial Highways (deferred to another Council Meeting) 3. 'Step By Step' Organ Transplant Association RE: Community Chapter of Step By Step (deferred to another Council Meeting) 4. Tillsonburg District Craft Guild RE: Caboose (deferred to another Council Meeting) K Information (deferred to Council Meeting August 281h, 2000) I. Canadian Blood Services RE: Mr. Roy Venn -Acknowledgement of Milestone Award Level Contribution 2. Mrs. Brenda Bozso, Tillsonburg Town Crier RE: Millennium World Championship of Town Criers 2000 7 c\ ./ 3. Municipal Electric Association RE: Extension of August 1st Deadline For Rate Applications from Smaller Utilities 4. Cyril J. Demeyere Ltd. RE: Southridge Village i) Notes From Meeting of June 26th, 2000 ii) Notes From Progress Meeting of July 13th, 2000 iii) List of those in attendance at Meeting of July 18th, 2000 5. Ministry of Health RE: Designation Assessment Process for General/Family Practitioners for the Town ofTillsonburg 6. Negotiated OMB Settlement RE: Coyles -July 11th, 2000 7. Association of Municipalities of Ontario RE: AMO's Municipal Action Plan for Water 8. Association of Municipalities of Ontario RE: OMAFRA Issues Directive Relating to Agricultural Operations 9. Association of Municipalities of Ontario RE: i) ii) iii) iv) L. Resolutions Results of the AMO Board of Directors Meeting Provincial Proposals for Nutrient Management Legislation LAISC Meetings Suspended Until Ambulance Funding Resolved Proposed Amendments to AMO By-Law No. 1 RE: Current Structure of AMO Board No. 7 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Staff Report from the Director of Operations dated July 13, 2000 be received; AND FURTHER THAT the County of Oxford Surface Treatment Tender Award, as per the June 16th, 2000 letter, be approved for construction at a cost of$33,449.23 to the Town ofTillsonburg. "Carried" No. 8 Moved by Councillor Lamb Seconded by Councillor Lewis AND RESOLVED THAT Staff Report dated July 24th, 2000 be received and the contract for the 200rnrn diameter watermain installation be awarded to Viewcon Construction Limited of Woodstock, Ontario, being the lowest tender received. "Carried" 8 u No. 9 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT Town of Tillsonburg Committee of Adjustment hereby appoints Michael Graves as Secretary-Treasurer; AND THAT this appointment take effect July 101h, 2000. "Carried" No. 10 Moved by Councillor Rosehart Seconded by Councillor Beres AND RESOLVED THAT Council accept the recommendation as contained in the Report of TACAC, dated June 23rd, 2000, with respect to the designation of the Tillson Pea Mill, 20 John Pound Road, Tillsonburg. "Carried" No. 11 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Staff Report as prepared by the Director of Community Services be received, aud that the recommendation for Ice Rate increases aud chauges to the Ice Procedures, as presented in the report, be approved. "Carried'' No. 12 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the lauds consisting of Part of Lot 52, Plau 41M-133, Town of Tillsonburg, be exempted from Part Lot Control and that the County be requested to enact the necessary exempting by-law as well as entering into a staudard Part Lot Control Agreement with the applicaut. "Carried'' M. By-Laws The following By-Laws received three readings aud were finally enacted: 1. By-Law 2940 -To Authorize au Agreement to Lease Space for the Provision of the Provincial Offences Act Courts 2. By-Law 2941 -To Appoint a Deputy Chief Building Official 3. By-Law 2942 -To Amend Zoning By-Law 1994, as amended (Andy Jacko Farms Ltd.) 4. By-Law 2943 -To Enter into Agreement with Tillsonburg Minor Soccer (By-Law to be circulated) 5. By-Law 2944 -Industrial Land Sale (Oxford Packers Ltd.) 9 () The following recorded votes were taken with respect to By-Law 2944: Moved by Councillor Beres Seconded by Councillor Lamb AND RESOLVED THAT By-Law 2944 to authorize the sale of industrial land be added for third and final reading of by- laws. "Carried" Recorded Vote Yea Nay Beres, D. x Carroll, B. x Horton, I absent Lamb, S. x LeachmanG. absent Lewis, F. x Molnar, S. x Rosehart C. x Smith, R. x Moved by Councillor Molnar Seconded by Councillor Smith AND RESOLVED THAT By-Law 2944 to authorize the sale of industrial land be divided and voted on separately. "Carried" Recorded Vote Yea Nay Beres, D. x Carroll, B. x Horton, I absent Lamb, S. x LeachmanG. absent Lewis, F. x Molnar, S. x Rosehart C. x Smith, R. x Moved by Councillor Beres Seconded by Councillor Rosehart AND RESOLVED THAT By-Law 2944 to authorize the sale of industrial land be given third and final reading and the Mayor and Clerk be authorized to sign the same and place the Corporate Seal thereunto. "Carried" Recorded Vote Beres, D. Carroll, B. Horton, I Yea Nay x x absent 10 (~ () Lamb, S. x LeachmanG. absent Lewis, F. x Molnar, S. x Rosehart C. x Smith, R. x N. Notice of Motion 0. Closed Session No. 13 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Council move into Executive -Closed Session. "Canied" Meeting adjourned at 1:10 a.m. 11