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101213 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council' 12345 Review Access:* Public I Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday December 13, 2010 07:00 PM Council Chambers Chair: John Lessif Orders of the Day: The Meeting was called to order at 4:30 p.m. Moved by: Councillor Klein Seconded by: Councillor Beres AND RESOLVED THAT Council move into Closed Session. Ask� "Carried" The open session of Council resumed at 7:00 p.m. MOMENT OF SILENCE ADOPTION OF AGENDA Resolution No. 1: Moved by: Councillor Stephenson Seconded by: Councillor Beres RESOLVED THAT the Agenda as prepared for the Council Meeting of December 13, 2010 be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2 Moved by: Councillor Stephenson Seconded by: Councillor Beres RESOLVED THAT Town Council move into Closed Session, to consider matters relating to: • Report EDO 2010-28, matters relating to security of the property of the Municipality; • Report EDO 2010-29, matters relating to security of the property of the Municipality; /'`, • Project Satellite, matters relating to advice that is subject to solicitor -Client privilege -including communications necessary for that purpose; • Procedures for Planning Matters, matters for the purpose of educating or training the members; Page 1 1� MINUTES: Meeting for the Committee "Open Council" CAOCL01-32 Open Issues, matters for the purpose of educating or training the members; Facade Improvement Loan, matters relating to personal matters about an identifiable individual; Performance Review, matters relating to personal matters about an identifiable individual. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF > None were disclosed MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of November 22, 2010. Q Minutes of the Meeting of November 29, 201 OD Minutes of the Meeting of December 1, 2010D Minutes of the Meeting of December 6, 2010 Resolution No. 3: Moved by: Councillor Beres Seconded by: Councillor Klein AND RESOLVED THAT the Minutes of Closed Session of Council and Open Session of Council for the meetings of November 22, 2010, November 29, 2010, December 1, 2010 & December 6, 2010 be approved. "Carried" PUBLIC MEETINGS 1. Committee of Adjustment Application A-07110 [fillsonburo Developments Inca C9 Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the attached application and County Report. The Applicant, Steve Smith, Tillsonburg Developments, was in attendance. 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. Presented By: Planner Resolution No. 4: Moved by: Councillor Beres Seconded by: Councillor Klein AND RESOLVED THAT this application is acceptable from a planning point of view and should be granted subject to the following conditions: 1. A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's Decision. 2. A lot grading plan designated by an Ontario Land Surveyor or Professional Engineer be submitted to the Building Department for approval prior to the issuance of a building permit. 3. Minor Variance approval is granted only for development that is substantially and proportionally in compliance with that shown on Plate 2 of Page 2 MINUTES: Meeting for the Committee "Open Council" Report No. 2010-323. 2. Committee of Adjustment AQplication A-08110 (Punjab Property Development Inca a Presented By: Planner Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the attached application and County Report. Mr. Len Girard, Agent for the applicant was in attendance and spoke to the design for ingress and egress of the proposed car wash. Opportunity was given for comments and questions. Diane Peacock, resident across the street, spoke in opposition to the application. She indicates that through past experience these car washes produce large noise issues as well as they are a magnet for vandalism. She indicates that she will appeal this decision if approved. No other persons appeared in support of, or opposition to, the subject application. The following resolution as passed. Resolution No. 5: Moved by: Councillor Klein eokl) Seconded by: Councillor Beres AND RESOLVED THAT this application is acceptable from a planning point of view and should be granted subject to the following conditions: 1. The applicant shall finalize the site plan amendment application to the satisfaction of the Town of Tillsonburg. 2. A building permit for the car wash building shall be issued within one year of the date of the Committee's decision. 3. Minor Variance approval is granted only to permit development that is substantially and proportionally in accordance with that shown on Plate 2 of Report No. 2010-324. "Carried" DELEGATIONS 3. Hospital Update -Accreditation 2010, Hospital Re -development Plans, Patient Bill of Rights Q Presented By: Tom McHugh, President $ CEO, TDMH Mr. Tom McHugh, President of the TDMH appeared before Council. Also in attendance was Erwin Hawel, Board Chair as well as Dan Rasokas, Board Member. They gave a power point presentation regarding a hospital update including accreditation, CT scanner and program for diabetes education. Tom McHugh went over the push for integration including bringing chemotherapy to Tillsonburg as well as many other programs. He went over their proposed 10 year capital plan as well as future plans for expansion. Resolution: Moved by: Councillor Getty Page 3 MINUTES: Meeting for the Committee "Open Council" Seconded by: Councillor Rosehart AND RESOLVED THAT Council support the TDMH plan in its entirety as presented. "Carried" 4. LPRCA Draft 2011 Budget Presented By: Cliff Evanitski Draft 2011 Budget for Long Point Region Conservation Authority al ad LPRCA Draft 2011 Budget.pdf Mr. Cliff Evanitski GM and Secretary Treasurer of LPRCA appeared before Council. Mr. Ron Sackrider Board member of LPRCA was also in attendance and commented on the Boards positive move to locate in Tillsonburg. Mr. Evanitski went over the budget plan for the upcoming year. Council congratulated LPRCA in moving their head office to Tillsonburg. CHIEF ADMINISTRATIVE OFFICER 5. Appointment to Conservation Authorities Presented By: CAO Resolution No. 6: Moved by: Councillor Klein Seconded by: Deputy Mayor Renaud AND RESOLVED THAT Council recognize David Beres as the Town of Tillsonburg representative to Long Point Region Conservation Authority for the 2011, 2012, 2013 and 2014 term of office. "Carried" 6. Report CO 2010-26 Boards & Committee Appointments Presented By: CAO Resolution No. 7: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVE THAT Council receive Report CO 2010-26 Boards & Committee Appointments as information and support the recommendations contained therein. "Carried" 7. CO 2010-25 Meeting Investigator - Extension of Agreement. 0) Presented By: Clerk Resolution No. 8: Moved by: Deputy Mayor Renaud lam' Seconded by: Councillor Beres AND RESOLVE THAT Council receive Report CO 2010-25 Meeting Investigator - Extension of Agreement. AND FURTHER THAT Council authorize a one year extension to the contract with JGM Consulting for meeting investigation services. Page 4 /4 ' MINUTES: Meeting for the Committee "Open Council" "Carried" 8. AMO - Policy Update 111010AMO AMO Responds to Release of the Fire Marshal Risk Document.pdf Resolution: No. 9 Moved by: Councillor Getty Seconded by: Councillor Rosehart AND RESOLVED THAT Council receive the AMO Policy Update document; AND FURTHER THAT staff respond to this document. "Carried" OPERATIONS 9. County Road Access By -Law Q) Presented By: Clerk Resolution No. 10: 10� Moved by: Councillor Getty Seconded by: Councillor Rosehart AND RESOLVE THAT Council receive the certified copy of By -Law 5222-2010 and a copy of the Guidelines for Entrances to the County Roads System for information purposes. "Carried" DEVELOPMENT & COMMUNICATIONS 10. Application for Condominium Conversion and Draft Plan of Condominium CD10-05-7 Spitzke Q Presented By: Planner Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the attached application and County Report. The applicant has previously received a minor variance for parking spaces. The current residents will not be required to leave their units. The applicant is required to provide a proper plan of condominium drawing. The applicants, Eileen & William Spitzke were in attendance. Mr. Wade Spitze, son of the applicant was in attendance and spoke to the design for ingress and egress of the proposed car wash. There are currently 9 meters one for each unit and one for common corridoring. The Fire Safety Plan that is currently in place will be reviewed. Resolution No. 11: Moved by: Councillor Rosehart /004� Seconded by: Councillor Getty AND RESOLVED THAT Council recommend to Oxford County Council that the conversion to condominium ownership of the 8 unit apartment building on lands described as Lot 127, Plan M-16, in the Town of Tillsonburg and proposed by application File No. CD10-05-7, by William & Eileen Spitzke, be approved; Page 5 MINUTES: Meeting for the Committee "Open Council" AND FURTHER RESOLVED THAT it is further recommended that prior to consideration of application File No. CD10-05-7 by County Council that the applicant be required to submit to the County a proper Draft Plan of Condominium in accordance with the requirements of the Planning Act and/or the Condominium Act; AND FURTHER RESOLVED THAT it is recommended that the Council recommend to Oxford County Council that, at such time as the Draft Plan of Condominium set out above is submitted to the satisfaction of the County of Oxford, that the condominium be draft approved, subject to the conditions, as detailed in County of Oxford Planning Report 2010-288, being met prior to final approval of the plan for registration. "Carried" 11. Application for Zone Change (Removal of Holding Provisions) - Victoria Wood (Tillsonburg) GP Inc. D Presented By: Planner Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the application and the attached County Report. Resolution No. 12: Moved by: Councillor Rosehart /* AN Seconded by: Councillor Getty AND RESOLVED THAT the Council of the Town of Tillsonburg approve the attached zoning bylaw amendment for an application submitted by Victoria Wood (Tillsonburg) GP Inc., as detailed in the 'Recommendations' contained in County of Oxford Report 2010-322. AND FURTHER THAT By -Law 3471, being a by-law to remove the Holding provision to allow for the construction of single detached dwellings on the subject lands, be brought forward for council consideration for three readings. "Carried" 12. Extension to Draft Plan Approval 32T-00005, Annandale Heights Phase 7 Q Presented By: Planner Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the application and the attached County Report. MOE approval with lapse as of April 2011 and they will be seeking remedy to this issue. The issue of the access road which is in poor condition was discussed, Staff will look into this matter. Resolution No. 13: Moved by: Councillor Stephenson Seconded by: Councillor Beres RESOLVED THAT Council receive Planner's report 2010-327, Extension to Draft Approved Plan of Subdivision, AND FURTHER THAT Council support the recommendation that draft approval of this subdivision plan be extended to December 31, 2012. Page 6 MINUTES: Meeting for the Committee "Open Council" 13. Application for Consent- B10-65-7,1279098 Ontario Inc. D Presented By: Planner Mr. Jason Juhasz, Planner, County of Oxford, appeared before Council and commented with respect to the application and the attached County Report. No adverse comments were received. The public were notified and they will be notified further as this application will not be heard by the Land Division Committee until February. Resolution No. 14: Moved by: Councillor Stephenson Seconded by: Councillor Beres AND RESOLVED THAT Council receive B10-65-7 Report. AND FURTHER RESOLVE THAT the Town supports the proposal to create a commercial lot, subject to the conditions as contained in the County of Oxford Report no.2010-325 and the same be forwarded to the Land Division Committee of the County of Oxford. "Carried" 14. Real Property Policy 9 Presented By: Director of Development and Communication Services Resolution No. 15: eow) Moved by: Councillor Beres Seconded by: Councillor Klein AND RESOLVE THAT Council receive Report CO 2010 -1 Sale of Land Policy. AND FURTHER THAT Council authorize staff to implement the policy as per Section 270.(1) of the Municipal Act as found in Appendix A. "Carried" FINANCE 15. FI 2010-043 Additional Contribution to Reserves M FI 2010-043 Additional Contribution to Reserves.doc 2010 Contr. to Reserves -Bud vs.Proi.xls Presented By: Director of Finance Resolution No. 16: Moved by: Councillor Beres Seconded by: Councillor Klein RESOLVE THAT Council receive report FI 2010-043 Additional Contribution to Reserves as information. AND FURTHER RESOLVE THAT the additional contribution to reserves in the amount of $488,555 be adopted. "Carried" Page 7 MINUTES: Meeting for the Committee "Open Council" 16. Executive Summary to By -Law 3473 Paymentus Credit Card Payment Agreement D Presented By: Director of Finance Resolution No. 17: Moved by: Councillor Klein Seconded by: Councillor Beres RESOLVE THAT Council receive Executive Summary Report to By -Law 3473 Paymentus Credit Card Payment Agreement as information; AND FURTHER THAT By-law 3473 Paymentus Credit Card Payment Agreement be brought forward for Council consideration. "Carried" 17. FI 2010-042 Executive Summary to %L -Law 3470 Information Technology Service Contract 9 Presented By: Director of Finance Staff to add time specific clause to the contract. Resolution No. 18: Moved by: Councillor Klein Seconded by: Councillor Beres RESOLVE THAT Council receive Report FI 2010-042 Executive Summary to By -Law 3470 Information Technology service contract. AND FURTHER RESOLVED THAT By-law 3470 Information Technology contract be brought forward for Council consideration. IAMN "Carried" INFORMATION ITEMS 18. Oxford County Road Maintenance 9 Presented By: Clerk 19. Information Item - Library Board Meeting Minutes October 19.2010 Q NOTICE OF MOTION RESOLUTIONS RESULTING FROM CLOSED SESSION Resolution No. 19: Moved by: Deputy Mayor Renaud Seconded by Councillor Getty RESOLVE THAT Report ED010-28 Lease of Town Facility be received and recommendations therein be endorsed. ,,4� "Carried Resolution No. 20: Moved by: Deputy Mayor Renaud Page 8 /0"1 MINUTES: Meeting for the Committee "Open Council" Seconded by Councillor Beres: RESOLVE THAT Council receives report EDO 10-29 Lease of Office Space in the Air Terminal Building for information purposes. "Carried Resolution No. 21: Moved by: Councillor Getty Seconded by: Councillor Rosehart AND RESOLVED THAT Council receive the Procedure for Open Meetings for Planning Matters and the Meeting Statements as information; AND FURTHER THAT Council implement those procedures for all Open Planning Matters. "Carried" Resolution No. 22: Moved by: Councillor Getty Seconded by: Councillor Rosehart RESOLVE THAT Council receives CAOCL01-32 for information purposes. "Carried" Resolution No. 23: Moved by: Councillor Rosehart Seconded by: Councillor Getty AND RESOLVED THAT By -Law 3472 to authorize a Facade Improvement Loan be brought forward for Council consideration for three readings. "Carried" Resolution No. 24: Moved by: Councillor Rosehart Seconded by: Councillor Getty AND RESOLVE THAT Council appoint Deputy Mayor Renaud and Councillor David Beres to conduct the annual performance review of the CAO. "Carried" Resolution No. 25: Moved by: Councillor Beres Seconded by: Councillor Stephenson AND RESOLVE THAT Council endorse that Mayor Lessif, Deputy Mayor Renaud and Councillor Klein serve on the committee relating to Project Satellite. "Carried" BY-LAWS 20. By -Law 3468, to Confirm all Actions and Proceedings of Council C9 �..� 21. %L -Law 3469, to lease office space on Tillsonburg Airport Premises Q Presented By: Development Commissioner Page 9 MINUTES: Meeting for the Committee "Open Council" 22. By -Law 3470 to adopt an Information Technology Service Contract a 23. By -Law 3471, to amend zoning by-law 3295 (Sanders Crescent, Victoria Wood) Q 24. %L -Law 3472, To authorize the Facade Improvement Loan between the Town and Peter Shane Curtis and Jason Robert Wilcox a 25. By -Law 3473, to adopt an agreement with Paymentus Corporation Q 26. By -Law 3474, To enter into an Amending Agreement with Her Majesty the Queen in Right of Canada, to receive Community Adjustment Funding. M ad By -lava 3474 Comm Adi fund #3.rtf By -Law 3474 Schedule A.pdf FIRST AND SECOND READING Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres AND RESOLVED THAT By -Law 3468 to confirm all actions and proceedings of Council, and By -Law 3469, to lease office space at the Tillsonburg Airport, and By -Law 3470, to adopt an Information Technology Service By -Law 3471, to amend Zoning By -Law 3295, (Sander Cresc., Victoria Wood), and By -Law 3472, To authorize a Facade Improvement Loan for 41 Broadway, and By -Law 3473, to adopt an agreement with Paymentus Corporation,and By -Law 3474, to enter into an Amending Agreement with Her Majesty the Queen, be read a first and second time and this constitutes the first and second reading thereof. "Carried" BY-LAWS THIRD AND FINAL READING Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3468, 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" /"s Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3469, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same and place the Page 10 MINUTES: Meeting for the Committee "Open Council" Corporate Seal thereunto. "Carried" Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3470, 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" Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3471, 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" Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3472, 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. ?0*1111 "Carried" Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3473, 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" Resolution: Moved by: Deputy Mayor Renaud Seconded by: Councillor Beres RESOLVED THAT By -Law 3474, 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 ADJOURNMENT Resolution: Moved by: Councillor Stephenson Seconded by: Deputy Mayor Renaud AND RESOLVED THAT the meeting be adjourned at 8:57 Page 11 MINUTES: Meeting for the Committee "Open Council" p.m. "Carried" Approval Received: (1 of 1) Donna Hemeryck/Tillsonburg (Tuesday December 14, 2010 01:53 PM) Town of Tillsonburg Page 12