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980727 Regular Council Meeting MinutesON" July 27th, 1998 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, July 27th, 1998 at 7:30 P.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario. PRESENT: Mayor C. McKnight, Deputy Mayor Iry Horton, Councillors: D. Beres, B. Carroll, S. Lamb, G. Leachman, C. Rosehart, S. Molnar and R. Smith ORDER OF BUSINESS: A. Aft tion of Minutes No. 1 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council Meetings of June 22nd and July 10th, 1998 be adopted as printed and circulated. "Carried" B. Adoption of Agenda op.., No. 2 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the agenda of Council meeting of July 27th, 1998 be adopted as printed with the following addition. I. Information � 7 . Mopthly Site P l ap Report. "Carried" C. Declarations - Municipal Conflict of Interest Act Councillor D. Beres declared a Conflict of Interest with respect to Accounts Payable as contained in the Corporate Services Committee Minutes dated July 22nd, 1998 with respect to Vendor B95; and Councillor Brenda Carroll declared a Conflict of Interest with respect to Public Services Committee Minutes regarding Niagara Street petition. rte, D. ApnointmentsMeleaations 1. 2. Mr. Stan Grabstas RE: Tillsonburg Fair Board Mr. Stan Grabstas addressed Town Council and requested an interest-free loan from the Town of Tillsonburg in the amount of $8,000 to up -grade the food booth venting system as a result of the recent fire. No. 3 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT a loan up to an amount of $8,000 be granted to the Tillsonburg Tri -County Agricultural Society at Prime Rate to cover the costs of upgrading the venting system at the food booth should the costs not all or partially be covered by insurance. "Carried" Mr. Jim Hanlon RE: Lisgar Avenue Mr. Jim Hanlon addressed Town Council with respect to ^ti traffic calming on Lisgar Avenue and stated that efforts to this date were not working in his opinion. E. Committee of Adjustment 1. 0 A-10/98 - Betty & Allan Greer Mr. Pye, Brighton Construction, addressed Committee of Adjustment and requested support of the applied for Minor Variance. Mr. Mike Barrett, was also in attendance in support of the applied for Minor Variance and presented a report dated July 27th, 1998. No. 4 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the application to Committee of Adjustment of Betty and Allan Greer as affects Lot 41 Plan M-371 36 Hillyndale Road, to reduce the required front yard to 7.46 m (24.5 ft.) and rear yard to 8.4 m (27.5 ft.) be approved subject to obtaining a building permit within one year following the date of decision. "Carried" A-11/98 - Gordon Wilkinson Mr. Mike Barrett presented a report dated July 27th, 1998 in support of the applied for Minor Variance. There were no other persons in attendance. 0=110� No. 5 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the application to Committee of Adjustment of Gord Wilkinson as affects Part Lots 23 & 24, Plan 41R-5302, 14 MacDonald Court, to reduce rear yard to 5.4 m (17.7 ft.) for the purpose of a sunroom be approved. 3. A-12/98 - Philip Brown Mark Cook was in attendance on behalf of Mr. Philip Brown and requested approval of the applied for Minor Variance as the proposed construction would allow the property owner Mr. Philip Brown to continue home care for a family member. Mr. Mike Barrett was in attendance and requested deferral of the applied for Minor Variance so that the proposed addition could be suited on the subject lands in greater compliance to the Town of Tillsonburg's Zoning By -Law 1994. No. 6 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the application to Committee of Adjustment of Philip Brown as affects Lot 525, Plan 500, 48 Frank Street be deferred. "Carried" F. Public Hearings 1. Application for Zone Change - Brandon Melucci Mr. Olie Mandryk, solicitor, Mandryk & Associates, was in attendance on behalf of Brandon Melucci in opposition to the recommendation as contained in the County Report #98- 110 and stated that the residential uses were legal non- conforming under the Town of Tillsonburg's Zoning By -Law 1994 and that the proposed zone change for commercial car sales would not detract from the industrial zones surrounding the subject lands. Mr. Mike Barrett addressed Town Council in opposition to the Application for Zone Change, since the commercial car 0MIA lot would be contrary to the Town's Official Plan Policies along with the County Official Policies and detract further from industrial zone surrounding the subject lands. No. 7 Moved by Councillor Lamb Seconded by Councillor Leachman AND RESOLVED THAT this Council approve the zone change application submitted by Brandon Melucci for the lands located on Part Lot 3, Concession 5, NTR Township of Middleton, in the Town of Tillsonburg requesting that the lands be rezoned from General Industrial M2 to Special General Industrial M2 -Special. "Carried" G. Reports 1. Corporate Services Committee Minutes of July 22nd, 1998 and July 24th, 1998 2. Public Services Committee Minutes of July 9th, 1998 3. Development/Culture Committee Minutes of June 25th, 1998 H. Communications 1. County of Oxford RE: Lifting of Part Lot Control: i) George Gilvesy Jr. (Lot 36, Plan 41M-133) ii) George Gilvesy Jr./The Linkoln Group Inc. (Lot 351 Plan 41M-133) 2. Cyril J. Demeyere RE: Objection to By -Law 2853 3. Girl Guides of Canada RE: Permission to Operate a Hot Dog/Hamburg Stand - August 14th & 15th, 1998 4. Gary Wolfe RE: Buskering in Tillsonburg 5. Director of Public Services RE: Tri -County Antique Parade 6. Corporation of Mildmay -Carrick RE: Resolution - Nutrient Management Planning 7. Association of Municipalities of Ontario RE: i) Appointment of Members(s) of Council to Attend Annual Conference ii) Board Nomination 00014 I. Information 1. Ernie Hardeman RE: Septic Services to Norfolk Mall 2. Ministry of Energy Science and Technology RE: An Act to Create Jobs, and Protect Consumers by Promoting Low -Cost Energy through Competition, to Protect the Environment and Provide for Pensions, and to Make Related Changes to Certain Acts 3. Federation of Canadian Municipalities RE: September 9th - 12th, 1998 - Call for Resolutions 4. Ministry of Municipal Affairs and Housing RE: Province Assumes Responsibility for Special Needs Housing 5. International Plowing Match 198 - September 15th -19th, 1998 6. Canadian Auto Works RE: Appreciation for Support re: Automobile Import Tariffs 7. Toby Barrett RE: Control of Pit Bull Dogs in Tillsonburg 8. Michael Power, President of AMO RE: Re-election and 0=14 Invitation to Attend Suite at AMO Conference in August 9. County of Oxford RE: Request for Proposals - Development of a Preferred Management Model for Water and Sewage Services 10. County of Oxford RE: Future Well Drilling 11. Min�ptfier of l;idustry RE: News Release - Government Wraps Up Automotive Competitiveness Review 12. Ministry of Transportation RE: Extension of CTAP Program 13. Copy; im. ...Tim McCoy, Community Services Officer RE: =rwg Guare Tillson Avenue at Annandale 14. Ontario Regional Ozoe RE: Veterans' Week 1998 15. Long Point Region Conservation Authority Minutes of June ,3rd,1 1g98 16. Asso iation of Municipalities of Ontario RE: i) MCSS Announces Implementation Plan for National ,g,MN Child Benefit ii) Legislative Highlights at the Close of the Current Session of the Ontario Parliament iii) Pre -Booking Appointments with Ministers During AMO's 1998 Annual Conference J. Resolutions No. 8 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Minutes of the Corporate Services Committee under date of July 22nd and July 24th, 1998 be received and recommendations therein be adopted. "Carried" No. 9 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT following members of Council be appointed AS �L Court of Revision under The Local Improvement Act re: Denton Avenue: Mayor C. McKnight Councillors: S. Molnar B. Carroll "Carried" No. 10 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the report of the Revenue Officer of July 27th, 1998 with respect to Corporate Information Systems be received and recommendation contained therein be adopted. "Carried" No. 11 Moved by Councillor Smith Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of the Public Services Committee of July 9th, 1998 be received and recommendations therein be adopted, except for Item 2 - Transit Minutes, which were separated. "Carried" No. 12 Moved by Councillor Carroll Seconded by Councillor Molnar AND RESOLVED THAT Item V(A) of Public Services Committee Minutes of July 9th, 1998 be divided and voted on separately. "Carried" No. 13 Moved by Councillor Carroll Seconded by Councillor Molnar AND RESOLVED THAT the matter of Transit benches be referred to Public Services Committee and Transit Committee for further consideration. "Carried" No. 14 Moved by Councillor Carroll Seconded by Councillor Lamb AND RESOLVED THAT the Minutes of the Development/Culture Committee be received and recommendations therein be adopted. "Carried" No. 15 Moved by Councillor Rosehart Seconded by Councillor Horto following lands be exempted and the County be requested exempting by-laws as well standard Part Lot Control applicant: a) Lot 36, Plan 41M-133 b) Lot 35, Plan 41M-133. "Carried" n AND RESOLVED THAT the from Part Lot Control to enact the necessary as entering into the Agreement with the No. 16 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Tillsonburg Girl Guides be authorized to operate a omw+ Hotdog/Hamburger stand on Sanders Street August 14th and 15th, 1998 in conjunction with the Tillsonburg Fair. "Carried" No. 17 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the request related to buskering from Mr. Gary Wolfe be referred to the Town's Corporate Services Committee for possible licensing review and sent to the B.I.A. for comments. "Carried" No. 18 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Tri -County Agricultural Society be granted permission to conduct a parade through the downtown on Saturday, August 15th, 1998 qt 1:00 p.m. in accordance with the filed parade route. RESOLVED FURTHER THAT the following streets be closed in conjunction with the Tills burg Fair from August 13th to 16th, Sanders Strert at Hardy Avenue, John Strqet qt Hardy Avenue, Hardy Avenue OVE4 at the Entrance to the Fair Grounds. "Carried" No. 19 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT this Council support the resolution of the Township of Mildmay -.Carrick with respect to Nutrition Management Plan principles being adopted as Provincial Guidelines. "Carried" No. 20 Moved by Councillor Lamb Councillor Carroll AND RESOLVED THAT the following be appointed as Municipal representatives at the AMO conference for 1998: - Councillor Gayle Leachman "Carried" No. 21 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Town's solicitor has advised that the Tillsonburg Flying Club Appears to be in Breach of Contract of its management Agreement with the Town. AND WHEREAS in the opinion of the Town, the Flying Club has failed to address aviation safety at the Tillsonburg Airport as relates to the current management arrangement. ,..., "Carried" No. 22 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT an interim contract be entered into with Mr. Scott MacRae for management of the Tillsonburg Airport. "Carried" No. 23 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT a communication be sent to all users of the Airport urging all parties to work together for the public betterment of the Airport. "Carried" K. By -Laws The following by-laws received three readings and were finally enacted: 1. By -Law 2855 - To amend Zoning By -Law 1994, as amended (Charcomp Investments Ltd.) 2. By -Law 2856 - To authorize Encroachment Agreement with the Estate of Emma Devos 3. By -Law 2857 - To authorize the Sale of Lands to Charcomp Investments Ltd. 4. By -Law 2858 - To Set Tax Rate for 1998 L. Notice of Motion Meeting adjourned.