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990125 Regular Council Meeting MinutesJANUARY 25TH111999 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, January 25t', 1999 at 8:00 P.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton, Councillors: D. Beres, B. Carroll, S. Lamb, G. Leachman (left at 9:00 P.M. due to illness), S. Molnar, C. Rosehart and R. Smith ORDER OF BUSINESS: A. Adoption of Minutes — January 11 `h, 1999 No. 1 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council under date of January 11 `t', 1999 be adopted as printed and circulated. "Carried" MMM B. Adoption of Agenda No. 2 Moved by Deputy Mayor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Agenda as prepared for Council Meeting of January 251', 1999 be adopted, with the addition of G. Reports 4. Proposed County Action — Bill 79. "Carried" C. Declarations — Municipal Conflict of Interest Act Mayor Cam McKnight declared a Conflict of Interest with respect to Item A 125 and Dave Beres declared a Conflict of Interest with Item B 195, both being found on the Accounts Payable for December 301i, 1998, as found under the Corporate Services Minutes of January 204, 1999. D. Presentations 1. Monthly Volunteer Award PC Mayor Cam McKnight presented the January 1999 Volunteer Award to pww� Linda Kamps for her work as Chair of Special Awards Committee and other involvement with the Curling Club, Tillsonburg Minor Hockey Association, Exchange Students, and fundraising activities for Annandale House, Cancer Society, Tillsonburg Figure Skating and the Hockey Association*. E. Appointments/Delegations 1. Tillsonburg PUC RE: Deloitte & Touche Water/Waste Water Study Tim Harris, General Manager of the Tillsonburg PUC addressed Town Council and gave a verbal report on the Tillsonburg PUC position and reply to the County of Oxford Commissioned Water/Waste Water Study, as completed by Deloitte & Touche. He further stated that this presentation would go forward to the County of Oxford Public Works, at a meeting held on February 4t`, 1998. No. 3 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Corporation of the Town of Tillsonburg endorse the brief of the Tillsonburg Public Utility Commission with respect to the Deloitte Touche Water/Waste Water Report. "Carried" F. Committee of Adjustment 1. A 1-99 — Michael & Debra Lynn Terluin Mr. Mike Barrett, Planner, Count of Oxford, addressed Town and presented a report dated January 22n , 1999. A report dated January 25th, 1999 from the Chief Building Official was received. Mr. Mike Barrett recommended that a third condition should be placed in his recommendation of his reported dated January 22nd, 1999, to include a statement number 3 that would require a building permit to be issued for the western wall, consistent with the Ontario Building Code. Mr. Bomdahl, solicitor, on behalf of Mr. & Mrs. Terluin, was in attendance in support of the recommendation as amended as found in the report from the County of Oxford. A-" There were no other persons in attendance at the public hearing. No. 4 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT Committee of Adjustment Application A -1/99,f or 10 Hereford Street be approved, subject to the following conditions: 1) The pool deck be reduced in size to maintain a 1.2m (3.9 ft.) eastern interior side yard. 2) Condition No. 1 & 3 be satisfied within one year of the date of the Committee's decision or the Committee's decision will lapse. 3) Apply for a Building Permit for the garage wall. "Carred" 2. A-2/99 — Angela Fardella Mr. Mike Barrett, Planner, County of Oxford, addressed the Committee of Adjustment and presented a report from the County of Oxford dated January 22nd, 1999. ow" A report dated January 25th, 1999, from the Chief Building Official, was received. Mr. Mike Barrett further stated that the County of Oxford Report dated January 22nd, 1999 should be amended to include Conditions 5 and 6, being: 5. Lot Grading Plan to the satisfaction of the Chief Building Official 6. A Building Permit to be issued for the as -built addition. "Carried" Mrs. Betty Petz, on behalf of Mrs. Angela Fardella, addressed the Committee of Adjustment in support of the applied for Minor Variance. There were no other persons in attendance who addressed the Committee of Adjustment. No. 5 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT 7� Committee of Adjustment A-02/99 for 50 Rolph Street be approved, subject to the following conditions: 1) The portion of the attached garage which is situated on the subject property be removed from the subject property to the satisfaction of the Town Chief Building Official. 2) The Secretary -Treasurer receive a letter from the owner(s) of the neighbouring property to the north, indicting that they are satisfied with the reconstruction of the garage. 3) The application be amended to request relief from the lot area, lot depth and lot frontage provisions of the R3 zone. 4) Conditions Nos. 1, 2, 3, 5 and 6 be satisfied within one year of the date of the Committee's decision or the Committee's decision will lapse. 5) Lot grading plans be submitted, to the Town's satisfaction. 6) All necessary and required permits and inspections be applied for and approved. "Carred" G. Reports 1. Corporate Services Committee Minutes of January 20th 1999 2. Treasurer — Council Remuneration and Expenses —1998 3. Otter Valley Utility Corridor & Recreation Trail Minutes of December 15`x'11 1998 H. Communications 1. County of Oxford RE: Lifting of Part Lot Control — George Gilvesy Jr./The Linkoln Group Inc. 2. London Health Sciences Foundation RE: Permission to Sell Lottery Tickets in Tillsonburg 3. Oxford County Tourist Association RE: Delegate for the Town of Tillsonburg fflo" 4. Town of Pickering RE: Resolution Regarding the Elimination of Child Poverty I. Information 1. Correspondence RE: Deloitte -Touche Water and Waste Water Study: i) Township of Norwich ii) Town of Ingersoll 2. Ontario Property Assessment Corporation RE: Change to Ontario Ministry of Finance, Assessment Division 3. Office of the Parliamentary Assistant to the Premier RE: Ontario Volunteer Service Awards & Outstanding Achievement Awards for Voluntarism 4. County of Oxford RE: Fairness for Property Taxpayers Act (Bill 79) — Up -Date 5. Invitation to "Forum `99" — Searching for Solutions to PVician Recruitment and Retention in Southwestern Ontario — February 24 , 1999 in Chatham 6. Association of Municipalities of Ontario RE: Important Bill 79 Regulations Released: Calculation of Capped Property Taxes 7. Correspondence RE: Parking By -Law: i) Gyulveszi Properties Inc. ii) Imperial Hotel J. Resolutions No. 6 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Corporate Spryices Committee Minutes of January 20'', 1999 be received and r'gponamendations contained therein be adopted. `pried" No. 7 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Statement of Remuneration and Expenses paid to members of Council for the year ended December 31 s% 1998, be received. "Carried" No. 8 Moved by Councillor Lamb Seconded by Councillor Carroll AND RESOLVED THAT the Otter Valley Utility Corridor and Recreation Trail Minutes of December 15Th 1998 be received and recommendations contained therein be adopted. "Carried" No. 9 Moved by Councillor Lamb Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that the lands consisting of Lot 61, Registered Plan 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 standard Part Lot Control Agreement with the applicant. "Carried" No. 10 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council of ^ the Town of Tillsonburg grant the Health Sciences Foundation permission to sell lottery tickets in the Town of Tillsonburg. "Carried" No. 11 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the request from the Oxford County Tourism Association, requesting the name of the Town's appointed delegate to the Board of Directors for the term 1999- 20001 be referred to the Town's Tourism Committee for consideration. "Carried" No. 12 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg support the Town of Pickering's resolution under date of January 18th, 1999 regarding the elimination of child poverty; AND FURTHER THAT the Honourable Margaret Marland, Minister Responsible for Children; the Honourable Janet Ecker, Minister of Community and Social Services; and Mike Harris, Premier of the Province of Ontario, be so advised. "Carried" PEM4 No. 13 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Municipal Act, RSO 1990, does not allow municipalities to regulate or prohibit a class or breed of dog nor is there a specific provision in the Act pertaining to dogs that allows for the prohibition or regulation of dogs by breed or class; AND WHEREAS the rottweiler and the pitbull are breeds of dogs that have shown a propensity to be vicious and attack endangering both human life and that of other animals in the Town of Tillsonburg and elsewhere in the Province of Ontario; AND WHEREAS the Town of Tillsonburg has completed significant research and review of animal control and has enacted by-laws to regulate and restrict the acts of vicious dogs in the Town of Tillsonburg; AND WHEREAS the Town of Tillsonburg has previously deemed it expedient and necessary to have specific legislation permitting the Town to regulate and restrict the rottweiler and pitbull dog in the Town of Tillsonburg through the Municipal Act, RSO 1990; AND WHEREAS the Council of the Corporation of the Town of ow" Tillsonburg has petitioned the Legislative Assembly of Ontario in a letter dated May 1, 1998 with over 1,000 signatures through their Local Member of Provincial Parliament, Mr. Toby Barrett — Norfolk and Tillsonburg; AND WHEREAS another vicious attack has occurred on a boy in West Williams Township near Strathroy, Ontario by two rottweiler dogs leaving the child in critical condition; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town .of Tillsonburg request the Minister of Municipal Affairs for the Proving of Ontario to enact the permissive legislation to restrict and regulate both the rottweiler and pitbull dog through the Municipal Act, RSO 1940; that will allow the Town of Tillsonburg and all municipalities across the Province of Ontario to address the significant danger posed to citizens prior to a vicious attack by those dogs. AND FURTHER THAT this resolution be sent to the Premier of Ontario, Minister of Municipal Affairs and the local Member of Provincial Parliament, Mr. Toby Barrett — Norfolk and Tillsonburg, West Williams Township and all municipalities across the Province of Ontario. "Carried" K. L. No. 14 Moved by Councillor Carroll Seconded by Councillor Beres AND RESOLVED THAT ALLMAT Associates be awarded the contract to conduct a salary and organization review for the Town of Tillsonburg in accordance with the submitted Request For Proposal. "Carried" No. 15 Moved by Councillor Carroll Seconded by Councillor Lamb AND RESOLVED THAT the following persons be appointed to fill the respective positions on Boards and Commissions with the Town of Tillsonburg: i) Airport ii) Culture iii) Museum iv) Non -Profit v) Tourism vi) Parks/Recreation - Vern Fleming - Jane Hasslinger - Craig Brown & Robert Stewart -vacant - Jane Hasslinger - John Clifford; AND FURTHER THAT the Museum Board By -Law be amended accordingly. "Carried" By -Laws The following By -Law received three readings and was finally enacted: 1. By -Law 2884 - To Executive Agreement with Tillsonburg & District Real Estate Board Notice of Motion M. Closed Session No. 16 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Council move into Closed Session to consider a personal matter. "Carried" Meeting adjourned at 10:45 P.M. r.