020812 Regular Council Meeting Minutes1 O s
MINUTES: Meeting for the Committee "Open Council"
Iv 13 08 02
Review Access: • Public CJ Private
MINUTES
Town of Tillsonburg
Meeting for the Committee "Open Council"
on
Monday August 12, 2002 07:00 PM
Council Chambers
Chair: Iry Horton
Orders of the Day: Call to Order
Closed Meeting Session
Disclosure of Pecuniary Interest or
the General Nature Thereof
Minutes & Business Arising out of the
Minutes
Adoption of Agenda
Public Meetings
Delegations
2002 Second Quarterly Reports
Community Services
Operations
Corporate Services
Information Items
Items of Public Interest
By -Laws
Closed Meeting Session continued
Committee of the Whole Report
Adjournment
CALL TO ORDER
CLOSED MEETING SESSION
> No. 1
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed
Session.
"Carried"
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF
Page 1
MINUTES: Meeting for the Committee "Open Council"
MINUTES & BUSINESS ARISING OUT OF THE MINUTES
> DJuly 8, 2002
No. 2
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of Council under date of July 8, 2002
be adopted, as amended.
"Carried"
Note: Schedule B to By -Law 3030 to provide for the adoption of Budgetary Estimates and Tax Rates for
2002 replaced with the following:
9
3030 Final 2002.doc
ADOPTION OF AGENDA
> No. 3
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Agenda as prepared for the Council Meeting
of August 12, 2002 be adopted, as amended.
"Carried"
� Note:
• 'Caboose' added under Community Services
• Personnel Policy Review (Item 12) ... deleted (also deleted from By -Laws)
• Adult Entertainment & Body Rub Parlour Regulating By -Law (Item 13) ... deleted (also deleted from
By -Laws)
PUBLIC MEETINGS
1. Committee of Adiustment Application A-14/02 - George and Evelyn Schmidt
Presented By: Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford
Notice of Public Hearing...
Planning Comments from County of Oxford...
Note: In addition, as a result of review of the subject application, the following responses
were received:
i) Long Point Region Conservation Authority - No comments.
ii) Manager of Engineering - No comments.
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford,
reviewed the subject application and report, as attached.
Ms. Shirley Magashazi, agent for the applicant, appeared in support of the application.
No other persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Page 2
MINUTES: Meeting for the Committee "Open Council"
Rpsniti inn
> No. 4
Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approves application A-14102 for 7 Seres Drive, subject to the following
conditions:
1) That an OLS survey be provided for the subject property to the satisfaction of the
Chief Building Official.
2) That a Building Permit be obtained within one year.
"Carried"
2. Committee of Adiustment Application A-15102 -James and Grace Jarrett
Presented By: Mr. James Hill, Manager of Community and Strategic Planning, County of
Oxford
Notice of Public Hearing...
Planning Comments from County of Oxford...
Note: In addition, as a result of review of the subject application, the following responses
were received:
i) Long Point Region Conservation Authority - No comments.
,A� ii) Manager of Engineering - No comments.
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford,
reviewed the subject application and report, as attached.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No. 5
Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approve application A-15102 for 19 Wilson Avenue on the condition:
1. That the application be amended to request a variance to increase the permitted
encroachment of the covered deck into the rear yard from 1.5 m (4.92 ft) to
2.3 m (7.55 ft).
"Carried"
3. Committee of Adjustment Application A-16102 - Dalm Construction Limited D
Presented By: Mr. James Hill, Manager of Community and Strategic Planning, County of
Oxford
Notice of Public Hearing...
/O"� Planning Comments from County of Oxford...
Page 3
MINUTES: Meeting for the Committee "Open Council"
/010" Note: In addition, as a result of review of the subject application, the following responses
were received:
i) Long Point Region Conservation Authority - No comments.
ii) Manager of Engineering - No comments.
iii) Broadway Estates Inc. - In support of variance.
decision.
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford,
reviewed the subject application and report, as attached.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No. 6
Moved by Councillor Lewis
Seconded by Councillor Smith AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approve application A-16/02 for 135 Glendale Drive on the condition:
1. That a building permit be issued within one year of the date of the Committee's
"Carried"
4. Committee of Adjustment Application A-17/02 - Rudolf & Hildegard Cech
Presented By: Mr. James Hill, Manager of Community and Strategic Planning, County of
Oxford
Notice of Public Hearing...
Planning Comments from County of Oxford...
Note: In addition, as a result of review of the subject application, the following responses
were received:
i) Long Point Region Conservation Authority - No comments.
ii) Manager of Engineering - No comments.
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford,
reviewed the subject application and report, as attached.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No. 7
Moved by Councillor Lewis
Seconded by Councillor Molnar AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approve application A-17/02 for 17 Seres Drive subject to the following
condition:
1. That the application be amended to request a variance to reduce the rear yard
depth from 10 m (32.8 ft) to 7.65 m (25.1 ft).
/0001 "Carried"
Page 4
MINUTES: Meeting for the Committee "Open Council"
5. Committee of Adjustment Application A-18102 - Dalm Construction Limited D
Presented By: Mr. James Hill, Manager of Community and Strategic Planning, County of
Oxford
Notice of Public Hearing...
Planning Comments from County of Oxford...
Note: In addition, as a result of review of the subject application, the following responses
were received:
i) Long Point Region Conservation Authority - No comments.
ii) Manager of Engineering - No comments.
iii) Broadway Estates Inc. - In support of variance.
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford,
reviewed the subject application and report, as attached.
No persons appeared in support of, or opposition to, the subject application.
The following resolution was passed.
Resolution
> No. 8
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approves application A-18102 for 128 Glendale Drive on the condition:
1. That a building permit be issued within one year of the date of the Committee's
decision.
"Carried"
6. Committee of Adiustment Application A-19102 - Lambert, John, Fran & Dianna
Presented By: Mr. James Hill, Manager of Community and Strategic Planning, County of
Oxford
Notice of Public Hearing...
50
A-19-02.doc
Planning Comments from County of Oxford...
L
CofA Report A-19-02.1 a19-02 pl.pdf
Note: In addition, as a result of review of the subject application, the following responses
were received:
i) Long Point Region Conservation Authority - No comments.
ii) Broadway Estates Inc. - In support of variance.
iii) Fire Chief - No objections.
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford,
/-Oaks reviewed the subject application and report, as attached.
Page 5
MINUTES: Meeting for the Committee "Open Council"
e'\ No persons appeared in support of, or opposition to, the subject application.
/"'\
decision.
The following resolution was passed.
Resolution
> No. 9
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Tillsonburg Committee of
Adjustment approves application A-19102 for 121 Glendale Drive on the condition:
1) That a building permit be issued within one year of the date of the Committee's
"Carried"
7. Application for Consent and Zone Change ZON 7-288 - 759414 Ontario Limited
Presented By: Mr. James Hill, County of Oxford
Ll Ll L�i 11 11 11
7-288.doc 7-288-key.pdf 7-288.pdf 7-288_byl.doc 7-288.EXP.doc 136-02 & ZON 7-288 plate3.p
11 11
66-02 & ZON 7-288_ plate2.� b6-02 & ZON 2-288_aerial.r
Mr. James Hill, Manager of Community and Strategic Planning, County of Oxford, reviewed the subject
application and report, as attached.
Mr. John McMann, solicitor for Rock Developments Inc., appeared before Council in support of the subject
application. Mr. McMann requested one change, being an increase in square footage from 40,000 to
50,000.
In response to Mr. McMann's request, Mr. Hill noted that the Retail Impact Study and Peer Review had
been conducted based on 40,000 square feet.
Mc McMann commented that the request would be well within the proposed lot coverage and within the
Official Plan guidelines.
Mr. Hill responded that he would like an opportunity to further review the request for the increase.
Based on Mr. Hill's comments, Mr. McMann responded that, in order to avoid a possible delay on the
decision, he would rather see the application proceed as originally submitted, based on 40,000 square feet
and, if necessary, the applicant could follow up with a subsequent application.
The following resolution was passed.
Resolution
> No. 10
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of Tillsonburg
approve the attached zoning by-law amendment for the application of Rock Developments Inc.,
whereby lands located in Part Lot 7, Concession 10 (Dereham), in the Town of Tillsonburg, are
zoned from `Development (D)' to Special 'Highway Commercial (C2-25)' and Special
'Development (D-7)'.
"Carried"
Page 6
MINUTES: Meeting for the Committee "Open Council"
� 8. Cash in Lieu Reports
/'011
Presented By: Mr. James Hill, County of Oxford
i) Comments on Application for Cash in Lieu of Parking, 22 London Street East
(Cathy Vindasius)...
9
Vindasius Cash in Lieu.d(
Resolution
> No.11
RESOLVED THAT the Staff Report dated August 7th, 2002 regarding a Cash in
Lieu of Parking Agreement for 22 London Street East be received,
AND THAT Council approves the application for a Cash in Lieu of Parking
Agreement between the Town and Cathy
Vindasius, for a sum of $2,600, for the property legally described as Plan 500,
Lot 1094, municipally known as 22 London Street East, subject to the applicant
reimbursing the Town for any associated required costs to register a lien on title of
the property.
ii) Comments on Application for Cash in Lieu of Parking, 38 Ridout Street West
(Vasco Serrador)...
Serrador Cash in Lieu.dc
Resolution
No. 12
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Staff Report dated August
7th, 2002 regarding a Cash in Lieu of Parking Agreement for 38 Ridout Street West be
received;
AND THAT Council approves the application for a Cash in Lieu of Parking Agreement
between the Town and Vasco Serrador, for a sum of $14,300, for the property legally
described as Plan 500, Pt Lots 888 and 889, municipally known as 38 Ridout Street West,
subject to the applicant reimbursing the Town for any associated required costs to register a lien
on title of the property, with the following condition:
1. That the owner of the subject property enter into an agreement and indicate that
they are willing to have the lien registered against the property.
"Carried"
DELEGATIONS
COMMUNITY SERVICES
> 9a. Tillsonburgt Lioness Club RE: Caboose
a
Lioness Club.tit
The following resolutions were introduced and defeated:
Page 7
MINUTES: Meeting for the Committee "Open Council"
'A� No. 12
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT the caboose be relocated to the boulevard on
Bridge Street West of the Great Western Railway Station.
"Defeated"
Recorded Vote:
Yea Nay
Beres, D. X
Horton, I. X
Lewis, F. X
Molnar, S. X
Smith, R. X
No. 13
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the caboose be offered for sale and the net
proceeds be designated to a joint Lions/Lioness project in the Town of Tillsonburg.
"Defeated"
Recorded Vote:
Yea Nay
Beres, D. X
Horton, I. X
Lewis, F. X
Molnar, S. X
Smith, R. X
A third resolution was introduced, and passed, later in the meeting.
(see below)
OPERATIONS
9. Brookside Subdivision Proposal
Correspondence Received:
i) Scott and Kathy Gooding
ii) Jarvis/Hallett
iii) Southside Group
For purposes of reference:
i) Previous Staff Reports of the Director of Operations:
a
- February 6 2001.ti
ft
- March 1 2001.tif
ii) Minutes from Public Meeting of July 9, 2002[)
/40� Mr. Bob Morrison, representing Brookside Subdivision appeared before Council and
Page 8
MINUTES: Meeting for the Committee "Open Council"
reviewed their proposal—not to extend Glendale Drive, but rather connect by way of a
pedestrian walkway; Allen Street would not be extended; and Belmont Avenue would
become a cul de sac.
Rev. Brndjar, 111 Allen Street, appeared in support of the proposal. He noted that the
traffic has increased and is very significant.
Mr. Brent Hosler, 77 Allen Street, appeared in support of the proposal. He also noted an
increase in vehicular traffic and is concerned that the opening up of Allen and/or Glendale
would increase the risk of accident.
Mr. John Moylan, 55 Glendale Drive, appeared in support of the proposal.
Rev. Jarvis, 69 Allen Street, appeared in support of the proposal.
Mr. John Lanthier, 64 Glendale Drive, appeared in support of the proposal, and does not
want to see any more traffic
Ms. Cathy Gooding, resident of Brookside Subdivision since June 2002, appeared in
opposition to the proposal. Ms. Gooding stated that she had been let to believe that there
would be a second access point into the subdivision. She is concerned with safety and
noted that safety concerns need to be considered. Ms. Gooding also submitted written
comments, as attached. (Item 9.i) Ms. Gooding also noted that she would like to receive
notification if street re -naming takes place.
Mr. S. Lund, Director of Operations, commented that there should at least be an
emergency access route.
� Mr. D. Morris, CAO, suggested taking another look at the subdivision to try to address
safety concerns. He suggested that perhaps in phase 2 another street could be taken off
of Quartertownline, with an exact location to be reviewed with engineering staff. He noted
that it would have to be made clear to residents and the developer that the matter be
looked at further in a new perspective. He further noted that good planning principles
ensure that two access points be provided into a subdivision.
Councillor Smith expressed concerns with the situation. He noted that the plan of
subdivision has been on record since 1990, and the actual subdivision agreement goes
back to the late 1970's. The subdivision was designed for Glendale and Allen Street to go
through. He feels it is inappropriate to decide that these roads will not go through now,
however there is no firm decision as to what will happen. He noted that he could not
support not extending Glendale Drive and/or Allen Street without knowing what the rest of
the subdivision will look like. He also commented that he does not support cul de sacs,
as they cost more for snow removal and create problems for fire services. Council Smith
wanted to see a final plan before Council acted.
Ms. Gooding further commented that she had confirmed with Mr. Hill, of County Planning,
that in the late 1970's the plans did show Glendale going through.
Mr. Lanthier further commented that this is the time to make a decision, while Brookside
is still be developed and there are few residents presently there.
Councillor Molnar commented that he would need to a proposal as far as a second
entrance into the area.
Councillor Lewis commented that Council should be looking at an alternative plan for the
subdivision, which includes a second entrance, as Councillor Smith had pointed out.
Page 9
MINUTES: Meeting for the Committee "Open Council"
Resolution
RESOLVED THAT with respect to Brookside Subdivision, the subsisting Subdivision Plan
be amended, deleting requirements for Glendale Drive and Allen Street to be
constructed across Clear Creek, on condition that the subdivider bring forward an amended
subdivision application, including a second road access from Quarter Line Road, for Council
approval.
"Carried"
2002 SECOND QUARTERLY REPORTS
10.2002 Second Quarterly Report - Corporate Services D
Staff Report dated July 31, 2002 regarding 2002 Second Quarterly Report for
Corporate Services (supplementary reports - Council, Corporate Administration,
Customer Service, Planning, Police, Protection)
Resolution
>No. 15
Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT the Staff Report dated July 31,
2002 regarding Corporate Services 2002
Second Quarter Report for the Period Ended June 30, 2002 be received for information.
"Carried"
No. 16
Moved by Councillor Molnar
Seconded by Councillor Lewis 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 July 8th, 2002.
"Carried"
11. Operations 2002 Second Quarterly Report [)
Presented By: Director of Operations
�I
June 2002 Operations Quarterly Report 2002 2nd Quarterly Report Final Draft to Steve Lund July 18 X.
W1
2nd quarter report 2002.dot 011231 210 building.do
E E E
2nd. Quarter Report 2002 Fire.dc 2002 2nd. Quarter Fleet Report.dc 020406 700 qtr report.dc
Resolution
> No. 16
]Moved by Councillor Molnar
Seconded by Councillor Beres AND RESOLVED THAT the Staff Report dated July 31,
2002 regarding Operations 2002
Second Quarter Report for the Period Ended June 30, 2002 be received for information.
10� "Carried"
Page 10
MINUTES: Meeting for the Committee "Open Council"
x'41 Note: Community Services 2002 Second Quarterly Report to be presented at Council Meeting of
September 9, 2002.
CORPORATE SERVICES
12. Personnel Policy Review (Item Deferred from Council Meeting of July 8, 2002)
® L 9
020702 personnel policy review.doc02O7O3 Personnel Policy.doc By -Law 3029.130[
Staff Report dated July 2, 2002 regarding the Personnel Policy Review
Item deleted from Agenda.
13. Adult Entertainment & Body Rub Parlour Regulating By-law D
Staff Report dated August 7, 2002 regarding an Adult Entertainment & Body Rub
Parlour By-law
Item deleted from Agenda.
14. County of Oxford RE: Lifting of Part Lot Control - George Gilvesy
Resolution
> No. 18
Moved by Councillor Lewis
Seconded by Councillor Smith AND RESOLVED THAT the lands consisting of Lots 23-30
and 40-47 incl. Plan 41 M-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"
15. Vance Sod Farms RE: Water Restrictions/Ban D
Rpcnh itinn
> No. 19
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT the correspondence received
from Vance Sod Farms with respect to water restrictions and ban be received and
referred to the upcoming meeting with the County of Oxford Public Works.
"Carried"
16. Bayham Trail Maintenance Committee RE: Maintenance Proposal [j
Resolution
> No. 20
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT the correspondence containing
the maintenance proposal of the Bayham trail be referred to the Otter Valley Utility
e*N Corridor and Trail Management Board for recommendation.
Page 11
MINUTES: Meeting for the Committee "Open Council"
"Carried"
17. Mill Pond Estates - Traffic Impact Study
Study as prepared by F.R. Berry & Associates, July 2002:
Rk
Traffic Impact Study.ti
For Reference Purposes...
Staff Report of Director of Operations(from Council Meeting of June 10, 2002):
® k
South Bidwell Street Road Closure - Aspden Reque: aspden bidwell st request.
Resolution
> No. 21
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the Mill Pond Estates Tillsonburg
Traffic Impact Study, as prepared by F.R. Berry and Associates, dated July 2002, be
received;
AND FURTHER THAT public notice procedures under The Municipal Act for Road
Closing commence for consideration by Council in September 2002.
"Carried"
INFORMATION ITEMS
/0�
18. Ontario Provincial Police, Oxford County _Detachment RE: Policing for Results Community
Survey D
19. Long Point Region Conservation Authority Minutes - May and June 2002 [
LPRCA Minutes of May 2002...
LPRCA Minutes of June 2002...
20. Tillsonburg Public Library RE: Promoting Tourism D
21. The Canadian National Institute for the Blind RE: Selling of 2003 Calendar in Tillsonburg D
For information only:
00*1� RESOLUTIONS
Page 12
MINUTES: Meeting for the Committee "Open Council'
/O`1 No. 22
Moved by Councillor Beres
Seconded by Councillor Molnar AND RESOLVED THAT the caboose be relocated to a location agreeable
to the Station Arts Centre and that adjacent neighbours be consulted,
AND THAT the costs of moving, repairing, and maintaining the caboose be passed on to the Station Arts
Centre;
AND FURTHER THAT, should the location arrangement not be made by September 30, 2002, the
caboose be relocated to the works yard, until a further permanent location can be arranged.
"Carried"
No. 23 (see Item 8ii, above)
ITEMS OF PUBLIC INTEREST
BY-LAWS
>The following By -Law received three readings:
By -Law 3032 - To amend Zoning By -Law 1994, as amended
[I [I [I F 1 11
7-288__byl.doc 7-288-key.pdf 7-288.pdf 7-288.EXP.doc 66-02 & ZON 7-288_ plate3.p
eooll� Ll ILI
136-02 & ZON 7-288_plate2.p b6-02 & ZON 2-288 aerials
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3032 to amend Zoning By -Law 1994, as
amended
be introduced and 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 Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and go into Committee of
the Whole for the purpose of considering By -Law number 3032.
"Carried"
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and report on By -Law
number 3032 as passed in Committee without amendment.
"Carried"
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3032 to amend Zoning By -Law 1994, as
amended
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"
CLOSED MEETING SESSION CONTINUED
Page 13
MINUTES: Meeting for the Committee "Open Council"
> No. 24
Moved by Councillor Smith
Seconded by Councillor Lewis AND RESOLVED THAT Town Council move into Executive Closed
Session.
"Carried"
COMMITTEE OF THE WHOLE REPORT
ADJOURNMENT
Meeting adjourned at 12:15 a.m.
Approval Received: (1 of 1)
Lana Verstraeten/Tillsonburg (Tuesday August 13,
2002 04:46 PM)
/,W °
6
Town of Tillsonburg
Page 14