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040308 Regular Council Meeting Minutesr0' , MINUTES: Meeting for the Committee "Open Council" Review Access: • Public C Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday March 8, 2004 07:00 PM Council Chambers Chair: Deputy Mayor Smith 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 Presentations Public Meetings Delegations Quarterly Reports Chief Administrative Officer Operations Community Services Corporate Services Finance Information Items Resolutions By -Laws Items of Public Interest Closed Meeting Session continued Adjournment CALL TO ORDER > CLOSED MEETING SESSION > No. 1 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Page 1 �Aq MINUTES: Meeting for the Committee "Open Council" Session. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES > DFebruary 9, 2004 No. 2 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Council Minutes of February 9th, 2004 be adopted. "Carried" ADOPTION OF AGENDA > No. 3 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the Agenda as prepared for the Council Meeting of March 8th, 2004 be adopted. "Carried" PRESENTATIONS PUBLIC MEETINGS 1. North Park Area Municipal Drain Mr. Peter Penner, of Cyril J. Demeyere Ltd., appeared before Council and reviewed the attached report. Mr. Ray Ramsey, Drainage Superintendent, South-West Oxford, appeared before Council with concerns. In response to Mr. Ramsey's concerns, the CAO recommended a legal opinion, and stated that the Town would be willing to take a look at Mr. Ramsey's concerns. Mr. Wiebe, also representing Cyril J. Demeyere Ltd., responded that the work had been completed in good faith. Mr. Wiebe further noted that nothing had been built without the MOE being consulted. He responded, also to Mr. Ramsey's concerns, that the report had not been previously presented due to extenuating circumstances. The report that was presented in April 2003, in preliminary form, was presented in such a format to deal with such issues as Mr. Ramsey was now expressing. Mr. Wiebe noted that it was unfortunate that Mr. Ramsey's concerns had not been aired at that time. Page 2 MINUTES: Meeting for the Committee "Open Council" Mr. Paul Greb, of Dereham Forge Housing, appeared before Council expressing concerns as well. He suggested that contact be made with The Drainage Tribunal. Mary Ellen Greb, representing Dereham Forge Housing, appeared before Council questioning the financial information provided. She asked if interest had been accrued on any of the prepayments, so perhaps Dereham Forge would owe less. The CAO responded that the development agreement entered into at that time had no such provision. In order to incur interest, it would specifically have to incur that in the agreement. To date the municipality has not incurred any costs. Mr. Gord Start, Ministry of Transportation Ontario, appeared before Council. He indicated that he had no comments with respect to the report. He advised that he had sent a letter out this date. He referred to the assessment schedule, under road and rail authorities, and commented that we have connecting link Highway 19. He added that the connecting link is a Town of Tillsonburg road, and is not under the Ministry's jurisdiction. He concluded that the report, as presented, was flawed. Mr. Penner, responded to Mr. Start, and assured him that this would be corrected in the report. Mr. Ramsey further commented that he was expressing concerns of both South-West Oxford, and as himself as a landowner. He also noted a concern with the size of the drain. Mr. Greb further asked that the process, as being discussed at this meeting, be slowed down. Mr. Wiebe responded to the concerns of all, and stated that this is not the first municipal drain that they had worked on. They do not all run in straight lines, but rather go by flow of the land, and wherever possible are made straighter. The obligation is remains with the developer of the subdivision. Almost a year ago there was a meeting. The developers were satisfied with the design of the drain and their assessment. The pipes that terminate at the municipal boundary have been sized to carry the flow. Mr. Wiebe noted that they had been working in the best interest of both municipalities. It is very difficult, when there are several different developers, to have them all come eon line at the same time. He added that they would have preferred to have brought this report forward earlier, however there were some property owner issues. Mr. Wiebe stated that they would like to move ahead now, and get this job completed. Councillor Renaud questioned why this report had not been done years ago. Mr. Wiebe suggested this be answered 'in camera'. DIRECTION: Direction was given that additional information be obtained with respect to legal matters. Mr. Wiebe asked Mr. Ramsey to submit his concerns in writing. Mr. Ramsey responded that he would deliver his concerns in writing to both Cyril J. Demeyere Ltd. and the Corporate Office tomorrow. The following resolution was passed. No. 4 Moved by Councillor Lamb Page 3 MINUTES: Meeting for the Committee "Open Council" Seconded by Councillor Lewis AND RESOLVED THAT the revised report dated February 10, 2004 as prepared by Cyril J. Demeyere Ltd., with respect to the North Park Area Municipal Drain, be received. "Carried" DELEGATIONS 2. OP 11-89: Growth Management & Urban Settlement Policies D Presented By: Margaret Misek-Evans, Senior Policy Planner, County of Oxford Ms. Misek-Evans, appeared before Council and presented the County Report, as attached. Mr. Fred Zimmer was present and asked for clarification. Mr. Zimmer noted that reference had been made to his property on the west side of Tillsonburg. It was actually 54.27 acres, rather than 50, as indicated. Ms. Misek-Evans assured Mr. Zimmer that the intent was 54.27 acres. Ms. White appeared before Council and stated that she would like her property to remain designated as it currently is. A letter was filed with the Clerk. 14•N The following resolution was passed. No. 5 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Town of Tillsonburg adopt the Official Plan Amendments, as detailed in the County of Oxford Report 2004-59, with the exception of the one property at the corner of Broadway and North Street West, which the Town of Tillsonburg requests remain designated 'Service Commercial'. "Carried" 3. Mr. Alastair MacDonald RE: Tillsonburg District Memorial Hospital Correspondence submitted by Mr. MacDonald... MacDonald.pdf Mr. MacDonald appeared before Council asking for Council to pass a resolution supporting his concerns, in hopes that such action may facilitate a speedier response. Council suggested to Mr. MacDonald that he make a direct written request to the Hospital Board, asking to appear before the Board to discuss his concerns. 4. Ontario Flue -Cured Tobacco Growers' Marketing Board RE: Concerns Regarding Negotiations for the 2004 Croa Page 4 rla� MINUTES: Meeting for the Committee "Open Council" Representatives from the Ontario Flue -Cured Tobacco Growers' Marketing Board appeared before Council up -dated Council with respect to their concerns regarding negotiations for 2004. A rally is scheduled for March 16th in Guelph. The following resolution was passed. No. 6 Moved by Councillor Lewis Seconded by Councillor Lamb WHEREAS Federal and Provincial tobacco policies, and the market force changes brought about by those policies, have resulted in an unprecedented and unmanageable decline in the tobacco growing industry; and WHEREAS these policies and market force changes are responsible for destabilizing the tobacco growing industry and tobacco growing communities. THEREFORE BE IT RESOLVED THAT the Federal and Provincial Governments take responsible action, in an effort to sustain the tobacco growing industry as a viable economic entity, and support the comprehensive proposals as submitted by the Ontario Flue -Cured Tobacco Growers' Marketing Board. "Carried" QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER 5. Tillsonburg Lions Club RE: Victoria Day Weekend Fireworks Display - Request for Support D Tillsonburg Lions Club 52 Simcoe Street, Tillsonburg N4G 2H5 Mr. Mayor and Councilors February 23,2004 The Tillsonburg Lions are in the planning stages of hosting a BBQ and Fireworks display on Victoria Day Weekend at the Tillsonburg Soccer Park. We, as a Club wish to request the Town to Co -Sponsor this display with the Lions. Upon initial investigation into the costs, the displays that the Town of Tillsonburg have grown accustom to cost about $5000.00 inclusive. Would you give this some consideration and let me know at your earliest what your decision is. Thanks Greg D'Hulster Secretary Tillsonburg Lion 52 Simcoe St. Tillsonburg N4G 2H5 Page 5 • MINUTES: Meeting for the Committee "Open Council" The Lions Club wish to pick this up as a community event and hold it at the Soccer Club $5,000 is what was normally spent at the Canada Fire Works. • Following discussion, the following resolution was passed. • Clarification with respect to the request and event to be obtained by the CAO. Resolution > No. 7 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the request from the Tillsonburg Lions Club regarding support for a fireworks display on Victoria Weekend 2004 be approved; AND FURTHER THAT Council approve a contribution, of up to $5,000.00, towards the cost of the display. "Carried" OPERATIONS COMMUNITY SERVICES `aft\ CORPORATE SERVICES > 6. Certificate Fees Report D Presented By: Michael Graves, Director of Corporate Services Resolution > No. 8 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the Staff Report dated March 3, 2004 regarding Certificate Fees be received; AND FURTHER THAT the recommendations for fee adjustments therein be adopted in principle; AND FURTHER THAT a by-law detailing those fees be brought forward to Council for enactment. "Carried" FINANCE 7.2004 CRF Reporting Requirements D 0" Presented By: Director of Finance Page 6 A MINUTES: Meeting for the Committee "Open Council" Resolution > No. 9 Moved by Councillor Lamb Seconded by Councillor Lewis AND RESOLVED THAT WHEREAS, the Province of Ontario is providing the Town of Tillsonburg a Community Reinvestment Fund (CRF) allocation and; WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; AND WHEREAS the Ministers of Finance and Municipal Affairs & Housing have requested a resolution declaring the municipality's intent to use the CRF allocations they receive to the benefit of taxpayers; AND NOW, THEREFORE BE IT RESOLVED THAT the Council of the Town of Tillsonburg hereby accepts the terms and conditions of the 2004 CRF Allocation; AND FURTHER THAT Council declares that the use of the CRF Allocations will be for the benefit of taxpayers. "Carried" 8. Special Events Financing D Presented By: Director of Finance Resolution > No. 10 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the report of the Director of Finance, dated February 4, 2004 be received and the recommendations contained therein be adopted, with the terms of loan being 10 year, 15 year amortization, quarterly payments. "Carried" INFORMATION ITEMS 9. Megan MacDonald RE: Cross -Walk on Broadway Broadway Crosswalk.pc No. 11 Moved by Councillor Stephenson Page 7 MINUTES: Meeting for the Committee "Open Council" Seconded by Councillor Lewis AND RESOLVED THAT the correspondence from Ms. Megan MacDonald regarding concerns with a Broadway Crosswalk be referred to the Director of Operations for review and consideration. "Carried" RESOLUTIONS 10. Re -scheduling of Council Meetings (April and May 2004) Resolution > No. 12 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the regular Council Meeting scheduled for Monday, April 12, 2004 be re -scheduled for Tuesday, April 13, 2004, due to Easter Monday; and the regular Council Meeting scheduled for Monday, May 24, 2004 be re -scheduled for Tuesday, May 25, 2004, due to the Victoria Holiday; AND FURTHER THAT the regular Council Meetings scheduled for Monday, July 28, 2004 and Monday, August 25, 2004, be cancelled for the summer months. "Carried" 11. Appointment to the Tourism Advisory Board No. 13 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT Mr. John Lessif be appointed as the Economic Development Committee Representative on the Tourism Advisory Board. "Carried" BY-LAWS 12. By -Law 3081 - To designate Site Plan Control Area (Baldwin) (3rd Reading) -. TILL-spcb.pdf 13. By -Law 3090 - Boersma Subdivision Agreement - Phase 1 (3rd Reading) Presented By: Director of Corporate Services By -Law 3090 was given first and second reading January 26, 2004. The attached agreement has been revised, and By -Law 3090 is now being presented to Council for consideration and third reading. Page 8 14 i MINUTES: Meeting for the Committee "Open Council" 3090.doc Boersma Subdivision Agreement Phase 1. 14. By -Law 3091 - Boersma Subdivision Agreement - Phase 2 (3rd Reading) Presented By: Director of Corporate Services By -Law 3091 was given first and second reading January 26, 2004. The attached agreement has been revised, and By -Law 3091 is now being presented to Council for consideration and third reading. 3091.doc Boersma Subdivision Agreement Phase 2. 15. By -Law 3095 - To amend Zoning By -Law 1994, as amended (Yorkpark� (3rd Reading) obc 7-302_zba.pdf 16. By-law 3097 C) (to be considered for three readings) This by-law is intended for three readings. It is simply a minor revision of a previous by-law to allow for registration in the Land Registry System. 17. By-law 3098 D (to be considered for first and second reading) This by-law is being changed to allow for the adjustments to planning fees and certificate fees. It is intended to be brought forward for first and second reading on March 8, 2004. 18. By -Law 3099 - To amend Zoning By -Law 1994, as amended (Jacko) [j (to be considered for three readings) 19. By -Law 3100 to amend Zoning By -Law 1994, as amended (Brookside) D (to be considered for three readings) Page 9 MINUTES: Meeting for the Committee "Open Council" � obe 7-304_ZBA.pdf 20. By -Law 3101 to amend Zoning By -Law 1994, as amended (Brookside - Glendale Drivej (to be considered for three readings) j4&t.jb. 7-305_ZBA.pdf Resolutions > Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT By -Law 3097 to authorize the closing of part of unopened Pine Alley; and By -Law 3098 to adopt a Schedule of Fees for certain Municipal Applications, Services and Permits; and By -Law 3099 to amend Zoning By -Law 1994, as amended (Jacko); and By -Law 3100 to amend Zoning By -Law 1994, as amended (Brookside); and By -Law 3101 to amend Zoning By -Law 1994, as amended (Brookside - Glendale Drive) be introduced and read for 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 Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law Numbers 3097, 3098, 3099, 3100 and 3101. "Carried" Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Committee do now rise and report on By -Law Numbers 3081, 3090, 3091, 3095, 3097, 3099, 3100, 3101 as passed in Committee without amendment. "Carried" Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT By -Law Number 3081 to designate Site Plan Control Area (Baldwin); and By -Law 3090 to authorize the Boersma Subdivision Agreement - Phase 1; and By -Law 3091 to authorize the Boersma Subdivision Agreement - Phase 2; and By -Law 3095 to amend Zoning by -Law 1994, as amended (Yorkpark); and By -Law 3097 to authorize the closing of part of unopened Pine Alley; and By -Law 3099 to amend Zoning By -Law 1994, as amended (Jacko); and By -Law 3100 to amend Zoning By -Law 1994, as amended (Brookside); and By -Law 3101 to amend Zoning By -Law 1994, as amended (Brookside - Glendale Drive) 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" Page 10 MINUTES: Meeting for the Committee °Open Council' ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION CONTINUED > No. 14 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" ADJOURNMENT Approval Received: (1 of 1) Lana Lund/Tillsonburg (Tuesday March 09, 2004 03:17 PM) Town of Tiilsonburg Page 11