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040809 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" Review Access: • Public O Private 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 MINUTES: Meeting for the Committee "Open Council" /00*N Session. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES > D July 12, 2004 No. 2 Moved by Councillor Patenaude Seconded by Councillor Lamb AND RESOLVED THAT the Council Minutes of July 12, 2004 be adopted. "Carried" ADOPTION OF AGENDA > No. 3 Moved by Councillor Patenaude Seconded by Councillor Lamb AND RESOLVED THAT the Agenda as prepared for the Council Meeting of August 9, 2004 be adopted. "Carried" PRESENTATIONS > 1. Senior of the Year Award - 2004 - Shirley Elbourne Mayor Molnar presented the Senior of the Year Award to Mrs. Elbourne. PUBLIC MEETINGS > 2. Minor Variance - A13-03 Oxford County Housing Presented by: James Hill, County of Oxford A13 -03 -TIL rev.pol Notice - 57 Rolph.pdi Mr. James Hill, Corporate Manager, Community and Strategic Planning, County of Oxford, presented the attached report. The applicant was present. e*� No 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" No.4 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A13-03 for property located at 57 Rolph Street, Tillsonburg. "Carried" 3. Minor Variance - A17-04 Henry Dalm Construction -115 Glendale Drive Presented by: James Hill, County of Oxford M1 -ft A17-04-TIL.pdf Notice A17-04.pdf Mr. James Hill, Corporate Manager, Community and Strategic Planning, County of Oxford, presented the attached report. The applicant was present. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. ell� No.5 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-17104 for a property located at Pt. Block 127, 41 M-147 and Part 3, 41 R-7412 on the condition that: 1) A building permit be issued within one year of the date of the Committee's decision. 2) That the applicant submit a revised survey plan to the satisfaction of the Town's Chief Building Official. "Carried" 4. Vaction Holdings Subdivision Report Presented by: James Hill, County of Oxford 32T-99004, OP 11-31 & 7-271-till.1 Mr. James Hill, Corporate Manager, Community and Strategic Planning, County of Oxford, presented the attached report. Mr. Bob Morrison, of Southside Group, was present representing Vaction Holdings Limited. The Director of Operations commented with respect to the road allowance. The recommendation of the Town's Engineering Department is to uphold 20 metres, rather than 15 metres. 20 metres is the standard, and 15 metres is not adequate. 20 metres also provides adequate width for snow removal and emergency services. Page 3 MINUTES: Meeting for the Committee "Open Council" Deputy Mayor Smith concurred with the recommendation that the road allowance remain at 20 metres for snow removal and fire services. Mr. Carl Marshall, was present. He noted that only 3 or 4 adjacent property owners actually received Notice of the application. Mr. Marshall noted that he was against the smaller lots, resulting in an increased number of homes on the property. He added, that if the application does get approved, he would like a high fence installed, and would also like to be given an opportunity to hook up to the resulting sewer system through his back yard. It was noted that the application is for 43 homes, rather than 60. Mr. Morrison noted that the intention would be to move ahead immediately with this development, has lots have been sized to meet the current market demands, and there has already been interest shown. With respect to a question regarding water allocation, and resulting concerns, Mr. Hill suggested that draft plan approval be given, but a'holding' be put on the property until there is adequate water supply. Development would not be permitted to proceed before and condition is met. Another concern was expressed with respect to the water retention pond being placed on another property. Mr. Hill responded that in most cased the pond is, in fact, placed on the property being developed, rather than an abutting property. The plan has been reviewed by the Development Coordinating Committee. Placement of the pond is a 110 1 condition of draft approval, and if the Church decided to change its mind, and not allow the pond to be located on its property, the deal would fall through. Mr. Hill added that, if it does not work out, it would not get registered. That is a fall -back that both the Town and County have. With respect to the circulation of Notices, Mr. Hill noted that he would ensure that the appropriate Notices are circulated, prior to the meeting of September 8th. The following resolution was passed: Resolution: No. 6 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the Council of the Town of Tillsonburg approve'in principle'the zone change application submitted by Vaction Holdings Limited, whereby lands consisting of Part of Block A, Registered Plan 518, in the Town of Tillsonburg, are rezoned from Special 'Development (D-1)' to Special `Residential Second Density (R2 -Special)', as they apply to the draft plan of subdivision 32T-99004; AND FURTHER THAT the Council of the Town of Tillsonburg recommend to the Oxford County Council that it approve draft plan of subdivision, File No. 32T-99004, submitted by Vaction Holdings Limited, prepared by Kim Husted Surveying Ltd., dated May 6th, 2004, comprising Part of Block A, Registered Plan 518, in the Town of Tillsonburg, subject to the conditions included in eft► the planning report for August 9, 2004 for 32T-99004, OP 11-31 & 7 -271 -till. "Carried" Page 4 MINUTES: Meeting for the Committee "Open Council" DELEGATIONS > 5. Millard, Rouse and Rosebrugh, Regarding Item 14. 2003 consolidated financial statements.I 2003 BIA financial statements.p 2003 public library financial statements. 2003 water financial statements.p 2003 sewer financial statements.p Mr. Doug Slade, of Millard, Rouse and Rosebrugh presented the Audited Financial Statements. The following resolution was passed. No. 7 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT Audited Financial Statements as presented by Millard, Rouse and Rosebrugh, dated April 30, 2004, be approved. "Carried" 6. Sergio Lappano, We. MD FCFP. Regarding the Health Effects of Pesticides Dr. Lappano, appeared before Council, and offered his comments, as attached, regarding the health effects of pesticides. E. Dr Lappano.pdf Dr. Lappano was asked to define 'non-essential' use of pesticides. Dr. Lappano responded that, in his opinion, about the only instance where pesticide use would be considered 'essential' would be in a situation where there were bees present ... and someone with an allergy to bees (ie a school playground). Mr. Don Sifton was present and responded to comments of Dr. Lappano regarding 2,4-D and its present availability and use. Ms. Fisher also was present and commented. A resolution was passed. Please refer to Item 12, below. CHIEF ADMINISTRATIVE OFFICER > 7. North Park Drain North Park Storm Drainage Report.doc Development Charges Act.pc North Park Drain Letter.pc Page 5 MINUTES: Meeting for the Committee "Open Council" North Park Drain Dwg.pd No. 12 Moved by Councillor Patenaude Seconded by Deputy Mayor Smith AND RESOLVED THAT Council receive the staff report regarding the North Park Storm Water Management Project, as prepared by the C.A.O.; THAT the attached By -Law authorizing the construction of certain storm water management works be enacted; AND FURTHER THAT Council declare its intention to recover the costs related to this project pursuant to the Development Charges Act. "Carried" OPERATIONS 8. Tender Results for Tender T2004-006 Addition to Public Works Building D Presented By: Director of Operations Resolution ro''1 > No. 13 Moved by Councillor Lewis Seconded by Councillor Stephen AND RESOLVED THAT the Staff Report from the Director of Operations dated July 21, 2004 be received "Carried" No. 14 Moved by Councillor Lewis Seconded by Councillor Patenaude AND RESOLVED THAT Tender T2004 - 006 - Addition to Public Works Building be awarded to Reid and Deleye Contractors Ltd. at a cost of $781,100. "Deferred" Staff were directed to provide additional information: • a detailed breakdown of this project, as relates to the $400,000, as originally budgeted. • support for the significant increase in the price of steel • a summary of financial information pertaining to the level of long-term financing • support regarding opportunities resulting from pit, etc. (Are there other test pit facilities within the County of Oxford? ... Can the Town be networking with some investment opportunities?) • $120,000 marginal allocation to accommodate the aerial truck - substantially more in terms of long-term growth ... Are there other opportunities/demands? • substantiated report regarding effect to Parks operations. 9. Tender Results for Tender T2004 - 001 Downtown Broadway Pavement Rehabilitation D Presented By: Director of Operations Page 6 MINUTES: Meeting for the Committee "Open Council" 100 1 Resolution >No. 15 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the Staff Report from the Director of Operations dated July 21,2004 be received; AND FURTHER THAT Tender T2004 - 001- Downtown Broadway Pavement Rehabilitation - be awarded to Cayuga Construction and Materials of Cayuga, Ontario at a cost of $873,797.74 subject to MTO and BIA approval, as the amount pertains to their portion. "Carried" COMMUNITY SERVICES 10. Recreation Advisory Committee Meeting Minutes July 27.2004 - Information Item No. 11 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the Recreation Advisory Committee Minutes of July 27, 2004 be received as information. "Carried" M 11. Customer Service Centre Renovations Report Presented by: Kelly Batt, Manager, Parks & Facilities Manager Customer Service Centre Renovations.( office-layout.pdf No. 10 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Council approve the scope of work, as detailed in the Customer Service Centre Renovations Report, and authorize staff to award the work to the contractors, with work commencing after August 18, 2004. "Carried" CORPORATE SERVICES > 12. Integrated Pest Management Director of Corporate Services em**) Presented by: Page 7 MINUTES: Meeting for the Committee "Open Council" IPM - REPORT.doc TILLSONBURG INTEGRATED PEST MANAGEMENT PROGRAM �� rt pesticides_reducing.pd No. 9 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT the Staff report dated July 28, 2004 regarding the Integrated Pest Management Program be received; AND FURTHER THAT an ad-hoc committee be struck to finalize the details of the Integrated Pest Management Program. "Carried" 13. Facade Improvement Loan Application - Wendy & William Young 103 Bidwell Presented by: -ector of Corporate Services eow1 YoungFacadelmprovementREPORT.d William Facade Application.pi Mr. Young was present. The following resolution was passed. No. 8 Moved by Councillor Patenaude Seconded by Councillor Lamb AND RESOLVED THAT Staff Report dated August 5th, 2004 regarding the Fagade Improvement Loan Application received from William & Wendy Young, be hereby approved for a total principal sum of up to $4,398 at prime rate of interest to be repaid annually over ten (10) year for the property at 103 Bidwell; AND THAT a By -Law to authorize the Mayor and Clerk to execute a fagade improvement loan agreement between the Corporation of the Town of Tillsonburg and applicants, be presented to Council for enactment at such time as the final cost estimates are finalized and accepted by the Owner and recommended to Council. "Carried" No. 16 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT in accordance with the Town of Tillsonburg eo"� Procedural By -Law 2978, the curfew of 10:30 be extended for the Council Meeting of August 9th, 2004. "Carried" Page 8 MINUTES: Meeting for the Committee "Open Council" FINANCE > 14. Asset Management Report Director of Finance asset management report 072104.d Asset Manager Pricing.do Presented by: No. 17 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the report of the Asset Management Committee dated July 21, 2004 be received; AND THAT a date be set for a presentation from Chatham -Kent later in August; AND FURTHER THAT Council direction is given to enter into a software licensing agreement with WorkTech to acquire the asset management and equipment maintenance modules. "Carried" 15. Auditor Letter la. _ , Rouse & Rosebrugh 2003 auditor engagement matters.r Presented by: No. 18 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the Letter from Millard Rouse & Rosebrugh dated July 22, 2004 be received as information. "Carried" 16. Development Charges Report Presented by: -ector of Finance DC report 072604.doc DC public comment 071204.p No. 19 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the report from the Director of ia,Didated July 26, 2004 be received; Page 9 MINUTES: Meeting for the Committee "Open Council" eob\ AND THAT direction be given to incorporate, if applicable, into the proposed Development Charge by-law any lowering of charges, phasing, implementation delay, non-residential charge exemption or any other changes; �1 AND FURTHER THAT the Development Charge by-law be brought back for first and second reading at the next Council meeting. "Carried" INFORMATION ITEMS > 17. Tourism Advisory Committee Minutes - July 7. 2004 Tourism Minutes - July 7-2004.d 18. City of Cornwall Re: Ontarlans with Disabilities Act Special Funding comwall.pdf 19. Heritage Community Recognition Program 2004 Heritage Community Recognition Program STAFF DIRECTION: This information to be forwarded to the Special Awards Committee and Tourism Advisory Board for comment. RESOLUTIONS > No. 20 Moved by Councillor Patenaude Seconded by Councillor Lamb AND RESOLVED THAT Town of Tillsonburg support the City of Peterborough by donating $1,000 to help provide relief from their disaster. "Carried" No. 21 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Town of Tillsonburg support the City of London :heir continued bid for the Shriners Hospital. ?0" 1 "Carried" Page 10 =viously. MINUTES: Meeting for the Committee "Open Council" BY-LAWS 20. By-law 3111 - To Enter into a Lease Agreement with Hollister Motors By-law 3111 is being considered for Third Reading. First and Second Reading was given bylaw3111 KIAlease.doc Hollister lease.doc 21. By -Law 3118 - To Amend Zoning By -Law 1994, as amended (Yorkpark Holdings) By -Law 3118 is being considered for Third Reading. First and Second Reading was given July 12, 2004. Bylaw 3118.pdf 22. By-law 3119 - To Enter into an agreement with Aimpowergen Corporation bylaw3119Aimpowergen.do DOCSOTT4329861-v5A-DOCSTOR-#526911-v8-Transmission_Conidor-_Option_Agreement For first and second reading 23. By-law 3120 - To Enter into an Aareement with Darrvl Sittler Skate Centres Bylaw3120Darryl Sittler Skate Centres.c Darryl Sittler Skate Centres.dc Darryl Sittler RFP.m Pro Shop Pic.pdf For three readings 24. By-law 3121 - To Provide for a Personnel Policy 21 El 3121 - 2004 personnel policy bylaw.d Final Version Personnel Policy 072904.( For first and second readings. 25. By-law 3122 - To Provide for a ConnectingLink Agreement Page 11 MINUTES: Meeting for the Committee "Open Council' Schedule A.Connecting Link Construction Bylawfina Schedule B.Conn inq Link Construction Final. El Schedule C.Connecting Link Construction Cost Sharing Fin ContApprBroadwayCayl .dc For three readings. 26. North Park Drainage Boaw ImMa rA ••'' "" .Wt 3123 - North Park Drainage.dc North Park Drain Dwg.pd North Park Drain Letter.pc Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3119 to enter into an agreement with AirPowergen Corporation; By -Law 3120 to enter into an agreement with Darryl Sittler Skate Centres By -Law 3121 to provide for a Personnel Policy By -Law 3122 to provide for a Connecting Link Agreement; and By -Law 3123 to authorize the construction of the North Park Storm Water Drainage System 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" 110� Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law Numbers 3119, 3120, 3121, 3122 and 3123. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Numbers 3111, 3118, 3120, 3122, and 3123 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3111 to enter into a Lease Agreement with Hollister Motors; By -Law 3118 to amend Zoning By -Law 1994, as amended (Yorkpark Holdings); By -Law 3120 to enter into an Agreement with Darryl Sittler Skate Centres; By -Law 3122 to provide for a Connecting Link Agreement; and By -Law 3123 to authorize the construction of the North Park Storm Water Drainage System 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 eollb1 CLOSED MEETING SESSION CONTINUED Page 12 MINUTES: Meeting for the Committee "Open Council" � No. 22 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" Council moved back into Executive Closed Session at 11:35 p.m. and adjourned at 1:10 a.m. ADJOURNMENT > Council adjourned at 1:10 a.m. Approval Received: (1 of 1) Lana Lund/Tillsonburg (Friday August 13, 2004 10:59 AM) Town of Tillsonburg Page 13