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071126 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council' (011� Review Access: • Public C Private CLOSED MEETING SESSION No. 1 Moved by Councillor Lamb Seconded by Councillor Lewis AND RESOLVED THAT Town Council move into Closed Session. "Carried" Page 1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF None MINUTES & BUSINESS ARISING OUT OF THE MINUTES DOctober 29, 2007 November 7, 2007 DNovember 12, 2007 No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Minutes as prepared for the Council Meetings of October 29, November 7 and November 12, 2007 be adopted. Carried ADOPTION OF AGENDA No. 3 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Agenda as prepared for the Council Meeting of November 26, 2007 be adopted. rool� "Carried" > PRESENTATIONS PUBLIC MEETINGS 1. Committee of Adjustment Application A-15107 -1300908 Ontario Inc Presented By: Mr. Harry Shnider, Planner, County of Oxford Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed application and County of Oxford Planning Report. It was noted that the agent, Mr. David Leigh, was present. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Committee of Adjustment Page 2 MINUTES: Meeting for the Committee "Open Council" Application A-15107, 11 Fairway Hills Boulevard, be approved, subject to the following conditions: 1) The applicant shall comply with the approved lot grading plan for the subject property; 2) A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. "Carried" 2. Applications for Draft Approval of Plan of Subdivision and Zone Change Presented By: Mr. Harry Shnider, Planner, County of Oxford 1, E �A� 32T -06003t zon 7-321.pdf Mr. Harry Shnider appeared before Council and reviewed the attached report. The applicant, Warren Eberschlag, as well as Mr. John D. Vallee, P.Eng. and Mr. Michael J. Higgens of Vallee Consulting, Engineers, Architects and Planners, were present. Mr. Vallee noted that his client had submitted an application two years ago and since then a number of studies of been done, they've been working with Planning staff and have made appropriate changes. The storm management plan has been changed, parks have been moved around, and a commercial site has been deleted. As a result of this work, they came before Council this date, looking for some form of approval in principle from Town Council. They asked for evidence that the Town wants this development, so that - the developer can continue to move forward. They asked that Council approve the zoning of the site, with holding conditions directly related to water issue. Similarly, they asked that the draft plan also be approved, with conditions specifically related to the water capacity being available for the development. They also suggested the immediate consideration of a modest allocation, of somewhere around 25 units. Discussion was held and opportunity given for public comment and questions. It was noted that Mr. Peter Bryan -Pulham had filed the attached comments with respect to the subject application... i Bryan-Pulham.pdf Mr. Rob Szwedo, 68 North Street West, appeared before Council and noted his concerns. He stated that he doesn't like the idea of cluster houses, and would rather see the park come up around his home, and relocate the cluster houses to where the park is shown. He also noted traffic concerns, and asked if there would be any up -grades to the road to handle more sewers. He also asked if this would increase his taxes. Mr. Steve Jaumol, 112 North Street West, appeared before Council and noted his concerns. He asked if the corner of Woodland Crescent and North Street West had been looked at, and commented that it is difficult to see traffic travelling from the west. He also asked what the values and sizes of the houses would be across from his property. He asked why an apartment building would be erected. In conclusion, Mr. Jaumol noted that �1 the corner of Woodland and North Street is a big concern with him, especially with increased traffic. Page 3 MINUTES: Meeting for the Committee "Open Council" ?0%,N The applicant was asked to respond regarding the types of homes in that part of the development, and stated that they will be generally larger size, single-family homes. With respect to increased traffic, the applicant noted that they had hired a traffic engineer to do a study, and it had also gone to the Town's Engineering department, and nothing major had been flagged. ,^� Councillor Lamb asked when the studies had been done, time of year and time of day. The applicant responded that they could provide those answers to Council. Further discussion was held. With respect to the storm water management plan, Councillor Beres asked if there had been any consideration of a design for drainage into the Soccer Park for irrigation purposes. Mr. Valley responded that he would be interested in talking about that. Councillor Beres also commented with respect to the naming of streets, as he wouldn't want names to be similar to existing street names, as that can become very confusing for emergency services and others. Mr. Henry Klassen, 93 North Street West, appeared before Council asking what would happen surrounding his property, as all of the proposed properties would front inward and his property would face the other side. Mr. Vallee responded by saying that is an interesting situation, but they have faced the same challenge elsewhere. The intention is to not create a lot of driveway access on North Street, in order to minimize traffic impact. Fencing around Mr. Klassen's property could be entertained. Discussion continued and the property owner addressed Council. He noted that his company had come to Tillsonburg about 3 years ago looking for opportunities, wanting to build a community. He commented that they have done everything to deal with requirements, and six months ago came back to find out what more needed to be done to accommodate any concerns. He understood it would be a quicker process than what it has been, and is hoping to move forward a this point. Discussion continued. No other persons appeared in support of, or opposition to, the subjection application The following resolutions were passed. Resolutions No. 5 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg request the County of Oxford to immediately consider a water allocation protocol, as current investment, such as Subdivision Application 32T-06003 in the Town of Tillsonburg, is being delayed due to the lack of a protocol; AND FURTHER THAT the allocation of 30 units in this Subdivision be considered immediately. "Carried" Page 4 eoftN MINUTES: Meeting for the Committee "Open Council" No. 6 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg approve in principle Zoning Application ZON 7-321; AND FURTHER THAT the Zoning By -Law be brought back after the Plan of Subdivision is approved. "Carried" DELEGATIONS 3. Reports RE: Changes Enacted by Bill 51 Presented By: Mr. Harry Shnider, Planner, County of Oxford Resolution > No. 7 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of Tillsonburg receive County of Oxford Reports 2007-341, 2007-349 and 2007-350 as information. "Carried" QUARTERLY REPORTS 4. FI 2007-029 Corporate Service and Finance 2007 Third Quarter Report D Presented By: Director of Corporate Service and Finance Resolution > No. 8 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Report FI 2007-029 - Corporate Services and Finance 2007 Third Quarter Report be received as information. "Carried" 5. Fire Services and Emergency Management - Third Quarter Report D Presented By: Fire Chief Bob Parsons Resolution > No. 9 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Fire $ Rescue Services 2007 Third Quarter Report be received as information. "Carried" Page 5 MINUTES: Meeting for the Committee "Open Council" CHIEF ADMINISTRATIVE OFFICER OPERATIONS COMMUNITY SERVICES 6. Customer Service Centre H V A C Replacement Presented By: Director of Community Services IRERd- Request for Tender Ad November 2007.doc Customer Service H.V.A.C. Tender Results.pdf HVAC CSC Council Report.doc Resolution > No. 10 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Director of Community Services concurs with this report; AND RESOLVED THAT Council authorize the Parks and Facilities Manager to award the project to TEAR Systems to purchase the units now at a cost of $28,750 and proceed with the other work as outlined in the report. A"1 "Carried" 7. Public Works Drainage Tender Results D Presented By: Director of Community Services Resolution > No. 11 Moved by Councillor Lamb Seconded by Councillor Beres AND RESOLVED THAT Council authorize the Parks and Facilities Manager to award the Public Works Drainage project to Farmington Mechanical for a total of $56,363.00 plus G.S.T. "Carried" CORPORATE SERVICES 8. Pesticide Report C 2007-042 Pesticide Public Meeting.doc Pesticides Comments.pdf Resolution Presented By: Michael Graves Page 6 MINUTES: Meeting for the Committee "Open Council" > No. 12 Moved by Councillor Lamb Seconded by Councillor Beres AND RESOLVED THAT Report C 2007-042, Pesticide Public Meeting Up -Date, be received. "Carried" 9. Executive Summary to By -Law 3292 - Victoria Wood Subdivision Presented By: Michael Graves C 2007-044 Executive Summary to By-law 3292.doc Resolution > No. 13 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT By -Law 3292 be brought forward for Council's Consideration. "Carried" 10. Executive Summary to Amending Traffic By -Law - Lisgar Avenue and Bridge Street Presented By: Michael Graves Executive Summary to amending Traffic By-lawDl.doc OPP Stop signs 2MEJ a Lisgar and Bridge.pdf Resolution > No. 14 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Council reconsider the resolution to remove stop signs on Lisgar Avenue and Bridge Street; AND FURTHER THAT stop signs on Lisgar Avenue and Bridge Street (North Intersection) remain in place. "Carried" FINANCE 11- FI 2007-031 Insurance Renewal Presented By: Director of Finance Resolution > No. 15 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Report FI 2007-031, Insurance Renewal Report from the Director of Finance, be received as information; Page 7 MINUTES: Meeting for the Committee "Open Council" AND FURTHER that the insurance with the Frank Cowan Company be renewed at an annual premium of $279,963. "Carried" 12. FI 2007-032 Revised Schedule A D Presented By: Director of Finance Resolution > No. 16 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Report FI 2007-032, Revised Schedule A dated November 20, 2007 from the Director of Finance, be received; AND FURTHER that Schedule A as presented be adopted effective January 1, 2008. "Carried" 13. Municipal Act Section 357 and 358 Tax Adjustments [ Presented By: Director of Finance Resolution > No. 17 Moved by Councillor Lamb Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated November 01, 2007, regarding tax adjustments under Sections 357 and 358 of the Municipal Act, be received; AND THAT, in accordance with Section 357 and 358 of the Municipal Act, Council hereby approves tax adjustments in the amounts of $7,234.32 and $3,433.72 respectively, as detailed in the report of the Revenue Manager dated November 01, 2007, and the amounts attributable to the requisitioning bodies be recovered based on their respective levy portions. "Carried" 14. Results of Reguest for Proposals for External Auditing Presented By: Director of Finance Resolution > No. 18 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT report FI -033 Request for Audit Proposals dated November 21, 2007 from the Director of Finance be received. AND FURTHER that the audit firm of Scrim Company Scrimgeour and ' 9 p y be appointed for the Page 8 MINUTES: Meeting for the Committee "Open Council" fiscal years 2007, 2008 and 2009. "Carried" INFORMATION ITEMS NOTICE OF MOTION RESOLUTIONS No. 19 Moved by Councillor Stephenson Seconded by Councillor Rosehart 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 November 26, 2007. "Carried" BY-LAWS 15. By -Law 3289- To Amend Zoning By -Law 1994 as amended (Trillium) D (first and second readings) 16. B -Law 3290 - To ADpoint Members to Boards and Commissions (jillsonbuEg Hydro Board (three readings) R By-law 3290 -Appointments to Boards and Commissions 2007.doc 17. By -Law 3292 - To Authorize a Subdivision Agreement - Victoria Wood (Tillsonburg) GP Inc (first and second reading) !0_1 I l bylaw3292 Victoria Wood Subdivision. doc Final Sub Agree Vic Wood. pdf 18. By -Law 3293- 3 -way Stop - Bridge and Lisgar D(first and second reading) Page 9