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090427 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council' Review Access: • Public O Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council' on Monday April 27, 2009 07:00 PM Council Chambers Chair: Stephen Molnar 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 Notice of Motion Resolutions By -Laws Items of Public Interest Closed Meeting Session continued Adjournment CALL TO ORDER CLOSED MEETING SESSION No. 1 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Closed Session. "Carried" MG Page 1 r 1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES QApril 14, 2009 DApril 20, 2009 No. 2 Moved by Councillor Rosehart Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes as prepared for the Council Meeting of April 14 and 20, 2009 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 April 27, 2009 be adopted. "Carried" PRESENTATIONS Volunteer Recognition Awards Presented By: Mayor Molnar Mayor Molnar presented Volunteer Recognition Awards to Marie Broad, Ruby Fleming and Indira Reynolds. PUBLIC MEETINGS 1. Committee of Adjustment Application A-02109 - Tillsonburg Bible Chapel () ad Report from County of Oxford Planning Department... A 02 09 Thurg Bible Chapel PACKAGE.pdf The Director of Corporate Services commented with respect to the attached application and County of Oxford Planning Report. The applicant was present and confirmed that he agrees with the conditions. No other persons appeared in support of, or opposition to, the application. The following resolution was passed. Page 2 MINUTES: Meeting for the Committee "Open Council" Resolution > No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg approve Committee of Adjustment Application A-02109 for the property municipally known as 63 Queen Street in the Town of Tillsonburg, as recommended in County of Oxford Planning Report 2009-103. "Carried" DELEGATIONS 2. Simcoe Street Construction Presented By: Dorothy Otto, Owner, Subway, 51 Simcoe Street, and Business Owners of Simcoe Street Email request, received from Dorothy Otto: On behalf of the business owners of Simcoe Street, l would like to request an opportunity for the owners to speak at the next council meeting, as a delegation, regarding the petition presented to council. The proposed construction and disruption to the businesses are of great concern as is the process that has taken place. Ms. Dorothy Otto, owner of Subway, 51 Simcoe Street, appeared before Council expressing her concerns regarding the Simcoe Street construction. She noted that there are a lot of things that our community will lose if some of the Simcoe Street businesses go under, as a result of another phase of construction. Ms. Otto pointed out that many of these businesses contribute to charitable groups and organizations, and these are all people of our community. Ms. Otto stated that the delegation is asking Council to support them and to give some extra time to recover from their loses. Ms. Otto noted that a petition had been filed... Simcce Street Petitionpcff (This petition also appears on this Agenda under Information Items - Item 11.) Mr. Jason Lessif, owner of McDonalds Restaurant, appeared before Council. Mr.Lessif thanked Council for the resolution previously passed, and noted his disappointment in that the County did not do anything with it. Mr. Lessif noted that he is concerned with what construction has done to his business. He added that his business is still down about 20 percent, and expects to see the same this year, if not worse. Mr. Lessif commented that the biggest concern with the whole project is now we're looking at 36 months of actual construction...during peak periods of their business. Mr. Lessif commented that perhaps some sort of tax relief could be considered. Mr. Shane Curtis appeared before Council on behalf of the Tillsonburg Chamber of Commerce. Mr. Curtis referenced the previous correspondence from Michael Bossy, asking for construction to be put off until 2010. Mr. Curtis noted that the subject portion of Town is as integral as the B.I.A. Mr. Curtis also suggested construction fines and /001� bonuses be incorporated into the tendering process, to encourage timely completion of the work. In conclusion, Mr. Curtis stated that he would like to see construction put off for at least a year, and also suggested relief with taxes. Mr. Terry Davis of Pearce Motors appeared before Council. Mr. Davis commented Page 3 MINUTES: Meeting for the Committee "Open Council" regarding the 20 percent of business lost, noting that it equates to about 100 percent of the profit. Mr. Davis continued, expressing his concern of the construction. He commented that they had originally been told the entire project would likely be completed in the first year, added that there is no guarantee when the construction will start again or finish. He also added that this construction will likely go only as far as the Sunoco station, which may lead to more construction in the future. Mr. Davis noted that, with his business, he doesn't have an alley or back roadway for access, and he also commented with respect to the distance of the detour, and the concern with emergency services. In conclusion, Mr. Davis noted his concern with the timeframe of the project. Mr. Doug Robertson, Subway, appeared before Council, expressing his concerns. Mr. Robertson provided the attached chronological sequence of events, including resolutions, minutes and a survey conducted in January... IdzliiiL Robertsan.pdf With respect to the survey, Mr. Robertson commented that not all businesses were contacted, and also commented regarding a meeting held April 2nd with County and Town representation and design engineers from Demeyeres, at which time questions were asked about the survey. Mr. Robertson requested that the survey be done again, suggesting that the numbers would come out different. Mr. Robertson noted that his biggest concern is that there were options. He also commented that businesses could be looking at layoffs, as they haven't recouped from the last phase of construction. Mr. Robertson stated that there must be some way of getting the message to the Warden to put the construction on hold, and is looking for any way that this Council can help. He added that, if there is any way the businesses can get help from Council, they would greatly appreciate it. Ms. Otto commented regarding her conversation with the Warden. Mayor Molnar indicated he would follow-up regarding that. Mr. Curtis commented regarding the resolution previously passed by Town Council, noting that it was not recorded in County Council Minutes that Tillsonburg opposed the construction. Opportunity was given for questions and comments. Deputy Mayor Renaud noted that Tillsonburg Council had sent a very strong message to the County that we did not want this construction to take place. He noted his disappointment as County Council did not reference the fact that Tillsonburg Council passed a resolution to delay the construction, and with respect to the survey, the numbers were not used for anything. Deputy Mayor Renaud noted that phases 1 and 2 have still not been completed, proper signage is not in place, there are drainage issues, and there does not appear to be a sense of urgency to finish phases 1 and 2. The Deputy Mayor asked if any one present in the delegation could provide further information. Mr. Curtis asked for comment regarding what had happened at County Council. Mayor Molnar responded, that he does believe the interests were represented, but also noted how material had appeared on last Wednesday's County Council agenda as a late arrival item, and his concerns with this. Deputy Mayor Renaud commented that anyone can attend County Council to represent themselves, by following protocol and requesting to appear as a delegation, and added that he would attend any meeting with the delegation to ensure the message is received. Page 4 610 MINUTES: Meeting for the Committee "Open Council" Mayor Molnar commented that this issue would be on the County Council Agenda May 13th. The following resolution passed. No. 5 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT this information presented by the Simcoe Street Businesses be received and further that these materials be forwarded to the County of Oxford Council. "Carried" QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER 3. Report CAO 312009 - Simooe Street Presented By: CAO VIA 1� Report.doc The CAO noted that there was one item in his report that he wanted to draw attention to, and that was regarding payment by the owner of the Norfolk Mall to up -grade the intersection of Mall Road and Simcoe Street, which is in Norwich Township, and that is to be finished this year. Further discussion was held. The following resolution was passed. Resolution > No. 6 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Report CAO 312009 regarding Simcoe Street be received. "Carried" Discussion continued and the CAO indicated he would be modifying his report. Discussion continued, and the following resolution was passed. No. 7 Moved by Deputy Mayor Renaud /Oft� Seconded by Councillor Lamb AND RESOLVED THAT the Council of the Town of Tillsonburg reaffirms is position to Oxford County Council, the Director of Public Works, and the Warden that the work scheduled for Phase 3 - Simcoe Street be deferred until 2010; Page 5 MINUTES: Meeting for the Committee "Open Council" AND FURTHER THAT the tender not be awarded in 2009; AND FURTHER THAT members of Town Council request delegation status to appear at the next open meeting of County Council. "Carried" Mayor Molnar moved to Agenda Item 10. 4. Report CAO 212009 - Build Canada 2 and Infrastructure Stimulus Fund Presented By: CAO The attached report was discussed. A more comprehensive report to come back to Council at the Special Meeting scheduled for April 28, 2009, focusing on: • Airport Project - scale down to include a runway extension, runway resurfacing, and an admin building; • Trail Development and Oil Well Project, including a new Parks Shop; and • Lisgar Avenue Reconstruction, including Fourth Street Councillor Beres also requested some numbers be put together for a facility that would have a number of ball diamonds, including a building that would house equipment, 14� change rooms and a concession. He is envisioning a brand new facility, possibly located at the former Highway 3 landfill site. Councillor Stephenson also requested numbers be put together to make the Special Events Centre an all -season building. The following resolution was passed. Resolution > No. 9 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the material in Report CAO 2/2009 be received; AND FURTHER THAT the material regarding the Build Canada 2 and Infrastructure Stimulus Fund be brought forward for consideration at the Special Council Meeting of April 28, 2009. "Carried" 5. Economic Development 2008 Annual Report Q Presented By: Development Commissioner � Resolution > No. 10 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the 2008 Annual Report for Economic Development be received. Page 6 MINUTES: Meeting for the Committee "Open Council' "Carried" 6. Glendale High School - Expansion/Retrofit Resolution > No. 11 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Town of Tillsonburg staff be directed to proceed with an application for RInC (Recreational Infrastructure Canada) for the Glendale High School Expansion/Retrofit, with the Town of Tillsonburg acting as Agent for the application. "Carried" OPERATIONS COMMUNITY SERVICES t4vft1 > CORPORATE SERVICES 7. BIA - MOU Presented By: Michael Graves MA MAP) LTJ LTJ U MOU BIA revised as of Meeting on Final .doc MOU BIA Appendix A FinalAs C 2009-014 BIA MOU.doc Resolution > No. 12 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Report C 2009-014 be received and the recommendations contained therein be adopted; AND FURTHER THAT a By-law to enter into a Memorandum of Agreement with the BIA be brought forward for Council consideration with the MOU as submitted with Report C 2009-014. "Carried" 8. CIP Application - 2 - 4 - 8 Harris Q Resolution > No. 13 Moved by Councillor Lewis Presented By: Michael Graves Page 7 MINUTES: Meeting for the Committee "Open Council" Seconded by Councillor Beres AND RESOLVED THAT site -plan application fees and building permit/development charges for the construction of 15 units at 2, 4 & 8 Harris Street NOT be waived as per the Community Improvement Plan By-law 3191 and that the property be approved for the assessment rebate program; AND FURTHER THAT a by-law for this program be brought forward for Council consideration. "Carried" 9. Sign Variance Request - 63 Queen Street Q Presented By: Michael Graves Resolution > No. 14 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the requested variance to the sign by-law as submitted by Tillsonburg Bible Chapel for a second sign at their location at 63 Queen Street, as requested in their letter of March 31, 2009, be deferred. "Carried" FINANCE 10. FI 2009-016 Grants D Presented By: Director of Finance Resolution > No. 8 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT Report FI 2009-016 - Grants, from the Director of Finance dated April 2, 2009, be received as information. "Carried. Discussion was held, and the Director of Finance will be asked to connect with applicants to obtain further information for the next Council Meeting, i.e. financial statements. Mayor Molnar moved back to Agenda Item 4. INFORMATION ITEMS /aft� 11. Simcoe Street Construction - Petition Page 8 MINUTES: Meeting for the Committee "Open Council" 12. County of Oxford RE: Public Health Investigating Pertussis Cases D NOTICE OF MOTION RESOLUTIONS BY-LAWS 13. By -Law 3363 - To Amend Zoning By-law 3295 (Huszti) (to be considered for third reading) Note: By -Law 3363 was given first and second readings March 23, 2009. ad By-law 3363. pdf Resolutions Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Number 3362 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3363 to amend Zoning By -Law 3295 (Huszb) 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" F, ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION CONTINUED ADJOURNMENT Meeting adjourned at 10:25 p.m. Page 9 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1 ) Lana Lund/Tillsonburg (Tuesday April 28, 2009 02:28 PM) Michael Graves/Tillsonburg (Tuesday April 28, 2009 04:15 PM) Town of Tiilsonburg Page 10