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981214 Regular Council Meeting MinutesDECEMBER 14t",1998 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, December 14`x', 1998 at 9:00 A.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton (8:20 A.M.), Councillors: D. Beres, B. Carroll, S. Lamb, G. Leachman, S. Molnar, C. Rosehart and R. Smith ORDER OF BUSINESS: A. Adoption of Minutes No. 1 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council under date of November 23rd, 1998 be adopted as printed and circulated. "Carried" B. Adoption of Agenda No. 2 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Agenda as prepared for Council meeting of December 14th, 1.998 be adopted. "Carred" C. Declarations — Municipal Conflict of Interest Act Mayor C. McKnight declared a pecuniary interest with respect to vendors A125 and S565, as contained in the Accounts Payable for November 1998. 2. Councillor B. Smith declared a pecuniary interest with respect to the Town's 1999 General Insurance program and the Tillsonburg Fire Fighters Association contract negotiations with the Town of Tillsonburg. D. Appointments/Delmations None E. Public Hearings Extension of Draft Approval and Water Allocation Mike Barrett, Planner, County of Oxford, presented Report #98-202 from the County of Oxford. No. 3 Moved by Councillor Carroll Seconded by Councillor Lamb AND RESOLVED THAT the Council of the Town of Tillsonburg extend the Water Allocations from December 30, 1998 to December 31St, 1999 for the following development proposals: (i) Station View Developments (OP 10-200) 30 apartment units (ii) County Contracting of Wheatley Inc. (32T-89012) 55 low density residential units (iii) Armoni Developments Corp. (OP 10-200) 22 low density residential units AND FURTHER THAT the Council of the Town of Tillsonburg request Oxford County Council extend the draft approval of Subdivision Plan 32T-89012, County Contracting of Wheatley Inc., for 55 low density residential units on the south side of North Street, east of Tillson Avenue for one year to December 31 St, 1999. "Carried" No. 4 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT Town Council approve the revised Draft Plan for Subdivision 32T-89012 owned by County Contracting of Wheatley to 55 low density residential lots; AND FURTHER THAT Block 56 of Draft Plan 32T-89012 be shown as a storm water management pond. "Carried" 2. Official Plan Amendment — Town of Tillsonburg Mike Barrett, Planner, County of Oxford, presented Report #98-201 from the County of Oxford. No. 5 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that it approve the application to remove the reference to an "eating establishment" in the Special "Entrepreneurial District" policies presently existing on Lots 901, 9021 944, and Part Lot 945, Plan 500, in the Town of Tillsonburg. "Carried" F. Committee of Ad i ustment 1. A-15/98 — Martin Theissler Mike Barrett, Planner, County of Oxford, presented to the Committee of Adjustment, a memorandum dated December 11 `h, 1998 from the County of Oxford. Mr. Martin Theissler and Mr. Darwin Kent were in attendance in support of the applied for Minor Variance. There were no other persons interested in the application in front of the Committee of Adjustment. No. 6 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT Committee of Adjustment Application A-15/98 for 21 Lindsay Street, be approved, subject to the following condition: i) That the application be amended to include a request for variances from Section 7.2.1.1.7, Rear Yard and Section 5.25.3, Encroachments into Required Yards, to recognize the location of the addition and covered patio. "Carried" G. Reports 1. Corporate Services Committee Minutes of December 0', 1998 2. Public Service Committee Minutes of December 3rd and 7`h, 1998 3. Fire Committee Minutes of December 7`h, 1998 `m% 4. Development/Culture Committee Minutes of December 8`h, 1998 H. Communications 1. Petition RE: 17 Potters Road — Complaints of Noise, Mischief, Dog at Large, and Property Standards 2. Allen Street (North) Residents RE: Development of Property — Tim Hortons I. Information 1. Tender Results — Recylcing Handling, Collection and Delivery 2. Education Improvement Commission — Report on the Role of School Councils 3. Tillsonburg B.I.A. RE: Contribution Towards Expenses — Norfolk Mall 4. Minister of the Environment RE: Low Sulphur Gasoline in Canada 5. Long Point Region Conservation Authority Minutes of November 4`h, 1998 6. Ministry of Solicitor General and Correctional Services RE: Allocation of Police Officers under the Community Policing Partnership 7. Association of Municipalities of Ontario RE: Bill 79 — The Fairness for Property Taxpayers Act, 1998 8. Association of Municipalities of Ontario RE: The Energy Competition Act, 1998 9. Ministry of Labour RE: Province to Protect Volunteer Firefighters and Ambulance Workers 10. Ministry of Finance RE: Proposed Legislation to Extend Deadline for Landlords with Gross Leases to Notify Tenants of their Intent to Pass Through Property Taxes and BIA Charges J. Resolutions No. 6 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT Committee of Adjustment Application A-15/98 for 21 Lindsay Street, be approved, subject to the following condition: i) That the application be amended to include a request for variances from Section 7.2.1.1.7, Rear Yard and Section 5.25.3, Encroachments into Required Yards, to recognize the location of the addition and covered patio. No. 7 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Corporate Services Committee Minutes of December 9`h, 1998 be received and recommendations contained therein be adopted. "Carried" No. 8 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Public Services Committee Minutes of December 3rd and 7'', 1998 be received and recommendations contained therein be adopted. "Carried" No. 9 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT Item F.2, Part 2, of the Minutes of Public Services Committee of December 3rd, 1998 be divided and voted on separately. "Carried" No. 10 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Item F.2, Part 2, of the Minutes of Public Services Committee of December 3rd, 1998 be referred back to Public Services Committee for further information. No. 11 Moved by Councillor Lamb Seconded by Councillor Molnar AND RESOLVED THAT Item CA — Transit of the Minutes of the Public Services Committee of December 7". 1998 be divided and voted on separately. "Carried" Recorded Vote Yea Nay Beres, D. x Carroll, B. x Horton, I. x Lamb, S. x Leachman, G. x McKnight, C. x Molnar, S. x Rosehart, C. x Smith, R. x No. 12 Moved by Councillor Leachman Seconded by Councillor Molnar AND RESOLVED THAT Town Council authorize the Public Services Committee and the Transit Advisory Committee to commence the preparation of a five year business plan for the operation of the transit system for the Town of Tillsonburg, subject to the Town of Tillsonburg and TDACL coming to terms and per `Letter of Understanding'. "Carried" No. 13 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the Fire Committee Minutes of December 70', 1998 be received and recommendations contained therein be adopted. "Carried" No. 14 Moved by Councillor Carroll Seconded by Councillor Molnar AND RESOLVED THAT the Development/Culture Committee Minutes of December 8`h, 1998 be received and recommendations contained therein be adopted. "Carried" No. 15 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT the Council of the Town of Tillsonburg received the petition regarding 17 Potters Road, and refer to the Clerk -Administrator for possible enforcement and other appropriate authorities. "Carried" No. 16 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Town of Tillsonburg receive the correspondence from Allen Street residents regarding development of a property for Tim Hortons, and refer it to Development Co-ordinating Committee. "Carried' No. 17 Moved by Councillor Carroll Seconded by Councillor Lamb AND RESOLVED THAT the Mayor and Clerk -Administrator be authorized to sign the Memorandum of Understanding between the Town of Tillsonburg and TCR Environmental Corporation. "Carried" No. 18 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the amendments, as outlined in the Memorandum of Settlement between the Tillsonburg Public Services Committee and the Canadian Union of Public Employees and to Local 1669, dated December 14s', 1998, be ratified. "Carried" No. 19 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT the amendments, as outlined in the Memorandum of Agreement between the Tillsonburg Fire Committee and the Tillsonburg Firefighters Association, dated December l Os', 1998, be ratified. "Carried" K. By -Laws By -Law 2876 — To Amend Traffic By -Law 2103 L. Notice of Motion M. Closed Session No. 20 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT Council move into Executive — Closed Session to consider matters of potential litigation. "Carried" No. 21 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT Council moved back into Open Session of Town Council. Meeting adjourned at 1:40 P.M.