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990531 Regular Council Meeting MinutesNNOR MAY 31s1,1999 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Thursday, May 31St, 1999 at 8:00 P.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario. PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton, Councillors: D. Beres, B. Carroll, S. Lamb, G. Leachman, S. Molnar, C. Rosehart and R. Smith ORDER OF BUSINESS: A. Adoation of Minutes —May 10th and 20th, 1999 No. 1 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council under dates of May l Oth, and 20th, 1999 be adopted as printed and circulated. "Carried" ffln" B. Adoution of Agenda No. 2 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Agenda as prepared for Council Meeting of May 20th, 1999 be adopted, with the addition of: I. Communications 8. Tillsonburg Catholic Schools Council RE: Request for Support C. Declarations None D. Presentations Presentation of the "Volunteer Recognition Award" for the month of May 1999 Mayor McKnight presented the Volunteer Award for the month of May 1999 to Gayle MacAinsh for her volunteer efforts in the programs of Coats for Kids, Kidney Foundation, Tillsonburg District Memorial Hospital, Hospital Coffee Shop, Alzheimer's Society, and the Hospital Extravaganza. 2. Presentation of the "E.A. Danby Award" David Morris, C.A.Q., presented to Mark Cowan, Director of Public Services, the E.A. Danby Award recognizing his efforts to waste minimization in the Town of Tillsonburg. The E.A. Danby Award is given out annually by the Association of Municipal Managers Clerks and Treasurers of Ontario, recognizing excellence in public administration throughout the Province of Ontario. E. Appointments/Delegations r"� 1. Reconstruction of Broadway Mr. Rick Miggens, property owner on Broadway, addressed Town Council and expressed concern with the loss of the boulevards along Broadway, tree removal, and plantings of replacement trees, and stated that heritage lighting along Broadway should be incorporated into the plans for its reconstruction as Broadway Street is a major gateway to the Town of Tillsonburg and gives motorists a sense of arrival to the Town. In response to a question from Councillor Horton, Mark Cowan stated that there would be an added cost of $5,000 to form both sides of the sidewalks if boulevards were incorporated into the Broadway reconstruction. Mr. Horst Ehrlicih, 275 Broadway, addressed Town Council in support of boulevards for Broadway. Mr. Carson, 280 Broadway, addressed Town Council in support of boulevards for the Broadway Street reconstruction. Miss Liz West and her mother were both in attendance and supported boulevards and tree plantings for Broadway. M. Cowan advised Town Council that the boulevards would cost approximately $55,000 for Broadway reconstruction. Mr. Bob Lehman, Tree Advisory Committee, addressed Town Council in support of tree preservation in the Town of Tillsonburg, but further stated that some trees would not be able to be preserved if there were boulevards built along Broadway, as there would be extensive damage to the root systems. Town Council further discussed the added cost for heritage lighting along Broadway from Venison Street to Concession Street, as well as the preservation of the boulevards along Broadway. No. 3 Moved by Councillor Lamb Seconded by Councillor Carroll AND RESOLVED THAT Town Council adopt the recommendation as contained in the Report of the Director of Public Services, under date of May 19`h, 1999, with respect to Broadway Reconstruction, with the exception of Item 2, heritage lighting; RESOLVED FURTHER THAT a boulevard be provided between the sidewalk and curb; AND FINALLY RESOLVED THAT the issue of heritage lighting be considered further pending information related to costs and locations. "Carried" No. 4 Moved by Councillor Beres Seconded by Councillor Rosehart AND RESOLVED THAT the contract for Hot -Mix asphalt paving, for the areas marked Parts 2, 5 and 6, as outlined in the recommendation from Cyril J. Demeyere Limited under date of May 27, 1999, in the amount of $83,940.005 be awarded to Cayuga Materials and construction, subject to MTO funding. "Carried" No. 5 Moved by Councillor Beres Seconded by Councillor Rosehart AND RESOLVED THAT the contract for Hot -Mix asphalt paving, for the areas marked parts 1,3 and 4, as outlined in the recommendation from Cyril J. Demeyere Limited under date of May 27, 1999, in the amount of $2341220.00, be awarded to TCG Materials and Construction, P"" subject to NIT funding. "Carried" No. 6 Moved by Councillor Beres Seconded by Councillor Rosehart AND RESOLVED THAT the tender from Elgin Construction for the reconstruction of North Broadway, from Venison Street to Concession Street, as outlined in the recommendation from Cyril J. Demeyere Limited under date of May 27, 1999, in the amount of $525,117.00, be accepted and the contract be awarded to Elgin Construction, subject to funding from M.T.O. and P.U.C., and M.O.E. approval. "Carred" F. Public Hearings 1. Application for Consent and Minor Variance/Permission — Estate of Charles B. Laister Mr. Mike Barrett, Intermediate Planner, County of Oxford, presented to Town Council Report #99-83, dated May 31St, 1999, with respect to the applied for Minor Variance/Permission. Ms. Charlotte Laister, on behalf of the Estate of Charles B. Laister, addressed Town Council in support of the applied for Minor Variance/Permission, but requested deletion of Condition 1 of the Report from the County of Oxford #99-83. No. 7 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg adopt the recommendation, excluding Item 1, as contained in Oxford County Planning Report No. 99-83 with respect to the Application For Consent and Minor Variance/Permission of the Estate of Charles B. Laister. "Carried" G. Committee of Adjustment 1. A-9/99 — Thames Valley District School Board & Tillsonburg Community Services M. Barrett, Intermediate Planner, presented to Committee the applied for Minor Variance. B. Bennett, Barrister, was in attendance in support of the applied for Minor Variance. Mr. Collins, 83 Tillson Avenue, was in attendance in opposition to the applied for Minor Variance due to parking on Tillson Avenue and unsafe turning movements into his property along the avenue. The Committee decided that the Chief Administrative Officer could investigate solutions to the traffic on Tillson Avenue. No other persons were in attendance with respect to the applied for Minor Variance. No. 8 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT Tillsonburg Committee of Adjustment approve Application A-9/99 for 96 Tillson Avenue, subject to the following condition: 1) Completion of revisions to the site plan to indicate the actual number of parking spaces provided on the subject property and the inclusion of signage to designate parking in the parking areas adjacent to the building as "Visitors Only". "Carried" No. 9 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the matter of parking on Tillson Avenue in front of the Livingston Centre (west side Bridge Street to Durham Street) be referred to the Chief Administrative Officer for further study. "Carried" 2. A-10/99 — Walter & Francine Vanhoutteghem M. Barrett, Intermediate Planner, memorandum from the Department Oxford, dated May 22nd, 1999. County of Oxford, presented a of Health and Planning, County of Walter Vanhoutteghem was in attendance in support of the applied for Minor Variance. No other persons were in attendance with respect to the applied for Minor Variance. No. 10 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT Tillsonburg Committee of Adjustment approve application A- 10/99 for 19 Thomas Avenue for an increase in lot coverage from 30 to 33%. "Carried" 3. C.A.O. RE: Notice of Change — Committee of Adjustment — Larry & Louise Bond No. 11 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT Tillsonburg Committee of Adjustment amend their Decision of April 12, 1999 under File A-7199 to further reduce the required rear yard to 7.74m (25.4 ft.) and to further increase the lot coverage to 33% to permit the construction of a single-family dwelling in a residential (R 1) zone. "Carried" H. Reports 1. Committee of The Whole — Budget Meeting #3 Minutes — May 20th, 1999 2. Director of Public Services RE: Broadway Reconstruction 3. C.A.O. RE: Cat Complaints — Bidwell Street Area 1. Communications 1. County of Oxford RE: Lifting of Part Lot Control: i) 1115572 Ontario Inc. (Tulip Drive) 1115572 Ontario Inc. (Dogwood Drive & Primrose Drive) iii) The Linkoln Group Inc. 2. Laurel A. Beechey RE: Museum Board 3. Corporation of the Township of Morris RE: Support of Resolution — Program to Provide Financial Assistance for "Rural Water Quality Improvement" 4. 5. A Township of Centre Wellington RE: Support of Resolution — Infrastructure for Bridge Replacement and Repairs Federation of Canadian Municipalities RE: Municipal Infrastructure in the Millennium budget Township of The Archipelago RE: Support of Resolution — Local Jurisdiction Over Water Use n O= 7. Request for Letter of Support RE: Application by Tillsonburg Broadcasting Limited 8. Tillsonburg Catholic School Council J. Information 1. Grassroots Woodstock RE: Invitation to Forum: Focus on Wetlands — June 16'', 1999 2. Ontario Civilian Commission on. Police Services RE: Town of Tillsonburg, Request for Section 40 Disbandment Hearing 3. Association of Municipalities of Ontario RE: The Municipal Mandate — Municipalities at Risk K. Resolutions No. 12 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Minutes of Committee of the Whole Budget Meeting #3, under date of May 20`h, 1999, be received and recommendations contained therein be adopted. "Carried" No. 13 Moved by Councillor Lamb Seconded by Councillor Carroll AND RESOLVED THAT Town Council refer the matter of Cat Complaints in the Bidwell Street Area to the Chief Administrative Officer for further review and recommendation. "Carried" No. 14 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that the lands consisting of Lot 37, Plan 41M-133, Part Lots 5 & 6, Reference Plan 41R-6198, Town of Tillsonburg, be exempted from Part Lot Control and that the County be requested to enact the necessary exempting by-law as well as entering into a standard Part Lot Control Agreement with the applicant. "Carried" No. 15 Moved by Councillor Rosehart "'�"' Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that the lands consisting of Part of Block 155, Plan 41M-1.45, Town of Tillsonburg, be exempted from Part Lot Control and that the County be f� requested to enact the necessary exempting by-law as well as entering into a standard Part Lot Control Agreement with the applicant. "Carried" No. 16 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that the lands consisting of Lots 92 to 97 (inclusive), Plan 41M-145, Town of Tillsonburg, be exempted from Part Lot Control and that the County be requested to enact the necessary exempting by-law as well as entering into a standard Part Lot Control Agreement with the applicant. "Carried" No. 17 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council of the Town of Tillsonburg support the Township of Morris' resolution with respect to a Program to Provide Assistance for "Rural Water Quality Improvement". "Carried" No. 18 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council of the Town of Tillsonburg support the Township of Centre Wellington's resolution with respect to Infrastructure for Bridge Replacement and Repairs. "Carried" No. 19 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Town of Tillsonburg support FCM's resolution, as attached, with respect to Municipal Infrastructure in the Millennium Budget. "Carried" The attached read as follows: WHEREAS the FCM-inspired $7 -million, six-year Canada Infrastructure Works Program (CIWP) — described by prime Minister Jean Chretien at the FCM 1998 Annual Conference, as "... one of the proudest achievements of our government" — exceeded original projections, funding 17,000 projects that created assets of lasting value and generated more than 1301000 short-term jobs, and set a new standard for intergovernmental cooperation in Canada; WHEREAS the CI WP could not fully address Canada's long-term infrastructure needs given the extent of the problem revealed in various FCM studies completed between 1985 and 1996; WHEREAS, Tillsonburg has benefited from the CIWP but still has a number of outstanding infrastructure projects which it cannot finance out of municipal revenues alone; WHEREAS FCM is dedicated to improving the quality of life in all communities; WHEREAS the Millennium budget offers an opportunity for achieving an improved quality of life and ensuring sustainable communities; WHEREAS the FCM National Board of Directors has endorsed a new long-term national infrastructure program with environmental benefits as a component of a sustainable communities strategy; WHEREAS the FCM proposal, with the theme CLEAR AIR, CLEAN WATER, CLEAN SOIL, calls for flexibility to accommodate equally the needs of rural/small communities and large municipalities, supporting: '°"'' • waste management systems (waste diversion, product stewardship, upgrading landfill sites, methane capture, upgrading incineration technology to meet new requirements for dioxins and furans and mercury emissions); • water efficiency (water conservation, sewage upgrades to reduce contaminants in water effluent and water treatment alternatives such as settling ponds and wetlands); • energy efficiency (alternative energy sources, energy efficiency, vehicle emissions testing, and public transit); • mobility (investment in road repair and upgrades, commuter rail, and advanced technology public transit like Ballard Fuel Cell buses); and • main -street and urban core renewal; WHEREAS such investments will create jobs, reduce pollution, save taxpayers money resulting from reduced health and environmental damage, improve the efficiency of the economy and make Canada more competitive, productive and innovative; and WHEREAS Canada is a leader in environmental technologies; mom BE IT RESOLVED that Tillsonburg endorses the Federation of Canadian Municipalities' (FCM) call for a long-term national core municipal infrastructure program highlighting environmental benefits, in the federal Millennium Budget; BE IT FURTHER RESOLVED that Tillsonburg, through letters, personal meetings and/or other communications, will urge local members of Parliament to support FCM's Millennium Budget proposal and to communicate their support to the Minister of Finance; BE IT FURTHER RESOLVED that the Town of Tillsonburg through letters, personal meetings and/or other communications, will urge the Prime Minster, the Minister of Finance, other members of the federal Cabinet and members of the Government of Ontario to support FCM's Millennium Budget proposal; BE IT FURTHER RESOLVED that Tillsonburg will communicate the urgent need for a new municipal infrastructure program with environmental benefits to neighbouring communities; BE IT FURTHER RESOLVED that Tillsonburg will communicate to local media and the public our support for FCM's Millennium Budget proposal. No. 20 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council of the Town of Tillsonburg support the Township of The Archipelago's resolution with respect to Local Jurisdiction Over Water Use. "Carried" No. 21 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Town of Tillsonburg support an application by Tillsonburg Broadcasting Limited to establish a Country format FM -Radio station. "Carried" No. 22 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg support the Tillsonburg Catholic Schools Council in its request to the Ronald McDonald Children's Charities for a grant to install a handicapped creative playcentre. "Carried" L. By -Laws - The following By -Law was given three readings and finally passed: 1. By -Law 2905 - To Amend Zoning By -Law 1994, as amended (Estate of George dilvesy Sr.) ` .. M. Notice of Motion None N. Closed Session No. 23 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. 24 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Town Council now move into Closed Session — Executive to consider matters of potential litigation and personnel. O. Open Session Council moved back into Open Session and passed the following resolution: .. No. 25 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Town Council endorse the nomination of the Tillsonburg Multi -Service Centre by the Tillsonburg Chamber of Commerce for the 1999 Canada Post Literacy Award. "Carried" No. 26 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT Town Council appoint Mr. John Vandevyvere as a probationary Firefighter effective June 1, 1999. "Carried" No. 27 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT Town Council adopt "Hiring Policy — Internal Posting" as amended. "Carried" Meeting adjourned at 1 Mayor Chief Administrative Officer/Clerk