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020624 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" Iv 24 06 02 Review Access: • Public Private MINUTES "Town of Tillsonburg Meeting for the Committee "Open Council" on Monday June 24, 2002 07:00 PM Council Chambers Chair: Iry Horton 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 Community Services Operations Corporate Services Information Items Items of Public Interest By -Laws Closed Meeting Session continued Committee of the Whole Report Adjournment CALL TO ORDER CLOSED MEETING SESSION > No. 1 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" /AMIN DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Page 1 PO ' MINUTES: Meeting for the Committee "Open Council" > None MINUTES & BUSINESS ARISING OUT OF THE MINUTES > DJune 10, 2002 No. 2 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of Council under date of June 10th, 2002 be adopted. "Carried" ADOPTION OF AGENDA > No. 3 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Agenda as prepared for the Council Meeting of June 24th, 2002 be adopted, as amended. "Carried" PRESENTATIONS > 1. Presentation of Volunteer of the Month Award - for the month of June 2002 - Mr. Steve Kyle, Chairperson, Relay for Life Team Mayor Horton presented the Volunteer of the Month Award to Mr. Steve Kyle and the Relay for Life Team. PUBLIC MEETINGS 2. Committee of Adjustment Application A-08102 - Francis Flood D Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing: Report from County Planner: Mr. Paul Michiels, County Planner, appeared before Council and reviewed the attached report. The applicant was present. No other persons appeared in support of, or opposition to, the subject application. Council passed the following resolution. RP_--.nhj inn > No. 4 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment defer Application A-08102 for 3 Sinclair Drive for the following reason: IAMN 1) To allow the applicant to consider alteration or removal of the covering over the existing deck to bring the property into compliance with all the provisions of the Page 2 MINUTES: Meeting for the Committee "Open Council' R2-3 zone. "Carried" 3. Committee of Adiustment Application A-09/02 - Rene Byvank Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Meeting: Comments from County Planner: Mr. Paul Michiels, County Planner, appeared before Council and reviewed the attached report. The applicant was present. No other persons appeared in support of, or opposition to, the subject application. Council passed the following resolution. Resolution > No. 5 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment defer Application A-09102 for 356 Tillson Avenue, for the following reasons: 1) To allow the applicant to amend the application to reduce the variance from ?006� Section 12.2.2.2.5, Interior Side Yard to a minimum of 3m (9.84 ft.) instead of the requested 1.5m (4.92 ft.) 2) To allow the applicant to consider alternative designs or locations for the proposed addition that would comply with a minimum 3m (9.84 ft.) southerly interior side yard and potentially eliminate the required front yard variance. 3) To allow the applicant to submit an OLS building location survey/detailed site plan for the property to demonstrate that the property will comply with the landscaped open space, planting strip parking and loading provisions of the By -Law if the proposed addition is constructed. "Carried" 4. Application for Site Plan Approval - Mill Pond Estates (Kevin Aspden) Notice of Public Meeting: A Mill Pond Estates - Public Notice. Report from County Planner: 11 7-81-1_TIL__rpt.pd' Mr. Paul Michiels, County Planner, appeared before Council and reviewed the attached report. Page 3 MINUTES: Meeting for the Committee "Open Council" The applicant was present. Ms. Mitchell appeared before Council asking questions with respect to road widening of John Pound Road, as referenced in the report, as well as closing of a section of Bidwell Street. The C.A.O. responded that such wording, as contained in the report, was routine and to his knowledge there were no plans for widening of John Pound Road. With respect to closing a section of Bidwell Street, the C.A.O. advised that there had been a request to consider the closure to vehicular traffic, but that would be dealt with at a future meeting. As well, a traffic study would be brought forward at a future public meeting. A neighbouring property owner was present and questioned the delay in the development of Mill Pond Estates, as well as the bridge. Mayor Horton responded that Council has the responsibility to ensure that all requirements of such a development are met and the process does take time. With respect to the bridge, the project involves quite an expenditure of money, and investigation of designs for the bridge is being carried out. The resident also noted support of the closing of the section of Bidwell Street. Another neighbouring property owner noted that he would like to see the Mill Pond Estates development move along, and also expressed concerns with road safety on Bidwell Street and noted support of closing that section of Bidwell Street. No other persons appeared in support of, or opposition to, the subject application. /0� Council passed the following resolution. Resolution > No. 6 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Site Plan Report be received and that the conditions proposed to be attached to the Site Plan be adopted. "Carried" DELEGATIONS > 5. South End Site Plan Desim Concept Presented By: Juris Berzins - Urban Design Consultants Attached is a draft resolution from D. Morris regarding the Mayor's South End Task Force design concept presentation by Juris Berzins of Urban Design Consultants and Ken Webster. Also attached are the Minutes of the June 13th Street Steering Committee on the subject. Resolution > No. 9 Moved by Councillor Beres Seconded by Molnar AND RESOLVED THAT the design concept presentation by Juris Berzins of Urban Design Consultants with respect to the development of the /001\ southeast corner of Broadway and Oxford Street be received as recommended by Page 4 /"1 r"� �1 MINUTES: Meeting for the Committee "Open Council' the Mayor's South End Task Force; AND RESOLVED FURTHER that this design concept be adopted in principle and be referred to the CAO for a report on "Carried" implementation. 6. Fred and Hugh Zimmer RE: Request for Parcel of Land to be Considered for Future_ Urban Growth as Part of the Official Plan Review Presented By: Mr. Hugh Zimmer, Mr. Fred Zimmer For Reference Purposes... Excerpt from Draft County of Oxford Vacant Land Study: a Zimmer.tif For Reference Purposes... Submission and Council Resolution from Meeting of February 26, 2002: D Moved b y Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg support in principle the proposal of Hugh and Fred Zimmer to have Part of Lot 9, Concession 11 (Dereham) adjacent to the west side of Tillsonburg considered for future urban growth as part of the Official Plan Review."Carried" Resolution > No. 10 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of the Town of Tillsonburg continue to support in principle the proposal of Hugh and Fred Zimmer to have Part of Lot 9, Concession 11 (Dereham) adjacent to the west side of Tillsonburg considered for future urban growth as part of the Official Plan Review; AND FURTHER request a meeting with County Staff to review the Vacant Land Study. "Carried" 7. Community Police Services Vehicle D Presented By: Walter Burton, Police Services Board Chair, Jack Goodlett, Oxford OPP Inspector, Representative of the Tillsonburg Optimist Club Staff Report dated June 17, 2002 regarding a Community Police Services Vehicle Resolution No. 11 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated June 17, 2002 regarding a Community Police Services Vehicle be received; AND THAT Council endorses the resolution passed by the Tillsonburg Police Services Board dated May 14, 2002 regarding the leasing of a Volkswagen vehicle for use as a community services vehicle; AND THAT By-law No. 3025 being a by-law to authorize the Mayor and Clerk to Page 5 MINUTES: Meeting for the Committee "Open Council" enter into a lease agreement for the purpose of providing a Community Police P'*#N Services Vehicle to Oxford OPP for the sole purpose of the Town of Tillsonburg; AND THAT the Town's portion of the leasing costs be funded from the reserves set aside for policing purposes not to exceed $200 per month plus taxes for a term of four years. "Carried" COMMUNITY SERVICES 8. Recommendation to Engage Architect for Arena Superbuild Proiect (� Resolution > No. 12 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Staff Report from the Director of Community Services dated June 20, 2002 be received; AND FURTHER THAT Staff be authorized to sign the attached contract subject to verification of policy limits in clause 5.5.2 and the addition of an indemnification clause regarding third party claims due to the malfeasance and nonfeasance of the architect. "Carried" 9. Proposed Draft By-laws - Cemetery Advisory Committee - Tourism Advisory Commiftee D Resolution > No. 13 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Staff Report from the Director of Community Services dated June 20, 2002 be received; AND FURTHER THAT the Town forward copies of the draft by-laws to each respective committee for review and comment. "Carried" OPERATIONS 10. Aspden Developments Inc. RE: Request for Variances to Sign By -Law Presented By: Director of Operations &Z Council Memo Aspen sign Variance. Aspen Sign 2.ipg For Reference Purposes... Submission and Council Resolution from Meeting of June 10, 2002: a Aspden Developments.1 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the request from Aspden Developments regarding placement of a ground sign and a sandwich board sign be referred to the Chief Building Official for report."Carried" - Page 6 69 MINUTES: Meeting for the Committee "Open Council' Resolution > No. 7 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT request from Aspen Developments for variance to Sign By -Law 2976, to allow placement of a ground sign and a sandwich board sign, be denied. "Withdrawn" No. 8 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT request from Aspen Developments for variance to Sign By-law 2976, to allow placement of a ground sign be approved, with the following conditions: 1) That one non-compliance sign be removed; and 2) An agreement be signed restricting the non-compliance height for a period of 2 years. RESOLVED FURTHER THAT failing agreement with the owner with respect to the above conditions permission be granted to place a sign for this project in compliance with the sign by-law on property owned by Marla Baxter on Broadway. "Carried" 11. Tender Results for Digger Derrick boom and body - Tender T2002-002 D Presented By: Director of Operations Resolution > No. 14 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Tender T-2002-002 - Digger Derrick Body - be awarded to Wajax Industries, Milton, ON at a cost of $1371)981.23. "Carried" 12. Summary Report of Quotations/Tenders Received - Building Demolition - Old Esso Building (Oxford & Broadway) Presented By: Director of Operations 9 tender quotation summary.: Resolution > No. 15 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the tender of Fuller Trucking Limited for the demolition of the service station at 68 Broadway be accepted in the amount of $4,280.00, as per specifications, and that these funds be taken from General Reserves. "Carried" Page 7 MINUTES: Meeting for the Committee "Open Council" CORPORATE SERVICES 13. Media Policy Report Resolution > No. 16 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Report of the CAO/Clerk with respect to Draft Media Policy be received and adopted, as amended, by Council. "Carried" 14. Water/Sanitary Sewer County Transfer F) Staff Report dated June 17, 2002 regarding Water/Sanitary Sewer County Transfer Resolution > No. 17 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated June 17, 2002 regarding a Water/Sanitary Sewer County Transfer be received; AND THAT Council approves the transfer of funds to the County of Oxford as set out in the 2001 Audited Water and Sanitary Sewer Department Financial Statements. "Carried" 15. Master Service Agreement for Tillsonburg Hydro Inc. Staff Report dated June 19, 2002 regarding a Master Service Agreement with Tillsonburg Hydro Inc. Resolution > No. 18 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated June 19, 2002 regarding a Master Service Agreement between Tillsonburg Hydro Inc. and the Town of Tillsonburg be received; AND THAT By-law No. 3024 being a by-law to authorize the Mayor and Clerk to enter into a Master Service Agreement between the Town of Tillsonburg and Tillsonburg Hydro Inc. for the purposes of the Town providing electric utility related services to the Utility be presented to Council for first and second reading. "Carried" 16. Employee Benefit Review j Item deleted from the Agenda. INFORMATION ITEMS ?*� 17. Airport Advisory Committee Minutes and Reports D Page 8 MINUTES: Meeting for the Committee "Open Council" ITEMS OF PUBLIC INTEREST BY-LAWS > The following By -Law received first and second reading: By -Law 3024 - To authorize an Agreement with Tillsonburg Hydro Inc. 020620 master service agrmt.DOC The following By -Laws received three readings and were finally enacted: By -Law 3025 - To authorize a Lease Agreement for Community Police Vehicle 91 020620 comm services vehicle lease agrmt.DC By -Law 3026 - To authorize an Agreement with Oxford County Board of Health 91 e"°1 By -Law Agreement Oxford County Board of Heall By -Law 3027 - To amend Zoning By -Law 1994, as amended (Tillsonburg Hospital Long Term Care Facility) 7-290_ZBA.pdf By -Law 3028 - To amend Zoning By -Law 1994, as amended (Aspden Developments) EJ 7-287 zba.pdt Rpmnlittinn > Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3024 to authorize an Agreement with Tillsonburg Hydro Inc.; By -Law 3025 to authorize a Lease Agreement for a Community Police Vehicle; By -Law 3026 to authorize an Agreement with Oxford County Board of Health; By -Law 3027 to amend Zoning By -Law 1994, as amended (Tillsonburg Hospital Long Term Care Facility); and By -Law 3028 to amend Zoning By -Law 1994, as amended (Aspden Developments) be introduced and read 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" Page 9 MINUTES: Meeting for the Committee "Open Council' Moved by Councillor Smith /0211N Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law numbers 3024, 3025, 3026, 3027, and 3028. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and report on By -Law numbers 3025, 3026, 3027 and 3028 as passed in Committee without amendment. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3025 to authorize a Lease Agreement for a Community Police Vehicle; By -Law 3026 to authorize an Agreement with Oxford County Board of Health; By -Law 3027 to amend Zoning By -Law 1994, as amended (Tillsonburg Hospital Long Term Care Facility); and By -Law 3028 to amend Zoning By -Law 1994, as amended (Aspden Developments) 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" CLOSED MEETING SESSION CONTINUED > No. 19 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" No. 20 Moved by Councillor Beres Seconded by Councillor Molnar 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 June 24th, 2002. "Carried" COMMITTEE OF THE WHOLE REPORT ADJOURNMENT > Meeting adjourned. Approval Received: (1 of 1) Lana Verstraeten/Tillsonburg (Wednesday July 03, 2002 10:45 AM) ,AO� Town of Tillsonburg Page 10