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030512 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" ?ONIN Review Access: • Public Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday May 12, 2003 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 Fourth Quarter Reports - 2002 Community Services Operations Corporate Services Information Items Resolutions By -Laws Items of Public Interest 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 Molnar AND RESOLVED THAT Town Council Move into Executive Closed Session. "Carried" Iv Page 1 MINUTES: Meeting for the Committee "Open Council" 'A� DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES > [Minutes of April 28, 2003 No. 2 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council Minutes of April 28, 2003 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 May 12, 2003 be adopted, with the deletion of Item 4 - Glendale Drive Official Plan Amendment. "Carried" PRESENTATIONS PUBLIC MEETINGS 1. Committee of Adjustment Application A-05/03 - Mr. Peter Kelly D Presented By: CAO Notice of Public Hearing Report from County Planner The CAO presented the report of the County of Oxford Planning Department with respect to the subject application, as attached. Mr. Lyle Ball was present, in support of the application. The following resolution was passed. RP_-Qn1nfinn > No. 4 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-05103 for 6 Forest Glenn Court subject to the following conditions: 1. If required, a building permit for the existing deck shall be issued within one year of the date of the Committee's decision. 2. That a building permit for the proposed basement addition/patio shall be issued r^°\ within one year of the date of the Committee's decision. Page 2 MINUTES: Meeting for the Committee "Open Council" 3. That the existing deck and proposed patio not be enclosed or covered. 4. If required, that the applicant obtain approval for the proposed basement addition from the Long Point Region Conservation Authority. "Carried" 2. Committee of Adjustment Application A-06103 - Henry Dalm Construction D Presented By: CAO Notice of Public Hearing Report from County Planner The CAO presented the report of the County of Oxford Planning Department with respect to the subject application, as attached. No persons appeared in support of, or opposition to, the subject application. Resolution > No. 5 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-06103 for 124 Glendale Drive subject to the following condition: 1. That a building permit be issued within one year of the date of the Committee's decision. "Carried" 3. Committee of Adiustment Application A-07103 - Michael & Darlene Papaioannou D Presented By: CAO Notice of Public Hearing Report from County Planner The CAO presented the report of the County of Oxford Planning Department with respect to the subject application, as attached. No persons appeared in support of, or opposition to, the subject application. Resolution > No. 6 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-07103 for 130 Glendale Drive subject to the following condition: 1. That a building permit be issued within one year of the date of the Committee's decision. "Carried" Page 3 MINUTES: Meeting for the Committee "Open Council" 4. Glendale Drive Official Plan Amendment #OP 11176 Tabled from the Meeting of April 28, 2003 Presented By: CAO This item was deleted from the Agenda. DELEGATIONS > 5. Miss Lucy P. Gaynor • Ms. Gaynor appeared before Council expressing a noise complaint resulting from tractor trailers running in the night hours. • She also noted that she has not seen a change as a result of her previous complaint of noise from taxis. • The CAO confirmed that there has been an increase in the number of tractor trailers parking in the area that Ms. Gaynor was noting, as a result of the Town's Traffic By -Law, which does not permit trucks to park on streets. • The CAO suggested the municipality explore an alternate location for tractor trailers to park. He suggested property in the industrial area, which the municipality recently acquired. • The CAO was directed to follow up. COMMUNITY SERVICES evN 6. QUARTERLY REPORT Presented By: Director of Community Services Resolution > No. 7 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the First Quarter Report as at April 30, 2003 from the Director of Community Services be received. "Carried" 7. Picnic Pavilion Tender D Presented By: Director of Community Services Memorial Park Picnic Pavilion Addition Tender #T400-2003-002 Resolution > No. 8 Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report from the Director of Community Services dated May 7, 2003 be received; AND FURTHER THAT Tender #T400-2003-002 - Picnic Pavilion - Memorial Park be awarded to PK Construction at a cost of $39,200, GST extra. "Carried" Page 4 MINUTES: Meeting for the Committee "Open Council" OPERATIONS 8. Tender #T2003-016 Hot Mix Asphalt Paving - 2003 [j Presented By: Director of Operations 91 T2003-016 Hot Mix Asphalt Paving Tender Results., Tender # T2003-016 Hot Mix Asphalt Paving - 2003 Resolution >No. 9 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Staff Report from the Director of Operations dated May 8, 2003 be received; AND FURTHER THAT Tender T2003 - 016 - Hot Mix Asphalt Paving - 2003 be awarded to Permanent Paving Ltd. of Woodstock, Ontario at a cost of $196,453.17. "Carried" 9. Tender #T2003-017 Concrete Sidewalk and Curb & Gutter Construction -2003 D Presented By: Director of Operations T2003-017 Concrete Sidewalk and Curbs.c ?000\ Tender #T2003-017 Concrete Sidewalk and Curb & Gutter Construction - 2003 Racnh ifFinn >No. 10 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Staff Report from the Director of Operations dated May 8, 2003 be received; AND FURTHER THAT Tender T2003 - 017 - Construction of Concrete Sidewalk and Curb & Gutter - 2003 be awarded to N. Piccoli Construction of London, Ontario at a cost of $77,509.96. "Carried" CORPORATE SERVICES 10. 2003 1st Quarter Reports for Corporate Services D Presented By: CAO 2003 1 st quarter reports for Corporate Services. Resolution >No. 11 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Corporate Services First Quarter Reports be received. "Carried" Page 5 W MINUTES: Meeting for the Committee "Open Council" 11.2002 Departmental Surplus Report D Presented By: CAO RpSnhitinn > No. 12 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the 2002 Departmental Surplus Report be received. "Carried" 12. Royal Canadian Air Cadets -Annual Tag Day, May_23-24, 2003 D Presented By: CAO Resolution >No. 13 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Council of the Town of Tillsonburg support the 153 Varnavair Squadron Royal Canadian Air Cadets Annual Tag Day scheduled for May 23 and 24, 2003 (rain dates May 30 and 31, 2003). "Carried" 13. Tri -County Agricultural Society - Demo Derby, Saturday, May 24, 2003 D Presented By: CAO Resolution >No. 14 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the Council of the Town of Tillsonburg authorize the closure of the Fairground road for the Tri -County Agricultural Society Demo Derby to be held on Saturday, May 24, 2003; AND FURTHER that arrangements be made with Operations, Police and Fire. 14. Tri -County Agricultural Society - Annual Tillsonburg Fair, August 14 to 17, 2003 D Presented By: CAO Rpcnh itinn > No. 15 Move by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of Tillsonburg authorize the closure of the Fairground road for the Tri -County Agricultural Society Annual Tillsonburg Fair to be held from August 14 to August 17, 2003; AND FURTHER THAT arrangements be made with Operations, Police and Fire. "Carried" 15. Dairy Queen - Sign Variance Supplementary Report n Report from Council Meeting of April 14th. Supplementary Report as requested at Council Meeting of April 14th. Presented By: CAO Page 6 MINUTES: Meeting for the Committee "Open Council" Ms. Cindy Bratt, co-owner of Tillsonburg Dairy Queen, appeared before Council. Ms. Bratt reviewed her request and referenced the Supplementary Report, as attached. Ms. Bratt made the following comments. The facia line along the pylon sign is not advertising. It only indicates that Dairy Queen is located there. There is no signage in the window of Dairy Queen other than the 'open' sign. With respect to the option of one portable sign per location, Dairy Queen continually has a need to advertise specials. She also commented that outstanding issues with Mr. Epple should be addressed with Mr. Epple, and should not effect Dairy Queen's request. Subsequent to discussion, and knowing the that proposed Council resolution would deny Dairy Queen's request for a signage variance, Ms. Bratt filed a supplementary request/suggestion for signage. Council received the attached from Ms. Bratt... Dairy Queen.pol Town staff to consider the supplementary request and prepare a report back to Council. Mr. Epple also appeared before Council, in support of his tenant's request, and also expressed concerns with contents of the Supplementary Report, as attached above. Mr. Epple would like to see an independent inquiry. Mr. Epple filed documents with staff, as attached... REpple.pdf The CAO advised Mr. Epple that there are procedures in place for complaints to be made, and that such issues of this nature should not be discussed during an Open Meeting of ?OMN Council. Mr. Epple further noted that he had concerns with a proposed resolution being available prior to the Council Meeting. No resolution was passed with respect to this item, as the application was amended by the applicant. INFORMATION ITEMS 16. Garbage Baq Tag Donations _-_Oxford County Council D 17. Pilot Yard Waste Collection Program - Oxford County Council F) 18. Street Maintenance Commendation From Len & Diane Ledoucer D r'go1 RESOLUTIONS Presented By: CAO/Clerk Presented By: CAO/Clerk Page 7 ?0%1 MINUTES: Meeting for the Committee "Open Council" Qv i AMIC The following By -Laws were given First and Second Reading: 19. Fence BY -Law F9 By -Law 3058 - To prescribe the height and description of lawful fences By-law - Draft Fence By-Law.d 20. By -Law to Authorize Certain Land Sale Fy Presented By: COA Presented By: CAO By -Law to Authorize Closing and Sale of Portion of Alley and Transfer to Adjacent Property Owner [AZa Report and By -Law for Pine Alley,51 Ontario Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Draft Fence By -Law to prescribe the height and description of lawful fences in the Town of Tillsonburg be introduced and read a First and Second time and be referred to the Committee of the Whole for further consideration and this constitutes the First and Second Readings thereof. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT the Draft By -Law to authorize the closing and sale of a portion of an Alley and the transfer to the adjacent property owner be introduced and read a First and Second time and be referred to the Committee of the Whole for further consideration and this constitutes the First and Second Readings thereof. "Carried" ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION CONTINUED COMMITTEE OF THE WHOLE REPORT ADJOURNMENT > Meeting adjourned Page 8 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1) Lana Verstraeten/Tillsonburg (Tuesday May 20, 2003 12:46 PM) Town of Tillsonburg Page 9