Loading...
040712 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" Awfts Review Access: • Public J Private MINUTES .;*.*1 Town of Tllsonburg Meeting for the Committee "Open Council" on Monday July 12, 2004 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 Resolutions By -Laws Items of Public Interest Closed Meeting Session continued Adjournment CALL TO ORDER CLOSED MEETING SESSION No. 1 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Page 1 MINUTES: Meeting for the Committee "Open Council" Session. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES [jJune 21, 2004 No. 2 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Council Minutes of June 21, 2004 be adopted. "Carried" ADOPTION OF AGENDA No. 3 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Agenda as prepared for the Council Meeting of July 12, 2004 be adopted. /OWN "Carried" PRESENTATIONS PUBLIC MEETINGS 1. Committee of Adjustment Application - A-16104 (Dalm Construction Ltd. [J Presented By: Mr. Paul Michiels, Planner, County of Oxford Mr. Michiels, Planner, County of Oxford, reviewed the County report, as attached, and the recommendation contained therein. The applicant, Mr. Dalm, was in attendance and indicated his support with respect to the application and Mr. Michiels' comments. Mayor Molnar referred to an email from Mr. Lyle Ball, who had an application before Council in 2002 in regards to a minor variance to a lot in the same area. Mr. Ball did, however, note that he did not want his comments to effect the application of Dalm Construction Ltd. Mr. Michiels responded to Mr. Ball's written comments. Mr. Ball's application was submitted a few years ago, prior to finalizing what was happening with the 4 metre strip along Allen Street. At that time, a couple of things contributed to the rational used in preparing the recommendation. The applied for variance would not have been necessary Page 2 MINUTES: Meeting for the Committee "Open Council" if it were not for the 4 metre strip issue. Also, the location of that house was a factor, as it would have been the first house on the street. The CAO agreed with Mr. Michiels' comments, and explained that there were unresolved issues at that time, that have since been resolved. No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution No. 4 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-16104 for 142 Allen Street, subject to the following conditions: 1) A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision; 2) That the 4 m (13.1 ft) strip, indicated as Parts 7 & 8 on the attached sketch, prepared by Kim Husted Surveying Ltd, be legally merged with the subject property to the satisfaction of the Town; 3) That a revised survey sketch be submitted for the subject property to the satisfaction of the Town's Chief Building Official; 4) That the applicant obtain the written approval of Long Point Region Conservation Authority with respect to the setback of the proposed dwelling from top of bank, to the satisfaction of the Town. "Carried" 2. Zone Change Application - Yorkpark Holdings Inc. n Presented By: Mr. Paul Michiels, Planner, County of Oxford Mr. Michiels, Planner, County of Oxford, reviewed the County report, as attached, and the recommendation contained therein. The Agent representing the application, Akhtar Syed, was present and asked Council to consider giving the attached by-law all three readings this date. Resolution No. 5 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT the Council of the Town of Tillsonburg approve in principle the application submitted by Yorkpark Holdings Incorporated, whereby lands located in Registered Plans M-170, in the Town of Tillsonburg, are to be rezoned from `Residential Type 1 (R1)' to Special `Residential Type 1 (R1 -Special)' to allow a reduction in the rear yard and interior side yard and an increase in the maximum lot coverage to allow for an increased building envelope on the subject properties. "Carried" Page 3 MINUTES: Meeting for the Committee "Open Council" 3. Pesticides - Public Hearing Please refer to Staff Report RE: Pesticides (Item 11) Mayor Molnar introduced this item and noted Delegations were previously heard at the Council Meeting of May 10, 2004. The report of the Director of Corporate Services was presented. Ms. Kate Fisher appeared before Council and commented that she did not think the suggested Integrated Pest Management Solution, as contained in the staff report, would be sufficient action. She suggested a phasing -in by-law. Mr. Dan Mahoney appeared before Council, expressing a personal observation and concern. Mr. Mahoney suffers from heart disease, and doesn't have a problem breathing most of the time. However, he finds that when he is as close as 75 metres to a site where pesticides have been applied, his oxygen intake is hampered, and he has trouble maneuvering. Mr. George Burgess, 86 Wilson Avenue, appeared before Council. He noted that he counted 19 pesticide signs in less than a 114 of a mile last Saturday. He questioned why so many are allowed in an area at any given time. He suggested it was both pollution to the earth, as well as visual pollution from the signage. He also noted that he had previously asked pesticide companies to have him at least 24 hours notice prior to application, so that he could shut windows in his home ... and not one of the companies have responded to his request. Mrs. Joan Mahoney appeared before Council, with questions regarding the recommendation in the staff report. She questioned what would happen if a neighbour, after 2 or 3 years of being informed, decides to spray ... what provision would there be to protect her? She further questioned what happens if a neighbour insists on applying more than needed on their lawn? Mayor Molnar responded that he would expect something incorporated into a by-law, that has a regulatory aspect. The CAO added, that by adopting an IPS solution, there would be a by-law adopted, with regulations incorporated into it. Ms. Barb Johnston, 67 Hawkins Crescent, appeared before Council. She noted that she was diagnosed with cancer, after moving to Tillsonburg, and was involved with 2 support groups. She feels very strongly against pesticide use. She shared an excerpt from a book stating pesticides damage, are toxic, and made to kill living things. Mr. Shane Curtis, of Weed Busters, appeared before Council. He noted that a couple area companies were unable to attend the meeting, however, they were willing to work with the Town on an IPS Committee. Mrs. Covey appeared before Council, and noted that like her daughter and son-in-law, Karen and Grant VanDyken, she is very much against pesticides. Mr. and Mrs. VanDyken appeared before Council December 10th, 2001, asking Council to consider banning the use of chemical pesticides in the Town of Tillsonburg. Page 4 MINUTES: Meeting for the Committee "Open Council" Mr. Rob Thornton, Shane Curtis' partner in Weed Busters, appeared before Council. She noted that applications to trees are done as early in the morning, or late in the evening as possible, and when there is little wind. Ms. Irene Tietz appeared before Council. She congratulated the people that had spoken, and added that there are many alternative ways of dealing with chemicals and pesticides. She added however, that we (humans) are the only species that poison our own nests. This issue is a major responsibility that all of us carry as individuals. Council members took an opportunity to comment. Deputy Mayor Smith suggested a Committee be struck, and that appropriate wording be added to the proposed resolution on hand, to reflect that. Following Council discussion, staff were directed to prepare a report to be brought back to Council August 9th. Parallel work is to be done, and a working mandate is to be set. A resolution was passed. Please refer to Resolution No. 13, Item 12. 4. Development Charges - Town of Tillsonburg D Presented By: Director of Finance Development Charges Background Study - Town of Tillsonburg - June 2004... Draft By -Law... Tillsonburq Public Meeting Final.K Ms. Patricia Elliott -Spencer, of Hemson Consulting Ltd. presented the report. • Mr. Henry Dalm was present and asked how it would impact building permits. • The response was that the cost of a permit for a single family dwelling would increase from approximately $1,500 to approximately $3,000. • The CAO added that, in terms of phase in, it would be over a matter of months. Considering the building cycle, he suggested that the by-law be passed this year, but implementation would held off until January 2005, providing advance notice. • No other persons appeared before Council with questions or comments. • The Director of Finance noted that the deadline for public comment is July 19, 2004. • First and second reading of the by-law is anticipated to be at the August 9, 2004 Council Meeting. Third reading would follow. DELEGATIONS 5. Ms. Diane Chute, 5 Frank Street RE: Noise and Vibrations Resulting From Canadian Tire Construction Page 5 MINUTES: Meeting for the Committee "Open Council" Correspondence from Ms. Chute... Chute.pdf Notice from Blue -Con Inc.... Blue -Con Inc.pdf • Ms. Diane Chute, 5 Frank Street, appeared before Council with a complaint of noise and vibration resulting from the Canadian Tire construction. • She referred to her written correspondence, as attached. • She further referred to a note from Blue -Con Construction, as attached. She suggested that this was unacceptable. • Ms. Chute asked for an answer as to what Council can do for her family and home, in this situation. • It was noted that since Ms. Chute's letter had been received, there has not been a site meeting held. • Mayor Molnar added that staff would meet with the developer and site contractor, and Ms. Chute's concerns would be discussed. The CAO has contacted the developer to get a meeting set up as soon as possible. The Director of Corporate Services is facilitating the meeting, so it would be scheduled for after the 19th. • Mayor Molnar confirmed with Ms. Chute that her complaint was that every day, every few minutes, there is compaction/vibration. • Ms. Chute added that there is a safety concern as well, as there is no fence along the back. J 6.OPP 2003 Annual Report Presented By: Bryce Sibbick, Chair, Police Services Board and Inspector Jack Goodlett OPP Annual Report 2003.pc • The attached 2003 Annual Report was presented. • The following resolution was passed. No. 6 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Ontario Provincial Police, Oxford Detachment, 2003 Annual Report be received. "Carried" QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER 7. Report from Tillsonburg Fire Services RE: Thermal Imaging Camera r"', Page 6 MINUTES: Meeting for the Committee "Open Council" Report thermal imaging camera.d Additional information... Summary and 45 second show... Thermal Imaging.doc Thermal Imaginq.pp: No. 7 Moved by Councillor Stephenson Seconded by Councillor Lamb AND RESOLVED THAT Council receive the staff report dated July 9, 2004 regarding thermal imaging cameras; AND FURTHER THAT staff be authorized to proceed with the purchase of one thermal imaging camera and fund-raising efforts be encouraged to raise funds for the purchase of a second camera. "Carried" G OPERATIONS 8 Solid Waste - Brush, Grass and Leaf Collection Presented By: Director of Operations Solid Waste - Brush Leaves and Grass Collection July 6 2004.doc Resolution > No. 8 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the staff report from the Director of Operations dated July 6, 2004, with respect to brush, grass and leaf collection, be received. "Carried" STAFF DIRECTION: Direction was given to expand hours of operation of the Transfer Station. Monday afternoon was suggested. The Director of Operations was directed to come back with a plan to expand the operation of the current Transfer Station within 7 days. Council to be kept informed, as well as the public. COMMUNITY SERVICES 9 Recreation Advisory Committee Meeting Minutes D Resolutions > No. 9 Moved by Councillor Lewis Page 7 MINUTES: Meeting for the Committee "Open Council" ^, Seconded by Councillor Stephenson AND RESOLVED THAT the Recreation Advisory Committee Minutes of May 25 and June 22, 2004 be received. "Carried" No. 10 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT Council approve a $4,000.00 budget to cover the cost of the initial 'Wall of Fame' year, including the Recognition Night. "Carried" 10. Indoor Pool HVAC Replacement Presented By: Kell Batt, Parks & Facilities Manager Indoor Pool Air Handling Unit Report July 2004 JED Eng HVAC Report.r Resolutions > No. 11 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the staff report dated June 16, 2004 regarding the Indoor Pool Air Handling Unit be received; Aft) AND THAT Council authorize staff to tender the indoor pool and auditorium HVAC systems; AND FURTHER THAT funding for the project be allocated from General Reserves. "Carried" 11. Pro Shop RFP Results Tillsonburg Skate Shop Quotation.p Darryl Sittler Skate Centre Quotation. M Pro Shop Newspaper Ad.pc Council Report Skate Shop RFP.dc Resolution > No. 12 Moved by Councillor Lamb Seconded by Deputy Mayor Smith AND RESOLVED THAT the staff report dated July 8, 2004 regarding the Skate Shop Request for Proposal be received; AND FURTHER THAT staff be directed to enter into a three-year agreement with Darryl Sittler Skate Centers. "Carried" NOTE: A By -Law will be necessary. Page 8 MINUTES: Meeting for the Committee "Open Council" CORPORATE SERVICES 12. Pesticides pesticide report.doc Resolution > No. 13 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the staff report dated May 31, 2004 regarding pesticides be received; AND FURTHER THAT the Integrated Pest Management Solution be considered by town staff and a report regarding the costs and possible implementation be brought forward to Council by August 9th, 2004. "Carried" 13. Condominium Approval by Exemption - Bamford-Oehm Developments Inc. A a6e cdm-04004_till.pol Resolution > No. 14 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT Tillsonburg Council advise Oxford County Council that it approves the exemption from condominium process for the application 32CDM-04004, submitted by Bamford-Oehm Developments Inc. for a 5 storey, 36 unit apartment building, located at Part of Lot 441, Plan 500, in the Town of Tillsonburg. "Carried" 14. Exemption for Draft Plan of Condominium -1173644 Ontario Ltd. (Bryan Graydon) R. a adQ cdm-04005_till.pol Resolution > No. 15 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Tillsonburg Town Council advise Oxford County Council that it approves the exemption from condominium process Page 9 MINUTES: Meeting for the Committee "Open Council" ,�■� for the application 32TCDM04005, submitted by 1173644 Ontario Inc. for 5 cluster dwellings, located on Block 21, Registered Plan 41 M-169, in the Town of Tillsonburg. "Carried" 15 Extension of Draft Approval for a Draft Approved Plan of Subdivision - S.F. McManus WNq T-01001 t dae_resolution_request.K Resolution > No. 16 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT Town of Tillsonburg Council recommend to County Council that it is in favour of the request for extension of draft plan approval for Plan of Subdivision 32T-01001, to extend the lapsing date to July 11 th, 2007. "Carried" E 16. Extension of Draft Approval for a Draft Approved Plan of Subdivision - Mike Hutchison ,ORIN a ani T-97001 t_dae_resolution_request.K Resolution > No. 17 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT Town of Tillsonburg Council recommend to County Council that it is in favour of the request for extension of draft plan approval for Plan of Subdivision 32T-97001, to extend the lapsing date to March 26th, 2005. "Carried" 17. Staff Report RE: Traffic By -Law 3114 The CAO provided a verbal up -date. No. 18 Moved by Deputy Mayor Smith Seconded by Councillor Lamb 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 July 12, 2004. "Carried" Page 10 �J, MINUTES: Meeting for the Committee "Open Council" FINANCE INFORMATION ITEMS 18 Big Brothers/Big Sisters of Ingersoll, Tillsonburg & Area RE: Appreciation for Grant Big Brothers & Big Sisters.p RESOLUTIONS 19. Resolution d Resolution No. 19 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the report as prepared by the Director of Finance, dated June 25, 2004, with respect to salary grid adoption and implementation, be received, and the recommendations contained therein be adopted. "Carried" BY-LAWS 20. By -Law 3114 - To Regulate Traffic and Parking of Motor Vehicles 21. By -Law 3116 - To Authorize the Sale of Lands to Bill and Eleanor Furlong 3116 conveyance to Furlong.do 22. By -Law 3117 - To Amend Zoning By -Law 1994, as amended (Church of the Living Water) MM abr 7-309_zba.pdf 23. By -Law 3118 - To Amend Zoning By -Law 1994, as amended (Yorkpark Holdings) RM eom%� 7-310.pdf Resolutions Page 11 MINUTES: Meeting for the Committee "Open Council" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Lw 3116 to authorize the sale of lands to Bill and Eleanor Furlong; By -Law 3117 to amend Zoning By -Law 1994, as amended (Church of the Living Water); and By -Law 3118 to amend Zoning By -Law 1994, as amended (Yorkpark Holdings) be introduced and read for 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" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of the Whole for the purpose of considering By -Law Numbers 3116, 3117 and 3118. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Numbers 3114, 3116, and 3117 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law Number 3114 to regulate traffic and parking of motor vehicles; By -Law 3116 to authorize the sale of lands to Bill and Eleanor Furlong; and By -Law 3117 to amend Zoning By -Law 1994, as amended (Church of the Living Water); 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" ITEMS OF PUBLIC INTEREST CLOSED MEETING SESSION CONTINUED No. 20 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" ADJOURNMENT Meeting adjourned. Page 12 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1) Lana Lund/Tillsonburg (Wednesday July 21, 2004 03:08 PM) Town of Tiilsonburg Page 13