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060124 Regular Council Meeting Minutes` MINUTES: Meeting for the Committee "Open Council" Review Access: ® Public 0 Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Tuesday January 24, 2006 07:00 PM Council Chambers Chair: Stephen Molnar Orders of the Day: Call to Order Page 1 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 Patenaude Seconded by Councillor Renaud AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" Page 1 • MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF MINUTES & BUSINESS ARISING OUT OF THE MINUTES January 9, 2006 No. 2 Moved by Councillor Patenaude Seconded by Councillor Renaud AND RESOLVED THAT the Council Minutes of January 9th, 2006 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 January 24th, 2006 be adopted. "Carried" /00b\ PRESENTATIONS 1. Volunteer Recognition Award - For the Month of January 2006 Please Note: Mr. David Demeyere to be recognized at the next regular Counci February 13, 2006. PUBLIC MEETINGS 2. Committee of Adjustment Application A-01/06 (Kimyit,� Presented By: CAO Report from County of Oxford Planning Department... A-01-06-TIL.pd1 The CAO reviewed the attached report and recommendation from the County Planning Department, with respect to the subject application. He noted that the recommendation was to defer the application, to allow the applicant time to address some of the recommended changes, as identified by the County Planner. The applicant was present, and acknowledged that he was aware of the recommendations, and in agreement with the deferral this date. He noted that one thing Page 2 MINUTES: Meeting for the Committee "Open Council" they may be considering is adjusting the site plan to adjust the house location, and split the rear yard setback. That would make for a partial variance on the rear yard, and a partial on the front yard. Mark and Dana VanderGulik, 14 Birch Drive, appeared before Council. Their property backs on to the subject property, 17 Lorraine. They noted their concerns with respect to the variance not being minor in nature; drainage, grade, and elevation; and privacy. Details of these concerns are outlined in the attached notes, as submitted by Mr. and Mrs. VanderGulik. :PDF lIM notes.pdf Mrs. VanderGulik noted that the Town had been contacted in 1994 regarding grade/elevation concerns and subsequent water problems. A swale had been put in by the Town, however most of the swale has now been closed in. The attached photos, provided by Mr. and Mrs. VanderGulik, illustrate the initial grade of their property, 14 years ago. Attached also are photos illustrating the pooling of water on the subject property. WE photos.tif In summary, the VanderGuliks prefer that further encroachment, than what the County Planner suggests, not be permitted, and that the drainage problem be addressed. Councillor Renaud noted that the subject lot has 6 sides rather than the typical 4. He noted his concerns with respect to the variances that had been made to the swale. Due to the absence of the Planner, the following questions of Council were noted, and will be forwarded to the County Planner for response in a subsequent report: • Councillor Renaud posed a question regarding distance. Because of the angle of the one side of the lot, the distance is narrower—so what is the planning guideline for a 6 -sided lot? • Is this just one building lot? • Mayor Molnar asked ... why potentially there is already a deficiency for a minimum requirement on the depth of the lot. Has that been conditioned at one point in time? • Mayor Molnar asked ... what is the marginal setback for the properties further to the north on Lorraine. As part of the application, the building could be shifted. He is asking for comment relative to neighbouring properties, with respect to staggering, a consistent setback, design, safety, etc. Councillor Lamb asked if the subject property is directly behind the VanderGuilks' property on Birch. The response was, yes it is. No other persons spoke in support of, or opposition to, the subject application. Mayor Molnar asked anyone wishing to be notified of a future meeting, to leave their name(s) with the Council Coordinator. /OW) The following resolution was passed, deferring the application at this time. Page 3 MINUTES: Meeting for the Committee "Open Council" Resolution > No. 4 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT the Tillsonburg Committee of Adjustment defer Application A-01106 for 17 Lorraine Avenue to allow the applicant to address the concerns expressed by Town Engineering and to examine alternative design options for the proposed dwelling. "Carried" DELEGATIONS QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER OPERATIONS 3. Proposed Building Bylaw AW) Presented By: Director of Operations Mr. Bob Allison, the Chief Building Official appeared before Council to discuss the proposed Building By -Law. Mayor Molnar noted a processing error, in that there is no section 17.6, as noted. To be addressed prior to third reading. Councillor Lewis noted that, under section 4, it says this by-law contains a Code of Conduct for Inspectors. Councillor Lewis asked if this was new, legislated, or designed by this municipality. Mr. Allison responded that it is legislated, and there is a set of guidelines. Councillor Stephenson asked if the by-law would address situations where developers proceed to Phase II of a development, prior to completing a certain amount of Phase I, and also without addressing outstanding issues in Phase I. Mr. Allison responded that there is nothing in the by-law to that regard. He would recommend seeking legal advice prior to considering a provision of that nature. Mayor Molnar noted that this by-law is a revision to the previous by-law, based on new duties of the position, and The Building Code Act. In response to Councillor Stephenson's question, Mayor Molnar noted that the opportunity for that would be through revised plan of subdivision, or part lot control. Deputy Mayor Smith noted that one of the main changes reported in the by-law is the fee structure. He asked if this was going to be a hardship to developers. Mr. Allison responded that he had been talking to developers/builders regarding the proposed changes, and feels they understand, as the fee structure has not changed in a number of Page 4 MINUTES: Meeting for the Committee "Open Council" r years. Deputy Mayor Smith asked if this by-law had been distributed to any builders/developers, giving them an opportunity to look at and comment. Mr. Allison responded that is part of The Building Code Act. We must advise of any changes and the reason for the changes. Up until now, he has not been specific about the changes. He was waiting for first and second reading. Following first and second reading (this date) all of the information will be provided to builders/developers. It was noted that a Public Meeting will be held March 2nd, 2006. Third reading of the by-law is scheduled for March 13th, 2006 ... to become effective April 1 st, 2006. Resolution > No. 5 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated January 16, 2006 from the Chief Building Official regarding the Proposed Building By -Law be received; AND FURTHER THAT a By -Law be brought forward for Council's consideration. "Carried" x"41 COMMUNITY SERVICES CORPORATE SERVICES 4. Site Plan Fees D Presented By: Michael Graves Resolution > No. 6 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the Town of Tillsonburg adjust the Site Plan fees to $450, to include the electronic registration cost; AND FURTHER THAT all fees for site plans be remitted to the Town of Tillsonburg, rather than the County of Oxford. "Carried" FINANCE F, 149� INFORMATION ITEMS Page 5 MINUTES: Meeting for the Committee "Open Council' 5. November 2005 Tourism Advisory Committee Meeting Minutes D 6. December 2005 Libraly Board Meeting Minutes [j 7. The Order of Ontario RE: Deadline for Submitting a Nomination Extended agiN zlm�aj Order of Ontario.pc 8. County of Oxford Monthly Up -Date L Presented By: Mayor Molnar Mayor Molnar provided a verbal up -date. Subsequent to Mayor Molnar's comments, the following resolution was passed. No. 8 Moved by Deputy Mayor Smith Seconded by Councillor Renaud AND RESOLVED THAT the Council of the Town of Tillsonburg request the County of Oxford - Public Works to prepare a status report addressing operations and timelines in connection with the reconstruction of Simcoe Street/Regional Road 51. "Carried" > RESOLUTIONS 9. Town of Oakville RE: Automotive Mayors Press For New Solutions To Industry Problems Presented By: Mayor Molnar 1 NEWS RELEASE.doc Resolution > No. 9 Moved by Councillor Renaud Seconded by Councillor Patenaude AND RESOLVED THAT WHEREAS the Ontario Mayors for Automotive Investment recognize the need to increase availability of North American produced green vehicles; /IMt AND WHEREAS the OMAI recognizes the importance of fair trade practices (that is the importance of equal access to markets); Page 6 MINUTES: Meeting for the Committee "Open Council" AND WHEREAS, the Ontario Mayor's for Automotive Investment, urge all federal party leaders to remember the importance of the automotive sector to the economy of Canada; AND WHEREAS the importance of the continuing work of the Canadian Automotive Partnership Council should be understood and embraced; NOW THEREFORE BE IT RESOLVED that the OMAI formally requests that the Government of Canada initiate the formation of a multi -resourced and focused Task Force to address the declining productivity challenge. AND FURTHER THAT resolving the border issue must remain a priority in order to achieve an improvement in the flow of products and parts across the Michigan and New York State borders. "Carried" 10.OGRA/ROMA Conference RE: Municipal Delegations to Ministers 2006 OGRA.pdf Presented By: Mayor Molnar Resolution > No. 10 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT staff be directed to submit requests for Municipal Delegations to the following Ministers, scheduled during the 2006 OGRA/ROMA Conference: 1. Minister of Natural Resources 2. Minister of Energy 3. Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA) 4. Minister of Finance "Carried" 11. Lake Lisgar Sailors RE: Permission for'gas' model boats for 2006 Canada Day Celebrations Resolution > No.7 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT gas model boats be exempt from By-law 2619 and By-law 2636 for Canada Day 2006 pursuant to clause 2 of By-law 2619; AND FURTHER THAT the time of operation be restricted to 10:00 a.m. to 4:00 p.m. "Carried" 12. Replacement of Fuel Tanks Resolution > No.11 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT the staff report dated Page 7 MINUTES: Meeting for the Committee "Open Council" January 11, 2006 regarding replacement of fuel tanks be adopted; 0001 AND THAT the Director of Operations bring forward a report on funding strategy. "Carried" 09'11 BY-LAWS 13. By -Law 3195 - Rates and Fees By-law [j(third reading) Presented By: Michael Graves By -Law 3195 received first and second reading December 12, 2005. 14. By -Law 3198 - To provide for the construction, demolition, change of use and transfer of permits and inspections (first and second reading) I MD, 3198.doc Resolutions > Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3198 to provide for the construction, demolition, change of use and transfer of permits and inspections 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 Number 3198. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Number 3195 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3195 to adopt a Schedule of Fees for certain municipal applications, services and permits 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 Page 8 MINUTES: Meeting for the Committee "Open Council' No. 12 Moved by Deputy Mayor Smith Seconded by Councillor Lamb AND RESOLVED THAT Council move into Executive - Closed Session. "Carried" Council moved back into Open Session and passed the following resolution. No. 13 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT Council receive the report of the Facilities Manager, dated January 20th, 2006, regarding Elliott Fairbairn Accessibility; THAT one door and the adjoining ramp be made accessible; AND FURTHER THAT Community Living Tillsonburg be contacted to facilitate discussion regarding apportionment of the cost, and that it be acknowledged that any approval be a pre -budget approval for an asset management project. "Carried" ADJOURNMENT Meeting adjourned. Approval Received: (1 of 1) Lana Lund/Tillsonburg (Monday February 06, 2006 02:56 PM) n Town of Tillsonburg Page 9