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070514 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council" 41, 'o"� Review Access: • Public Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday May 14, 2007 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 Notice of Motion Resolutions By -Laws Items of Public Interest Closed Meeting Session continued Adjournment CALL TO ORDER CLOSED MEETING SESSION No. 1 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" Page 1 MINUTES: Meeting for the Committee "Open Council' e"WN > DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Councillor Beres declared a Conflict with respect to Agenda Item 21 - Nikos Eatery & Bar - Request for Encroachment for Patio - Report C 2007-025. Councillor Lamb declared a Conflict with respect to Agenda Item 22 - FI 2007-011 Revised 2007 Policing Costs. MINUTES & BUSINESS ARISING OUT OF THE MINUTES [April 23, 2007 ]May 1, 2007 (Grant Presentations) No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Council Minutes of April 23rd and May 1st, 2007 be adopted. "Carried" ADOPTION OF AGENDA No. 3 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Agenda as prepared for the Council Meeting of May 14th, 2007 be adopted. "Carried" PRESENTATIONS 1. Presentation- Ontario Lifesaving Society - Commonwealth Honour Award D Presented By: Director of Community Services Mrs. Cynthia Hildebrand, Director of Community Services, presented Jeff McCurdy with the Ontario Lifesaving Society - Commonwealth Honour Award. PUBLIC MEETINGS 2. Application for Zone Change - Supplementary Report (Margaret and Richard Wiens) Presented By: Mr. Harry Shnider, Planner, County of Oxford Correspondence received regarding application: nm; T1 i) Colleen Szuba... ZONINGhillyndale.rtf Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the Page 2 MINUTES: Meeting for the Committee "Open Council" tA� attached report. He noted that the application previously came before Council March 12, 2007, and was deferred at that time to allow the applicant an opportunity to provide further information. The applicant, Mr. Wiens, was present in support of the application, and was prepared to answer any questions that may arise. Ms. Annette Demaiter, 4 Birch Drive, appeared before Council with concerns. She questioned the ratio of building to land mass. Mr. Shnider responded by referring to Plate #2, attached to the report. Councillor Lewis asked the applicant for assurance that it would not be used for sleeping/living purposes while stored in the proposed building. The applicant confirmed it would not be. Deputy Mayor Renaud noted that he finds the application problematic. Mayor Molnar noted concerns and suggested further recommendations. He suggested any approval be conditional upon putting on title restrictions regarding separation of ownership of the two properties. Mr. Shnider responded that zoning cannot accommodate the restrictions being suggested. Mr. Wiens responded that he would be agreeable to entering into an agreement. It was noted that the Town would need assurance that such an agreement would be enforceable. Mayor Molnar questioned whether the applicant had considered joining the two properties and making it one. Mr. Wiens he had looked into that when he purchased the properties, but had be told they had to be purchased separately. Ms. Szuba, 19 Hillyndale, appeared before Council and commented that she would like to see a provision ensuring that a home has to be built on the subject property, should Mr. Wiens, in the future, no longer own the property. She would like to ensure that it does not just become storage. No other persons appeared in support of, or opposition to, the subject application. Further discussion was held, and the following resolution was passed. Resolution No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg approve application ZON 7-327, submitted by Margaret and Richard Wiens, to amend Zoning By -Law 1994 from Residential First Density (R1) to Special Residential First Density (R1-26), for an accessory building to be built on a vacant property, with special provisions for coverage, setbacks, and height of accessory buildings; AND FURTHER THAT a by-law be brought forward after a proper agreement between the applicant and the Town is accomplished. ,oft� "Carried" Page 3 MINUTES: Meeting for the Committee "Open Council" (Prior to the passing of the above resolution, a motioned to defer Application ZON 7-327 was moved by Councillor Lewis, Seconded by Councillor Lamb. The motion to defer, however, was'denied'.) 3. Committee of Adjustment Application A-04/07 (Porter) D Presented By: Mr. Harry Shnider, Planner, County of Oxford Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the attached report. The applicant was not in attendance. No persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution No. 5 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A-04/07 for 91 Allen Street, subject to the following condition: 1) A building permit for the existing deck shall be issued within one month of the date of the Committee's decision. "Carried" 4. Committee of Adjustment Application A-05/07 (Hicks) D Presented By: Mr. Harry Shnider, Planner, County of Oxford Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the attached report. The applicants were in attendance. No other persons appeared in support of, or opposition to, the subject applicant. The following resolution was passed. Resolution No. 6 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A-05/07 for 11 Gowrie Street East, subject to the following conditions: 1) Prior to the Committee issuing their decision, the applicant shall amend her application to include variances from sections 6.2.1.1.6 `Rear Yard' from 12 m (39.3 ft.) to 2.79 m (9.1 ft.) and 6.2.1.1.8 'Interior Side Yard' from 1.5 m (4.9 ft.) to 1.2 m (4 ft.). 2) A building permit for the proposed additions shall be issued within one year of the date Page 4 MINUTES: Meeting for the Committee "Open Council" of the Committee's decision. "Carried" 5. Committee of Adjustment Application A-06107 (Mostrey) [j Presented By: Mr. Harry Shnider, Planner, County of Oxford Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the attached report. No persons appeared in support of, or opposition to, the subject applicant. The following resolution was passed. Resolution No. 7 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A-06107 for 8 Wood Haven Drive, 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; 6. Committee of Adjustment Application A-07107 (Dam D Presented By: Mr. Harry Shnider, Planner, County of Oxford Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the attached report. It was noted that applicant, Mr. Dalm, had been present earlier in the meeting. No persons appeared in support of, or opposition to, the subject applicant. The following resolution was passed. Resolution No. 8 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A-07107 for 140 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. "Carried" 7. Committee of Adjustment Application A-08107 (HarvW D Presented By: Mr. Harry Shnider, Planner, County of Oxford Page 5 MINUTES: Meeting for the Committee "Open Council' attached report. Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the It was noted that the agent from Four Seasons was ill and unable to attend the Council Meeting. No persons appeared in support of, or opposition to, the subject applicant. The following resolution was passed. Resolution No. 9 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A-08107 for 27 Adams Avenue be granted to reduce the rear yard to 8.2 meters, subject tot the following condition: 1) Minor Variance A-01107 is to be rescinded by motion of the Committee of Adjustment. "Carried" 8:00 P.M. DELEGATIONS 8. Tillsonburg Comprehensive Zoning By -Law Up -Date - Report to Council Presented By: Mr. Harry Shnider, Planner, County of Oxford TJ Comprehensize Zoning Bylaw Report. doc attached report. Mr. Harry Shnider, Planner, County of Oxford, appeared before Council and reviewed the Discussion was held and the following resolution was passed. Resolution No. 10 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT County of Oxford Report 2007-149, Tillsonburg Comprehensive Zoning By -Law Up -Date, be received and the recommendations contained therein be adopted. "Carried" 9. Correspondence from Auditor - Post Engagement Matters Ej Presented By: Mr. Douglas R.W. Slade, CA, Millard, Rouse, Rosebrugh, LLP s W d FS - 2006 -Water 070507.pdf FS - 2006 -Library 070507.pdf FS - 2006 - San Swr 070507.pdf FS - 2006 - Town of Tillsonburg - Consolidated 070507.pdf FS - 2006 - BIA 070507.pdf Page 6 MINUTES: Meeting for the Committee "Open Council" 14MN Mr. Slade appeared before Council and reviewed the attached report. The following resolution was passed. Resolution No. 11 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Consolidated Financial Statements, dated December 31, 2006, and the Post Engagement Matters letter dated April 30, 2007 be received. "Carried" 10. Voice of Youth Delegation Lj Presented By: Abbie Boesterd, Supervisor, VOY, and Ashley Verstraeten & Ben Hutchison, Co -Chairs, VOY Ashley Verstraeten and Ben Hutchison, Co -Chairs of the Voice of Youth Committee, In appeared before Council and presented the attached Power Point Presentation... •PPt They thanked Council for its support and for the grant which allowed a delegation to attend The Ontario Rural Council (TORC) Conference held March 6th in Belleville. QUARTERLY REPORTS 11.Oaerations Services 1 st Quarter 2007 Report D Presented By: Director of Operations Resolution No. 15 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT the 1 st Quarter Report for the Year 2007 dated May 4, 2007 from the Director of Operations be received. "Carried" 12. Community Services 1st Quarter Report Lei Resolution No. 16 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT the 1 st Quarter Report for the Year 2007 dated May 7, 2007 from the Director of Community Services be received. "Carried" CHIEF ADMINISTRATIVE OFFICER Page 7 MINUTES: Meeting for the Committee "Open Council" '000) 13. Tillsonburg Hydro Inc Staffing and Board of Directors Composition 12lih; dgs441 C0.pdf Resolution No. 17 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the correspondence dated April 11, 2007 from Tillsonburg Hydro Inc. be received and referred to the CAO for review and report. "Carried" OPERATIONS 14. Proposed Transfer Station Relocation- Newell Road D Presented By: Director of Operations Resolution No. 18 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT Report O 2007-15 from the Director of Operations regarding 'Proposed Transfer Station Relocation - Newell Road' be received. "Carried" 15.62 North Street East Drainage Review Report D Presented By: Director of Operations Resolution No. 19 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT Report O 2007-15 from the Director of Operations regarding '62 North Street East - Drainage Review' be received. "Carried" 16.County of Oxford Sewage System Management Agreement Report Presented By: Director of Operations County of Oxford Sewage System Agreement Report May 10 2007.doc Page 8 MINUTES: Meeting for the Committee "Open Council" /001� T L -J Tillsonburg-Sewage System Management Agreement 2007.doc T-1 Tilsonburg OBC Part S agreement cvr Itr 2007(2).doc Resolution No. 20 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Report O 2007-18 from the Director of Operations regarding the'County of Oxford Sewage System Management Agreement' be received. AND FURTHER THAT the Mayor and CAO be authorized to execute the Sewage System Management Agreement with the County of Oxford. "Carried" COMMUNITY SERVICES 17. Minor Hockey - Allocation of Space Infor mradon fiem Minor Hockey Space Alocations.doc Resolution No. 21 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Staff Report dated April 26, 2007 regarding Minor Hockey's Request - Allocation of Space - be received as information. "Carried" 18. Station Arts Centre RE: Grant Application and Request for a Service Agreement gti Station Arts Centre. pdf Resolution No. 22 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the correspondence received from the Station Arts Centre, dated May 2, 2007, regarding a grant application and request for a service agreement, be forwarded to the Director of Community Services for review and report; AND FURTHER THAT the presentation be made by the first meeting in June or sooner. "Carried" Page 9 MINUTES: Meeting for the Committee "Open Council" el*^� CORPORATE SERVICES 19. CIP Application 103 -117 Broadway (Heaths) D Presented By: Michael Graves Resolution >No. 14 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Council approve the Community Improvement Application for 103 -117 Broadway (Heaths) and approve the rebate for Building permits/Development Charges; AND FURTHER THAT a by-law, being a Community Improvement Agreement with the owner of 103 -117 Broadway (Heaths), be brought forward for the Assessment Rebate for Council consideration. "Carried" 20. Power and Sail Squadron Banner Request D Presented By: Michael Graves Resolution >No. 13 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Report C 2007-24 from the Director of Corporate Services regarding 'Banner Request - Tillsonburg Power and Sail Squadron' be received; AND THAT Council continue to adhere to the Banner policy. "Carried" 21. Nikos Eatery & Bar - Request for Encroachment for Patio - Report C 2007-025 F1 9t Presented By: Director of Corporate Services Iayout4.pdf Resolution >No. 12 Moved by Councillor Lewis Seconded by Councillor Stephenson AND RESOLVED THAT Nikos Eatery and Bar be given an Encroachment Permit to allow for an outdoor patio as detailed in Report C 2007-025. "Carried" FINANCE 22. FI 2007-011 Revised 2007 Policing Costs Presented By: Director of Finance Page 10 MINUTES: Meeting for the Committee "Open Council" Resolution No. 23 Moved by Councillor Beres Seconded by Deputy Mayor Renaud AND RESOLVED THAT Report FI 2007-011 regarding 'Revised 2007 Policing Costs' be received as information. "Carried" 23.2006 Departmental Analysis n Presented By: Director of Finance Resolution No. 24 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT Report FI 2007-012 from the Director of Finance regarding '2006 Departmental Analysis' be received as information. "Carried" A resolution was passed to extend the curfew of the Meeting. .� Moved by Councillor Stephenson Seconded by Councillor Rosehart 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 May 14, 2007. "Carried" INFORMATION ITEMS 24. Information Item: April Library Board Meeting Minutes 25. Ministry of Agriculture. Food and Rural Affairs RE: Follow-up to Meeting at OGRA/ROMA Conference Maw _111j Ministry of Agriculture. pdf 26.2007 Ontario Family Fishing Weekend fagiN eool\ ad 2007 Ontario Family Fishing Weekend. pdf Page 11 MINUTES: Meeting for the Committee "Open Council" ?0'°1 > 27. County of Brant RE: jobacco Exit and Community Transition Strategy amow Brant.pdf 28. The Citizens Panel on Increasing Organ Donations Organ Donations.pdf 29. Brain Injury Association of London and Region RE: Brain Injury Awareness Month t/1 Brain lnjury.pdf 30. OMERS RE: 2006 Annual Report OMERS.pdf 31. Municipal Property Assessment Corporation (MPAC) t MPAC.pdf 32.Operation Sharing Operation Sharing.pdf NOTICE OF MOTION Notice of Motion RE: Overnight Parking on Town Streets between July 1st and October 15th em\ The following Notice of Motion was introduced by Councillor Stephenson, for consideration at the next Council Meeting - May 28, 2007. Page 12 MINUTES: Meeting for the Committee "Open Council" /OW\ "THAT staff bring forth a by-law to allow for overnight parking on Town streets between July 1st and October 15th of each year. The by-law should be brought forward at the May 28th Meeting." Notice of Motion RE: Recommended Changes to Procedural By -Law and Public Display of Voting The following Notice of Motion was introduced by Councillor Lewis, for consideration at the next Council Meeting - May 28, 2007. "THAT staff review and report back on recommended changes to Procedural By -Law 2978 Section 11.11 reconsideration to ensure more adherence to Robert's rules of order; AND THAT staff review and report to Council on the possibilities of all votes of Council being recorded along with a possible solution of displaying the current voting of Council for public display." RESOLUTIONS 33. Mr. and Mrs. Iry Horton RE: Maple Lane Reconstruction [1 Resolution No. 25 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT the correspondence from Mr. and Mrs. Iry Horton dated May 8, 2007 regarding Maple Lane Reconstruction be forwarded to AMON the Director of Operations. "Carried" 34. 153 Varnavair Royal Canadian Air Cadet Squadron RE: Tag Day Weekend May 25th and 26th 2007 T LegiorLpdf Resolution No. 26 Moved by Deputy Mayor Renaud AND RESOLVED THAT the 153 Varnavair Squadron Royal Canadian Air Cadets be granted permission to conduct their Annual Tag Day weekend May 25th and 26th, 2007, with rain dates of June 1st and 2nd, 2007, in the Town of Tillsonburg. "Carried" 35. House of Commons RE: Bill C-417 the Canadian Soldiers' and Peacekeepers' Memorial Wall Act House of Commons.pdf Resolution No. 27 Page 13 MINUTES: Meeting for the Committee "Open Council" Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT correspondence from Inky Mark, MP, be received; AND FURTHER THAT the Council of the Town of Tillsonburg endorses the concept of a National 'Memorial Wall' and that the attached petition be available at the Tillsonburg Customer Service Centre from May 15th to 26th, 2007. "Carried" 36. Mr. Ken Elku RE: Woodlots Elku.pdf Resolution No. 28 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the correspondence from Mr. Ken Elku, dated April 10, 2007 be forwarded to the Director of Corporate Services for information to be included in a future report on municipally owned woodlots. "Carried" 37. Tillsonburg Firefighter's Association RE: Boot Drive for Muscular Dystophy Firefighters Assoc. pdf Resolution No. 29 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT correspondence from the Tillsonburg Firefighter's Association be received and referred to the CAO for review and recommendation. "Carried" 38. Thames Valley District School Board RE: Accommodation Review Committee 2k 1 TVDSB.pdf Resolution No. 30 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT correspondence received from the Thames Valley District School Board, dated April 25, 2007, be received; AND FURTHER THAT Mayor Molnar be appointed to'Study Group 4' to represent the Council of the Town of Tillsonburg and that Council Stephenson be the alternate. "Carried" Page 14 MINUTES: Meeting for the Committee "Open Council' 39. Memorandum for the Seminar on Sister -City Cooperation Sister-City.pdf Resolution No. 31 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Report regarding the Seminar on Sister -City Cooperation between Hengshui and Tillsonburg be received and the principal goals of the document signed April 19, 2006 be adopted. "Carried" BY-LAWS 40. By -Law 3253 - To authorize the sale of land to Future Transfer Co Inc D (three readings) 41. By -Law 3254 - To authorize the sale of land to 2130542 Ontario Inc D (three readings) 42. By -Law 3255 - To authorize the sale of land to Future Transfer Co Inc D (three readings) 43. By -Law 3256 - To Renew An Agreement for Community Policing Partnership (three readings) U Bylaw 3256.doc 0 P T illsonburg. doc Resolutions Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3253 to authorize the sale of land to Future Transfer Co. Inc., By -Law 3254 to authorize the sale of land to 2130542 Ontario Inc., By -Law 3255 to authorize the sale of land to Future Transfer Co. Inc., and By -Law 3256 to renew an Agreement for Community Policy Partnership 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 Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and go into Committee of Page 15 MINUTES: Meeting for the Committee "Open Council" the Whole for the purpose of considering By -Law Numbers 3253, 3254, 3255 and 3256. eoft� "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Numbers 3253, 3254, 3255 and 3256 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3253 to authorize the sale of land to Future Transfer Co. Inc., By -Law 3254 to authorize the sale of land to 2130542 Ontario Inc., By -Law 3255 to authorize the sale of land to Future Transfer Co. Inc., and By -Law 3256 to renew an Agreement for Community Policy Partnership 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 ADJOURNMENT Meeting adjourned at 11:20 p.m. Approval Received: (1 of 1) Lana Lund/Tillsonburg (Friday May 18, 2007 11:25 AM) Town of Tillsonburg Page 16