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070709 Regular Council Meeting MinutesMINUTES: Meeting for the Committee "Open Council' Review Access: • Public C Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday July 9, 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 /40%\ Session. "Carried" Page 1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF None MINUTES & BUSINESS ARISING OUT OF THE MINUTES DJune 25, 2007 No. 2 Moved by Councillor Stephenson Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Minutes as prepared for the Council Meeting of June 25, 2007 be adopted. "Carried" ADOPTION OF AGENDA No. 3 Moved by Councillor Stephenson Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Agenda as prepared for the Council Meeting of July 9, 2007 be adopted. ?0011 "Carried" PRESENTATIONS PUBLIC MEETINGS 1. Committee of Adjustment Application A-11/07 - Rick Parrott Presented By: Mr. Harry Shnider, Planner, County of Oxford 919t Notice of Public Hearing... Notice Hearing Al 107,pdf 4. Comments from County of Oxford Planning Department... A-1 1 -07-T I L.pdf Mr. Harry Shnider, Planner, County of Oxford, reviewed the subject application and County Report, as attached. It response to a question, Mr. Shnider noted that the subject application was being brought forward at this time, due to a concern in the neighbourhood. This was an issue brought to his attention. Page 2 MINUTES: Meeting for the Committee "Open Council" Mr. Parrott, the applicant, appeared before Council. He noted that he understood the discussion, and offered his comments. Mr. Parrott stated that he thought he had done things correctly, and had paperwork to back it up. He felt the Building Inspector should have followed up to ensure the final inspection had been done. No others were present to speak in favour of the subject application Dr. Dale Springer, adjacent property owner to Mr. Parrott, appeared before Council. He spoke of issues that had been ongoing for a number of years, and noted that he felt it necessary to voice his opinion. Dr. Springer commented with respect to issues regarding property lines, and the more recent Building Code infractions. He added that he felt Mr. Parrott should be held accountable for his actions and, based on these issues and infractions, could not support the subject application. The property owner at 25 Hillyndale appeared before Council and also noted his concerns regarding property lines, as well as the subject Building Code infractions. He added that it was when the Building Inspector was called in to examine their protests that it was determined the property was not in compliance with the Code. Mayor Molnar asked for confirmation that Mr. Parrott had been charged a penalty. Mr. Shnider responded that, it was his understanding, the Town had enforced the policy and Mr. Parrott had paid extra. Councillor Lamb noted that he could not support the application, and commented that the building height is not in compliance and by supporting this application, it would be precedent setting. /'� The CAO commented that Minor Variance applications have to be addressed on their own merits, as each one is different. The Committee of Adjustment has to consider what the intent of the by-law is and each application stands on its own. On that basis, the Committee renders its decision. No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution No. 4 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the Tillsonburg Committee of Adjustment approve Application A-11107 for 23 Hillyndale Road, subject to the following conditions: 1) The applicant shall submit a revised building permit application to the Town's Building Department within thirty days of the date of the Town issuing the Notice of No Appeal from the Committee's decision. Drawings in support of the permit application shall be prepared by a qualified individual and shall show revised roof truss design and other necessary information required by the Town's Building By -Law, and the Ontario Building Code. "Carried" All were in favour, except Councillor Lamb. DELEGATIONS Page 3 MINUTES: Meeting for the Committee "Open Council" 2. Comprehensive Zoning By -Law Up -Date - Interim Report Presented By: Mr. Harry Shnider, Planner, County of Oxford Council Rpt Jul 9.pdf Resolution No. 5 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the Council of the Town of Tillsonburg receive County of Oxford Report No. 2007-215 'Comprehensive Zoning By -Law Up -Date - Interim Report' as information. "Carried" I Proposal to Provide Fire Dispatch & Base Communications Services to Norfolk Counly Presented By: Fire Chief Bob Parsons I Ti - Council Report Norfolk County 04 July 07.doc Council Report Chippewas 04 July 07.doc costingAs Norfolk & Chippewas Communications Business Case. pptx Resolution No. 14 Moved by Councillor Lewis Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Council of the Town of Tillsonburg enter into an agreement with the County of Norfolk for the supply of Fire Dispatch and Base Communications Services as described within the attached Proposal; AND FURTHER THAT, subject to approval of said Proposal by the Council of the Town of Tillsonburg and the Council of the County of Norfolk, a formal agreement will be introduced in the form of a By -Law to be signed by each respective Council. "Carried" No. 15 Moved by Councillor Stephenson Seconded by Deputy Mayor Renaud AND RESOLVED THAT the Council of the Town of Tillsonburg enter into an agreement with The Chippewas Of The Thames First Nation for the supply of Fire Dispatch and Base Communications Services as described within the attached Proposal; AND FURTHER THAT, subject to approval of the said Proposal by the Council of the Town of Tillsonburg and the Band Council of the Chippewas Of The Thames First Nation, a formal agreement will be introduced in the form of a By -Law to be signed by each respective Council. "Carried" Page 4 MINUTES: Meeting for the Committee "Open Council" QUARTERLY REPORTS CHIEF ADMINISTRATIVE OFFICER 4. Governance - Tillsonburg Hydro Inc. - Board of Directors Composition [i Presented By: CAO Report Governance 3July 2007.doc Resolution No. 6 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT Report CAO 2007-006, regarding 'Governance - Tillsonburg Hydro Inc. - Board of Directors, be received. "Carried" 5. Site Deficiencies - E. Mitchell Property Presented By: CAO N -F,1 el"1 Report July 9 2007.docx ElvyMitchell.pdf Resolution No. 7 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT costs be obtained to address the outstanding issues as detailed in Letter of Agreement under date of July 25th on a prioritized basis and consideration be given to fund out Security Funds held on behalf of Aspden Developments Inc. "Carried" OPERATIONS 6. Proposed Transfer Station Relocation Newell Road- Supplementary Report Presented By: Director of Operations Proposed Transfer Station Relocation - Newell Road - Supplementary ReportJuly 6 2007.doc Proposed Transfer Station Relocation - Newell Road - Public Comment Review June 21, 2007.doc f Proposed Transfer Station Relocation - Newell Road - Status Report June 8 2007.doc ProposedTransfer Station Relocation Newell Road May 4 2007.doc g3t24400.pdf Page 5 MINUTES: Meeting for the Committee "Open Council" Resolution No. 8 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT Staff Report 02007-28 from the Director of Operations dated July 6, 2007, regarding the'Proposed Transfer Station Relocation Newell Road - Supplementary Report', be received. "Carried" COMMUNITY SERVICES 7. Community Arena Floor Project Update In L Arena Floor Project Update 7 4 2007.doc Community Arena Floor Project Update 7 4 2007.doc Resolution No. 9 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT the Staff Report from the Director of Community Services dated July 4, 2007, regarding the'Community Arena Floor Project Update', be received as information. "Carried" 8. Skateboard Park Tender Results Skateboard Park Project Recommendations. doc Skateboard Park Tender Results July 2007.doc Landscaping Skatepark & Tender Results.pdf Reid & Deleye.pdf skateparks cost per sgft.pdf Resolution No. 10 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Tender T-2007-012 be awarded to Reid and DeLeye Contractors Ltd for $121,464.42 plus gst and that the half pipe extra for $5,724 also be awarded to Reid and DeLeye for a total value of $ 127,188.00; AND FURTHER THAT staff be authorized to complete landscaping as detailed in the landscaping plan for a cost not to exceed $7,500. "Carried" CORPORATE SERVICES "®' 9. Part Lot Control Removal - Baldwin Place D Page 6 MINUTES: Meeting for the Committee "Open Council" Resolution No. 11 Moved by Councillor Stephenson Seconded by Deputy Mayor Renaud AND RESOLVED THAT the lands consisting of Lots 57 and 58, Reg. Plan 41 M-182, on the attached Draft Reference Plan prepared by Kim Husted Surveying Ltd., Town of Tillsonburg, be exempted from Part Lot Control and that the County be requested to enact the necessary exempting by-law as well as entering into a standard Part Lot Control Agreement with the applicant. "Carried' FINANCE INFORMATION ITEMS NOTICE OF MOTION Councillor Stephenson filed the following 'Notice of Motion', for consideration at the next regular Council Meeting, August 13, 2007. "THAT staff be directed to bring a report on changing the parking by-law to allow residents without driveways at their residence a permit to allow for on street overnight parking in front of their residence. This report will be brought back at the subsequent meeting." RESOLUTIONS 10. Association of Municipalities of Ontario RE: Municipal Delegation Request - Annual Conference AMO - Delegates.pdf Resolution No. 12 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT, through the CAO's office, all Municipal Delegation Request applications for the AMO Conference be submitted prior to Monday, July 23, 2007. "Carried" 11. Municipality of Bayham RE: Port Burwell Harbour - Potential International Ferry Service rppdiR; Bayham.pdf Page 7 MINUTES: Meeting for the Committee "Open Council" Resolution No. 13 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the correspondence received from the Municipality of Bayham regarding Port Burwell Harbour - Potential International Ferry Service, dated June 22, 2007, be received; AND FURTHER THAT the CAO be directed to prepare a report and recommendations. "Carried" BY-LAWS 12. By -Law 3269 - Columbaria Regulations By -Law [(third reading) �L 3269.doc Columbarium Regulations 6 2007.doc 13. By -Law 3277 - To Remove Holding Provision (Victoria Wood) [j(three readings) Resolutions > Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3277 to amend Zoning By -Law 1994, as amended (Victoria Wood) 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 the Whole for the purpose of considering By -Law Numbers 3277. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Numbers 3269 and 3277 as passed in Committee without amendment. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3269 to adopt a Town of Tillsonburg Rules and Regulations for Columbaria in the Tillsonburg Cemetery be given third and final reading and he Mayor and Clerk be and are hereby authorized to sign the same and place the Corporate Seal thereunto. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3277 to amend Zoning By -Law 1994, as amended (Victoria Wood) 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 110� thereunto. "Carried" Page 8 MINUTES: Meeting for the Committee "Open Council" ITEMS OF PUBLIC INTEREST By -Law'. Councillor Lewis asked staff, through the CAO, to follow-up regarding a 'Housekeeping CLOSED MEETING SESSION CONTINUED ADJOURNMENT Meeting adjourned at 9:30 p.m. Approval Received: (1 of 1) Lana Lund/Tillsonburg (Tuesday July 17, 2007 11:45 AM) Town of Tillsonburg Page 9