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080811 Regular Council Meeting Minutese*1*1`. MINUTES: Meeting for the Committee "Open Council" Review Access: • Public Q Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday August 11, 2008 07:00 PM Council Chambers Chair: Stephen Molnar orders of the Day: Call to Order Closed Meeting Session Dlsdosure 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 Commun'!ty Services Corporate Servicers Finance trdbilnation [tem Notice of Motion Resolutions By -Laws Items of Public Interest Close Meeting Session continued Adjournment CALL TO ORDER CLOSED MEETING SESSION /Oftk� No.1 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move into Closed Session. "Carried" Page 1 MINUTES: Meeting for the Committee "Open Council" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF P MINUTES & BUSINESS ARISING OUT OF THE MINUTES 1. July 14, 2008 No. 2 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT the Minutes as prepared for the Council Meeting of July 14, 2008 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 August 11, 2008 be adopted, as amended with the addition of: • Delegation - Mr. Barry McLuhan. "Carried" �1 PRESENTATIONS PUBLIC MEETINGS 2. Consent Report for Lots 1690 and 1691, Plan 500, 35 & 37 Ball F-) Presented By: Jason Juhasz Mr. Jason Juhasz, Planner, County of Oxford, reviewed Planning Report 2008-210, as attached. Mr. Paul Veldman, owner and applicant, was present, and prepared to answer any questions that may arise. Mayor Molnar requested that Council be informed within 5 days of the Oxford County Land Division Committee's decision, as well as any subsequent information relating to the subject file. Mr. Juhasz confirmed that he would ensure that happened. Mr. Veldman acknowledged that he is in agreement with the conditions contained in the Planning Report. No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. Resolution Page 2 r�1 MINUTES: Meeting for the Committee "Open Council" DELEGATIONS No. 4 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the Council of the Town of Tillsonburg advise the Oxford County Land Division Committee that it is in favour of the application for consent and for partial discharge of mortgage to create a low density residential lot, at Lots 1690 & 1691, Reg. Plan 500, subject to the conditions contained in County of Oxford Planning Report 2008-210. "Carried" Mr. Barry McLuhan appeared before Council with additional information regarding his request to purchase Corporate property along Lake Lisgar, abutting his residential property, for the purposes contained in the correspondence. Mr. McLuhan wanted to ensure that Council members were looking at the correct parcel of property, and provided additional information, including the attached sketch and survey... sketch.Rdf He noted that he and his wife do maintain a large portion of the property, since purchasing the property, and the previous owners did the same. Mr. McLuhan went on to explain that the existing deck on his home has to be replaced, as t it's unsafe, and he would like to purchase the subject property to construct a new deck. Mr. McLuhan noted that Mr. Graves, the Director of Corporate Services, indicated he would be prepared to recommend an encroachment, however noting that notice could be given at any time to remove the deck. The Director of Corporate Services noted that an encroachment agreement would allow the Town to maintain ownership of the property, as it's often the Town's desire to maintain ownership of park lands and also of land along water. Mayor Molnar provided opportunity for questions from Council. In response to a question from Councillor Stephenson, Mr. McLuhan noted that there were no trees growing on the property. Councillor Lewis questioned why the Town couldn't sell the land, with the option of right of first refusal. Councillor Lamb noted that he had not talked to the LPRCA, and they would be very much involved before the property could be sold. The following resolution was passed. No. 5 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the material as presented by Mr. Barry McLuhan this date, regarding 17 Delevan Crescent, be received as information. "Carried" Page 3 MINUTES: Meeting for the Committee "Open Council" Council moved to Agenda Item 16. Councillor Lewis introduced a motion to defer. Discussion was held. Councillor Lewis withdrew his motion to defer. The Director of Corporate Services noted that time is running out for this proposal. The following resolution was passed. No. 6 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Council receive Report C2008-030 and offer the McLuhan's of 17 Delevan Crescent an encroachment agreement to allow for the construction of a deck while maintaining the access to the property, with agreeable conditions. "Carried" The Director of Corporate Services and Mr. and Mrs. McLuhan to discuss conditions, as noted in Resolution No. 6. QUARTERLY REPORTS 3.Operations Services Report 02008-26 - Operations 2008 Second Quarter Report D Presented By: Director of Operations Resolution > No. 7 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Operations Services Report 02008-26 - 2nd Quarter Report for the Year 2008 dated July 16, 2008 from the Director of Operations be received. "Carried" i 4. Corporate and Finance Quarterly Report D Presented By: Michael Graves Resolution > No. 8 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report dated August 5, 2008 regarding Corporate Services and Finance 2nd Quarter Report for the Year 2008 be received as information. "Carried" 5. Fire 2nd Quarter Report D Resolution > No. 9 Moved by Councillor Beres Presented By: Richard Hayes Page 4 P"R1 MINUTES: Meeting for the Committee "Open Council" Seconded by Councillor Lewis AND RESOLVED THAT the Staff Report regarding the Tillsonburg Fire & Rescue Services 2nd Quarter Report for the Year 2008 be received as information; AND FURTHER THAT a comprehensive status report on the Master Fire Plan be prepared for Council for September 2008. "Carried" 6. Economic Development 2nd Quarter Report F) Presented By: Cephas Panschow Resolution > No. 10 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Staff Report dated August 11, 2008 regarding Economic Development Services 2nd Quarter Report for the period ending June 30, 2008 be received as information. "Carried" 7. Community Services 2nd Quarter Report Presented By: Cynthia Hildebrand CS Second Quarter 2008 rr.doc Resolution > No. 11 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Staff Report dated August 5, 2008 regarding the Community Services Department 2nd Quarter Report for the Year 2008 be received as information. "Carried" CHIEF ADMINISTRATIVE OFFICER OPERATIONS 8. Operations Services Report 02008-30 - Reynolds Drive Parking Options Report D Presented By: Director of Operations Resolution > No. 12 eft� Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT Operations Services Report 02008-30, dated July 21, 2008, be received; Page 5 MINUTES: Meeting for the Committee "Open Council" AND FURTHER THAT staff be directed to proceed to tender for the 32 space - 90 degree parking option No.2. "Carried" 9.Operations Services Report 02008-27 Mill Pond Estates Shoring Wall Stabilization D Presented By: Director of Operations Resolution > No. 13 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT Operations Services Report 02008-27 regarding Mill Pond Estates Shoring Wall Stabilization be received. "Carried" 10. Tender Results Mill Pond - Wall Stabilization [) Presented By: Director of Operations Resolution > No. 14 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT Operations Services Report 02008-28 from the Director of Operations dated August 6, 2008 be received; AND FURTHER THAT Tender T2008-005 - Mill Pond Estates Shoring Wall Stabilization be awarded to Sierra Construction of Woodstock, Ontario at a cost of $150,000.00. "DEFEATED" Recorded Vote: Yea Nay Beres, D. X Lamb, S. X Lewis, F. X Molnar, S. X Renaud, M. X Rosehart, C. X Stephenson, B. X "Motion was defeated 4-3." NOTE: Another resolution was introduced under'RESOLUTIONS', below. It also was defeated. 11. Operations Services Report 02008-29 -County Master Transportation Plan -Vienna Road D Presented By: Director of Operations Resolution > No. 15 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Operations Services Report 02008-29 from the Director of Operations dated July 21, 2008 be received; Page 6 MINUTES: Meeting for the Committee "Open Council" AND FURTHER THAT the Town of Tillsonburg pass a resolution, to forward to the County of Oxford, supporting downloading to the Town of Tillsonburg from the County of Oxford the 0.3km portion of Vienna Road from the Trillium railways tracks to the south town limit. "Carried" 12. Tillsonburg Hydro Inc. Strategic Plan Presented By: Director of Operations gko44500.pdf Resolution > No. 16 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT Tillsonburg Hydro Inc. be contacted to schedule a Joint Hydro Board Meeting with Tillsonburg Town Council. "Carried" COMMUNITY SERVICES > 13. Skate Shop Presented By: Cynthia Hildebrand @ �-- 0% Report Request for Proposal Tillsonburg Skate Shop.doc Tillsonburg Skate Shop Proposal.pdf REQUEST FOR PROPOSAL PROSHOP AD.doc Request for Proposal- Proshop 2008-2010.doc Resolution > No. 17 Moved by Councillor Rosehart Seconded by Councillor Stephenson AND RESOLVED THAT Council authorize staff to enter into a contract with Michael Papaioannau, for skate sharpening at the Tillsonburg Community Centre. "Carried" 14. Tillsonburg Tri -County Agricultural Society Vision Statement and Goals TTCAS Vision Statement.pdf Resolution > No. 18 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT the correspondence providing the Tillsonburg Tri -County Agricultural Society Vision Station and Goals be received as Page 7 MINUTES: Meeting for the Committee "Open Council" information and forwarded to Senior Management for review and report. "Carried" CORPORATE SERVICES 15. Appeal of Development Coordinating Decision Re: Joseph Street and Maple Lane Intersection D Presented By: Michael Graves NOTE: Mr. Mike Rusnak requested in writing this date that Agenda Item 15 be deferred to the Council Meeting of September 8, 2008. Resolution > No. 19 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Council ratify the decision of the Development Coordinating Committee and that visibility be improved in the area of the Joseph Street and Maple Lane intersection. "Deferred" 16. Request to Purchase Property adjacent to 17 Delevan Crescent 71 Presented By: Michael Graves NOTE: Please refer to DELEGATIONS (above). 17. Executive Summary t� o %L -Law 3335 - to Amend Rates and Fees Presented By: Michael Graves Executive Summary to By-law 3335 to amend rates and fees.doc Resolution > No. 20 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT By-law 3335 be brought forward for Council consideration. "Carried" 18. Executive Summary to By -Law 3332 - Stop Signs for Baldwin Phase 8 I = R _� Executive Summary to By-law 3332 Stop Signs for Baldwin Phase 8.doc Resolution Presented By: Michael Graves Page 8 ,/001 MINUTES: Meeting for the Committee "Open Council" > No. 21 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT By-law 3332 be brought forward for Council consideration. "Carried" 19. Executive Summary to By -Law 3333 - To Appoint Deputy Clerks Presented By: Michael Graves R__ Executive Summary to By-law 3333 To Appoint Deputy Clerks. doc Resolution > No. 22 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT By-law 3333 be brought forward for Council consideration. "Carried" 20. Executive Summary to By -Law 3334 - To Authorize an Agreement with the County of Oxford for the � provision of Water and Sewer Presented By: Michael Graves Executive Summary to By-law 3334 To Authorize an Agreement with the County of Oxford for the provision of Water and Sewer. doc Resolution > No. 23 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT By-law 3334 be brought forward for Council consideration. "Carried" 21. Executive Summary - Sale of Land to Powless and Simmonds Presented By: Michael Graves M Executive Summary to sale of Land to Powless and Simmonds.doc Resolution > No. 24 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT By -Laws be brought forward for the sale of land of Part of Block "C", Plan M-60. "Carried" Page 9 MINUTES: Meeting for the Committee "Open Council" FINANCE 22. By -Law 3329 - 2008 Hospital Payment In Lieu of Taxes () Presented By: Director of Finance Resolution > No. 25 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Council consider By -Law 3329 to establishing the 2008 Hospital Payment In Lieu of Taxes, levy amount and date due. "Carried" 23. FI 2008-023 Mileage Rates F) Presented By: Director of Finance Resolution > No. 26 Moved by Deputy Mayor Renaud Seconded by*Councillor Lamb AND RESOLVED THAT Report FI 2008-023 Mileage Rates dated July 15, 2008 from the Director of Finance be received as information; AND THAT mileage rates at $.52 per km effective September 1, 2008 be adopted and Schedule A to the Personnel Policy be updated; AND THAT mileage rates be adjusted annually effective January 1st based on the CRA/Federal Government approved rates in effect at that time. "Carried" INFORMATION ITEMS 24. Government of Canada Delivers Real Action For Tobacco Farmers and Their Communities News Release. pdf 25. AMO Communication: Canada and Ontario Sign Major Infrastructure Agreement AMO Communicatiorih6s09300.pdf NOTICE OF MOTION Councillor Stephenson proposed the following resolution... which was 'defeated'. No. 26 Moved by Councillor Stephenson Seconded by Councillor Lewis AND RESOLVED THAT Operation Services Report Page 10 MINUTES: Meeting for the Committee "Open Council" 2008-28, from the Director of Operations, dated August 6, 2008 be received; AND FURTHER THAT staff be instructed to immediately (i.e. tomorrow) seek tenders for the permanent fencing for the said property in the report; AND FURTHER THAT Council be asked to approve a tender award at the earliest possible date. "DEFEATED" (5-2) RESOLUTIONS BY-LAWS 26. By -Law 3329 - To Levy an Amount on a Public Hospital 2008 Hospital Levy Report.doc 2008 Hospital By-law 3329.doc 1001� 27. By -Law 3330 - Sale to Powless F) BYLAW NUMBER 3330.wpd 28. %L -Law 3331 - Simmonds By-law F) FEW -1 BYLAW NUMBER 3331.wpd 0 Presented By: Michael Graves Presented By: Michael Graves 29. By -Law 3332 - To amend Traffic By -Law 2997 (Stop Signs for Phase 8 of Baldwin Placed a Presented By: Michael Graves 30. By -Law 3333 - To Appoint Deputy -Clerks [) Presented By: Michael Graves 31. By -Law 3334 - To Authorize Water and Sewer Agreements with the County of Oxford. D Presented By: Michael Graves Page 11 MINUTES: Meeting for the Committee "Open Council" 32. By -Law 3335 - To Amend Rates and Fees By-law F) Presented By: Michael Graves Resolutions Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3329 to levy an amount on a Public Hospital; By -Law 3330 to authorize a sale to Powless; By -Law 3331 to authorize a sale to Simmonds; By -Law 3332 to amend Traffic By -Law 2997, as amended; By -Law 3333 to appoint Deputy Clerks; By -Law 3334 to authorize Water and Sewer Agreements with the County of Oxford; and By -Law 3335 to amend the Rates and Fees By -Law 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 3329, 3330, 3331, 3332, 3333, 3334 and 3335. "Carried" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Committee do now rise and report on By -Law Numbers 3329, 3330, 3331, 3332, 3333, 3334 and 3335 as passed in Committee without amendment. "Carried' Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3329 to levy an amount on a Public Hospital 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" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3330 to authorize a sale to Powless 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" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3331 to authorize a sale to Simmonds 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" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3332 to amend Traffic By -Law 2997, as amended 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" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-law 3333 to appoint Deputy Page 12 MINUTES: Meeting for the Committee "Open Council" Clerks 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" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3334 to authorize Water and Sewer Agreements with the County of Oxford 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" Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By -Law 3335 to amend the Rates and Fees By -Law 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 10:28 p.m. Approval Received: (1 of 1) Lana Lund/fillsonburg (Thursday August 14, 2008 05:16 PM) Town of Tillsonburg Page 13