COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 Page 271 The Council of the Township of East Zorra-Tavistock met in the Council Chambers of the Hickson Municipal Office, Hickson, Ontario at 10:00 a.m. on Wednesday, August 7, 2013. Members present: Mayor Don MCKAY (arrived at 10:20 a.m.) and Councillors Linda FULTON, Don LAZENBY and Don MACDONALD and Jeremy SMITH Members absent: Deputy Mayor Maureen RALPH and Councillor Clive LAWRY Staff present: CAO Jeff Carswell, Clerk Brenda Junker and Chief Building Official John Scherer. In the absence of the Mayor and Deputy Mayor, the Clerk called the meeting to order at 10:12 a.m. and called for a motion appointing a member of Council to chair the meeting until the arrival of the Mayor. Lazenby to Chair Meeting 1. Moved by Linda FULTON Resolved that Don LAZENBY be appointed to chair the meeting until the Mayor arrives. Approve Agenda 2. Moved by Jeremy SMITH Resolved that Council approve the agenda for the July 3, 2013 meeting as printed and circulated and further that the following be added to the agenda for this meeting: Supplemental Agenda Larry Litt Concerns/Request re: Bond Estate Zone Change Application PECUNIARY INTERESTS: Councillor Don MACDONALD in item 7.c Mayor Don MCKAY in Item 5.c Confirm Minutes 3. Moved by Linda FULTON Resolved that Council confirm the minutes of the July 3, 2013 meeting as printed and circulated. July 2013 Pay Voucher 4. Moved by Jeremy SMITH Resolved that Council adopt the July 2013 Pay Voucher in the amount of $667,593.35.
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 272 Correspondence & Reports No Resolutions GRCA Current July 2013 Monthly Public Works/Drainage/Development Activity Report Staff Report #CAO2013-29 Retirement Gift Policy (will be brought back for further consideration at a future Council meeting) East Zorra-Tavistock Police Services Board July 2013 Minutes Tavistock & District Recreation Facilities Board - June 2013 Minutes Correspondence & Reports Resolutions Following Public Hearing MVA-8-2013 of Dan Kalbfleisch PUBLIC HEARING - MINOR VARIANCE APPLICATION #A-8-2013 of Dan Kalbfleisch, Parts 6, 7, 10, 11 & 13, RP 41R8915 (Tavistock) At 10:20 a.m. Council, constituted as Committee of Adjustment, considered Minor Variance Application #A-8-2013 of Dan Kalbfleisch. Planner Matthew Blevins presented his Planning Report #2013-215. The applicant was present for the Hearing and spoke to his application. The Mayor assumed the chair. Approve Minor Variance Application 5. Moved by Linda FULTON Resolved that Council, constituted as Committee of Adjustment, approves Minor Variance Application #A-8-2013 of Dan Kalbfleisch, Parts 6, 7, 10, 11 & 13, RP 41R8915 for permission for Relief from Section 12.5.19.2.1 Front Yard Minimum Depth; to reduce the required front yard minimum depth from 6 m (20 ft.) to 5 m (16.4 ft.) to facilitate construction of a single detached dwelling with attached garage as the variance requested - 1. is a minor variance from the provisions of the Township of East Zorra-Tavistock Zoning By-law 2003-18; 2. is desirable for the appropriate development or use of the land, building or structure; 3. is in keeping with the general intent and purpose of the Township of East Zorra-Tavistock Zoning By-law No. 2003-18; and 4. is in keeping with the general intent and purpose of the Official Plan of the County of Oxford;
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 273 Resolution #5 Cont d And further that the approval is subject to the following conditions: i) that the relief granted regarding Application A-08-2013 apply only to allow the construction of the dwelling and garage in a manner largely in keeping with that illustration on Plate 3 of Report No. 2013-215, to the satisfaction of the Township of East Zorra-Tavistock Chief Building Official. David Divell Request to Rename James Street, Innerkip. Also considered at this time was a petition from residents of Innerkip suggesting a different name if street name was to be changed. Deny Request to Rename James St, Innerkip 6. Moved by Jeremy SMITH Seconded by Don LAZENBY Resolved that Council deny the request to change the name of James Street, Innerkip, and further instruct staff to add the names Divell and Matheson to a list of names for future street consideration in Innerkip. To Public Meeting 7. Moved by Don LAZENBY Resolved that Council does now adjourn to a Public Meeting in accordance with the provisions of the Planning Act at 10:34 a.m. Public Meeting for Zone Change Application ZN2-13- 02 of Paulette Roth PUBLIC MEETING ZONE CHANGE APPLICATION #ZN2-13- 02 of Paulette Roth, Part Lot 36, Concession 15 (East Zorra) Matthew Blevins, Planner with the County of Oxford Planning Department, was present to present his report #2013-212 on zone change application ZN2-13-02 to rezone lands from Special Highway Commercial Zone (HC-2) to Special Highway Commercial Zone (HC-6) to permit the addition of Public Storage Warehouse as a permitted use. The applicant and her son, Andrew Roth, were present for the meeting. Council Reconvenes 8. Moved by Jeremy SMITH Seconded by Don LAZENBY Resolved that the Public Meeting does now adjourn and Council reconvenes at 10:40 a.m.
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 274 Approve Roth ZCA, in principle 9. Moved by Linda FULTON Resolved that Council approve, in principle, Zone Change Application #ZN2-13-02 of Paulette Roth whereby lands consisting of Part of Lot 36, Concession 14 (East Zorra), East Zorra-Tavistock are to be rezoned from Special Highway Commercial Zone (HC-2) to Special Highway Commercial Zone (HC-6) to permit the addition of Public Storage Warehouse as a permitted use, and further that the matter be referred to by-laws. Oxford County Library re: Request to Reopen Hickson Library Not Reopen Hickson Library at Present Time Discussion was held regarding a request to reopen the Hickson Library. As Oxford County Library is not interested in reopening it as a branch, the township would have to take on the project. The issue will be considered as Council develops a plan for overall use of the former Loveys property. The Mayor vacated the Chair. Councillor Don Lazenby assumed the chair in the absence of the Deputy Mayor. To Public Meeting 10. Moved by Linda FULTON Resolved that Council does now adjourn to a Public Meeting in accordance with the provisions of the Planning Act at 10:58 a.m. Public Meeting for Zone Change Application ZN2-13-3 of Ernest Bond Estate PUBLIC MEETING ZONE CHANGE APPLICATION #ZN2-13- 03 of E. Bond Estate, Lot 15, Concession 12 (East Zorra) Matthew Blevins, Planner with the County of Oxford Planning Department, was present to present his report #2013-212 on zone change application ZN2-13-02 to rezone lands from Estate Residential Zone (ER) to Rural Residential Zone (RR) to facilitate the severance of the subject lands to create a vacant building lot for residential development. Executrix Jeanine Pallister was present for the meeting. Also considered at this time was correspondence from neighbouring property owner, Larry Litt, requesting an increase in the sideyard setback from his property line. Council Reconvene 11. Moved by Linda FULTON Resolved that the Public Meeting does now adjourn and Council reconvenes at 11:16 a.m.
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 275 Approve Bond Estate ZCA, in principle 12. Moved by Jeremy SMITH Resolved that Council approve, in principle, Zone Change Application #ZN2-13-03 of the Estate of Ernest E. Bond whereby lands consisting of Lot 15, Concession 12, East Zorra-Tavistock are to be rezoned from Estate Residential Zone (ER) to Rural Residential Zone (RR) to facilitate the severance of the subject lands to create a vacant building lot for residential development; And further an amending Zoning By-law will be brought before Township Council once the applicant has submitted the required survey of the subject property. The Mayor resumed the chair. Southwest Chapter of OBOA re: Proposed Requalification of Building Officials Not Support Requalification of Building Officials 13. Moved by Don LAZENBY Whereas, municipal building officials are the main practitioners of the Ontario Building Code (OBC) and use the OBC on a daily basis in the carrying out of their duties; And whereas Bill 124 passed in 2005 required all municipal building officials to undertake a series of qualification exams; And whereas a subsequent regulation 332/12 (knowledge and maintenance examinations) requires our already qualified officials to re-qualify by taking a similar series of qualification exams again; And whereas this requalification process will provide municipalities with financial hardships in terms of registration costs, mileage costs, days away from the office to undertake their regular duties in performing timely inspections that is expected by the building industry; And whereas, municipal building officials acknowledge the need to stay current with legislation and to undergo necessary training to do so; And whereas, the builders and home owners will suffer slower response time for building permits and inspections until all of the building officials are qualified.; And whereas, there may be an increase to permit fees to absorb the additional costs due to training/courses, examinations, travel, accommodations, additional staffing.;
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 276 Resolution #13 Cont d Now, therefore, THE TOWNSHIP OF EAST ZORRA-TAVISTOCK, in support of the Southwestern Chapter of the Ontario Building Officials Association resolves: 1. That any amendments to the OBC include provisions for training opportunities rather than requalification examinations as the means by which building officials remain current of changes to the OBC; 2. That municipal building officials, as the primary practitioners of the OBC, receive the same treatment as plumbers, electricians, professional engineers and architects with regards to exemption from requalification; 3. That the negative impact and delays that Ontario regulation 332/12 will have on the issuance of permits, inspections and response times to inquiries by municipal building officials should be taken in to consideration; 4. That municipalities and taxpayers be spared the cost of knowledge and maintenance examinations under the proposed amendment to the OBC which will provide undue hardship to municipalities through lost productivity, early retirement and costs associated with the 13 categories of examinations required by fully qualified inspectors. Petition for Improvements to Joseph Matheson Drain Accept Petition Joseph Matheson Drain CBO Report July Building Permit Report 14. Moved by Don MACDONALD Resolved that Council accept the Drainage Petition from various property owners for improvements to the Joseph Matheson Drain in the area of Lots 10, 11 & 12, Conc. 15 in the Township of East Zorra-Tavistock, and further instruct the Clerk to notify the Upper Thames River Conservation Authority of the Township s intention to appoint an engineer. At 11:35 a.m., Chief Building Official John Scherer attended Council to report on the following matters: Building Permit Report Answer various questions of Council 15. Moved by Linda FULTON Resolved that Council adopt the July 2013 Building Permit Report of C.B.O. John Scherer showing 22 permits issued at an estimated value of $1,528,640.00.
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 277 Staff Report #PW2013-11 Appoint Engineer for Joseph Matheson Drain Appoint K Smart Associates for Joseph Matheson Drain Report 16. Moved by Don MACDONALD Seconded by Don LAZENBY Resolved that Council appoint K. Smart Associates Ltd. as engineer to prepare a survey plan and report on the petition for improvements to the Joseph Matheson Drain in the area of Lots 10, 11 & 12, Concession 15, Township of East Zorra-Tavistock. Staff Report #TC2013-06 Approvals for 2014 Municipal Election Approvals for 2104 Municipal Election 17. Moved by Linda FULTON Resolved that Council adopt the recommendations in Staff Report #TC2013-06 dated August 1, 2013 regarding approvals required for the 2014 Municipal Election. Recommendations Adopted from Report #TC2013-06 Vote By Mail / Tabulator RFP 1. That Council approve the use of Vote by Mail for the 2014 Municipal Election using Datafix as the service provider. 2. That Council authorize staff to participate in an RFP for lease of a vote tabulation system for the 2014 Municipal Election. Councillor MACDONALD left the table BY-LAWS 1 st & 2 nd Reading 18. Moved by Linda FULTON Resolved that the following by-laws be read a first and second time: 2013-32 By-law to Amend Employee Appointment By-law #2010-21 2013-33 By-law to Establish Employment Terms and Conditions for Employees 2013-34 By-law to Amend Zoning By-law #2003-18, as amended (ZN2-13-02 Roth) 2013-35 By-law to Amend Zoning By-law #2003-18, as amended (ZN2-12-04 BLZ Developments)
COUNCIL MEETING OF WEDNESDAY, AUGUST 7, 2013 CONTINUED Page 278 3 rd Reading 19. Moved by Don LAZENBY Seconded by Linda FULTON Resolved that the following by-laws be read a third and final time: 2013-32 By-law to Amend Employee Appointment By-law #2010-21 2013-33 By-law to Establish Employment Terms and Conditions for Employees 2013-34 By-law to Amend Zoning By-law #2003-18, as amended (ZN2-13-02 Roth) 2013-35 By-law to Amend Zoning By-law #2003-18, as amended (ZN2-12-04 BLZ Developments) Councillor MACDONALD returned to the table. Items for Future Consideration Councillor LAZENBY requested that two items be put on a list for future consideration by staff and Council: 1. That staff consider a Burn Permit system for East Zorra- Tavistock 2. Agreement required with UTRCA for the Arboretum on Oxford Road 4 Confirming By-law 20. Moved by Linda FULTON Resolved that by-law #2013-36 being a by-law to confirm the proceedings of Council held Wednesday, August 7, 2013 be read a first, second and third time this 7th day of August, 2013 and further that the Mayor and Clerk are hereby authorized to sign the same and affix the corporate seal thereto. Adjourn 21. Moved by Don LAZENBY Resolved that Council does now adjourn at 12:10 p.m. Brenda Junker, Clerk Don McKay, Mayor