Municipality of Strathroy-Caradoc - Council Meeting Agenda...

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Council Meeting Minutes – July 17, 2017

Municipality of Strathroy-Caradoc 52 Frank Street, Strathroy

Minutes of Council Meeting Monday, July 17, 2017

Regular Council Session 6:30 p.m. - Council Chambers

In-Camera Session 5:15 p.m. - Committee Room

IN CAMERA SESSION

1. Roll Call. Cell phones and pagers are to be turned off.Present: Mayor Joanne Vanderheyden

Deputy Mayor Brad Richards

Councillor Marie Baker

Councillor Dave Cameron

Councillor Steve Pelkman

Councillor Larry Cowan

Councillor Steve Dausett

Councillor Neil Flegel

Also Present: Greg McClinchey, Chief Administrative Officer

Angela Toth, Director of Corporate Services

Absent With Notice: Councillor John Brennan

2. Declaration of Pecuniary Interest. None.

3. Motion to Move in CameraMoved by Deputy Mayor Richards and Councillor Dausett:That: Council Move In-Camera to discuss personal, property matters and procedural matters, as

follows, in accordance with Council’s Procedural Bylaw and the Municipal Act, as amended: 3.1 Personal matters about identifiable individuals regarding a municipal awards program,

a Department re-organization and a contract employee, 3.2 A property matter with respect to a municipal housing corporation, 3.3 A property matter with respect to municipal industrial lands.

4. Conclude In Camera Session.Moved by Councillors Dausett and Pelkman:That: The In Camera session be closed. Carried.

The In-Camera meeting adjourned at 6:20p.m.

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OPEN SESSION

1. Roll Call. Cell phones and pagers are to be turned off.

Present: Mayor Joanne Vanderheyden Deputy Mayor Brad Richards

Councillor Marie Baker

Councillor Dave Cameron

Councillor Steve Pelkman

Councillor Larry Cowan

Councillor Steve Dausett

Councillor Neil Flegel

Absent With

Notice: Councillor John Brennan

Also Present: Greg McClinchey, Chief Administrative Officer

Angela Toth, Clerk, Director of Corporate Services

Ruth Alcaidinho, Deputy Clerk/Insurance Co-Ordinator

Matt Stephenson, Director Bldg/Planning Services

Jennifer Huff, Planner

Rob Lilbourne, Director Parks and Recreation Services

Mark Harris, Director Environmental Services

Bill Dakin, Treasurer, Director, Financial Services

Brian George, Fire Chief, Director, Fire Services

Doris Heisler

Joanne Berkmortel

Hubert Berkmortel

Sandra Congdon

Laura Berkmortel

Sue Looman

Jamie Looman

Lynn Huffman

Sue Hernandez

Syd Gatenby

Steve Riczu

Jonathan Barnett

Andy Robb

Jackie & Spence Donald

Al Tracey

Robert Sgotto, Middlesex Banner

Christ Soares, MyFM Strathroy

2. Declaration of Pecuniary Interest. None.

3. Approval of Minutes.Moved by Councillors Flegel and Cowan:That: the Regular Council Meeting Minutes of June 19, 2017 be approved as written. CARRIED.

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4. Presentations/Delegations/Petitions

4.1 Petition for Drainage Works – Brenair Farms Inc., Lot 2, 3, 4 & 5, Range 1 North.

McCracken-Carruthers Drain

Director Matt Stephenson presented the above noted drainage petition explaining the

Petition is to replace the McCracken-Carruthers Drain with new construction.

Moved by Councillor Cowan and Deputy Mayor Richards:

That: the petition for drainage works related to Brenair Farms – McCracken-Carruthers

Drain, Lot 2, 3, 4 & 5, Range 1 North, Municipality of Strathroy-Caradoc, be accepted;

and further that Spriet Associates be authorized to prepare an engineer’s report on

this matter. CARRIED.

4.2. Petition for Drainage Works – Brenair Farms Inc., S ½ Lot 3, Range 1 North

Richards-Griffith Drain

Director Matt Stephenson presented the above noted drainage petition explaining the

Request for a branch of the Richards-Griffith Drain to be constructed across Longwoods

Road to provide an outlet for lands north of Longwoods Road.

Moved by Councillors Dausett and Flegel:

That: the petition for drainage works related to Brenair Farms – Richards-Griffith Drain

South half Lot 3, Range 1, North, Municipality of Strathroy-Caradoc, be accepted;

and further that Spriet Associates be authorized to prepare an engineer’s report on

this matter. CARRIED.

5. Public Meetings

5.1. Public Meeting No. 1

The purpose of this public meeting is to consider a rezoning application for 8486-8494

Longwoods Road (Longwoods Lunch), D. Heisler.

5.1.1. Motion to open the public meeting.

Moved by Councillors Dausett and Baker:

That: the rezoning application for 8486-8494 Longwoods Road, Longwoods

Lunch, (D. Heisler) Strathroy-Caradoc, be hereby opened. CARRIED.

5.1.2. Report presented by Jennifer Huff, Planner.

A report was presented by Jennifer Huff, Planner explaining the application for

rezoning is to permit a restaurant in addition to those uses permitted within the

A2 zone. The Planner explained Zoning Bylaw 43-08 inadvertently rezoned the

subject lands into the site-specific rural commercial zone which only permits a

restaurant and did not permit the dwelling or secondary suite at that time . The

buildings and structures have been on the lands since 1940 and 1958

respectively. The owner has approached staff regarding the discrepancy

between the past and current zoning on this property and as such staff offered

that the subject lands be placed into a site specific A2# Zone – Agricultural Small

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Holdings. The Planner advised that two letters have been received from

neighbouring property owners which are provided with the planner’s report,

outlining concerns regarding the prematurity of application, delineation of property

boundaries, livestock use and environmental concerns. The Planner commented

that rezoning applications do not require submission of a property survey;

livestock uses are unlikely and would require to meet a separation requirement

relative to lot lines and nearby residential uses, and the County Engineer has no

concerns providing no new uses are proposed. Based on the Planner’s analysis,

staff recommend that the application for rezoning be approved as the application

would be consistent with the Provincial Policy Statement, conforms to both the

County and Municipal Official Plans and constitutes good planning.

5.1.3. Comments in support of the proposed rezoning.

Doris Heisler, spoke in support of the application explaining she has been owner

of the property since 1981 and was unaware that the zoning had been changed.

Ms. Heisler explained the septic system was updated twenty five years ago and

received the required approval from the Health Unit as the gas tanks have been

removed some time ago. There are two wells per residence. Ms. Heisler is

asking to have the zoning restored to what was there before.

5.1.4. Comments in opposition to the proposed rezoning.

Laura Berkmortel spoke in opposition to the rezoning application and is owner of

neighbouring property. Laura Berkmortel referenced the zoning bylaw of 2008

and whether at the time, the municipality had saw fit to change the zoning or that

this may have been an oversight. The question posed was whether this current

zoning could remain until such time a new owner comes in and makes a relevant

request to their proposal on the use of the property.

5.1.5. Questions and comments from Members of Council.

Councillor Dausett commented that there were a few similar zoning changes that

got lumped into the 2008 zoning bylaw (43-08) without notification to the residents

and property owners. Councillor Dausett is in support of the zoning request to

change the zoning of the subject lands to a site specific Agricultural Small

Holdings zone to permit a restaurant in addition to the uses permitted within the

A2 Zone to recognize all of the existing uses as permitted uses.

Councillor Cowan also commented that this application is simply righting a wrong.

Noting the concerns expressed by neighbours, Mr. Cowan also commented that

the concerns expressed do not apply to this correction. Any listed concerns, in

the case of a future sale, will be addressed at that time depending on what the

new plan or proposal for the property might be.

5.1.6. Decision/Resolution.

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Moved by Councillor Dausett and Baker:

That: the rezoning application for 8486-8494 Longwoods Road, Longwoods

Lunch, Strathroy-Caradoc, be approved; and further that the bylaw be

referred to the Consideration of Bylaws section of the meeting. CARRIED.

5.1.7. Motion to close the public meeting.

Moved by Deputy Mayor Richards and Councillor Cameron:

That: the public meeting to consider the rezoning application for 8486-8494

Longwoods Road, Longwoods Lunch, Strathroy-Caradoc, be hereby

closed. CARRIED.


The purpose of this public meeting is to consider a rezoning application for 75 Caradoc

Street South, Strathroy – Lots A and 1 Plan 265, Nauvoo Investments Ltd.


Moved by Councillors Flegel and Cowan:

That: the public meeting to consider the rezoning application for 75 Caradoc

Street South, Strathroy- Lots 1 and 1 Plan 265, Nauvoo Investments Ltd.,

be hereby opened. CARRIED.


Jennifer Huff, Planner, presented a report which outlined the purpose of this

rezoning is to change the zoning of the subject property from the General

Commercial (C1) Zone to a site specific General Commercial (C1#) Zone to

permit a contractor’s yard and shop, outdoor storage and self-service storage,

warehouse facility (Mini storage) as additional permitted uses for this property.

The subject property is approximately 1.49 acres located in the northeast corner

of the intersection of County Road 81 (Caradoc Street South) and English Street

in Strathroy just south of the CN Tracks. Presently the lands contain a number of

vacant and storage buildings which were previously occupied by Rona/Moffatt and

Powell. The applicant has submitted a preliminary site plan to show the proposed

use of the lands and buildings. The applicant’s intent is to divide the existing rear

storage buildings into separate contractor’s work shop facilities and storage areas.

The application intends to use of the shops to house small construction equipment

and other facilities to be rented to other contractor companies. The front building

is proposed to include a retail component, fitness centre and indoor storage area.

The site plan also illustrates locations of parking areas which largely reflect the

existing parking spaces on the site. The downtown core designation permits light

industrial uses as a secondary use. The proposed uses are similar in nature to

the previous use of the lands and not anticipated to negatively impact surrounding

land uses. It is staff’s opinion that the proposal represents an appropriate use of

the existing buildings/structures on the lands and that the proposed use may be

considered similar to the previous use of the lands. Appropriate on-site

buffer/compatibility measures such as parking, fencing, landscaping lighting and

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grading/drainage will be included as details within a further refined site plan. The

proposed zoning bylaw excludes storage and repair/operation of heavy

equipment. It is recommended that the lands be placed into a holding zone, until

such time as an appropriate site plan agreement is entered between the

Municipality and applicants. Based on the planner’s analysis and recognizing that

the subject proposal is consistent with the Provincial Policy Statement, in

conformity with the County of Middlesex Official Plan and represents good

planning, it is respectfully recommended that the rezoning be approved.

5.2.3. Comments in support of the proposed rezoning. None.

5.2.4. Comments in opposition to the proposed rezoning. None.

5.2.5. Questions and comments from Members of Council. None.


Moved by Councillors Pelkman and Cameron:

That: the rezoning application for 75 Caradoc Street South, Strathroy (Nauvoo

Investments Ltd.,), be approved; and further that the bylaw be referred to

the Consideration of Bylaws section of the meeting. CARRIED.


Moved by Councillors Baker and Cowan:

That: the public meeting to consider the rezoning application for 75 Caradoc

Street South, Strathroy (Nauvoo Investments Ltd.,), be hereby closed.

CARRIED.


The purpose of this public meeting is to consider a rezoning and official plan amendment for

Pt Lt 14, Concession 10 (geographic Town of Strathroy) Part 4, Reference Plan 34T644 and

Parts 1 and 3, Reference Plan 33R17681, Municipality of Strathroy-Caradoc, Jaslo

Properties Ltd.


Moved by Councillors Dausett and Flegel:

That: the public meeting to consider Amendment No. 6 to the Official Plan of the

Municipality of Strathroy-Caradoc to re-designate the subject lands from

“Residential” to “Residential-Special Policy Area No. 4” and the rezoning

application all as pertaining to Part Lot 14, Concession 10, (geographic

Town of Strathroy) Part 4, Reference Plan 34T644 and Parts 1 and 3,

Reference Plan 33R17681, (York Street) Municipality of Strathroy-Caradoc,

(Jaslo Properties Ltd.,), be hereby opened. CARRIED.


A report was presented by Jennifer Huff, Planner outlining the purpose of the

amendment is to re-designate the subject property from Residential to

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Residential – Special Policy Area No. 4 to allow select light industrial uses in

addition to the Institutional uses currently permitted. The purpose of the

rezoning is to change the zoning from the Institutional (I) Zone to a site-specific

Institutional (I-3) Zone to permit, as additional permitted uses, a contractors yard

and shop and a self-service storage warehouse facility (mini storage) on the

subject lands. This parcel is approximately 4.3 acres located in the south east

end of Strathroy across from the York Street Industrial area, located within the

residential designation of the Strathroy-Caradoc Official Plan and located within

the Institutional (I) Zone. Presently, the lands are vacant and have access to

municipal water service located along York Street. Surrounding land uses

include residential, industrial and parkland with vacant lands to the south and the

institutional use (New Canadian Club) to the north. The applicant intends to

develop the lands in phases with the first phase comprising come of the self-

service storage warehouse facilities and a contractor’s yard and shop. The

Planner noted that the subject lands were created by way of a consent earlier

this year. In discussions with the applicant earlier this year, given the proposed

use of the lands will require minimal washroom facilities, staff are prepared to

permit a temporary sanitary service solution until such time municipal services

are located along York Street or the use of the lands expands (at the discretion of

the Municipality). Stormwater management will be provided on-site to the

satisfaction of the Municipality and a site plan agreement will be required. The

Planner also noted that the Preliminary Site Plan has been updated from the site

plan submitted with the application and is attached to the report and that it is very

preliminary and will most likely change with the process. The Provincial Policy

Statement, County Official Plan and the Strathroy-Caradoc Official Plan all

support the efficient use of land and infrastructure and promotes land use

compatibility. The subject lands are located strategically between existing

industrial and residential and the proposed self-storage warehouse and

contractor’s yard/shop represents a land use that is anticipated to provide a buffer

between the two land uses and to include measures to ensure compatibility with

the residential lands to the east. The planner further explained the contractor’s

yard and shop is to be used by the applicant to house small construction and lawn

maintenance equipment used in support of the applicant’s townhouse rental

business and will exclude storage of heavy construction equipment. Respecting

the parking space requirements, staff are recommending a parking standard of 1

parking space per 1,000 m2 and the proposed zoning bylaw will include a site-

specific amendment to permit the recommended parking standard. In accordance

with the Planning Act, the approval of the rezoning does not come into effect until

Amendment No. 6 to the Strathroy-Caradoc Official Plan has been approved by

the County. Based on the Planner’s analysis the subject proposal is consistent

with the Provincial Policy Statement, the County of Middlesex Official Plan and

represents good planning and recommends that Amendment No 6 to the

Strathroy-Caradoc Official Plan be adopted and forwarded to the County for

consideration and approval and that the rezoning be approved.

5.3.3. Comments in support of the proposed rezoning. None.

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5.3.4. Comments in opposition to the proposed rezoning.

Al Tracey, property owner on Juniper Crescent questioned what the criteria may

be to identify that there is a need for more storage facilities in Strathroy. The

Planner explained that the municipality responds to the application as received

and do not dictate where they (storage facilities) must be located. Review may be

given as to whether the proposal can fit in this location.

Andy Robb, property owner on Juniper Crescent advised that the back wall was

not shown on the notice received by the residents, commenting that this backs

onto Juniper Crescent properties and is new on the proposed plan. Mr. Robb also

commented that the town has invested in this parcel with seeding, irrigation and

whether there was possibility of use of this parcel for additional playing fields.

The Planner advised that such applications must be assessed as received and

iterations of the plan are a possibility and may change further throughout the

planning process. The Planner advised a six metre setback is required and board

on board fence along the property noting what is being referenced is the back wall

of the storage building. Mayor Vanderheyden also commented that the

municipality is not looking to acquire more playing fields at this time. Mr. Looman,

Jaslo Properties, also advised that the back storage buildings were positioned as

shown in consideration of omitting any lights shining into neighbouring properties.

Sue Hernandez, property owner on Juniper Crescent asked if all the trees would

be taken down as this is a large wooded lot and if there was any way a natural

barrier would remain, to which Mr. Looman replied that four to five larger trees

would remain. Ms. Hernandez explained one concern would be to have to look at

the back of a storage shed and asked for the consideration of trees or shrubs to

be planted there. Also questioned were the hours of operation of the storage and

shop facilities and motion lights. The Planner advised that it is understood that it

is not intended to be a 24/7 operation; it would be a locked/gated entrance and not

aware of the exact hours of operation. The Planner further advised that such

concerns would be reviewed at the site plan control stage of the development with

the timeline of this expected for September or early October. Mayor

Vanderheyden asked if neighbours would have an opportunity for input past

tonight’s meeting to which the Planner advised staff may consider a more

information meeting to discuss these concerns with the developer/owner as

tonight is dealing with rezoning only and the site plan is a further process which

will follow.

Sid Gatenby, property owner at 259 York Street and has lived here over thirty

years. Stating some concerns to be: lighting issues and light poles, direction of

traffic in the yard/shop areas, hours of operation and positioning of buildings to

determine whether blocking out lights would be possible.

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Mayor Vanderheyden assured the residents that their concerns would be noted by

staff and council for consideration with the planning process to follow.

5.3.5. Questions and comments from Members of Council

Councillor Dausett asked what would be the maximum height permitted under

the zoning bylaw for these units to which the planner advised the storage units are

anticipated to be approximately eight feet in height, less than the maximum

permitted height.

Councillor Pelkman commented that such vacant parcels are open to future

development and that this developer has been a very respectful

property owner/neighbour with fair consideration given to neighbourhoods in

areas of their developments.

Councillor Baker also voiced her observations in dealing with this developer, has

been accommodating and respectful to the concerns of Council and/or

neighbouring property owners. The concerns voiced by residents are noted and

will be taken into consideration with the final site plan review/approval.


Moved by Deputy Mayor Richards and Pelkman:

That: the public meeting to consider Amendment No. 6 to the Official Plan of the

Municipality of Strathroy-Caradoc to re-designate the subject lands from

“Residential” to “Residential – Special Policy Area No. 4” be adopted and

forwarded to the County of Middlesex for consideration and approval; and

further that the rezoning application, all as pertaining to Part Lot 14,

Concession 10, (geographic Town of Strathroy) Part 4, Reference Plan

34T644 and Parts 1 and 3, Reference Plan 33R17681, (York Street)

Municipality of Strathroy-Caradoc, (Jaslo Properties Ltd.,), be hereby

approved and that the bylaws be referred to the Consideration of Bylaws

section of the meeting. CARRIED.


Moved by Councillors Cowan and Dausett:

That: the public meeting to consider Amendment No. 6 to the Official Plan of the Municipality of Strathroy-Caradoc to re-designate the subject lands from “Residential” to “Residential – Special Policy Area No. 4” and the rezoning application, all as pertaining to Part Lot 14, Concession 10, (geographic Town of Strathroy) Part 4, Reference Plan 34T644 and Parts 1 and 3, Reference plan 33R17681, (York Street) Municipality of Strathroy-Caradoc, (Jaslo Properties Ltd.,), be hereby closed. CARRIED.

6. Communications

6.1 Canadian Association of Nuclear Host Communities – CANHC

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Municipal Support and Endorsement for Ontario Power Generation Proposal to

Develop a Deep Geologic Repository for Low- and Intermediate-Level Radioactive

Waste in Kincardine.

Reference: for Information.

6.2 Lower Thames Conservation Board of Directors Meeting Minutes – June 15, 2017

Reference: for information.

7. Unfinished Business. None.

8. Reports from Departments

8.1 Corporate Services – Councillor Neil Flegel, Chair

Councillor Flegel introduced the report regarding an application requesting exemption be

granted from the Municipality’s Noise Control Bylaw for an upcoming event on the applicant’s

property on July 29, 2017.

a) Request for Exemption - Municipality’s Noise Control Bylaw July 29, 2017

Angela Toth, Clerk explained the event is for a private celebration to be held at the applicant’s

property, which is a one acre parcel, between the hours of 3pm and 11pm. Attendance and

parking arrangements have been outlined on the application which has been circulated to

staff, with no concerns noted.

Moved by Councillors Dausett and Baker: That: an exemption from the Noise Bylaw be granted to Mary Carter for an event at her

residence located at 8598 Glendon Drive, Mt. Brydges, from 3:00p.m. to 11:00p.m. on July 29, 2017. CARRIED.

8.2 Environmental Services – Councillor Steve Dausett, Chair Councillor Steve Dausett, introduced four reports from Environmental Services regarding

the status on a grant, reconstruction open houses and the commuter cycling program.

a) Caradoc Street Ontario Community Infrastructure Top-Up (OCIF) GrantApplication

Director Mark Harris explained the Caradoc Street (OCIF) Top Up Grant application for funding with the requirement that all projects must be completed by December of 2019 and an Expression of Interest to be submitted by September 27, 2017. The OCIF program covers projects that include core infrastructure work identified as a priority in the community’s asset management plans. The project being considered for application is Caradoc Street from the Sydenham River to English Street and would fit in well with the timeline of this program. This work serves as an outlet for storm sewers at the south part of Strathroy addressing both storm water drainage issues and potential climate change issues.

Moved by Mayor Vanderheyden and Councillor Pelkman: That: Staff be authorized to submit an Expression of Interest under the Ontario

Community Infrastructure Fund (OCIF) for Caradoc Reconstruction *Sydenham

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River to English Street); and Staff be authorized to submit the 2016 Financial Information Return (FIR) to the Ministry of Municipal Affairs prior to September 27, 2017. CARRIED.

b) Caradoc-Hull Road Reconstruction Open House Report Director Mark Harris presented the Caradoc – Hull Road Reconstruction Open House Report For the meeting of June 21, 2017 with a total of two property owners in attendance. Details

were provided to residents on the proposed construction and also to obtain any feedback or concerns the residents may have. The main concern pertained to the removal of sidewalk along Kittridge Street which proposes removal of the steps at this intersection as they are a safety hazard and not accessible and AODA compliant. The sidewalk on this south side also only extends half of the block and the remainder is a grassed area to Victoria Street. The sidewalk on the north side of Kittridge is constructed to municipal standards. The removal of sidewalk on Kittridge west of Caradoc was not included in the contract and would be completed by the Works Department at a later date.

Moved by Councillors Flegel and Baker: That: the Caradoc-Hull Road Reconstruction Open House Report be received as information

and filed. CARRIED.

c) Ellor Street Reconstruction Open House Report

Director Mark Harris reported on the above noted open house held June 21, 2017 with a total

of seven property owners from Ellor Street in attendance. Concerns expressed mainly

pertained to the need for sidewalks along the entire street. At time of application in the fall of

2016 the goal of the project was to address basement and surface flooding just south of

Fraser Street, with the project limits encompassing Clarence Street to the south limit of the

former Streamline property. This area of road would be completely urbanized. There was

also some discussion during the budget process regarding potential for development to the

south. In order for this development to move forward a storm sewer would need to be

extended 200m south. This component was then added to the project increasing the

budget request to Council. In follow up to the public meeting, a potential cost of extending the

sidewalk 340m from Streamline to Carroll Street is in the range of $40,000, pointing out that at

such time when this section of street is urbanized, it would result in the need to relay 60 to

75% of this sidewalk. The net cost to urbanize this area is $467,000 plus HST based on the

current tender prices. This contract will include the replacement of the west asphalt lane for

a 200m section, bringing 75% of the asphalt to a good service level. Sidewalk extension has

been included with the Development Charge Study and there is a funding source should

council wish to proceed with this sidewalk in conjunction with the current Ellor Street

construction. Mayor Vanderheyden commented that it makes sense to include this sidewalk

work with this project. Councillor Pelkman is in agreement and suggested that staff

follow up with the commercial establishments to the south, as the sidewalk provisions need to

be continuous for the safety of pedestrians, into that commercial area as well.

Moved by Councillors Pelkman and Cameron:

That: the Ellor Street Reconstruction Open House Report be received as information and

filed. CARRIED.

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Moved by Mayor Vanderheyden and Deputy Mayor Richards:

That: Council hereby approve that staff proceed with the extension of sidewalk in conjunction

with the current Ellor Street construction, approximately 340m of sidewalk from

Streamline to Carroll Street at an approximate cost of $40,000.00 to be funded through

the Development Charges Fund. CARRIED.

d) Ontario Municipal Commuter Cycling (OMCC) ProgramMark Harris advised of the recent provincial announcement of the above program which will utilize the proceeds of cap and trade to establish better cycling networks and promote safe cycling facilities in urban areas. Funding of up to 80% of costs may be available for the implementation of eligible commuter cycling projects. In addition, the municipality must have a cycling plan or be working with an upper-tier cycling plan. Strathroy-Caradoc is currently working with Middlesex County on a joint cycling strategy along with other municipal partners in the county. The deadline is August 18, 2017 and it is anticipated the funding announcement will take place September 25, 2017. Mr. Harris advised staff is reviewing the grant application process with WSP (a cycling consultant) based on the study timeline to determine the most appropriate means to apply for this grant and expects an update to be provided in mid August.

Moved by Councillor Cowan and Deputy Mayor Richards: That: the Ontario Municipal Commuter Cycling (OMCC) Program report be received and filed.

CARRIED.

8.3 Financial Services – (Councillor John Brennan, Chair) a) Segregated Investment Account for Cemetery Trust Funds

Director Bill Dakin presented the report explaining this is a housekeeping item (in compliance with the requirements of the Funeral Burial and Cremation Services Act) to authorize the opening of an Investment account with Craig Emptage of Scotia Wealth Management to allow for the proper custodianship of the Cemetery Care and Maintenance Funds. Going forward it is important not only for the municipality to be in compliance with the Act but to find new and sustainable revenue streams to offset taxation revenue in the operation of the cemetery and its investment account.

Moved by Councillors Dausett and Cowan: That: the Mayor and Treasurer be authorized to open an investment account with Craig

Emptage of Scotia Wealth Management to allow for the proper custodianship of the Cemetery Care and Maintenance Trust Funds. CARRIED.

b) Clean Water and Wastewater Fund (Ontario) Transfer Payment Agreement Director Bill Dakin presented the report advising that the municipality will be receiving

$936,984 in grants to cover the eligible projects and eligible costs of four projects, namely: Caradoc Street, McKellar Street and Ellor Street upgrades as well as Allen Road looping. Funding will be allocated annually based on the budget submitted with the agreement through the capital budget process and in line with the program funding criteria.

Moved by Councillors Pelkman and Cameron: That: Council acknowledges the report and further appoints the Mayor and Clerk to sign the

Clean Water and Wastewater Fund (Ontario) Transfer Payment Agreement. CARRIED.

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8.4 Fire Services – Councillor Dave Cameron, Chair Councillor Dave Cameron introduced two reports to be presented from Fire Services.

a) Captain Promotion Recommendation – Station 2 Fire Chief Brian George presented the following report explaining the requirement for a Captain at Station 2 and the selection process completed, recommending the promotion of Fire Fighter Wayne Pilkey to Captain for Station 2.

Moved by Councillors Dausett and Flegel: That: Council hereby approves the recommendation that Fire Fighter Wayne Pilkey be

promoted to the position of Captain in Station 2 – Mt. Brydges. CARRIED.

b) Acting Captain Recommendations – All Stations Fire Chief Brian George presented the following report recommending six individuals as Acting Captains for Stations 1, 2 and 3. As approved by Council April 18 2017, the department initiated a process to appoint fire fighters to the position of Acting Captain. As part of their commitment to these positions, these individuals will be completing the Incident Command Training program and be pursuing the OFC courses for Company Officers when they become available.

Moved by Deputy Mayor Richards and Councillor Cowan: That: Council hereby approves the Fire Chief’s recommendation of the following six

individuals as Acting Captains for Station 1, 2 and 3: Station 1: Michael Bedard and Frederick Fonger Station 2: Michael Wakeam and Kyle Folkman Station 3: Perry Smink and Brian Derbyshire CARRIED.

8.5 Parks and Recreation Services – Councillor Marie Baker, Chair Councillor Baker introduced the following two reports.

a) Library Renovation (Programming Space)

Director Rob Lilbourne explained the proposed changes to the computer station areas at the

Library which will provide a separate space for this work area as well as the art display area

while keeping the main entry way open.

Moved by Deputy Mayor Richards and Councillor Pelkman:

That: Report PR 15-2017 entitled Library Renovation (Programming Space) be received for

information and further; Council approve the project which is to be funded through the

Middlesex County Library. CARRIED.

b) Tree Removal Alexandra Park

Director Rob Lilbourne explained the damage to two large Oak trees at Alexandra Park due to

being struck by lightening late last summer. The trees are about 100 years old and every

effort has been made to try and save the trees. An arborist has determined the trees are

dead and are unsafe to climb and need to be cut down for the safety of the public.

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Moved by Councillors Cameron and Pelkman:

That: Report PR 17-2017 entitled Tree Removal Alexandra Park be received for information

and further; that Council approve any funds required for the removal and disposal of two

Oak trees identified in this report. CARRIED.

8.6 Building and Planning Services – Deputy Mayor Brad Richards, Chair a) Hiring of Building Inspector/Plans Examiner

Deputy Mayor Richards introduced the report to Council regarding the position of Building Inspector / Plans Examiner as approved in the budget process. Director Matt Stephenson announced that Connor McEachen has been hired for this position and started June 29, 2017.

Moved by Councillors Flegel and Dausett: That: the Report entitled: “Hiring of Building Inspector/Plans Examiner” be received for

information. CARRIED.

9. Reports from Boards and Committees

9.1 Strathroy-Caradoc Police Service

Activity Report – May 2017

Uniform Crime Report – May 2017

Criminal Investigations Division Report – May 2017Reference: for information.

9.2 Strathroy B.I.A.

Strathroy B.I.A. Executive Meeting Minutes – June 14, 2017Reference: for information.

9.3 Museum Strathroy-Caradoc Advisory Committee

Museum Strathroy-Caradoc Advisory Committee Minutes – June 20, 2017(Museum Curator’s report and attachments included)

Moved by Councillors Baker and Flegel: That: the Museum Strathroy-Caradoc Advisory Committee Minutes dated June 20, 2017

including the Museum Curator’s report and attachments, are hereby received and filed and that Council concurs with the Committee’s recommendations. CARRIED.

10. Consideration of Bylaws

10.1 Bylaw 33-17 Bill Dakin, Director of Finance, presented the 2017 Tax Rates bylaw for Council’s consideration of approval. Mr. Steve Riczu addressed Council summarizing a “Petition for the Application of Unreserved Surplus in Relief of 2017 General Tax Levy” and forms a part of these minutes. Mayor

Vanderheyden thanked Mr. Riczu for his presentation.

Moved by Councillors Pelkman and Cameron: That: Bylaw 33-17 receive first, second and third and final reading:

A bylaw to provide for the adoption of 2017 Tax Rates and to further provide for penalty and interest in default of payment thereof. CARRIED.

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10.2 Bylaw 38-17 Director Bill Dakin presented a report detailing the debenture of drainage work regarding the Richards-Griffith BR E Main Drain, to be added to the benefiting tax payers roll.

Moved by Councillors Dausett and Cowan: That: Bylaw 38-17 receive first, second and third and final reading:

A bylaw to authorize the borrowing of $11,455.19 upon debentures towards the cost of constructing certain drains and drainage works (Richards Griffith BR E Main Drain). CARRIED.

10.3 Bylaw 40-17 (Referred from Public Meeting No. 2) Moved by Councillor Cowan and Deputy Mayor Richards: That: Bylaw 40-17 receive first, second and third and final reading:

A bylaw to amend Bylaw 43-08, being the Comprehensive Zoning Bylaw for the Municipality of Strathroy-Caradoc 75 Caradoc Street South, Strathroy (Nauvoo Investments). CARRIED.

10.4 Bylaw 41-17 (Referred from Public Meeting No. 3) Moved by Councillors Baker and Flegel: That: Bylaw 41-17 receive first, second and third and final reading:

A bylaw to adopt Amendment No. 6 to the Official Plan of the Municipality of Strathroy- Caradoc. (Jaslo – York Street, Strathroy). CARRIED.

10.5 Bylaw 42-17 (Referred from Public Meeting No. 3) Moved by Councillors Flegel and Baker: That: Bylaw 42-17 receive first, second and third and final reading:

A bylaw to amend Bylaw No. 43-08, being the Comprehensive Zoning Bylaw of the Municipality of Strathroy-Caradoc (Jaslo – York Street, Strathroy). CARRIED.

10.6 Bylaw 43-17 (Referred from Public Meeting No. 1) Moved by Councillors Dausett and Pelkman: That: Bylaw 43-17 receive first, second and third and final reading:

A bylaw to amend Bylaw 43-08, being the Comprehensive Zoning Bylaw for the Municipality of Strathroy-Caradoc (regarding 8486-8494 Longwoods Road – Longwoods Lunch (D. Heisler). CARRIED.

10.7 Bylaw 44-17 Director Matt Stephenson presented a map of the property outlining both existing and proposed building locations of the new warehouse building for this development.

Moved by Councillors Cameron and Flegel: That: Bylaw 44-17 receive first, second and third and final reading:

A bylaw to authorize the execution of a development agreement between the

Corporation of the Municipality of Strathroy-Caradoc and 1273908 Ontario Limited

(Grace Transport). CARRIED.

10.8 Bylaw 45-17 Director Matt Stephenson presented a site plan for Council’s information, to show

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location of the proposed construction for the contractor’s yard on this site.

Moved by Deputy Mayor Richards and Councillor Dausett: That: Bylaw 45-17 receive first, second and third and final reading:

A bylaw to authorize the execution of a development agreement between the Corporation of the Municipality of Strathroy-Caradoc and Hardy Services Inc., Allan Thomas Hardy and Barbara Jean Hardy RE 9101 Glendon Drive. CARRIED.

10.9 Bylaw 46-17 Director Angela Toth presented a report for Council’s consideration of a bylaw to prohibit heavy trucks on certain municipal roads. As Council is aware the issue of heavy trucks on Egerton Street has been ongoing and a few other streets are included at this time.

Moved by Deputy Mayor Richards and Councillor Cowan: That: Bylaw 46-17 receive first, second and third and final reading:

A bylaw to prohibit heavy trucks on certain roads within the Municipality of Strathroy- Caradoc. CARRIED.

10.10 Bylaw 47-17 Moved by Councillors Cowan and Baker: That: Bylaw 47-17 receive first, second and third and final reading:

A bylaw to authorize the execution of a subdivision amendment agreement between the Corporation of the Municipality of Strathroy-Caradoc and Lupine Properties Limited – Woods Edge Phase 3. CARRIED.

10.11 Bylaw 48-17 Moved by Councillors Cameron and Pelkman: That: Bylaw 48-17 receive first, second and third and final reading:

A bylaw to dedicate certain lands within the Municipality as a Public Highway being Agnes Drive. CARRIED.

10.12 Bylaw 49-17 Director Matt Stephenson explained the purpose of this agreement is to acknowledge the completion/fulfilment of all set conditions associated with severance applications B6/16, B7/16 and B22/16.

Moved by Councillors Flegel and Dausett: That: Bylaw 49-17 receive first, second and third and final reading:

A bylaw to authorize the execution of a Committee of Adjustment Planning Agreement with AKKO Ltd. and 890425 Ontario Ltd. CARRIED.

11. New Business. None.

12. County Council Report.

Deputy Mayor Brad Richards advised that an Economic Development, second quarter reporthad been received from Cara Finn. A report was also provided by Neil Roberts, Chief,Middlesex-London EMS regarding alternatives for collaboration in the operation ofthe ambulance dispatch service and that the County may look into assuming the operation for

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the County and the City of London. Also, a report is forthcoming regarding a governance review with respect to Direct Election which will be provided for discussion with municipalities.

13. Enquiries or Comments by Members.

Councillor Pelkman had the pleasure of meeting some new residents to the municipality and

had positive remarks commenting on the many improvements done over the years and enjoy

living in Strathroy-Caradoc.

Deputy Mayor Richards also shared a similar encounter with residents from Ottawa also

had favourable comments about the town.

Mayor Vanderheyden commented on the local Farmer’s Market and the great atmosphere and

many vendors and artisans participating. At this time of year, it is particularly nice to see that

our sports fields are busy and packed with the various sporting events. Mayor Vanderheyden

thanked all Council members who attended graduation ceremonies and presented certificates

at various local schools.

14. Schedule of Meetings

Council – Monday, August 21, 2017 @ 6:30 p.m.

Council – Tuesday, September 5, 2017 @ 6:30 p.m.

Council – Monday, September 18, 2017 @ 6:30 p.m.

Council – Monday, October 2, 2017 @ 6:30 p.m.

15. Adjournment

The meeting adjourned at 8:45pm on a motion by Councillors Dausett and Pelkman.

CARRIED.

TO: The Council of the Municipality ofStrathroy-Caradoc FROM: Stephen Riczu ATTENTION: Angela Toth, Clerk of the Council DATE: 2017 July 17 SUBJECT: Petition for the Application of Unreserved Surplus in Relief of 2017 General Tax Levy

PETITION FOR THE APPLICATION OF UNRESERVED SURPLUS IN RELIEF OF 2017 GENERAL TAX LEVY

ACTION REQUESTED IN THIS PETITION: This petition requests that Council fund the 2017 General Tax Levy of $15,295,686 by using $12,496,647 of recent profits which leaves only $2,799,039 to be raised in new 2017 taxes.

$15.3 Million 2017 Tax Levy Is Subsequent Phase of Profiteering Strategy: The Municipality is engaged in a tax strategy of profiteering. Taxpayers endured the initial phase of the profiteering strategy in 2016 March when the 2016 budget was approved containing profit-making strategies that would result in "budget change" or taxes unspent from the 2016 levy. Unspent taxes and user fees or "budget change" that are not reserved becomes "profits" to the Municipality having no benefit to the taxpayer. That profit-making phase of a profiteering tax strategy has resulted in multi-million dollars of "budget change''. Not using unreserved unspent taxes, i.e. profits, is key to a subsequent phase of profiteering which is to be implemented today by the 2017 tax levy: profit-taking. To succeed at profit-taking it is essential that the subsequent new tax levy raise only new tax dollars and not first apply or "use up" "old" unspent unreserved dollars, or simply stated: new taxes instead of using up all old taxes. Approval of a $15 .3 million 2017 tax levy would implement and complete this profit-taking phase of the overall profiteering sh·ategy. What does approval of a $15.3 million 2017 tax levy mean? It means: 1) full service is not provided for taxpayers' dollars that as a result fail to be efficient, 2) tax increases are unproductive and appear unnecessary to taxpayers, and 3) profiteering in general and profit-taking specifically raises questions regarding the Municipality's financial desperation and the Municipality's lack of regard for taxpayers. This petition focusses on the profit-taking consequences of a $15.3 million 2017 tax levy.

1) Profit-Taking Results In Shorted-Service Reduced-Efficiency Tax Dollars: Taxpayers have already paid for services in recent years which by deliberate design and in significant amounts the Municipality chose not to give full value in services to taxpayers. Over the most recent five-year period the Municipality withdrew from taxpayer service $12,496,647 in "profits" based on audited 2012-2016 financial statements. During that same period the Municipality taxed $70,002,604 in general tax levies. This represents a rate over the general tax levy of 17.9% (unspent and umeserved) profits for the Municipality over that five-year period and implies that the taxpayers' tax dollar is only 82. l % efficient (see Schedule A). Taxpayers deserve to earn "full-service" from their tax dollars and not on average have $1 in taxes taken from them by the Municipality and returned from the Municipality sh01t-service of only 82.1 cents in service. In order to achieve "full-service tax dollars" all unspent unreserved monies have to be used to provide services to taxpayers and not merely be used to provide unreserved profits for the Municipality. A $15.3 million 2017 tax levy means once again taxpayers getting shorted on municipal services despite being taken long for municipal tax dollars. Again for 2016 as they were for 2015; again as they were for 2014; again as they were for 2013; and, again as they were for 2012.

2) Profit-Taking Makes Recent Tax Increases Unproductive: During that same period the Municipality increased taxes in each year for a five-year total of $3,013,305:

2012 - $928,176 general tax increase or 7.78% increase, 2013 - $816,411 general tax increase or 6.35% increase, 2014 - $245,808 general tax increase or 1.90% increase, 2015 - $675,761 general tax increase or 4.85% increase and 2016 - $347,149 general tax increase or 2.38% increase. (see Schedule A)

Not a single dollar of any of those five annual tax increases was spent to provide current taxpayer services or was put into reserves to provide future taxpayer services in any of those years. Instead each year all of the tax increase was diverted to Municipal profits . During this period despite these "profit savings" being made by the Municipality each year, the Vanderheyden Administration, supported by the other members of Council, continued to levy new tax dollars each year. It is not appropriate to increase taxes each year only to profit-take the increase each year! The Municipality needs to change its tax philosophy to only increasing taxes for what it needs and abandoning increasing taxes for what it can get away with. A $15.3 million 2017 tax levy means once again taxpayers are having more and more tax dollars taken from them each year that are not producing services to taxpayers, merely profits for the Municipality. Again for 2016 as they were for 2015; again as they were for 2014; again as they were for 2013; and, again as they were for 2012.

PETITION FOR THE APPLICATION OF UNRESERVED SURPLUS IN RELIEF OF 2017 GENERAL TAX LEVY (continued)

3) Profit-Taking: A "Tough/Difficult Decision" Of "Prudent Budgeting"-Or Desperate/Accustomed Tax Greed : At the 2017 March budget meeting the Municipality's budgeting practices were referred to as "prudent budgeting" and recent financial and budgeting strategies referred to as "tough/difficult decisions". Recent persistent year after year profit-taking decisions (implemented by annual tax levy bylaws) that didn't give back the profits to benefit taxpayers could only have been "tough/difficult" decisions ifthe taxpayers' need for fair "full-value taxation" exceeds the Municipality 's need for greed; however, if taxpayers' needs prevail then profit-taking should not. have occuned. Continuing in 2017 with profit-taking policies only raises the question regarding what financial condition the Municipality must currently find itself in that justifies Municipal Greed prevailing over Taxpayer Fairness. Recent persistent year after year profit-taking decisions (implemented by 2013-2016 tax levy bylaws) and current intended profit-taking that would be implemented by this $15 .3 million 2017 tax levy suggest a Municipality so financially desperate that this Vanderheyden Administration and the remainder of this Council deems it appropriate year after year to raise taxes only to put all of those tax increases, and more, into profits kept only for the benefit of the Municipality. Profit-taking over recent years repeatedly year after year seems to have created a Municipal attitude that profit-taking in 2017 is a customary convenience to "tax and grab" or "increase taxes for profit". Once the magnitude and the persistence of tax increases and profit-taking are considered ($12.5 million service-withheld profits that absorbed all of each tax increase, and more) taxpayers can not be faulted for believing that what the Municipality is engaging in by approving a $15.3 million 2017 tax levy is not "prudent budgeting" but merely customary acceptable profiteering for "tax greed".

Profit-Taking Stopped With This Petition By Embracing Fairness To Taxpayers With Action Now: Granting this petition to reject 2017 profit-taking would demonstrate fairness to taxpayers by ensuring taxpayers receive "full value" for their tax dollars taken by the Municipality. Madame Mayor, Mr. Deputy Mayor, Councillors: it is okay to be fair to taxpayers. Not one elected representative present in this chamber today voted against the general tax levy in any of the past four years when for each of those four years the general tax levy had the objective of profit-taking by the Municipality- new taxes raised before all old taxes used. In this fifth year is there any elected representative now, finally after four years, who will champion the taxpayer and satisfy taxpayers' reasonable expectations of receiving a full measure of service for taxpayers' tax dollars? Taxpayers' tax dollars that are imposed by this Vanderheyden Administration 's 2017 budget; taxpayers' tax dollars that are demanded in a budget endorsed by this Council in 2017 March; and, taxpayers' tax dollars intending to be taken by this Municipality by this 2017 tax bylaw for $15 .3 million. Now, when presented with this tax bylaw approval, is the last time in 2017 to stop the practice of apparent Municipal self-entitlement and de facto Municipal self-enrichment by taking new tax dollars and allowing unspent unreserved old tax dollars to be profit-taken by the Municipality. Now is the time to act fairly. Now is the time. Now.

Profit-Taking: It's Way Past Time For Change By Abandoning Profiteering: The most obvious place to look for funds available to pay for the 2017 general tax levy before raising new 2017 taxes is simply to use what monies are left - unspent, unreserved - from the previous year(s) . Profit-taking, which is the objective of this 2017 general tax levy of$15 .3 million, means new 2017 taxes are raised while "old taxes" remain (in this instance 2016 and earlier). A $15.3 million 2017 general tax levy is profit-taking - the culmination of a profiteering tax strategy that's been carried out for years and appears to be the intention to continue this year. Municipal profiteering is not alternative fact; Municipal profiteering is not fake news; Municipal profiteering year after year can not be spun as "tough decisions" - it's tax greed; Municipal profiteering in the magnitudes of millions of dollars over five years can not be spun as "prudent budgeting" - it's tax greed. A $2.8 million 2017 general tax levy abandons profit-taking; a $2.8 million 2017 general tax levy will make irrelevant the budget-time issue questioning the practice of deliberately creating profits then withholding from taxpayers the service benefits of those profits only later to enrich just the Municipality' s coffers. The Vanderheyden Administration, which has been supported by all other members of this Council, should CHANGE THE MUNICIPALITY'S TAX POLICY to taxing and profit-taking for Municipal need and abandon the current policy of taxing and profit-taking for Municipal greed. It's way past time for change. It's past time. Past time.

Council is thanked for its consideration of this petition.

PETITION FOR THE APPLICATION OF UNRESERVED SURPLUS IN RELIEF OF 2017 GENERAL TAX LEVY (continued)

SCHEDULE A: UTILIZATION OF RECENT GENERAL TAX LEVY INCREASES

YEAR GENERAL TAX LEVY UNRESERVED SURPLUS

TOTAL INCREASE INCREASE $ EFFICIENCY $ % OF

TAX DOLLAR

2017 $15,295,686 $350,384 2.34%

2016 $14,945,302 $347,149 2.38% $1,387,913 90.71%

2015 $14,598,153 $675,761 4.85% $3,277,358 77.55%

2014 $13,922,392 $245,808 1.90% $3 ,970,358 71.48%

2013 $13,676,584 $816,411 6.35% $1,786,039 86.94%

2012 $12,860,173 $928,176 7.78% $2,074,979 83.87%

2011 $11,931,997 $694,916 6.18% NIA (format

changed)

2010 $11,237,081 $308,788 2.83% NIA (format

changed)

2009 $10,928,293

2012-2016 $70,002,604 $3,013,305 $12,496,647 82.15%

SOURCES:

General Tax Levy data are obtained from the public documents filed as part of the agendas of the Council.

Unreserved Surplus data:

$1,387,913 =the difference in "Accumulated Surplus (Deficit) From Operations" as it appears in Note 7 titled "Accumulated Surplus" in the 2016 Audited Financial Statements = $4,812,261 - $3 ,424,348.

$3,277,057 =the difference in "Accumulated Surplus (Deficit) From Operations" as it appears in Note 7 titled "Accumulated Surplus" in the 2015 Audited Financial Statements = $3,424,248 - $147,291.

$3 ,970,358 = the difference in "Accumulated Surplus (Deficit) From Operations" as it appears in Note 8 titled "Accumulated Surplus" in the 2014 Audited Financial Statements = $164,812 - (3,805,546).

$1,786,039 =the difference in "Accumulated Surplus (Deficit) From Operations" as it appears in Note 7 titled "Accumulated Surplus" in the 2013 Audited Financial Statements= $(3,518,305) -$(5,304,074).

$2,074,979 = the difference in "Accumulated Surplus (Deficit) From Operations" as it appears in Note 8 titled "Accumulated Surplus" in the 2012 Audited Financial Statements= $(5,298,503) - $(7,373,482).

Efficiency of Tax Dollar: measures how much of the year's tax dollars are used and is calculated as the percentage of the spent or reserved surplus divided by the general tax levy, ie. for 2014: 71.48% = ($13,922,392 - $3 ,970,358) I $13,922,392.

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