[{"text": "e", "start": 28.96, "end": 31.96}, {"text": "e", "start": 58.92, "end": 61.92}, {"text": "e", "start": 88.92, "end": 91.92}, {"text": "e", "start": 118.84, "end": 121.84}, {"text": "e", "start": 148.84, "end": 151.84}, {"text": "e e", "start": 178.84, "end": 182.84}, {"text": "good evening I call to order the meeting of the Property Standards committee and committee adjustment for December 17th", "start": 230.48, "end": 236.4}, {"text": "2024 with us tonight are uh committee members and attendance is Kevin antonitis Danielle Collins Fabia Belling", "start": 236.4, "end": 245.56}, {"text": "uh Dylan Bailey is Dylan online yes okay Dylan and myself Adam Hors said staff", "start": 245.56, "end": 251.159}, {"text": "members present this evening are Walter basic assistant director of planning Henry Bose coordinator of Municipal law", "start": 251.159, "end": 257.04}, {"text": "enforcement Emily mcneel Municipal law enforcement officer and saup Sandu", "start": 257.04, "end": 262.44}, {"text": "acting administrative coordinator live streaming members of the public are advised that our meetings", "start": 262.44, "end": 267.479}, {"text": "are live streamed by the town of Grimsby individuals and media may be audibly or visually recorded during this meeting as", "start": 267.479, "end": 272.919}, {"text": "a reminder all electronic devices are to be in silent mode during our committee meeting does do any members of the", "start": 272.919, "end": 279.32}, {"text": "committee have a pecuniary interest with respect to the agenda this evening I do okay thank you and that's for um the", "start": 279.32, "end": 286.759}, {"text": "Property Standards committee application or appeal um 4.1 I filed the notice with", "start": 286.759, "end": 293.28}, {"text": "the secretary treasure and the clerk okay thank you that's so noted anyone else", "start": 293.28, "end": 300.68}, {"text": "seeing none is there any requests for withdrawal or adjournment believe there's none correct there's", "start": 300.68, "end": 307.84}, {"text": "zero uh have committee members had the opportunity to review and open uh the open and close session minutes from", "start": 307.84, "end": 313.16}, {"text": "November 20th 2024 is there any questions or comments about the", "start": 313.16, "end": 318.759}, {"text": "minutes if not can I get a moover and seconder to approve", "start": 319.639, "end": 324.759}, {"text": "them so okay move by Kevin second by", "start": 324.759, "end": 331.88}, {"text": "Dan any discussion therefore the motion is", "start": 331.88, "end": 337.68}, {"text": "resolve that the minutes of the meeting on November 2024 be approved all those in favor say I or raise your", "start": 337.68, "end": 343.36}, {"text": "hand oppose if any that's carried", "start": 343.36, "end": 348.719}, {"text": "okay so we're going to move first item on our agenda is the uh Property Standards appeal if you want to depart", "start": 361.319, "end": 367.72}, {"text": "thank you I will just uh notify you when we're", "start": 367.72, "end": 372.24}, {"text": "ready the appeal to be considered for the property known as order 2024 uh- 560", "start": 373.479, "end": 379.479}, {"text": "for 1620 Ontario Street is the complainant present this", "start": 379.479, "end": 384.8}, {"text": "evening Mr Russo okay thank you and is the", "start": 384.8, "end": 390.12}, {"text": "appellant or agent here this evening I am here okay thank", "start": 390.12, "end": 395.72}, {"text": "you okay I'd like to call uh up officer Emily mcneel the municipal law", "start": 395.72, "end": 401.319}, {"text": "enforcement officer for the town of griny to introduce the appeal if you please come to the", "start": 401.319, "end": 406.8}, {"text": "podium good evening good evening officer mcneel do you affirm that the evidence to be given by you relating to the", "start": 410.919, "end": 417.4}, {"text": "matters in question between the parties to this proceeding shall be the truth the whole truth and nothing but the truth I affirm okay thank you can you", "start": 417.4, "end": 423.879}, {"text": "please present your evidence through you Mr", "start": 423.879, "end": 428.68}, {"text": "chair my name is oh do you have it up oh yeah it", "start": 434.36, "end": 440.12}, {"text": "is my name is Emily mcneel and I'm a municipal law enforcement officer for the town of Grimsby I'm appointed as a", "start": 440.12, "end": 445.84}, {"text": "Property Standards officer go to next", "start": 445.84, "end": 451.8}, {"text": "slide in late October of 2024 we received a complaint regarding a broken central heating boiler at 1620 on Terry", "start": 451.8, "end": 458.56}, {"text": "Street in the unit occupied by the restaurant at the address the complainant the tenant of the restaurant unit was concerned about the upcoming", "start": 458.56, "end": 464.72}, {"text": "winter temperatures on October 31st 2024 I", "start": 464.72, "end": 471.44}, {"text": "attended the restaurant at 1620 on Tero Street upon arriving at the property", "start": 471.44, "end": 478.4}, {"text": "I found that there was a large crack in the base of the central heating boiler in the basement as seen in these", "start": 480.28, "end": 487.36}, {"text": "photos in these photos you can see that the natural gas line has been disconnected I was told by the", "start": 488.159, "end": 494.08}, {"text": "complaintant that there were no other sources of heat in the unit following my visit the complaintant", "start": 494.08, "end": 501.56}, {"text": "provided me with the warning label completed by a tssa certified gas technician the label states that the", "start": 501.56, "end": 507.44}, {"text": "central heating boiler was disconnected and shut off for being", "start": 507.44, "end": 512.198}, {"text": "unsafe I found the property to be in violation of sections 4.7.1 and 4.7.4 of the town of grimsy", "start": 513.24, "end": 520.719}, {"text": "Property Standards bylaw no 1517 section 4.7.1 requires that workplaces must be", "start": 520.719, "end": 527.12}, {"text": "provided with a heating system capable of maintaining an adequate and suitable supply of heat section", "start": 527.12, "end": 532.88}, {"text": "4.7.4 states that said heating system shall be maintained in good working conditions so as to be capable of", "start": 532.88, "end": 538.72}, {"text": "heating the building safely to the required standard based on my inspection at the restaurant and the gas technician", "start": 538.72, "end": 544.68}, {"text": "warning label I believe that 1620 Ontario Street was in violation of these sections upon review of the commercial", "start": 544.68, "end": 550.399}, {"text": "lease agreement we found that the landlord is responsible for supplying a functional heating", "start": 550.399, "end": 556.72}, {"text": "system I prepared Property Standards order no 2024 560 for 1620 Ontario", "start": 557.079, "end": 563.079}, {"text": "Street the order required the property owner to repair or replace the heating system to ensure an adequate supply of", "start": 563.079, "end": 568.399}, {"text": "heat by November 5 2024 and to provide a temporary means of heating while the unit was being repaired or", "start": 568.399, "end": 576.16}, {"text": "replaced on November 6 2024 I sent Property Standards order no 2024 560 to", "start": 576.44, "end": 582.56}, {"text": "the 1620 Ontario Street property owner via registered mail on that same day I went to the restaurant and issued a copy", "start": 582.56, "end": 588.8}, {"text": "of the order to an employee to give to the property owner in summary on October 31st 2024 I", "start": 588.8, "end": 596.48}, {"text": "attended the restaurant at 1620 Ontario Street to inspect the broken heating boiler in the unit on November 6 2024 I", "start": 596.48, "end": 604.279}, {"text": "received a copy of the warning label for the boiler left by the inspecting gas technician on that same day I mailed", "start": 604.279, "end": 609.839}, {"text": "Property Standards order node 2024 560 to the property owner and left a copy for them at the restaurant on November", "start": 609.839, "end": 616.2}, {"text": "19th 2024 the property owner submitted a notice of appeal regarding Property Standards order 2024 560 November 25th", "start": 616.2, "end": 623.68}, {"text": "2024 was the original date that 1620 onar she was required to comply with the order by", "start": 623.68, "end": 630.72}, {"text": "the committee has the option to either confirm the order resend the order extend the compliance date for the order or modify the order of set", "start": 630.72, "end": 639.12}, {"text": "conditions the town recommends that the committee confirms Property Standards order no 2024 560 as is or extends the", "start": 639.12, "end": 646.2}, {"text": "date for compliance with the order okay thank you very much does the", "start": 646.2, "end": 652.24}, {"text": "complainant have any questions for Town staff if so U could just come to the", "start": 652.24, "end": 658.16}, {"text": "podium", "start": 658.16, "end": 661.16}, {"text": "just just questions for the staff you'll have a separate presentation after okay thank you uh does the", "start": 663.32, "end": 671.639}, {"text": "appellant have any questions for officer mcneel um yes thank you chair my", "start": 671.639, "end": 676.88}, {"text": "question through you to the officer is um your under your testimony you indicated that this was a central", "start": 676.88, "end": 683.6}, {"text": "heating system um was the officer aware that it's not a central heating system", "start": 683.6, "end": 688.72}, {"text": "the individual units within the building have their own heating system and this heating system is solely for the unit in", "start": 688.72, "end": 695}, {"text": "question oi", "start": 695, "end": 697.92}, {"text": "bastro sorry are you asking if I was aware that that heating unit is only for that", "start": 702.279, "end": 707.56}, {"text": "unit yes it's just in your testimony you call", "start": 707.56, "end": 712.88}, {"text": "it a central heating system it's not a central heating system it's just for one unit within the building and I just", "start": 712.88, "end": 718.48}, {"text": "wanted to make sure that you were aware of that at the time you issued the order yes I'm aware of that you you say that", "start": 718.48, "end": 724.44}, {"text": "you're aware of it now I am aware of it were you aware of it at the time that it did not heat the whole building yes I", "start": 724.44, "end": 732.88}, {"text": "was my second question is you indicate that you were mailed the warning label", "start": 734.76, "end": 740.56}, {"text": "uh as part of the complaintants issue the warning label was not provided to", "start": 740.56, "end": 746.639}, {"text": "the landlord or as part of your order um is it possible to get a copy of that", "start": 746.639, "end": 751.72}, {"text": "warning label it's not on the boiler system which is a requirement under", "start": 751.72, "end": 757.56}, {"text": "tssa so I guess my question through you Mr chair to the officer was was the warning label on the system as required", "start": 764.56, "end": 771.8}, {"text": "by tssa or was it provided to you after the fact at the time of my visit I did", "start": 771.8, "end": 777}, {"text": "not see the warning label uh it was not mailed to me but uh emailed to me", "start": 777, "end": 783.199}, {"text": "later so at the time your testimony was that there was no tssa label on the", "start": 783.199, "end": 789.519}, {"text": "boiler I did not see the the label when I was there thank", "start": 789.519, "end": 794.76}, {"text": "you any further", "start": 794.76, "end": 798.36}, {"text": "questions sorry chair not for me thank you okay thank you uh seeing that you", "start": 800.48, "end": 805.76}, {"text": "may uh step down", "start": 805.76, "end": 809.68}, {"text": "okay Mr Russo if you come to the podium", "start": 813.6, "end": 817.519}, {"text": "Please Mr Russo do you affirm that the evidence to be given you in relating to the matters in question between the", "start": 822.399, "end": 827.56}, {"text": "parties the proceeding shall be the truth the whole truth and nothing but the truth okay thank you go ahead with your", "start": 827.56, "end": 835.16}, {"text": "presentation on the week of October 21st I wanted to open up my boiler like I do", "start": 837.519, "end": 842.56}, {"text": "every year at that time um and I was um um I went down to do the n necessary", "start": 842.56, "end": 849.8}, {"text": "things like change the uh filter and uh bleed the lines so the boiler would work", "start": 849.8, "end": 855}, {"text": "and none of that uh worked so I called my landlord uh landlord uh said uh he", "start": 855, "end": 861.199}, {"text": "actually didn't answer me right away I had to take it upon myself to call a service gentleman so a service gentleman came in as soon as he saw uh the boil", "start": 861.199, "end": 869.24}, {"text": "and the crack uh he immediately uh cut it off shut it off and issued a tssa", "start": 869.24, "end": 875.32}, {"text": "ticket he told me that he didn't have any tickets with him uh but he would email me the uh actual ticket itself so", "start": 875.32, "end": 882.6}, {"text": "that's uh why there was no ticket there at the moment at the time but I emailed it as soon as I received it um sorry I'm", "start": 882.6, "end": 890.48}, {"text": "going to put my glasses uh he told me that it was dangerous uh toxins and carbon monoxide", "start": 890.48, "end": 896.079}, {"text": "was coming out of it so at which point uh he needed to shut it off so I contacted the landlord uh and uh his", "start": 896.079, "end": 903.24}, {"text": "response to me was check the landlord's in tenance act uh and any further conversation that we're going to have is", "start": 903.24, "end": 908.56}, {"text": "between our lawyers just cutting me off completely and leaving me alone to uh have a very cold restaurant and lose", "start": 908.56, "end": 914.56}, {"text": "customers because people aren't coming in um", "start": 914.56, "end": 921.32}, {"text": "um the guy also told me that it was not a new break it's an existing break that's been uh there uh because it's", "start": 922.639, "end": 929.8}, {"text": "rusted since before I took over the place so the the thing was not working uh properly beforehand uh the first year", "start": 929.8, "end": 936.72}, {"text": "I moved in I remember uh the landlord uh Carl brought in a couple of guys uh", "start": 936.72, "end": 942.319}, {"text": "Father and Son team team that uh didn't show any credentials or anything they came in and they uh did a makeshift fix", "start": 942.319, "end": 949.36}, {"text": "so it worked for me for a year uh then the following year uh I just turned it", "start": 949.36, "end": 954.759}, {"text": "on did the necessary things and it worked and this year is when it stopped working because of that um so that's", "start": 954.759, "end": 961.399}, {"text": "when I decided to call the Grimsby bylaw they came in and uh the young lady told you what she did and what she saw and", "start": 961.399, "end": 967.079}, {"text": "what she issued um after that uh I received a um an", "start": 967.079, "end": 974.88}, {"text": "email from Carl introducing me to a new um property manager that I was going", "start": 974.88, "end": 981.72}, {"text": "to have and I should deal with him only and further further going right so uh", "start": 981.72, "end": 986.759}, {"text": "this property manager's name is Greg Bernett um he uh I get a phone call a", "start": 986.759, "end": 992.68}, {"text": "few days later from one of my staff my one of my Cooks in my uh kitchen uh telling me that Tony Quirk uh who is uh", "start": 992.68, "end": 1000.24}, {"text": "representing Carl uh which by the way I have to say he has an invested interest in the building he owns a mortgage that", "start": 1000.24, "end": 1006.759}, {"text": "Carl owes to him um so uh he shows up at my restaurant without me approving him", "start": 1006.759, "end": 1013.68}, {"text": "coming there no calls no nothing they came in and Tony said to my uh Chef my", "start": 1013.68, "end": 1019.8}, {"text": "chef said to him you can't go downstairs without Pat here and he said I don't give a what Pat says I'm going down there so I showed up about 20 minutes", "start": 1019.8, "end": 1027.199}, {"text": "later cuz I was shopping I go downstairs and Tony is very aggressive uh abrasive", "start": 1027.199, "end": 1034.558}, {"text": "and uh sort of threatening my chef was there Greg Bernett was there he", "start": 1034.559, "end": 1040.64}, {"text": "literally told me that I should fix this thing on the illegal okay get it done", "start": 1040.64, "end": 1046}, {"text": "illegally without any papers without anything so they could just pay for that and get it over with and I should have", "start": 1046, "end": 1051.24}, {"text": "done that from the very beginning that's what he told me I refused to have anything done illegally I says this has", "start": 1051.24, "end": 1058.36}, {"text": "something to do with my customers my staff it's very dangerous I would never do anything illegal so that's when I refused and I haven't and I didn't hear", "start": 1058.36, "end": 1064.44}, {"text": "anything in anymore from Tony after that", "start": 1064.44, "end": 1069.72}, {"text": "um uh so while they were down there um before I arrived with other any", "start": 1072.84, "end": 1079.159}, {"text": "invitation and not me not knowing they were there they were walking around and when I got there uh that evening my chef", "start": 1079.159, "end": 1084.88}, {"text": "says listen there's a big puddle of water here uh so there was water everywhere and we had to clean that up", "start": 1084.88, "end": 1091.24}, {"text": "they also told me that they had no hot water and I said well I don't understand how we don't have hot water so I checked", "start": 1091.24, "end": 1098.2}, {"text": "my cameras upon checking my cameras I saw Greg the property manager I don't know whose Direction he took walked", "start": 1098.2, "end": 1104.679}, {"text": "around the boiler shut off my valve and shut off my hot water tank so I had my hot water guy in the morning", "start": 1104.679, "end": 1111.12}, {"text": "tell me to follow it and open it up he says Pat it's been shut off it's been shut off on purpose you can't just it", "start": 1111.12, "end": 1116.159}, {"text": "doesn't just shut off on its own it's not it's not a a protection thing just somebody somebody did it and I have it", "start": 1116.159, "end": 1121.36}, {"text": "on camera and I've seen I've seen it and I approached and I I called the Greg and he says oh I'm sorry I didn't know that", "start": 1121.36, "end": 1126.919}, {"text": "that was that I thought it was had to do something with the boiler so he made something story up okay um", "start": 1126.919, "end": 1134.919}, {"text": "uh I then after this appeal went in after the 25th I get a uh phone call", "start": 1139.4, "end": 1145.24}, {"text": "from Greg who is now my property manager telling me that Carl my landlord is willing to split the cost with me uh of", "start": 1145.24, "end": 1152.44}, {"text": "repairing or not repairing because it can't be repaired of replacing the system and they came up with some idea", "start": 1152.44, "end": 1158.32}, {"text": "to put in some um uh gez I forget what it's called but it's it's an inferior", "start": 1158.32, "end": 1163.48}, {"text": "system because they wanted to put a 1 and 1/2 ton unit in there to replace my air conditioner and my uh boiler which", "start": 1163.48, "end": 1170.159}, {"text": "would give me heat in the winter and uh air conditioning in the summer um I I", "start": 1170.159, "end": 1176}, {"text": "then investigated because now I'm trying to get smart about it and and and and and and educate myself and I called", "start": 1176, "end": 1181.32}, {"text": "three different people that told me that one and a half ton is not going to cover anything in that restaurant it's 1,800 Square ft uh and this is the reason why", "start": 1181.32, "end": 1188}, {"text": "they wanted me to do it because it would he would he would suffice his contract with me on my lease saying that he", "start": 1188, "end": 1193.36}, {"text": "provided me with with heat uh I haven't heard anything from them I had my own people quote which quoted three times", "start": 1193.36, "end": 1199.96}, {"text": "the price that they did he wanted me to pay for half of whatever he said that he was going to do and uh I haven't had", "start": 1199.96, "end": 1205}, {"text": "this conversation with him since that", "start": 1205, "end": 1209.4}, {"text": "um uh I have had to he hasn't he hasn't even provided me with any source of heat", "start": 1211.039, "end": 1216.6}, {"text": "in the restaurant at all I've had to put in my own heating systems like uh um um", "start": 1216.6, "end": 1222.679}, {"text": "Whatchamacallit uh electric heaters and whatnot um plugs uh to plug them in uh I", "start": 1222.679, "end": 1230.36}, {"text": "brought this with me cuz it's caused fires in my restaurant okay because of it um the I finding that out which I've", "start": 1230.36, "end": 1237.919}, {"text": "called the electrical Authority uh I've been told that the uh um electrical", "start": 1237.919, "end": 1244.28}, {"text": "panel is inferior and it should be changed completely to 100 amp as opposed", "start": 1244.28, "end": 1249.32}, {"text": "to a 60 because I'm running way too many things I also have another um uh electrical panel in one of the other", "start": 1249.32, "end": 1255.919}, {"text": "buildings in 20 which I have no access to because he took my my key so if my furnaces sorry if my uh stoves go down I", "start": 1255.919, "end": 1262.52}, {"text": "can't access that so now electrical is no good there's so many different things in this place is no good that that are", "start": 1262.52, "end": 1268.32}, {"text": "no good that need to be done and be need to be replaced and I don't know I don't", "start": 1268.32, "end": 1273.64}, {"text": "know if it's Tony advising him these things or not but it's just something that needs to be done in my place it's I", "start": 1273.64, "end": 1280.039}, {"text": "I'm losing customers I can prove to you the the the lack of business I have this year versus last year and I've been", "start": 1280.039, "end": 1285.559}, {"text": "there for uh full three years I just started my fourth year", "start": 1285.559, "end": 1290.52}, {"text": "okay thank you any questions from the committee um you have", "start": 1291.96, "end": 1299.44}, {"text": "one Dan okay I just have one question actually um what's your understanding", "start": 1299.44, "end": 1306.679}, {"text": "what's your interpretation of the lease as to your responsibilities for the furnace in AC my interpretation of the", "start": 1306.679, "end": 1311.88}, {"text": "lease is that I need to maintain uh those things that are that that belong to the to the building in", "start": 1311.88, "end": 1318}, {"text": "order for me to have proper heat and air conditioning so I do my uh due diligence", "start": 1318, "end": 1323.4}, {"text": "every year I replace the uh um uh what do you call them ail the filters", "start": 1323.4, "end": 1330.559}, {"text": "I replac the filters I bleed the lines make sure that I open it properly to to do that and um I have somebody come in", "start": 1330.559, "end": 1336.919}, {"text": "and do that for me uh the first year that I wasn't responsible for it that he he did he did it the second year the", "start": 1336.919, "end": 1342.919}, {"text": "first year nothing happened he did it the second year I did it the third year this is the fourth year now so I've had that done I've change the filters uh I", "start": 1342.919, "end": 1350.48}, {"text": "only need to change them once that's what I was told because it's only for the months of of of it's not doesn't", "start": 1350.48, "end": 1356.72}, {"text": "work as both a heater and air conditioning it's just a boiler so it only works for four or five months that I have the heat on um so my", "start": 1356.72, "end": 1363.84}, {"text": "understanding is that he's supposed to supply me with functioning units and I'm supposed to maintain them I don't have functioning units which by the way um 2", "start": 1363.84, "end": 1372.32}, {"text": "years ago my air conditioner went uh completely kapo didn't work at all", "start": 1372.32, "end": 1377.72}, {"text": "didn't call me didn't ask me anything he replaced it without any questions asked so why is that different than this", "start": 1377.72, "end": 1383.159}, {"text": "number one number two he asked me to pay my rent two weeks in advance so he could", "start": 1383.159, "end": 1388.2}, {"text": "pay the air conditioning guy that replaced it and I did because I figured", "start": 1388.2, "end": 1393.24}, {"text": "you know he needed help I'm a nice person and that's what I did and now he's you know turning around and doing this to me so those that's what I", "start": 1393.24, "end": 1401.32}, {"text": "understand that least to say okay thank you any questions from town staff for the", "start": 1401.32, "end": 1407.44}, {"text": "witness seeing none uh Mr cork do you have any questions of of the", "start": 1407.44, "end": 1413.08}, {"text": "witness uh nothing that won't be covered in my presentation chair okay thank you you can step down", "start": 1413.08, "end": 1420.559}, {"text": "thanks okay Mr Quirk", "start": 1427.84, "end": 1432.52}, {"text": "um do you affirm the evidence of given to you relating to the matters and question between the parties the", "start": 1436.12, "end": 1441.36}, {"text": "proceeding shall be the truth the whole truth nothing but the truth IA so airm okay thank you can go ahead thank you uh", "start": 1441.36, "end": 1449}, {"text": "Mr chair I'm sorry I emailed uh the presentation to Noah I wasn't sure if it's one that I can share my screen with", "start": 1449, "end": 1454.279}, {"text": "with the system or if uh someone has to control it for me yeah she'll just bring it up one", "start": 1454.279, "end": 1459.44}, {"text": "second okay no no that means I can read it on a different screen that's important okay can you see it I can", "start": 1459.44, "end": 1467.039}, {"text": "thank you okay go ahead so Mr chair uh through you", "start": 1467.039, "end": 1474.679}, {"text": "and to the members of committee I appreciate your time today dealing with what is essentially a landlord tenant dispute and unfortunately the town of gy", "start": 1474.679, "end": 1481.32}, {"text": "has been uh drawn into it um I I have some uh commentary that I can leave to", "start": 1481.32, "end": 1486.88}, {"text": "the end if I have some time with respect to some of the uh statements made by uh the tenant but um definitely some", "start": 1486.88, "end": 1493.88}, {"text": "inaccuracies in his presentation which I can refer to and have some uh pictures I can show as proof but first of all if I", "start": 1493.88, "end": 1500.24}, {"text": "can go to the next slide um the enforcement officer indicated that there were three opt or four options for the", "start": 1500.24, "end": 1506.96}, {"text": "committee we are actually requesting that the order be nullified um and failing that that we believe that the", "start": 1506.96, "end": 1512.52}, {"text": "order should be reissued in the name of the leasi uh a bistro Ontario Inc given", "start": 1512.52, "end": 1518}, {"text": "section 2.18 of the bylaw which says an owner includes the lease or occupant of a property who under the terms of a", "start": 1518, "end": 1523.679}, {"text": "lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of the property", "start": 1523.679, "end": 1528.88}, {"text": "um so that's that's the the first part we just go to the next slide um the uh", "start": 1528.88, "end": 1534.24}, {"text": "the other section uh that we refer to within the Property Standards Act is the responsibility of the occupant not", "start": 1534.24, "end": 1539.919}, {"text": "withstanding the responsibility of the owner where the maintenance of the property affected by this byw is by written terms of lease agreement for", "start": 1539.919, "end": 1545.48}, {"text": "occupancy made the responsibility of the occupant Property Standards officers may require the occupant to repair and maintain the property to the", "start": 1545.48, "end": 1551.559}, {"text": "satisfaction of the Property Standards officer in accordance with the particulars of the repairs set forth in the order so that's from right from the", "start": 1551.559, "end": 1557.96}, {"text": "property daners bylaw the other comment I would just like to make with respect to the original testimony by the uh the", "start": 1557.96, "end": 1564.52}, {"text": "officer was that she uh reviewed the lease and by reviewing the lease suggested that um the uh the order", "start": 1564.52, "end": 1571.799}, {"text": "should be issued to the landlord um we had to provide the copy of the lease", "start": 1571.799, "end": 1577.399}, {"text": "after the order was issued so I'm not sure which version she reviewed um but", "start": 1577.399, "end": 1582.679}, {"text": "the actual lease was provided after the order had been issued to the owner of the uh the building if I could just", "start": 1582.679, "end": 1588.36}, {"text": "asked for the next slide um so in sense the issue uh don't", "start": 1588.36, "end": 1593.88}, {"text": "disagree with the issue as indicated by uh Pat in his presentation um the", "start": 1593.88, "end": 1599.039}, {"text": "startup boiler at the startup there was a contractor called in um it wasn't the", "start": 1599.039, "end": 1604.279}, {"text": "contractor that has been doing it since I used to own the building um no uh no surprise to anyone who knows me from", "start": 1604.279, "end": 1609.72}, {"text": "around town I used to own the building I still have an interest in the building holding the mortgage on the building um", "start": 1609.72, "end": 1615.399}, {"text": "but uh the same people have been maintaining it the father and son team that uh um Pat so quickly dismissed is", "start": 1615.399, "end": 1623.48}, {"text": "the same group that's been uh managing and repairing at 72 degrees they're known well within Grimsby they've been doing heating and air conditioning", "start": 1623.48, "end": 1629.76}, {"text": "within Grimsby for thousands of clients within Grimsby they're well known they're not uh some father and son team", "start": 1629.76, "end": 1635.88}, {"text": "off the street that wasn't the contractor that Pat called the one that they've been using since uh since I was", "start": 1635.88, "end": 1643}, {"text": "uh owning the building and had been using it right up until 2021 um we were informed uh at the time uh the landlord", "start": 1643, "end": 1650.48}, {"text": "was informed that the boiler had been red tagged it was not repairable um after that the uh 72 degrees did go in", "start": 1650.48, "end": 1658.64}, {"text": "and take a look at it and they did say it could be repaired um the hood in question has cracked it's the collection", "start": 1658.64, "end": 1665.44}, {"text": "hood for the uh burner gases exhaust of burner gases on a boiler uh it can be repaired um there's no reason why it", "start": 1665.44, "end": 1672.48}, {"text": "can't be um but um their uh Pat had", "start": 1672.48, "end": 1677.72}, {"text": "contacted landlord and told them the boiler had to be replaced um the landlord citing the lease indicated that", "start": 1677.72, "end": 1683.12}, {"text": "the heating and air conditioning were the leasy responsibility per the lease next slide please the lease states that cattows", "start": 1683.12, "end": 1690.44}, {"text": "equipment Slicker license and maintenance all cattows listed as is no warranty for Quality all maintenance of", "start": 1690.44, "end": 1695.559}, {"text": "equipment including AC furnace within the restaurant is a tennis responsibility during the lease the lease was signed in August", "start": 1695.559, "end": 1702.159}, {"text": "2021 um the uh the comment the the point that we're having the issue with between", "start": 1702.159, "end": 1707.279}, {"text": "the landlord the tenant and what's dragged the town into this discussion is the wording of this part however", "start": 1707.279, "end": 1712.399}, {"text": "landlord makes sure to deliver functioning AC and furnace and it's the", "start": 1712.399, "end": 1717.679}, {"text": "uh assertation of the landlord that as of the signing of the lease a functioning AC and furnace were", "start": 1717.679, "end": 1724.559}, {"text": "delivered um and at that point all uh equipment was no longer under warranty", "start": 1724.559, "end": 1730.36}, {"text": "and was the requirement of the lease to deal with I.E um augi Bistro the next slide please", "start": 1730.36, "end": 1738.559}, {"text": "despite the fact that it was delivered functionally in August because it hadn't been uh used the previous year because", "start": 1738.84, "end": 1746.48}, {"text": "it's simply for heating um the uh appellant the landlord made arrangements for 72 degrees to go in to do the first", "start": 1746.48, "end": 1753.159}, {"text": "maintenance in November 2021 just before it got cold uh in the first year of the", "start": 1753.159, "end": 1758.72}, {"text": "lease the equipment then functioned as promised from 20 the winter of 2021-22 it functioned again the winter", "start": 1758.72, "end": 1765}, {"text": "of 2022 23 and it functioned again the Third winter 2023 2024 um we're now in the 2024 2025", "start": 1765, "end": 1773.519}, {"text": "winter and that's when it stopped working so um the testimony provided by Pat is not accurate uh in terms of the", "start": 1773.519, "end": 1780.24}, {"text": "number of years that he was responsible for it and what happened the very first year he was there um after the first", "start": 1780.24, "end": 1788.36}, {"text": "round of updates from the landlord in November 2021 at that point the", "start": 1788.36, "end": 1793.72}, {"text": "maintenance and repairs fell to the lease next slide please", "start": 1793.72, "end": 1799.799}, {"text": "the last time we can prove the unit was maintained was in 2021 that was the sticker done by 72 degrees um at the", "start": 1799.799, "end": 1807.44}, {"text": "landlord's expense using the landlord's constru contractor and as I said this was to ensure that the unit was quote", "start": 1807.44, "end": 1813.519}, {"text": "delivered functional and uh the date on there November 2nd 2021 next and this Kevin is the is Bob's", "start": 1813.519, "end": 1822.159}, {"text": "son Kevin and Bob were the fatherson team that have been working on this for a long time um", "start": 1822.159, "end": 1828.559}, {"text": "after we have repeatedly requested um either from the property manager or the landlord the leas has not provided any", "start": 1828.559, "end": 1835.279}, {"text": "written reports or proof for maintenance um uh we got an email from the property manager basically saying uh he asked Pat", "start": 1835.279, "end": 1843.36}, {"text": "for both the maintenance log and the tagout report which was evidently emailed to the town but he was unable or unwilling to provide it to either the", "start": 1843.36, "end": 1850}, {"text": "requested documents next slide", "start": 1850, "end": 1854.76}, {"text": "please um when the Lei was a informed of his responsibility to repair replace the heating system he that's when he", "start": 1855.44, "end": 1861.6}, {"text": "contacted the town of grimby and requested an inspection by the property standard B officer um the B officers did", "start": 1861.6, "end": 1867.36}, {"text": "not ask to see the lease till after the Property Standards have been issued uh when informed that the lease indicated the lease was responsible Henry boy", "start": 1867.36, "end": 1873.72}, {"text": "provided the following email response thank you for your in-depth email on this matter could you please send over a signed copy of the lease agreement as", "start": 1873.72, "end": 1879.88}, {"text": "the Property Standards bylaw defines the owner as a property owner or the lease of the property this would definitely", "start": 1879.88, "end": 1885}, {"text": "assist our office in determining who was responsible next next slide", "start": 1885, "end": 1890.08}, {"text": "please um we provided a copy of the lease and expected that to be the end of the matter unfortunately after that uh I", "start": 1890.08, "end": 1897.679}, {"text": "had to follow out with both Emily and Henry to see if they reviews the lease uh and did not get any response until", "start": 1897.679, "end": 1903.36}, {"text": "November 15th when he responded thank you for sending over that information upon reviewing the documents our department is on the belief that the", "start": 1903.36, "end": 1909.12}, {"text": "responsibility provide a functioning furnace or sourcely suitable heat um and that was November 15 that was why the", "start": 1909.12, "end": 1915.399}, {"text": "date for the delay for the appeal was not till the 16th I would also let", "start": 1915.399, "end": 1920.96}, {"text": "the committee know that in the meantime between uh the issuing of the order uh", "start": 1920.96, "end": 1926.039}, {"text": "the visit uh from myself to the uh to the site as a previous owner I had some", "start": 1926.039, "end": 1931.279}, {"text": "history with the boiler and was asked by the landlord to take a look at it um the uh staff was quite happy to show us to", "start": 1931.279, "end": 1938.399}, {"text": "the basement there was no animosity no uh comment saying you can't go down there without Pat um Chris was quite", "start": 1938.399, "end": 1944.88}, {"text": "happy to go down there show us everything in fact he pointed out uh uh an issue with that he felt with respect", "start": 1944.88, "end": 1950.32}, {"text": "to where the power was coming from um and we had a good conversation with uh with him at the time there's no", "start": 1950.32, "end": 1956.12}, {"text": "animosity at that point whatsoever um when we uh finished looking at the uh the building I uh the boiler I did leave", "start": 1956.12, "end": 1963.36}, {"text": "Pat came over he was uh he was very aggressive uh and I responded in kind um", "start": 1963.36, "end": 1969.6}, {"text": "and uh but I left and then he and Greg uh finished the discussion in the meanwhile I had been in contact with uh", "start": 1969.6, "end": 1976.159}, {"text": "Henry at the uh Property Standards officer to say um here's what we're looking at recommending doing do you", "start": 1976.159, "end": 1982.679}, {"text": "have any uh input on that which of these things would require building permit um we have been trying to find a solution", "start": 1982.679, "end": 1988.559}, {"text": "for this um and uh that's basically uh where we've got to with dragging the", "start": 1988.559, "end": 1994.679}, {"text": "town into this next par next slide please um our position is that the town", "start": 1994.679, "end": 2001.6}, {"text": "of grinby through its bylaw Property Standards have inserted themselves into a landlord tenant dispute for commercial lease uh despite this property standards", "start": 2001.6, "end": 2008.08}, {"text": "order mCP has been exploring options including repairing the existing boiler system replacing baseboard heaters for a new forc air heat pump uh heat pump was", "start": 2008.08, "end": 2015.36}, {"text": "the term that uh we were talking about the 1.5 ton heat point for 1,800 square feet is more than adequate a 1.5 ton", "start": 2015.36, "end": 2021.84}, {"text": "heat pump will heat heat and cool up to 3,000 square feet uh we are suggesting", "start": 2021.84, "end": 2028.559}, {"text": "that the installation Supply will be the responsibility of the lease um the town involving itself dispute has eliminated", "start": 2028.559, "end": 2034.76}, {"text": "any requirement for negotiation with the lei um we have not received any of the", "start": 2034.76, "end": 2040.72}, {"text": "documentation that we've requested from the Le and in fact when we went to look at the boiler the there's so much of his", "start": 2040.72, "end": 2048.56}, {"text": "uh material in the basement that it would have been uh difficult if not impossible to do any work in timely manner in the the basement um we have no", "start": 2048.56, "end": 2056.28}, {"text": "proof that the equipment has been properly serviced over the past three Summers I just also like to add that while the landlord did replace the air", "start": 2056.28, "end": 2063.079}, {"text": "conditioning at his own cost there was no obligation for him to do that and he made it very clear that he was doing so", "start": 2063.079, "end": 2069.079}, {"text": "you know not to set a precedent um the uh the landlord uh in question has tried", "start": 2069.079, "end": 2074.76}, {"text": "to be uh reable all the way through this uh this dispute next uh next slide", "start": 2074.76, "end": 2081.598}, {"text": "please I believe that's the end of the uh presentation um I'd just like to add", "start": 2082.28, "end": 2087.919}, {"text": "a couple things with respect to um the requirement of the Property Standards", "start": 2087.919, "end": 2093.8}, {"text": "order is to repair or replace um the only way we can legitimately repair it is if we have access to the red tag uh", "start": 2093.8, "end": 2101.2}, {"text": "documentation so we can know exactly what the repair requirements to bring our own contractor in um as you may or", "start": 2101.2, "end": 2106.64}, {"text": "may not know a contractor someone red tags it the other contractor has to see the red tag to uh to be able to", "start": 2106.64, "end": 2113.68}, {"text": "determine what repairs are and aren't feasible um it is the expert opinion of", "start": 2113.68, "end": 2119.079}, {"text": "our contractor that it is repairable and the problem is with the way the lease Works currently if the boiler is", "start": 2119.079, "end": 2124.92}, {"text": "considered repairable it's Pat's responsibility um he is now not provided", "start": 2124.92, "end": 2130.76}, {"text": "information with the hope that we're being forced through the town's actions to replace the boiler completely um and", "start": 2130.76, "end": 2139.24}, {"text": "apologize chair I haven't been watching the time I'm not sure if I've used that my 10 minutes or not no you have enough time to present your case thanks just", "start": 2139.24, "end": 2146.8}, {"text": "the last thing I just wanted to add uh again is that we have been trying to", "start": 2146.8, "end": 2152.56}, {"text": "find a solution uh working with the um uh the tenant in the past uh Carl and", "start": 2152.56, "end": 2160.76}, {"text": "Maria the two landlords have um gone above and beyond to try to make things work um some of the other issues that", "start": 2160.76, "end": 2167.64}, {"text": "Pat has raised are issues with respect to electrical um things like putting two", "start": 2167.64, "end": 2174.119}, {"text": "pizza ovens that draw a significant amount of amperage out um when he points out that the plug melted he didn't use", "start": 2174.119, "end": 2180.88}, {"text": "the appropriate sized extension cord for a 1500 watt heater um those sort of", "start": 2180.88, "end": 2186.16}, {"text": "things are things that he should be doing uh as part of his responsibilities", "start": 2186.16, "end": 2191.44}, {"text": "um we uh we recognize and we are uh you know disheartened that the town has been", "start": 2191.44, "end": 2196.96}, {"text": "drawn into what would essentially be a landlord tenant dispute um but with that we hope the committee would consider", "start": 2196.96, "end": 2203.24}, {"text": "again either uh nullifying the order uh allowing negotiations between a landlord attendant to proceed or alternatively um", "start": 2203.24, "end": 2211.76}, {"text": "uh reissuing the order in Pat's name and taking the uh obligation off the landlord as they do not feel that", "start": 2211.76, "end": 2218}, {"text": "they're responsible they they lived up to their obligations under the lease which was to deliver functioning equipment as of the signing of the lease", "start": 2218, "end": 2225.88}, {"text": "thank you Mr chair okay thank you any questions from the", "start": 2225.88, "end": 2231.599}, {"text": "committee go ahead faia through um you chair I have a", "start": 2232.8, "end": 2240}, {"text": "question for Mr Quirk um can you supply the name of the contractor that told you", "start": 2240, "end": 2246.72}, {"text": "that boiler is fixable the one that's been working on it through you chair yes yes ma'am 72", "start": 2246.72, "end": 2254.64}, {"text": "deges Kevin 72 degrees who's the contractor who we've been using since his dad Bob was running the company and", "start": 2254.64, "end": 2261.48}, {"text": "that's a Grimsby company uh it's a might be a 563 number but they definitely do work in", "start": 2261.48, "end": 2268.44}, {"text": "gby and the contractor that's states that the boiler does not work do you", "start": 2268.44, "end": 2275}, {"text": "know what his name was no ma'am we've asked for the the we asked for the uh", "start": 2275, "end": 2280.68}, {"text": "tag out from the uh the Lei and he would not provide it evidently he provided it to the town but he wouldn't provide it", "start": 2280.68, "end": 2286.839}, {"text": "to us um the uh the fact that it was emailed after the fact um most licensed", "start": 2286.839, "end": 2292.72}, {"text": "TSS agents carry those pads with them um as a matter of course it should be in their pad they don't necessarily", "start": 2292.72, "end": 2299.52}, {"text": "reputable ones have them with them is what I will say to you uh I don't know the name because it wasn't provided to", "start": 2299.52, "end": 2305.76}, {"text": "us okay that's it thank you thanks chair thank you any further questions", "start": 2305.76, "end": 2311.72}, {"text": "from the committee yeah uh thank you", "start": 2311.72, "end": 2318.64}, {"text": "um in your notice for appeal Mr Quirk um it says ongoing maintenance and repair", "start": 2318.64, "end": 2325.88}, {"text": "is the responsibility of the tenant um so I'm just confused on that maintenance and repair and then in the", "start": 2325.88, "end": 2332.92}, {"text": "tenant lease agreement um it says all maintenance of", "start": 2332.92, "end": 2338.119}, {"text": "equipment uh so it only has the one word maintenance in it um", "start": 2338.119, "end": 2343.839}, {"text": "and so so I'm trying to word my question here or think of my question um I agree", "start": 2343.839, "end": 2351.8}, {"text": "that maintenance is up to the tenant uh to to maintain the boiler um", "start": 2351.8, "end": 2358.16}, {"text": "but I don't like I said I don't see that word repair or replacement in the lease so I'm having a hard time kind of", "start": 2358.16, "end": 2364.16}, {"text": "getting on side with that one um and then sorry can I respond to each point", "start": 2364.16, "end": 2371.119}, {"text": "yeah pleas and answer your question um the argument I would make is maintenance", "start": 2371.119, "end": 2376.2}, {"text": "is repairing if there is uh minor maintenance that needs to be done but if maintenance isn't being done like so let", "start": 2376.2, "end": 2383.599}, {"text": "me put it in in regards this way if you have a warranty on your car and you don't do the maintenance uh and minor", "start": 2383.599, "end": 2390.359}, {"text": "repairs that are required the warranty may be uh uh disallowed if you take your", "start": 2390.359, "end": 2396.119}, {"text": "car in after you after the fact if you haven't done your maintenance so we have no proof that maintenance has been done on the on the equipment that's the first", "start": 2396.119, "end": 2403.24}, {"text": "thing the other thing is that very clearly within the lease we said chadow equipment liquor license maintenance all", "start": 2403.24, "end": 2408.76}, {"text": "cattows listed as is no warranty for Quality that includes all equipment", "start": 2408.76, "end": 2413.8}, {"text": "including AC and furnace so we clearly said that for all equipment um because you have to remember that there was also", "start": 2413.8, "end": 2420.079}, {"text": "other kitchen equipment and other things that have been added to the restaurant over the years from the time it was Cheo", "start": 2420.079, "end": 2426.16}, {"text": "to the time that Carl took over to the time the pat took over so and because it's a single the", "start": 2426.16, "end": 2433.8}, {"text": "boiler system only heats the one unit that's part of the equipment within the the lease and I mean that's the argument", "start": 2433.8, "end": 2439.48}, {"text": "that we're using and we're making to the committee okay thank you um then a", "start": 2439.48, "end": 2445.92}, {"text": "followup um can you provide documentation that states that a lack of Maintenance led to the demise of the", "start": 2445.92, "end": 2453.4}, {"text": "boiler uh can I say that definitely maintenance all I know is that when it", "start": 2453.4, "end": 2460.44}, {"text": "was maintained for 20 odd years it worked um when it stopped being maintained it stopped working so the", "start": 2460.44, "end": 2466.96}, {"text": "issue is the hood is cracked so it obviously hasn't been maintained properly because the hoods can be", "start": 2466.96, "end": 2473}, {"text": "repaired right so if a hood rusts out it can be", "start": 2473, "end": 2479.68}, {"text": "repaired and maintained and we know we know what the issue is right if the hood has been the", "start": 2479.68, "end": 2485.72}, {"text": "crack in the hood", "start": 2485.72, "end": 2489.2}, {"text": "any further questions from the committee um I just have one I guess", "start": 2493, "end": 2498.88}, {"text": "it's going back to um would you agree there's a difference between the terms of Maintenance which is really to keep", "start": 2498.88, "end": 2505.599}, {"text": "something functioning and repair which is bringing something from a nonfunctioning state back to functioning", "start": 2505.599, "end": 2511.119}, {"text": "State because I'm guessing right now the the boiler is nonfunctioning", "start": 2511.119, "end": 2517.52}, {"text": "I would say to you chair that um maintenance and obvious involves some", "start": 2518.44, "end": 2523.52}, {"text": "minor repairs right it's not just straight straight uh forward in that", "start": 2523.52, "end": 2528.72}, {"text": "regard and I think ultimately when this goes to court that'll be what the judge will be asked to decide okay thank you very much any any", "start": 2528.72, "end": 2537.2}, {"text": "questions but with respect if maintenance isn't done then the repairs become uh exponential", "start": 2537.2, "end": 2544.16}, {"text": "right any questions from town staff", "start": 2544.16, "end": 2549.119}, {"text": "any questions from the uh Mr Russo just relating to the evidence that", "start": 2549.319, "end": 2554.64}, {"text": "was presented if you come to the podium", "start": 2554.64, "end": 2558.119}, {"text": "please so one is um the lease that you were showing up there before is", "start": 2563.76, "end": 2569}, {"text": "different lease than what I have here I have my original copy of my lease it looks like it's been changed to say", "start": 2569, "end": 2575.48}, {"text": "different words uh that are not on my lease and I can show it CU I brought it with me", "start": 2575.48, "end": 2581.48}, {"text": "um can you prove to me that I've been sent emails or requests uh t uh timestamped and dated", "start": 2581.48, "end": 2589.359}, {"text": "that uh uh for for uh the uh information that you", "start": 2589.359, "end": 2594.96}, {"text": "required uh sorry through you chair uh Pat when I met you in the basement I asked you for a copy of that uh tagout", "start": 2596.4, "end": 2602.839}, {"text": "report you showed it to no you didn't no you didn't you showed it you showed wrot it to me on your phone Pat and you said", "start": 2602.839, "end": 2609.16}, {"text": "this is the guy you told me to call and I said Pat it's not the guy I told you to call you didn't ask me for anything", "start": 2609.16, "end": 2614.28}, {"text": "you didn't ask me for anything do you have documentation do you have an email do you have a text that says that you", "start": 2614.28, "end": 2620.079}, {"text": "required this information you said that Greg on the 10 asked me let meish that", "start": 2620.079, "end": 2625.52}, {"text": "Greg asked me something one at'll definitely be happy to provide", "start": 2625.52, "end": 2631}, {"text": "that evidence when it goes to court please just just contain to the questions and just try and okay thanks", "start": 2631, "end": 2638.24}, {"text": "so um my question wasn't answered because I've asked if he has proof that he's asked me also the email that was", "start": 2638.24, "end": 2645.319}, {"text": "said that Greg sent me to request some information I don't have any email from anybody do they have an email a track if", "start": 2645.319, "end": 2652.76}, {"text": "it's an email you can track it you can tell that somebody sent it to me can you prove that to me because I've never received an email in request for", "start": 2652.76, "end": 2659.16}, {"text": "anything from you m Greg Mr cork uh I don't have any uh anything like that", "start": 2659.16, "end": 2666}, {"text": "because I'm not a contct for Pat so so can you provide me with proof from Greg that he sent me this", "start": 2666, "end": 2671.64}, {"text": "email not at this time no okay okay um doesn't doesn't change the issue doesn't", "start": 2671.64, "end": 2678.359}, {"text": "change the issue yeah it does to me it does to me because I would have provided you whatever you asked me just stick to", "start": 2678.359, "end": 2683.48}, {"text": "questions other comments S I apologize I've never done this before so I'm I'm very new to this I don't have all the", "start": 2683.48, "end": 2688.8}, {"text": "lingo that you guys use and whatnot um can I make a sorry I do actually have an", "start": 2688.8, "end": 2694.559}, {"text": "issue with you saying that this lease isn't the wording on your lease I have a I sent copy of", "start": 2694.559, "end": 2700.72}, {"text": "the yeah we just got to you just got to answer the questions um commentary you had the opportunity to present during uh", "start": 2700.72, "end": 2707.92}, {"text": "your your um direct uh is it possible for me to uh", "start": 2707.92, "end": 2713.48}, {"text": "have my cook uh or Chef whoever it is Chris that he mentioned uh uh give an", "start": 2713.48, "end": 2719.559}, {"text": "affidavit about what he said and uh saying that he didn't want him to go in the basement and he says that he was", "start": 2719.559, "end": 2725.2}, {"text": "amicable and wanted him to go as in terms of this uh hearing I mean uh", "start": 2725.2, "end": 2732.88}, {"text": "because it's he said or she said right he's about that what's the relevance to the to the relevance is that he had no", "start": 2732.88, "end": 2738.92}, {"text": "permission to go down in the basement and he was the one that was aggressive not me okay I got called in so I wanted", "start": 2738.92, "end": 2744.119}, {"text": "to prove that he had nobody gave him permission to go down there and uh the sticker that's on that uh on on the", "start": 2744.119, "end": 2750.68}, {"text": "thing over on the boiler that he's showing is brand new they put it there that day that's a brand new sticker yeah", "start": 2750.68, "end": 2757.2}, {"text": "I was looking you're a liar that's Absol Li Mr", "start": 2757.2, "end": 2763.559}, {"text": "Quirk thank you any further questions no thank you okay uh Dylan you have a", "start": 2763.559, "end": 2771.04}, {"text": "question for Mr cork you um uh sorry the question was to Mr", "start": 2771.04, "end": 2778.2}, {"text": "was M was directed to Mr Russo so okay maybe it's just simple yeah if you want", "start": 2778.2, "end": 2784.04}, {"text": "to go ahead it's it's sorry it's just it's just a quick clarification based on what was presented by Mr Quirk yeah um", "start": 2784.04, "end": 2791.119}, {"text": "okay the the three years of maintenance on the boiler is there do you have documented", "start": 2791.119, "end": 2798.92}, {"text": "proof that the that the years in question since 2021 annual maintenance maintenance was", "start": 2798.92, "end": 2806.52}, {"text": "completed so 2021 I didn't do maintenance I took over in August of 2021 he uh he opened the uh the boiler", "start": 2806.52, "end": 2815.24}, {"text": "up for me uh during that time I was new 2022 he brought in these two son Father", "start": 2815.24, "end": 2820.559}, {"text": "and Son team to do it uh 2023 I have documentation of what my guy did he came", "start": 2820.559, "end": 2826.64}, {"text": "in uh I have to I have to find it but it's a bill that he did he he was he charged me 150 bucks to change the", "start": 2826.64, "end": 2832.52}, {"text": "filter bleed the line uh and just do a little cleaning around the around the boiler itself and 2024 is now so I'm ENT", "start": 2832.52, "end": 2840.48}, {"text": "I just entered my fourth year yeah if you need documentation for that one year that I that I did it yeah", "start": 2840.48, "end": 2846.559}, {"text": "absolutely absolutely I have that but the first year I didn't have to and the second year uh he brought in this this", "start": 2846.559, "end": 2852.28}, {"text": "company that the Father and Son team that uh and and for some reason I asked him for their number and their", "start": 2852.28, "end": 2858.319}, {"text": "information and he was not able to provide it to me all of a sudden it's it's available sorry just to be clear through", "start": 2858.319, "end": 2865.88}, {"text": "you Mr chair the the 2223 that was that where the maintenance was done by 72", "start": 2865.88, "end": 2871.119}, {"text": "degrees sorry was that who who called that was that the the landlord who", "start": 2871.119, "end": 2876.16}, {"text": "called that was is this sorry was it Carl who who called them in yes just so I'm clear just so I'm clear of which", "start": 2876.16, "end": 2882.599}, {"text": "party did what so Carl called them on my on my behalf okay uh because uh I needed", "start": 2882.599, "end": 2889.24}, {"text": "the boiler to start up and uh they came in on my behalf and they uh they actually showed me what I should be", "start": 2889.24, "end": 2894.359}, {"text": "doing because it was new to me and whatnot so uh but I haven't seen them since hav't heard I I don't even have", "start": 2894.359, "end": 2899.68}, {"text": "their number okay thank you very much you're welcome okay thank you any other further", "start": 2899.68, "end": 2906.52}, {"text": "questions from the committee for Mr", "start": 2906.52, "end": 2910.16}, {"text": "cork seeing none it's time to uh I guess make a decision so upon considering the", "start": 2912, "end": 2917.48}, {"text": "appeal the committee May confirm the order modify the order uh sorry I just had a quick question for staff before I", "start": 2917.48, "end": 2923.599}, {"text": "get get into that um what was you you suggested that the it be uh", "start": 2923.599, "end": 2930.16}, {"text": "extended", "start": 2930.16, "end": 2933.16}, {"text": "correct sorry Mind through you Mr chair do you mind repeating that I just want to make sure I'm answer yeah uh I think", "start": 2935.359, "end": 2940.92}, {"text": "one of the recommendations that you said that the order be extended um when would", "start": 2940.92, "end": 2946.72}, {"text": "that be until that through you Mr chair that would be up to the committee um do you", "start": 2946.72, "end": 2954.559}, {"text": "have any any kind of operating you know requirements for that through you Mr", "start": 2954.559, "end": 2960.559}, {"text": "chair no okay perfect thank you okay so upon considering the appeal", "start": 2960.559, "end": 2966.4}, {"text": "the committee May confirm the order modify the order resend the order or extend the compliance date on the order as the committee considers appropriate", "start": 2966.4, "end": 2973}, {"text": "the Motions required with respect to decision under the appeal shall be seconded and shall be read by the chair", "start": 2973, "end": 2978.04}, {"text": "before debate and shall be read again by the chair before being being voted on once seconded the Motions may be debated", "start": 2978.04, "end": 2984.079}, {"text": "by the committee in situations where more than one decision is under appeal each appeal shall be debated separately", "start": 2984.079, "end": 2989.16}, {"text": "and voted on separately once each member of the committee has have opportunity to State their position on the appeal", "start": 2989.16, "end": 2994.839}, {"text": "before it the chair shall call for a vote so our motions Ops are to um confirm the Property Standards", "start": 2994.839, "end": 3003.599}, {"text": "order 2024 560 um resend the same", "start": 3003.599, "end": 3008.839}, {"text": "order um extend the compliance date for the same order or uh modify the same", "start": 3008.839, "end": 3014.799}, {"text": "order so do we have any motions go ahead yeah through you chair um I find it", "start": 3014.799, "end": 3021.72}, {"text": "resolved that Property Standards um that the Property Standards committee confirm", "start": 3021.72, "end": 3026.76}, {"text": "property standard order number 2024 560 and I", "start": 3026.76, "end": 3033.44}, {"text": "yep okay thank you is there a seconder on that Favia", "start": 3033.44, "end": 3040.839}, {"text": "second okay discussion on the motion anyone have any comments or", "start": 3047.48, "end": 3053.52}, {"text": "reasons why they're supporting it yeah the reason the reason why I'm", "start": 3053.52, "end": 3059.52}, {"text": "supporting it is um again the wording of the lease I see maintenance I see no", "start": 3059.52, "end": 3065.2}, {"text": "reason how um the the boiler could get to this state there's no documentation that proves that a lack of Maintenance", "start": 3065.2, "end": 3072.2}, {"text": "got it to this state where it needs to be repaired or replaced we're not sure at that point what it is yet um and so", "start": 3072.2, "end": 3079.68}, {"text": "it's for that reason why I'm I'm uh resolving that we confirm the Property Standards order", "start": 3079.68, "end": 3087.24}, {"text": "okay thank you any further comments or debate from the committee seeing none um I'll just offer", "start": 3087.24, "end": 3093.44}, {"text": "some of my comments me a second here um yeah sort of to me there's two questions", "start": 3093.44, "end": 3100.92}, {"text": "before us and was there violation of the Property Standards order which I think clearly there is there's no functioning", "start": 3100.92, "end": 3106.72}, {"text": "heat um was it ordered uh was the order issued to the correct party and uh", "start": 3106.72, "end": 3112.799}, {"text": "section eight of the lease agreement I think really is the focus here and", "start": 3112.799, "end": 3118.319}, {"text": "um it just it says basically maintenance", "start": 3118.319, "end": 3124.839}, {"text": "uh and the I I don't know the other committee members agree but I found it", "start": 3124.839, "end": 3130.76}, {"text": "was kind of ambiguous as in terms of there's no mention of repair and there's", "start": 3130.76, "end": 3136.16}, {"text": "a legal principle on contract law called uh I'm going to get my Latin terrible Contra preferentum it means", "start": 3136.16, "end": 3144.44}, {"text": "against the offerer is it's a contract law principle that where there's ambigu ambiguity in a contract and I think", "start": 3144.44, "end": 3151.72}, {"text": "there is in this lease that the ambigu ambiguity goes against the person uh who", "start": 3151.72, "end": 3158.16}, {"text": "drafted on the premise that they may benefit from this ambiguity and I think this is the case here um so I believe", "start": 3158.16, "end": 3166.079}, {"text": "that provision and uh I also gave some weight to that the the landlord deliver", "start": 3166.079, "end": 3172.079}, {"text": "a functioning AC INF furnace I mean that's up to Legal interpretation whether it's instantaneous at the time", "start": 3172.079, "end": 3177.68}, {"text": "of a lease or whether it's ongoing um these are the reasons why I I", "start": 3177.68, "end": 3182.88}, {"text": "support the motion so any other further comments or questions from the", "start": 3182.88, "end": 3188.92}, {"text": "committee seeing none I'll read the oh go ahead through your chair I just", "start": 3189, "end": 3194.319}, {"text": "wanted to add one thing I agree with everything both of you have stated I", "start": 3194.319, "end": 3199.359}, {"text": "also thought the lease was very weak in its wording and I looked up the land Lord", "start": 3199.359, "end": 3206.799}, {"text": "Tenant Act and the landlord is responsible to keep the property in good state of repair and also to to um Supply", "start": 3206.799, "end": 3217.04}, {"text": "heating at 72 Dees from September to June so I took everything into account", "start": 3217.04, "end": 3223.44}, {"text": "and I totally support how we're moving tonight okay thank you any further", "start": 3223.44, "end": 3229.28}, {"text": "comments or questions seeing none I'll just read the motion again be it resolved that uh", "start": 3229.28, "end": 3236.92}, {"text": "moved by Dan second by faia resolved that Property Standards committee Property Standards order number 2024", "start": 3236.92, "end": 3244.839}, {"text": "560 uh be confirmed all those in favor to say I or", "start": 3244.839, "end": 3249.92}, {"text": "raise your hand oppose if any that was", "start": 3249.92, "end": 3255.64}, {"text": "carried uh Mr cork so the the appeal uh was upheld in the sorry the appeal was", "start": 3255.64, "end": 3261.839}, {"text": "dismissed and the uh the Property Standards order is confirmed thank you thank you chair I understand that we", "start": 3261.839, "end": 3268}, {"text": "have 14 days to appeal could I find out if that's 14 business days or 14 calendar days I'll days we get notice I", "start": 3268, "end": 3275.839}, {"text": "I'll just read what I have here it says um municipality in which the property situated or any owner occupant or person", "start": 3275.839, "end": 3283.319}, {"text": "uh by a decision of the Property Standards committee May appeal to the superior court of justice by notifying the town clerk in writing and by", "start": 3283.319, "end": 3289.72}, {"text": "applying to the court within 14 days after a copy of the decision is sent thank you um so I I you may need to", "start": 3289.72, "end": 3297.92}, {"text": "check with your lawyer but I believe the Civil uh rules of civil procedure computation of time that would be uh", "start": 3297.92, "end": 3305.16}, {"text": "calendar days because it's I think it's if it's under seven I think they only uh", "start": 3305.16, "end": 3310.4}, {"text": "they only count business days but um an excess excess of seven but I would check with a lawyer on that one so I would I", "start": 3310.4, "end": 3317.28}, {"text": "would say uh be on the safe side assume it's uh calendar days and can I ask when", "start": 3317.28, "end": 3324.72}, {"text": "the uh notice of this will be sent", "start": 3324.72, "end": 3328.319}, {"text": "it'll be issued within a week fantastic thank you very much okay thank", "start": 3331.52, "end": 3337.76}, {"text": "you yes sir you have a quick question yeah it just come to the", "start": 3342.72, "end": 3348.359}, {"text": "podium in the meantime while all this appeal stuff is going on it's getting really really cold outside and it's very", "start": 3349.52, "end": 3355.64}, {"text": "difficult for me to keep uh even my own staff uh well heated and the danger of", "start": 3355.64, "end": 3361.4}, {"text": "the fire with the heaters that I have and my losing my business and losing my customers that are complaining about it", "start": 3361.4, "end": 3368.319}, {"text": "being too cold what do I do about that that's between you and the landlord", "start": 3368.319, "end": 3373.52}, {"text": "you have to fight it out we have no jurisic if you're saying that they have they they like am I understanding", "start": 3373.52, "end": 3379.92}, {"text": "properly that it's upheld that that they they're responsible for it yeah even want to speak to bylaw and they'll", "start": 3379.92, "end": 3385}, {"text": "they'll just let you know what the process is there from there sorry about that Y no problem never did this before", "start": 3385, "end": 3390.28}, {"text": "so no no worries thank you okay thank you everyone so that", "start": 3390.28, "end": 3396.559}, {"text": "concludes the uh Property Standards committee and it's adjourned at 7:54 p.m. and we need now proceed to the", "start": 3396.559, "end": 3403.28}, {"text": "committee of", "start": 3403.28, "end": 3405.68}, {"text": "adjustment sure do you want to recess for what five minutes 10 minutes what", "start": 3412.28, "end": 3418.079}, {"text": "works for you I'm sorry how long five minutes okay five minutes", "start": 3418.079, "end": 3423.92}, {"text": "okay we're going to going to recess for five minutes thank", "start": 3423.92, "end": 3429}, {"text": "you", "start": 3445.16, "end": 3448.16}, {"text": "e", "start": 3475.119, "end": 3478.119}, {"text": "e", "start": 3505.119, "end": 3508.119}, {"text": "e", "start": 3535.039, "end": 3538.039}, {"text": "e", "start": 3565.039, "end": 3568.039}, {"text": "e", "start": 3595.039, "end": 3598.039}, {"text": "e", "start": 3624.96, "end": 3627.96}, {"text": "e", "start": 3654.92, "end": 3657.92}, {"text": "e", "start": 3684.92, "end": 3687.92}, {"text": "e e", "start": 3714.839, "end": 3718.88}, {"text": "okay welcome back everyone so we're into the committee of adjustment section of the agenda now so I'll give an overview", "start": 3752.799, "end": 3758.4}, {"text": "of the meeting procedures the purpose of the application relative correspondence will be heard following which the", "start": 3758.4, "end": 3763.599}, {"text": "applicant will be given the opportunity to address the application any person concerned with the dis with the application will then be given the", "start": 3763.599, "end": 3769.24}, {"text": "opportunity to speak at the conclusion of the discussion the committee will render decision and revise of any applicable conditions copy of decisions", "start": 3769.24, "end": 3776.559}, {"text": "will be mailed to the applicant or agent any other person who files a written request request to copy the decision", "start": 3776.559, "end": 3782.599}, {"text": "please email toara app award uh secretary treasur at COA Grimsby doca", "start": 3782.599, "end": 3788.24}, {"text": "the applicant the town of Grimsby the minister or specified person or public body has the right to appeal either decision itself or the conditions of", "start": 3788.24, "end": 3795}, {"text": "consent uh to the Ontario Li tribal within 20 days the date of giving notice under of subsection 17 is completed for", "start": 3795, "end": 3802.079}, {"text": "consent application within 20 days the note of decision for minor variance application specified persons in certain", "start": 3802.079, "end": 3808.52}, {"text": "public parties include Public Utilities but do not include an individual or Community Association everyone present", "start": 3808.52, "end": 3815.319}, {"text": "present will be given opportunity to comment on the applications being heard please address your comments and questions to the chair each participant", "start": 3815.319, "end": 3821.2}, {"text": "will Prov five minutes to speak each participant may only speak once if you hear your comment pres presented by", "start": 3821.2, "end": 3826.839}, {"text": "someone else please Do Not Duplicate remarks when you're called we ask you state your name and address for the record agencies commenting on", "start": 3826.839, "end": 3832.799}, {"text": "applications May request that certain conditions be imposed voicing objections to these conditions will not adversely", "start": 3832.799, "end": 3838.2}, {"text": "affect the committee's decision all members of the committee have viewed the properties on the agenda tonight and are familiar with the lands and are subject", "start": 3838.2, "end": 3843.88}, {"text": "to the applications and we have three applications tonight and Dylan I believe you had a your hand up", "start": 3843.88, "end": 3851.079}, {"text": "previously sorry Mr chair yes through you the three remaining items the the", "start": 3851.079, "end": 3857.44}, {"text": "third on the list um there's staff has", "start": 3857.44, "end": 3862.559}, {"text": "has um stated it may be wise to consider a and so I'm just thinking in the in the", "start": 3862.559, "end": 3869.119}, {"text": "um thinking of time and if there's any individuals you know there to speak on", "start": 3869.119, "end": 3874.559}, {"text": "61 Main if perhaps we should do that one um first um but it certainly I'm", "start": 3874.559, "end": 3881.079}, {"text": "certainly um you know at the will of the committee I'm not sure what others are", "start": 3881.079, "end": 3886.48}, {"text": "thinking about that yeah the Secretary of treasur indicated to me that's actually first for us so uh we're going", "start": 3886.48, "end": 3892.2}, {"text": "to deal with that one thank you", "start": 3892.2, "end": 3897.359}, {"text": "so the first application is going to be 61 Main Street East", "start": 3897.359, "end": 3903.559}, {"text": "83324 thank you chair um so for today's uh meeting we", "start": 3918.039, "end": 3923.16}, {"text": "have three minor variances the first mining variance is 61 Main Street East", "start": 3923.16, "end": 3928.799}, {"text": "the second is 28 Diana Avenue and the third is 16 Bell", "start": 3928.799, "end": 3934.039}, {"text": "Avenue so 61 Main Street East first came to the committee in October um at that", "start": 3934.039, "end": 3940.44}, {"text": "time it was deferred the proponent is currently in the process of submitting revised plans uh for a parking study for", "start": 3940.44, "end": 3947.2}, {"text": "the justification of the reduction of required parking hence planning and public work staff have reviewed this", "start": 3947.2, "end": 3952.92}, {"text": "current application at its state and have recommended that that or have requested uh for this application to be", "start": 3952.92, "end": 3958.64}, {"text": "deferred until staff can uh make a determination on the findings of that parking C that is still currently being", "start": 3958.64, "end": 3964.72}, {"text": "completed uh otherwise planning staff state that they have no objections to the minor variance proposed by the", "start": 3964.72, "end": 3970.279}, {"text": "applicant uh except for related to that reduced parking additionally no comments received from the region or the", "start": 3970.279, "end": 3978.359}, {"text": "npca okay thank you and I guess we do or don't have the", "start": 3978.799, "end": 3983.92}, {"text": "agent we have no representative here today okay thanks um so I'll just place in the hands of the committee I guess uh", "start": 3983.92, "end": 3990.4}, {"text": "staff's uh request y yep you want go ahead okay uh", "start": 3990.4, "end": 3999.359}, {"text": "thank you Mr chair through you um I find it resolved that uh the minor variance", "start": 3999.359, "end": 4004.76}, {"text": "application a 3324 for 61 Main Street East be deferred as uh requested by the oh we", "start": 4004.76, "end": 4012.72}, {"text": "have someone with a hand rais at Jared so the agent is online okay go ahead", "start": 4012.72, "end": 4018.44}, {"text": "okay I will withhold my comments for now y thank you Mr chair if you can hear", "start": 4018.44, "end": 4024.76}, {"text": "me I just wanted dise that we're okay with the with the request for deferral tonight in fact we emailed uh Mr basic", "start": 4024.76, "end": 4032.52}, {"text": "yesterday to suggest it was uh necessary to defer the", "start": 4032.52, "end": 4038.079}, {"text": "application okay do you have a preference as to when this should be deferred", "start": 4038.079, "end": 4044}, {"text": "until thank you Mr chair ultimately we're up to uh the committee's uh", "start": 4044, "end": 4049.079}, {"text": "discretion but we think it will it it would be appropriate to come back in", "start": 4049.079, "end": 4054.52}, {"text": "January okay staff how how do you feel about that I I have no objections to that um uh date um the key is uh the the", "start": 4054.52, "end": 4062.96}, {"text": "completion of the parking study okay would you prefer some leeway and buffer", "start": 4062.96, "end": 4069.4}, {"text": "say a future meeting or you I'll leave it I'll leave it to the applicants representative uh I know they want to", "start": 4069.4, "end": 4075.599}, {"text": "still in the process of reviewing the site plan okay uh so we're not we're not delaying the site plan review in any way", "start": 4075.599, "end": 4082.119}, {"text": "um obviously everything will be dependent on the conclusion of this uh these minor variances uh but I'll leave it up to the", "start": 4082.119, "end": 4089.359}, {"text": "applicant to determine whether or not a more open date would be appropriate or whether a hard date in January would be", "start": 4089.359, "end": 4095.48}, {"text": "appropriate okay thank you uh Jared go ahead uh thank you Mr chair I I suppose", "start": 4095.48, "end": 4101.56}, {"text": "to Mr basic's comments uh are only concern about not putting it on the", "start": 4101.56, "end": 4107.04}, {"text": "January agenda would be whether there how much delay time there is to come back on the on an agenda in front of the", "start": 4107.04, "end": 4113.88}, {"text": "committee I don't want to keep uh deferring and then having to come back here and ask for further deferrals but", "start": 4113.88, "end": 4122.359}, {"text": "um uh yeah go ahead yeah thank you through you chair um the it's it's simply a matter of", "start": 4122.359, "end": 4130.08}, {"text": "notification so uh we want to give everybody enough time to um be available for the meeting so it would be 10 days", "start": 4130.08, "end": 4137.04}, {"text": "at least before the meeting that we have that we're required to send a notice out", "start": 4137.04, "end": 4142.08}, {"text": "um the um I I'm uh Jared would know better than", "start": 4142.08, "end": 4148.719}, {"text": "I U as to the completion date of the uh of the parking study um I know our our", "start": 4148.719, "end": 4155.08}, {"text": "recommendations to the consultant included uh doing um a more detailed analysis of uh local surrogate sites uh", "start": 4155.08, "end": 4163.838}, {"text": "that were more comparable to to the the site than than was previously submitted with uh the parking submission so um", "start": 4163.839, "end": 4172.12}, {"text": "again I'll leave it to I'll leave it to Jared to determine whether or not um the", "start": 4172.12, "end": 4177.199}, {"text": "completion of the study will give us sufficient time um at least 10 days prior to um the", "start": 4177.199, "end": 4185.159}, {"text": "meeting date thank you okay thanks Jared what when do you think the parking study", "start": 4185.159, "end": 4190.719}, {"text": "would be completed thank you Mr chair uh the study was supposed to be completed in", "start": 4190.719, "end": 4197.12}, {"text": "time for this meeting so we're we're hopeful that it'll be done by before the Christmas break but", "start": 4197.12, "end": 4204.48}, {"text": "you know everybody's busy we're we're kind of at the mercy of our consultant at the", "start": 4204.48, "end": 4210.12}, {"text": "moment okay um yeah because I just don't want to have to have you keep coming back and kick the can down the road a", "start": 4210.12, "end": 4216.6}, {"text": "little further each time so um would you be okay with the January", "start": 4216.6, "end": 4222.76}, {"text": "date Jared yeah thank yes Mr chair that that would be fine for us okay and we be able", "start": 4222.76, "end": 4230.36}, {"text": "have enough time that staff would be able to you know um", "start": 4230.36, "end": 4235.679}, {"text": "analyze yeah like Mr basic said we we've had some discussion with uh Town staff", "start": 4235.679, "end": 4241.04}, {"text": "already about um the report we're just waiting for the final", "start": 4241.04, "end": 4246.52}, {"text": "deliverable okay thanks I'll just leave that decision in the hands of the committee", "start": 4246.8, "end": 4253.36}, {"text": "well my my only comment Mr Mr chair would be just leave it open when they're ready they're ready it's on the agenda we deal with it if not it's the next", "start": 4255.6, "end": 4262.84}, {"text": "meeting so that way they don't have to attend and say can we have a deferral again if they're not ready so leave it", "start": 4262.84, "end": 4268.44}, {"text": "wide open if they show up on the January agenda we deal with it if if you're okay with that y I'm good with that thanks", "start": 4268.44, "end": 4275.679}, {"text": "good okay then I'll continue with my resolution um that uh application a 3324", "start": 4275.679, "end": 4281.52}, {"text": "for 61 Main Street be deferred I'll second that Mr", "start": 4281.52, "end": 4289.92}, {"text": "okay any discussion on the deferral all those in favor say I raise", "start": 4290.84, "end": 4296.159}, {"text": "your hand pose if any okay that was carried so that was deferred thank", "start": 4296.159, "end": 4303.56}, {"text": "you thank you for your time", "start": 4303.56, "end": 4308.08}, {"text": "okay next application is a 39-24 for 16 Bell Avenue S oh sorry uh oh yeah sorry", "start": 4319.52, "end": 4328.56}, {"text": "I mix it up there uh a382 24 for 28 Diana Avenue so", "start": 4328.56, "end": 4334.719}, {"text": "R thank you chair so the B variance application for 28 Diana is to", "start": 4334.719, "end": 4341.04}, {"text": "facilitate the construction of an addition attached garage the uh to the existing single DET single detached uh 1", "start": 4341.04, "end": 4348.4}, {"text": "and a half story dwelling um to the subject lands at 28 Diana Avenue so the", "start": 4348.4, "end": 4353.56}, {"text": "requested minor variances um are the minimum interior sidey yard south of 1.2", "start": 4353.56, "end": 4360.48}, {"text": "M and the maximum garage projection of 0.6 M beyond the front wall of the first", "start": 4360.48, "end": 4365.56}, {"text": "story of the dwelling these are the site plans um as", "start": 4365.56, "end": 4372.48}, {"text": "circulated this is the 2023 uh aerial imagery provided by gims of", "start": 4372.48, "end": 4378.4}, {"text": "the property at 28 Diana and these were the uh commenting", "start": 4378.4, "end": 4383.96}, {"text": "authorities so the town of grimsy planning town of Grimsby Public Works uh Niagara region and npca um nagar region", "start": 4383.96, "end": 4392.08}, {"text": "and npca offer no comments uh but these are the following comments from planning and Public", "start": 4392.08, "end": 4397.639}, {"text": "Works planning are of the opinion that the Mind variances meet the intent of the official plan and the zoning bylaw", "start": 4397.639, "end": 4403.56}, {"text": "and are appropriate for the development of the land lands and are minor in nature therefore there are no objections", "start": 4403.56, "end": 4408.96}, {"text": "public work staff note that no concerns with the submitted application uh subject to the submission of a grading", "start": 4408.96, "end": 4414.6}, {"text": "plan or for approval at the time of the building permit application to show that the proposed grades will tie into the", "start": 4414.6, "end": 4420.96}, {"text": "existing grades of the adjacent properties and to demonstrate how the drainage will be addressed or", "start": 4420.96, "end": 4427.56}, {"text": "maintained okay thank you uh staff y go ahead", "start": 4429.32, "end": 4435.159}, {"text": "yeah thank you in in addition to uh the comments that we uh provided um uh on", "start": 4435.159, "end": 4440.88}, {"text": "the agenda uh we did discover another variance that would be required for the", "start": 4440.88, "end": 4446.04}, {"text": "proposed addition which is the minimum front yard setback so the the minimum", "start": 4446.04, "end": 4451.28}, {"text": "front yard um is required to be at the location of the existing dwelling or the", "start": 4451.28, "end": 4458.52}, {"text": "average of the two adjoining uh dwellings um on either side of the lot", "start": 4458.52, "end": 4463.719}, {"text": "uh whichever is uh whichever is less um as the neighboring Properties or", "start": 4463.719, "end": 4468.88}, {"text": "neighboring buildings in our estimation are aligned with the the subject", "start": 4468.88, "end": 4474.239}, {"text": "building um there will be because the garage extends closer to the front lot line than the existing building and the", "start": 4474.239, "end": 4481.639}, {"text": "neighboring dwellings um the the addition will require another", "start": 4481.639, "end": 4487.199}, {"text": "variance uh uh which is identified in the resolution that we have crafted for", "start": 4487.199, "end": 4492.48}, {"text": "tonight um I think it's 7 8 something meters and um um and our conclusion is", "start": 4492.48, "end": 4500.52}, {"text": "that um it uh that reduction also satisfies the intent of the official", "start": 4500.52, "end": 4506.08}, {"text": "plan the intent of the zoning bylaw is appropriate is desirable for the appropriate development of the land and", "start": 4506.08, "end": 4513.159}, {"text": "is minor in nature so our our conclusion is the same um and the analysis that we", "start": 4513.159, "end": 4518.4}, {"text": "provided um in in the memo also applies to this uh to this proposed uh or to", "start": 4518.4, "end": 4525.679}, {"text": "this additional variance that uh We've identified today thank you okay thank", "start": 4525.679, "end": 4531}, {"text": "you is the agent applicant uh here they should add anything to the the comments", "start": 4531, "end": 4537.76}, {"text": "sounds good all good okay any questions from the committee for the uh agent or", "start": 4537.76, "end": 4545.119}, {"text": "applicant seeing none is there anyone else in the audience that like to speak to", "start": 4545.32, "end": 4550.36}, {"text": "this seeing none literally um is there motion on this uh", "start": 4550.36, "end": 4556.679}, {"text": "application and the reasons therefore Mr chair I can do that I'll do the uh so you're looking for the revised motion to", "start": 4556.679, "end": 4562.84}, {"text": "incorporate the um additional variance that was discovered after the circulation and since there's nobody in", "start": 4562.84, "end": 4569.08}, {"text": "attendance uh speaking to this matter I have no problem supporting that revision without further circulation so I'll make", "start": 4569.08, "end": 4575}, {"text": "the motion that uh resolve at minor variance application a 3824 28 Dan", "start": 4575, "end": 4580.159}, {"text": "Avenue to facilitate the construction of an addition attached garage to the existing single detached one and a half", "start": 4580.159, "end": 4585.48}, {"text": "story dwelling on the subject lands to permit a minimum interior south side or", "start": 4585.48, "end": 4591.12}, {"text": "sidey yard south of 1.21 M whereas a minimum interior side yard of 1.8 m is", "start": 4591.12, "end": 4597.12}, {"text": "required as per section 721 table 11 of the zoning bylaw is amended and to permit a maximum garage projection of", "start": 4597.12, "end": 4604.32}, {"text": "0.61 M beyond the front wall of the first story of the dwelling whereas no garage shall project beyond the front", "start": 4604.32, "end": 4610.8}, {"text": "wall of the first story of the dwelling as per section 429b of the zoning amended and to permit a front yard setback this", "start": 4610.8, "end": 4617.76}, {"text": "is the revision of 7.8 M whereas 8.48 m is required as per Q2 of section 72", "start": 4617.76, "end": 4625.32}, {"text": "table 11 of the zoning byot as amended reasons being um I I support that so", "start": 4625.32, "end": 4630.96}, {"text": "reason being there is no one intend speaking it against it despite the U request to add the variance or the", "start": 4630.96, "end": 4636.48}, {"text": "revision and it meets the four tests as outlining the planning act that we are to consider uh and the staff also", "start": 4636.48, "end": 4643}, {"text": "supported as well so I'll make that motion okay thank you have a second on that motion", "start": 4643, "end": 4650.679}, {"text": "Dylan any discussion on the motion from the committee seeing none all those in favor", "start": 4651.159, "end": 4657.199}, {"text": "to say I raise your hand pose if any so the application was approved and uh the", "start": 4657.199, "end": 4663.56}, {"text": "motion was carried uh so you have uh sorry it's subject to a 20-day appeal", "start": 4663.56, "end": 4669}, {"text": "period before it becomes final unbinding thank you", "start": 4669, "end": 4674.28}, {"text": "so next application is a 3924 for 16 Bell Avenue", "start": 4681.84, "end": 4688.159}, {"text": "Sout thank you chair so the final application today 16 Bell is to permit", "start": 4688.159, "end": 4694.52}, {"text": "the widening of the proposed driveway uh for a currently in construction single detached two-story dwelling uh on the", "start": 4694.52, "end": 4702.159}, {"text": "subject lands of of 16 Bell Avenue so the variance is requested is to permit a maximum driveway width of 9 M whereas 6", "start": 4702.159, "end": 4709.4}, {"text": "m is permitted as per section 43a uh 4.31 a in zoning bylaw 1445 as", "start": 4709.4, "end": 4717.6}, {"text": "amended um so these are the circulated site plans for 16 Bell Avenue this is", "start": 4717.6, "end": 4723.92}, {"text": "the 2023 aerial imagery from gims for 16 Bell Avenue um this is the noted Road", "start": 4723.92, "end": 4730.92}, {"text": "allowance uh provided by Google Maps uh 2021", "start": 4730.92, "end": 4736.04}, {"text": "uh so these are the following agencies that provided comments so town of plan Grimsby town of planning sorry planning", "start": 4736.04, "end": 4743.159}, {"text": "town of grimby uh town of Grimsby Public Works and uh nagara Peninsula conservation Authority and nagar region", "start": 4743.159, "end": 4750.52}, {"text": "uh the npca and nagra region provide no comments or concerns and these are the following comments from planning and", "start": 4750.52, "end": 4756.4}, {"text": "public works so planning are of the opinion that the minor variances meet the intent", "start": 4756.4, "end": 4762.4}, {"text": "of the official plan and Zoning bylaw uh and are appropriate for the development of the lands and are minor in nature", "start": 4762.4, "end": 4768.159}, {"text": "therefore there are no objections public work staff do not object to the uh the proposed increased driveway with beyond", "start": 4768.159, "end": 4775.28}, {"text": "the maximum allowable 6 M to 9 M from the section of the driveway on private", "start": 4775.28, "end": 4780.56}, {"text": "property however public uh work staff note that the section of the driveway on the right of way from the property line", "start": 4780.56, "end": 4787.4}, {"text": "to the front uh to the edge of the road cannot be greater than 6 m in width an", "start": 4787.4, "end": 4792.76}, {"text": "entrance permit will be required uh for that section of the driveway within the RightWay at the time of", "start": 4792.76, "end": 4800.56}, {"text": "construction okay thank you do we have the agent applicant", "start": 4801.12, "end": 4806.92}, {"text": "online yes okay do you have anything further to add or any", "start": 4807.6, "end": 4813.159}, {"text": "comments no okay short enough any questions any", "start": 4813.159, "end": 4819.639}, {"text": "questions or comments from the committee uh Mr chair I do I just want to clarify maybe from staff I'm not sure", "start": 4819.639, "end": 4826.32}, {"text": "what they mean Public Works is talking about not allowing this variance or this", "start": 4826.32, "end": 4831.8}, {"text": "wider driveway from the property line to the roadway so what we're granting the", "start": 4831.8, "end": 4836.88}, {"text": "variance what for only that area of the driveway that's on their property so where it meets the road the travel Road", "start": 4836.88, "end": 4844.32}, {"text": "it can't be wider than 6 M it in essence I you're correct through your chair um", "start": 4844.32, "end": 4850.84}, {"text": "the uh the the zoning B only applies to private property doesn't apply to the road allowance and any work done within", "start": 4850.84, "end": 4857.48}, {"text": "the road allowance requires because the town owns the land uh requires a permit", "start": 4857.48, "end": 4862.52}, {"text": "and if and they they indicated that they will not issue a permit for a wider driveway it's it's primarily it's um U", "start": 4862.52, "end": 4870.639}, {"text": "my understanding is that there's a culvert there and there's a requirement uh they don't like culverts that are", "start": 4870.639, "end": 4876.639}, {"text": "more than a certain length uh for maintenance purposes um so that's the rationale behind that um but on the", "start": 4876.639, "end": 4884.12}, {"text": "property itself which is what the variance is for um uh they do not and we", "start": 4884.12, "end": 4889.76}, {"text": "do not object to a widened driveway on the property thank", "start": 4889.76, "end": 4896.44}, {"text": "you okay thank you any further comments or questions from the committee I just the staff maybe just", "start": 4896.56, "end": 4904.76}, {"text": "clarification is it I can't remember was this property the one that had this sort of it's like this the right away is this", "start": 4904.76, "end": 4912.199}, {"text": "like it looked like it was going to be a court at one time or something like that that's correct there there were", "start": 4912.199, "end": 4917.96}, {"text": "previous variances on the site uh with regard to the building itself um the the", "start": 4917.96, "end": 4924.159}, {"text": "the town did own a temporary um uh property sort of a", "start": 4924.159, "end": 4930.92}, {"text": "semicircle along the frontage of the property which nearly came to the to the front of the building um again that was", "start": 4930.92, "end": 4938.04}, {"text": "intended to be to to support a temporary culdesac until the lands to the West", "start": 4938.04, "end": 4943.44}, {"text": "were developed and last lands to the West were developed the the culdesac was eliminated and there was no longer a", "start": 4943.44, "end": 4949.88}, {"text": "need for um for The Wider right of way and it was uh deemed to be Surplus to", "start": 4949.88, "end": 4956.12}, {"text": "the town's needs and and then reverted back to uh to the owners at no cost um", "start": 4956.12, "end": 4964.639}, {"text": "yeah so that's that's that's the site okay thank you very much okay is there", "start": 4964.639, "end": 4970.48}, {"text": "anyone in the audience seeing none speak to this is there a motion on this application and your reasons", "start": 4970.48, "end": 4978.198}, {"text": "therefore go ahead Dan yeah through through you Mr chair", "start": 4978.4, "end": 4983.639}, {"text": "um before I get my comments I just say I'm uh I was at first concerned about", "start": 4983.639, "end": 4988.84}, {"text": "the trees but I'm thrilled to see they're still there and it's a beautiful house very very well well done well", "start": 4988.84, "end": 4995.56}, {"text": "designed um I find it resolved that minor variants a 3924 for 16 Bell Avenue to permit a", "start": 4995.56, "end": 5003.28}, {"text": "maximum driveway width of 9 M whereas 6 m is permitted as per section", "start": 5003.28, "end": 5009.159}, {"text": "431a in zoning bylaw 1445 as amended uh be approved with uh one condition that", "start": 5009.159, "end": 5016.52}, {"text": "upon construction an entrance permit be obtained through public works for the section of the driveway within the right", "start": 5016.52, "end": 5023.8}, {"text": "of way okay thank you do I have a second dra on that I'm sorry I just want to do", "start": 5023.8, "end": 5029.28}, {"text": "a quick correction that's not a condition it's just a note yeah sorry about that thank you", "start": 5029.28, "end": 5035}, {"text": "um I will remove my condition then and just go straight to approved okay thank you is there a", "start": 5035, "end": 5040.679}, {"text": "seconder on this faia any further discussion on the", "start": 5040.679, "end": 5047.28}, {"text": "application or the motion seeing none all those in favor say I raise your hand", "start": 5047.28, "end": 5053}, {"text": "POs to any uh that was carried and your application approved it's subject to a 20-day appeal period before it comes", "start": 5053, "end": 5059.199}, {"text": "final binding thank you", "start": 5059.199, "end": 5063.28}, {"text": "so that concludes our application for the saving so other business uh committee adjustment process improvements uh this was referred back", "start": 5069.32, "end": 5077.32}, {"text": "to us by Council so I just hope um all those in the committee had a chance to read it and uh offer any comments on", "start": 5077.32, "end": 5087.04}, {"text": "it Sor are you're looking for comments yeah go ahead I didn't really have that much time to look at it but I guess my", "start": 5090.679, "end": 5096.92}, {"text": "only concern with the the the comments in here I me they're all General good recommendations flow of information", "start": 5096.92, "end": 5102.84}, {"text": "training and so on but um the one I have issue with I think is Page Three uh top", "start": 5102.84, "end": 5109.96}, {"text": "enhanced training for COA members the opening statement Committee of adjustment decisions are being at odds with recommendations of planning if ever", "start": 5109.96, "end": 5116.88}, {"text": "should be a rare exception and certainly not the rule after all the legislative policy governance informing their", "start": 5116.88, "end": 5122.639}, {"text": "decision are identical the concerns the the issues always seem to arise when the", "start": 5122.639, "end": 5128.52}, {"text": "committee considers information and usually public input and public", "start": 5128.52, "end": 5133.84}, {"text": "participation that we go against the staff recommendation that's usually the contentious ones that make it to council", "start": 5133.84, "end": 5139.639}, {"text": "Council has to consider whether they're going to support an appeal or not which", "start": 5139.639, "end": 5145.08}, {"text": "involves usually hiring another planning independent planning uh consultant because it would go against what their", "start": 5145.08, "end": 5151.6}, {"text": "planning staff but I think that statement is kind of like well we are here to interpret because there's no leg", "start": 5151.6, "end": 5159.44}, {"text": "they didn't really talk in this report about the legislation that we have to consider I think in our um as sitting as", "start": 5159.44, "end": 5167.159}, {"text": "committee of adjustment so provincial interest is the one and they say well if you're considering provincial interest", "start": 5167.159, "end": 5173.119}, {"text": "that's what we follow as planning so you should just listen you should basically just take our recommendation because we're all following the same but it", "start": 5173.119, "end": 5180.08}, {"text": "really just says and I would have liked to have more legislative background in this report cu the planning act just", "start": 5180.08, "end": 5186.6}, {"text": "says the committee should must have regard to but it's pretty General things", "start": 5186.6, "end": 5191.679}, {"text": "it's like listed from A to R and they're pretty General and I know it's all about housing this and that but there's also", "start": 5191.679, "end": 5197.6}, {"text": "General statements and that's where we kind of weigh the balance of a planning", "start": 5197.6, "end": 5202.76}, {"text": "report and the public that comes in that's affected by our decision so it's", "start": 5202.76, "end": 5208.04}, {"text": "talking about you know coordination of planning activities public that's not really the one I was looking for oh the appropriate location of growth and devel", "start": 5208.04, "end": 5214.239}, {"text": "velopment that's usually the ones that are contentious and we have regard for that but we also listen to the public", "start": 5214.239, "end": 5220.56}, {"text": "and the people that show up not just the planning reports and those are the things that become contentious so I", "start": 5220.56, "end": 5226.36}, {"text": "think there should be more thought about that and it does say when there's an appeal the tribunal shall consider all", "start": 5226.36, "end": 5234.36}, {"text": "the material and information that the committee considered in their decision and one of them is the public input and", "start": 5234.36, "end": 5240.32}, {"text": "that's where our concern is always when it makes it to council are they hearing everything that we heard when we were", "start": 5240.32, "end": 5245.8}, {"text": "sitting here deciding it if it's really going to be a planning decision then let", "start": 5245.8, "end": 5251.4}, {"text": "them decide all the cases you don't need the committee of adjustment but we're here to weigh all the evidence verbal", "start": 5251.4, "end": 5257.119}, {"text": "and written and give it all weight and have regard to all those things including the provincial interest so I", "start": 5257.119, "end": 5263.239}, {"text": "just think that comment I know it kind of offended me a little bit as a Committee Member being independent is it", "start": 5263.239, "end": 5268.76}, {"text": "shouldn't really just be well whatever planning says H we shouldn't really go", "start": 5268.76, "end": 5273.84}, {"text": "against or should be rare so that's my only concern about the whole", "start": 5273.84, "end": 5278.92}, {"text": "report okay thank you yeah that was my major concern too it", "start": 5278.92, "end": 5285.48}, {"text": "just it just if everything's policy based and everything everyone is supposed to agree", "start": 5285.48, "end": 5291.36}, {"text": "based on policy there would be no two planners at the Olt opposing each other saying completely opposite uh opinions", "start": 5291.36, "end": 5299.32}, {"text": "on the same on the same matter because they are drawing from the same policy", "start": 5299.32, "end": 5305.119}, {"text": "um you know I I just some comments I had written down here is that we're not here", "start": 5305.119, "end": 5310.239}, {"text": "to facilitate applications but critically engage them because they are asking for basically uh to bend uh the", "start": 5310.239, "end": 5319}, {"text": "bylaw so it's really incumbent upon you know us to listen to the applicant but", "start": 5319, "end": 5325.639}, {"text": "also on the public from from their uh perspective on things so um whereas", "start": 5325.639, "end": 5331.56}, {"text": "planning reports you know are large drawn from policy we have to draw from policy but we also have to give regard", "start": 5331.56, "end": 5339}, {"text": "to the public input and um I don't know maybe as a", "start": 5339, "end": 5344.76}, {"text": "suggestion the I was looking at planning reports from Markham and they actually put uh in the planning reports this is", "start": 5344.76, "end": 5352.52}, {"text": "uh see if I have a copy of it here yes they put right in their", "start": 5352.52, "end": 5359.48}, {"text": "conclusion staff recommend the committee consider public input in reaching a decision and that", "start": 5359.48, "end": 5364.56}, {"text": "boilerplate text on every every one of their planning uh reports um see what else I have here and", "start": 5364.56, "end": 5373.36}, {"text": "I guess I was saying just because we have to look at things differently this is where a difference of opinion can", "start": 5373.36, "end": 5378.96}, {"text": "occur and just just the way that that was written in the report if ever you know it was kind of tucked in there and", "start": 5378.96, "end": 5386.08}, {"text": "just it was the way it was worded it just didn't come across very positively that's what I felt uh you want to go", "start": 5386.08, "end": 5393.119}, {"text": "ahead yeah thank you thank you through you chair I I I don't think that was the intent I think it was just merely a a", "start": 5393.119, "end": 5399.92}, {"text": "numerical uh sort of comment um that they are rare um and it's just a", "start": 5399.92, "end": 5407}, {"text": "supposed to be a statement of fact so I don't think it was intended to come AC tended to come across the way it", "start": 5407, "end": 5412.32}, {"text": "probably did and uh and absolutely like when when the um um when the reports or", "start": 5412.32, "end": 5420.4}, {"text": "memos are written by planning staff um obviously uh planning staff do not have the benefit of hearing all of the", "start": 5420.4, "end": 5427.48}, {"text": "evidence that's submitted so uh as as you mentioned as is done so this that's always understood it's always understood", "start": 5427.48, "end": 5434.04}, {"text": "that we do not have have all of the information before us so um so sometimes", "start": 5434.04, "end": 5439.96}, {"text": "based on new information that's provided uh we don't necessarily uh have a problem with uh a committee um uh ruling", "start": 5439.96, "end": 5448.88}, {"text": "against uh staff recommendation if if uh issues are brought up uh that", "start": 5448.88, "end": 5454}, {"text": "demonstrate that an application does not meet the for test so absolutely uh but", "start": 5454, "end": 5459.8}, {"text": "our apologies wasn't intended to to be as taken as uh or wasn't intended to be", "start": 5459.8, "end": 5466.36}, {"text": "given as it was taken thank you okay thanks um let's see if I have", "start": 5466.36, "end": 5472.239}, {"text": "any other comments here any other comments from the committee before I sorry oh Dylan go", "start": 5472.239, "end": 5478.28}, {"text": "ahead hi um yeah I just wanted to state to you Mr CH I do agree with the two comments that you've that you've made um", "start": 5478.28, "end": 5485.84}, {"text": "I do think that when it comes to um you know perhaps when it you know", "start": 5485.84, "end": 5492.199}, {"text": "if if there's a decision that as the committee that we just should disagree with planning staff you know and it talks about what", "start": 5492.199, "end": 5498.88}, {"text": "does what does um you know Council what do they receive in order to provide some kind of context you know while these you", "start": 5498.88, "end": 5506}, {"text": "know meetings are are recorded and they would have access to you know oftentimes", "start": 5506, "end": 5511.04}, {"text": "and as you know sometimes hours of discussion um it's probably not likely and they", "start": 5511.04, "end": 5516.32}, {"text": "would obviously they would look at all the materials and then they would look at our that they would look at our um", "start": 5516.32, "end": 5521.4}, {"text": "our minutes I mean our minutes are very um administrative is what I would call", "start": 5521.4, "end": 5527.36}, {"text": "them um which is perfectly fine and especially in a municipal setting", "start": 5527.36, "end": 5532.88}, {"text": "um but I'm just wondering as a committee if we need to when those situations occur if it", "start": 5532.88, "end": 5541.44}, {"text": "would be perhaps I don't and I don't know this better practice to you know", "start": 5541.44, "end": 5547.92}, {"text": "provide you know a summary of some of the comments that have been made I mean it's it's difficult for I would say us", "start": 5547.92, "end": 5555.56}, {"text": "active members to sort of be listening to what's being said recording what it's being said and then when it comes to as", "start": 5555.56, "end": 5562.8}, {"text": "I said sometimes a very long discussion and complicated one to instead of just talking about the four test but to then", "start": 5562.8, "end": 5569.719}, {"text": "you know if we don't agree with whichever test to then State the rationale for each one it may be a", "start": 5569.719, "end": 5575.28}, {"text": "challenge um but I'm just thinking is is that something that you know should be", "start": 5575.28, "end": 5581.04}, {"text": "considered would it be included in the minutes I don't know it's just something I I sort of was thinking of in relation", "start": 5581.04, "end": 5587.28}, {"text": "to the report and some of the discussion tonight yeah okay thanks staff's gonna actually speak to", "start": 5587.28, "end": 5594.92}, {"text": "that um through you Mr chair um actually um that is one of the definite things", "start": 5596.48, "end": 5602.199}, {"text": "that we've been looking at um if you look at the first one and the enhanced Council awareness of reasoning for the COA decision we talk about templates and", "start": 5602.199, "end": 5609.96}, {"text": "I know um dehara and I would been going through a number of municipalities to try and look at all the various", "start": 5609.96, "end": 5615.36}, {"text": "templates to try to see all the good things and like compare and contrast different municipalities so we've done", "start": 5615.36, "end": 5621.84}, {"text": "some leg work just to try to see how we can provide additional reasoning in in", "start": 5621.84, "end": 5627.6}, {"text": "those um but we we definitely talked about that last time about how we can further supplant um providing that", "start": 5627.6, "end": 5634.36}, {"text": "reasoning especially in those situations where there is a disagreement so that Council has that that full awareness of", "start": 5634.36, "end": 5640.76}, {"text": "what what decision they're making so we're we're trying to to do that and I was hoping at one of our our workshops", "start": 5640.76, "end": 5647.08}, {"text": "that we talk about later in the um in the report that may we can go through some of those those things that we can", "start": 5647.08, "end": 5653.679}, {"text": "further um fine-tune some of that work and again I I apologize for any um any", "start": 5653.679, "end": 5661.56}, {"text": "any offense that was taken by something that that was totally not intended that way okay thanks yeah just sort of the", "start": 5661.56, "end": 5667.28}, {"text": "way I look at it is there's our decision even uh you know if it's totally", "start": 5667.28, "end": 5673.04}, {"text": "complete with you know pages of reasons there's a planning report the the minutes are sort of lack of better term", "start": 5673.04, "end": 5680}, {"text": "the missing middle you know what I mean um so that you know there's you know", "start": 5680, "end": 5685.76}, {"text": "they I don't know if it necessarily there three sides every story right but um you know there's things that you may", "start": 5685.76, "end": 5691.96}, {"text": "not have considered or we may not have considered that are in the minutes that that gives Council a pause for thought", "start": 5691.96, "end": 5697.8}, {"text": "in terms of whether to support and appeal or not so and three we're looking at every type", "start": 5697.8, "end": 5703.6}, {"text": "of template so it's from the minutes the agendas to the decisions to like every", "start": 5703.6, "end": 5709.239}, {"text": "single one of the step um um components of the templates that we're looking at so trying to cover all the bases that we", "start": 5709.239, "end": 5716.08}, {"text": "can go through okay go ahead and further to that it's you know it's it's the", "start": 5716.08, "end": 5722}, {"text": "nuances that I feel are that you feel are missing right it's the nuances of the decision um the only the the it's", "start": 5722, "end": 5731.199}, {"text": "really only the decision that everybody on the committee has a chance to vote on so it's the resolution itself so", "start": 5731.199, "end": 5737.4}, {"text": "whatever's in the resolution um and and unless unless the committee votes on it so if one has one", "start": 5737.4, "end": 5744.48}, {"text": "opinion or one member has one opinion another member has a different opinion that really", "start": 5744.48, "end": 5750.56}, {"text": "doesn't factor into the decision because it's what's it's what everybody has an", "start": 5750.56, "end": 5755.96}, {"text": "opportunity to vote on which is the resolution itself that's important um in terms of the minutes and", "start": 5755.96, "end": 5762.92}, {"text": "expanding the minutes to include the nuances of a discussion I I really think", "start": 5762.92, "end": 5768.36}, {"text": "that's often going to be left to the interpretation of the of the person", "start": 5768.36, "end": 5773.44}, {"text": "writing and then and then the committee whether or not it actually captured the nuances so what I I feel is important is", "start": 5773.44, "end": 5780.8}, {"text": "if those if the if the minutes were more detailed to to write some pros as to the", "start": 5780.8, "end": 5788.76}, {"text": "to disc to identify what the discussion was I think the nuances could potentially be lost or tainted by the", "start": 5788.76, "end": 5796.76}, {"text": "writer so I think it's important that you don't do that that you have the resolu this is my own opinion that you", "start": 5796.76, "end": 5803.4}, {"text": "don't do that that you have the resolution that everybody votes on which it's expresses the will of the", "start": 5803.4, "end": 5809.4}, {"text": "committee and then if if that forces people to actually look at the meeting and uh the video recording of the", "start": 5809.4, "end": 5816.44}, {"text": "meeting and because it's available to anybody that's online uh to look at the video recording of the meeting and that", "start": 5816.44, "end": 5822.6}, {"text": "way Nothing Is Lost in Translation because you get to witness the entire discussion thank", "start": 5822.6, "end": 5828.56}, {"text": "you yeah thanks yeah go ahead um yeah Mr chair because I think because the", "start": 5828.56, "end": 5835.639}, {"text": "province removed the ability of residents to appeal a decision themselves then it really is imperative", "start": 5835.639, "end": 5842.119}, {"text": "on Council to they're they're The Last Hope for the residents if there's an issue so they really have to be brought", "start": 5842.119, "end": 5848.239}, {"text": "into the the loop in terms of what was considered I can think of the last appeal right so uh they really don't", "start": 5848.239, "end": 5856.96}, {"text": "have representation at an Olt hearing so it's really Council who has the last", "start": 5856.96, "end": 5862.76}, {"text": "kick at it if they so desire but then they should be aware of what factors", "start": 5862.76, "end": 5868}, {"text": "went into it so it's really important that that they get the full package when they're considering to support an appe", "start": 5868, "end": 5873.719}, {"text": "or or not bother right before residents could appeal it they could hire their own right they're protecting their own", "start": 5873.719, "end": 5880.04}, {"text": "property in a sense property values property rights whatever they feel was necessary but because they don't have", "start": 5880.04, "end": 5885.32}, {"text": "that anymore it's really up to council as The Last Hope for them and the", "start": 5885.32, "end": 5890.679}, {"text": "council will really have to decide if it's worth it or not um it might seem expensive for one appeal but they are", "start": 5890.679, "end": 5897.76}, {"text": "kind of representing they were elected to represent the residents of the area um were you know objective body but if", "start": 5897.76, "end": 5904.56}, {"text": "someone wants to appeal it then Council really is sticking up for them in a sense if they've got to feel but then", "start": 5904.56, "end": 5910.679}, {"text": "back to my original point is they need to have the full pack information package and it's up to them then to", "start": 5910.679, "end": 5916.32}, {"text": "watch the video and see what we considered and I mean we have that great Advantage now in the last four or five", "start": 5916.32, "end": 5921.76}, {"text": "years now that they're all recorded right before it wasn't so it really was just the minutes and a few written", "start": 5921.76, "end": 5927.159}, {"text": "submissions perhaps so anyways yeah uh just to speak to that and I guess uh", "start": 5927.159, "end": 5933.48}, {"text": "staff's opinion I I agree that you know minutes detailed minutes can maybe perhap some bias but on the other hand I", "start": 5933.48, "end": 5940.32}, {"text": "I don't see how you know stating Mrs Smith uh spoke to this application and", "start": 5940.32, "end": 5945.56}, {"text": "raised the issue of Shadow or or privacy you know there there's it's pretty", "start": 5945.56, "end": 5951}, {"text": "that's pretty objective so um stuff like that I think just help better for because we're not going to put in our", "start": 5951, "end": 5957.04}, {"text": "decision well you know we're supporting this because Mrs Smith said it's going to Shadow impact you know we might say", "start": 5957.04, "end": 5963.44}, {"text": "on facts in general but maybe there was four or five people who spoke to it yeah I I don't disagree with that", "start": 5963.44, "end": 5970.08}, {"text": "because essentially you're stating fact I'm I'm thinking beyond beyond that um", "start": 5970.08, "end": 5975.84}, {"text": "we don't want I don't think it's appropriate for the minutes to be a", "start": 5975.84, "end": 5981.239}, {"text": "Verbatim um when you have when you have the recording itself so yes stating facts like that is not an issue in my", "start": 5981.239, "end": 5988.08}, {"text": "opinion uh but beyond that I think you you run into the potential of coloring the discussion in a way that it might", "start": 5988.08, "end": 5996.08}, {"text": "taint the um sort of how it actually happened yeah", "start": 5996.08, "end": 6002.96}, {"text": "okay thanks any other further questions or comments from the committee uh I guess my only question", "start": 6002.96, "end": 6009.92}, {"text": "would be should we how should we handle this to get this correspondence back to council or our comments well I think", "start": 6009.92, "end": 6016.84}, {"text": "there's two um motions one that just says um pass it on and the other one is", "start": 6016.84, "end": 6022.36}, {"text": "be received committee these feedback be forwarded to the next council meeting for consideration so I'm assuming that's", "start": 6022.36, "end": 6027.719}, {"text": "what your uh um preference would be I leave that up to the", "start": 6027.719, "end": 6035.36}, {"text": "committee go ahead oh s sorry um through you Mr chair I have", "start": 6035.8, "end": 6041.8}, {"text": "to bring a report back to committee so because your minutes go through correspondence it's not going to land on", "start": 6041.8, "end": 6048.239}, {"text": "the as a report to committee so I'm going to have to bring a report back to committee so we can have your minutes", "start": 6048.239, "end": 6054}, {"text": "and they'll just go through a normal process but I'll just make some amendments to the report and have an an", "start": 6054, "end": 6060.719}, {"text": "like addendum amended report that and then we'll bring that back to I think", "start": 6060.719, "end": 6066.84}, {"text": "the January meeting which is January 13 13th yeah I think that's that that's", "start": 6066.84, "end": 6072.239}, {"text": "what I was hoping to do depending on the scope and scale but I I can make some changes here and have an additional", "start": 6072.239, "end": 6079.28}, {"text": "section of additional things we talked about this evening okay I'm good with that I don't know the other committee", "start": 6079.28, "end": 6085.44}, {"text": "feels about", "start": 6085.44, "end": 6088.119}, {"text": "that so so just for clarification there's two motions that they're looking for one is saying that the report be", "start": 6090.48, "end": 6098.92}, {"text": "received and that the committee's feedback be forwarded to the next council meeting for consideration that's what this one's", "start": 6098.92, "end": 6105.8}, {"text": "saying the other one was saying just be received I think and that no further comment from the", "start": 6105.8, "end": 6111.119}, {"text": "committee with no further comments so that's the other one that's what they're suggesting", "start": 6111.119, "end": 6116.8}, {"text": "anyway so I'm just curious what because it doesn't seem to drive what you're saying it's going to come back to us", "start": 6116.8, "end": 6122.92}, {"text": "first and then go off to council through you um it it because", "start": 6122.92, "end": 6129.599}, {"text": "your minutes will go to council like on their correspondence agenda they would", "start": 6129.599, "end": 6134.639}, {"text": "just go through that way but I have to write a report so they have to have the report to receive the report so that", "start": 6134.639, "end": 6141}, {"text": "that's why I'm saying if we otherwi it will get there in March so we don't want", "start": 6141, "end": 6146.08}, {"text": "that so um that's why I'm saying I'll just amend the report in in front of us", "start": 6146.08, "end": 6151.239}, {"text": "um so I'm not I sorry I didn't read those resolutions before they came here but um we'll just if if you're okay with", "start": 6151.239, "end": 6158.04}, {"text": "it I'll amend make those changes to the report and if you have like specific wording please just send like scratch", "start": 6158.04, "end": 6164.76}, {"text": "lines out kind of thing of specific things that were offensive I can take that out that's not a problem but um", "start": 6164.76, "end": 6171.159}, {"text": "yeah then I can amend it for this week and then send it on through for the January 13th meeting with a further", "start": 6171.159, "end": 6176.92}, {"text": "paragraph saying that we further discuss that at at tonight's meeting sorry the Mr chair the 13th of council or the this", "start": 6176.92, "end": 6184.08}, {"text": "one here Council Council okay yeah I would probably say of the", "start": 6184.08, "end": 6189.239}, {"text": "two resolutions um the second one that the committee's feedback be forward to next council meeting for consideration", "start": 6189.239, "end": 6194.92}, {"text": "which would be through her uh report so okay then I can make that", "start": 6194.92, "end": 6200.04}, {"text": "motion okay resolve that report PA 2443 Committee of adjustment process", "start": 6200.04, "end": 6205.56}, {"text": "improvements dated December 2nd 2024 be received and that committee's feedback", "start": 6205.56, "end": 6211.56}, {"text": "be incorporated into the report and forwarded to the next council meeting for consideration how's that perfect", "start": 6211.56, "end": 6217.48}, {"text": "okay and we have a second r on that motion Dylan any further discussion on the", "start": 6217.48, "end": 6225.44}, {"text": "motion seeing none all those in favor I say raise your hand oppose if any and that was passed", "start": 6225.44, "end": 6235.04}, {"text": "okay so that concludes our agenda for tonight and next meeting is January 21st", "start": 6235.119, "end": 6240.239}, {"text": "uh 2025 are you there okay good night everyone thank you thanks Dylan Merry", "start": 6240.239, "end": 6247.56}, {"text": "Christmas bye Dylan all the", "start": 6247.56, "end": 6253.52}]