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170626 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Lana White, Corporate Executive Assistant Regrets: David Calder, CAO Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 6:00pm. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, June 26, 2017, be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, June 26, 2017 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Agenda - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof Councillor Hayes declared a conflict in Agenda Item 8.2, Application for Zone Change – ZN 7-17-06, Town of Tillsonburg & Chesterman Farm Equipment, Rokeby Road, in regards to his brother Bill Hayes’ interest in the Application. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of June 12, 2017 170612 Council MIN Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of June 12, 2017, be approved. Carried 6. Delegations and Presentations 6.1. Senior of the Year Award 2017 Presentation to Rachel Parker Presented by: Mayor Molnar 6.2. Volunteer Achievement Award Presentation to Bill Pratt Presented by: Mayor Molnar and Councillor Stephenson 6.3. FIN17-19 2016 Draft Financial Statements Christene Scrimgeour, Scrimgeour & Company, sent regrets. 2016 Draft Financial Statements - Corporation of the Town of Tillsonburg 2016 Draft Financial Statements - Trust Funds 2016 Draft Financial Statements - Waterworks Department 2016 Draft Financial Statements - Sanitary Sewer Department Town of TIllsonburg Independence Letter Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the 2016 Draft Financial Statements as presented; AND THAT the 2016 Independence Letter be received. Carried Council Meeting – Agenda - 3 - 7. Committee Reports & Presentations 8. Public Meetings 8.1. Application for Zone Change - ZN 7-17-05 - Jeffery Smith, 3311 Highway 3 ZN 7-17-05_ Report Report Attachments - ZN 7-17-05 7-17-05_appl-20170509 Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report ZN 7-17-05.. Opportunity was given for comments and questions. Cephas Panschow, Development Commissioner for the Town, was asked to provide further information, potential challenges, and to expand on his statement contained in the planners report. In response to a question from Council, Mr. Gilbert confirmed that the current zoning would remain in place, with the addition of permission for an automotive establishment. The applicant was not in attendance. No members of the public appeared in support of, or in opposition to, the application. Council passed the following resolution. Resolution #4 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council approve the zone change application submitted by Jeffery Smith whereby the lands described as Part Lot 1, Concession 5NTR (Middleton), Part 1 of 41R- 928, known municipally as 3311 Highway 3, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Special Future Development Zone (FD-3)’ to permit an motor vehicle sales and service establishment on the subject lands. Carried 8.2. Application for Zone Change - ZN 7-17-06 - Town of Tillsonburg & Chesterman Farm Equipment, Rokeby Road ZN 7-17-06_ Report Report Attachments - ZN 7-17-06 Council Meeting – Agenda - 4 - Petition Application Correspondence - William Hayes Councillor Hayes left the meeting for Agenda Item 8.2. due to his declared conflict. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report ZN 7-17-06. Opportunity was given for comments and questions. In response to questions from Council, Mr. Gilbert provided further comments. Any use would be subject to the noise by-law, and dust control as well. CN was notifed. The only comment received from CN was that fencing would be required along the property line. Dave Chesterman, the applicant, was in attendance and provided comments with respect to noise, traffic congestion and dust. He noted that the proposed track would be in the top corner of the parcel of land, and also noted the 60-day cancellation period, if he was unable to satisfactorily deliver what he was proposing. In response to questions from Council, the applicant provided further comment. Races would be most Tuesdays from May to September, generally finished by 9- 9:30pm. Staff further confirmed that site plan control would be required. No members of the public appeared in support of the application. Debra Pattyn, also representing her husband Ron and neighbours, appeared in opposition to the application. The noted concerns included, noise, increased traffic on Rokeby Road and road condition, races being posted for not only Tuesdays, water for dust control, environmental including wildlife. An article regarding badgers, dated April 14, 2010, was provided for the record as well. Ron Vanderhaeghe appeared in opposition to the application. The noted concerns included public notice, noise, dust, access, wildlife and environment, potential contamination, size and lighting of the track. A petition was filed opposing the application. Bill Hayes, also representing his wife, appeared in opposition to the application. The noted concerns included noise, dust control, potential use of chemicals and products, Council Meeting – Agenda - 5 - environmental, wildlife, watershed area, proposed measures so as not to compromise water, increased traffic, and posting of the notice. Marty Hawel appeared in opposition to the application. The noted concerns included, the conditions associated with potential termination of the lease, in addition to Tuesday racing and maintenance which will cause noise and disruption. Paul V, representing Dorothy Vanderhaeghe, appeared in opposition to the application. Noted concerns included future maintenance and control of the property if the proposed use is approved and then fails. Jeff Scott appeared in opposition to the application. The noted concerns included, posting of the notice, traffic, fencing, noise, sandplains, and badger habitat. The applicant was given opportunity to address the comments and concerns. Resolution #5a Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Community Planning Report 2017-178 including all attachments attached therein, as information. Carried Resolution #5b Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council approve in principle the zone change application submitted by Chesterman Farm Products Inc., whereby the lands described as Part Lot 10, Concession 4 NTR (Middleton), Lot 1641, Plan 500, and Part 1 of 41R-8386, in the Town of Tillsonburg, known municipally as 289 Rokeby Road, are to be rezoned from ‘General Industrial Zone (MG)’ to ‘Special Temporary General Industrial Zone (MG-T1)’ to permit a go kart racing track for a temporary period of 3 years on the subject lands. Councillor Rosehart requested a recorded vote. Council Meeting – Agenda - 6 - Recorded Vote: NAME VOTE IN FAVOUR VOTE AGAINST Councillor Rosehart x Councillor Stephenson x Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Mayor Molnar x The recorded vote reflects the vote is 3 in favour of the Motion and 3 against the Motion. The motion is "Defeated" Mayor Molnar called a 10 minutes recess at 9:11pm Council reconvened at 9:21pm. Councillor Hayes returned to the meeting. 9. Planning Applications 10. Information Items 10.1. Local Court Security Advisory Committee Local Court Security Advisory Committee 060117 Proposed Resolution #6 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the Memo from Oxford County regarding a Local Court Security Advisory Committee; AND THAT the matter be referred to the CAO for a report and recommendation. Carried 11. Mayor 12. Quarterly Reports Council Meeting – Agenda - 7 - 13. Reports from Departments 13.1. Chief Administrative Officer 13.2. Clerk’s Office 13.2.1. CL 17-15, Dedicating part of a public highway – Langrell Avenue & Fairview Street CL 17-15, Dedicate certain lands as part of a public highway Correspondence - Jenkins & Gilvesy By-Law 4113 Proposed Resolution #7 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report CL 17-15, Dedicating part of a public highway – Langrell Avenue & Fairview Street; AND THAT By-Law 4113, be brought forward for Council’s consideration. Carried 13.3. Development and Communication Services 13.4. Finance 13.4.1. FIN17-19 2016 Draft Financial Statements FIN17-19 2016 Draft Financial Statements Resolution #8 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives report FIN17-19 2016 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2016 be approved. Carried 13.4.2. FIN17-20 Single Source Purchase Order Software FIN17-20 Single Source Purchase Order Software Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN 17-20 Single Source Purchase Order Software; Council Meeting – Agenda - 8 - AND THAT Council authorizes Staff to forego the purchasing policy for this particular capital item; AND FURTHER THAT the Single Source for the Purchase Order software purchase is awarded to Aptean at their proposed software cost of $57,724.43 and licensing costs of $7,491.02 (includes net HST). Carried 13.4.3. FIN 17-21, 2017 Amended Tax Levy By-Law Schedule "A" 2017 Amended Tax Levy By-Law Schedule "A" Amended 2017 Final Levy By-Law 2017 MULTI RES TAX RATE IMPACT Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN17-21 Amended 2017 Tax Levy By-Law Schedule “A”; AND THAT By-Law No. 4114 be approved amending Schedule “A” of By-Law 4106 for the adoption of tax rates. Carried 13.4.4. FIN 17-22 Vacant Unit Tax Rebate Program Reform Report FIN 17- 22 Consultation letter from County Director of Corporate Services E&E McLaughlin Response Tillsonburg Chamber of Commerce Response Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report FIN 17- 22 Vacant Unit Tax Rebate Program Reform; AND THAT Council advises the County of Oxford of Tillsonburg’s opposition to phasing out the Vacant Unit Tax Rebate Program; AND THAT the Development Committee’s Resolution be forwarded to County Council before June 28th, 2017; AND FURTHER THAT staff be directed to look at alternate support programs if the County proceeds with the elimination of the Vacant Unit Tax Rebate Program. Carried Council Meeting – Agenda - 9 - 13.5. Fire and Emergency Services 13.6. Operations 13.7. Recreation, Culture & Park Services 14. Unfinished Business 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 170620 Accessibility Advisory Committee MIN 170509 Development MIN 170613 Development MIN 170411 Fire Strat Plan MIN 170518 PRC MIN Resolution #12 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the Minutes of the Accessibility Advisory Committee dated June 20, 2017, the Development Committee dated May 9, 2017 and June 13, 2017, the Fire Strategic Planning Committee dated April 11, 2017, and the Parks, Recreation and Culture Advisory Committee dated May 18, 2017, as information. Carried 16.2. Minutes, LPRCA 170405 LPRCA MIN 170503 LPRCA MIN Proposed Resolution #13 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Minutes of the LPRCA dated April 5, 2017 and May 3, 2017, as information. Carried Council Meeting – Agenda - 10 - 16.3. Minutes, Police Services Board 170419 PSB MIN 170517 PSB MIN Resolution #14 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Minutes of the Police Services Board dated April 19, 2017 and May 17, 2017, as information. Carried 17. Notice of Motions 18. Resolutions 18.1. Appointment of Directors for the Board of Tillsonburg Hydro Inc. Brd of Dir List 2017 Resolution #15 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council supports the appointment of John Gilvesy, Daniel Rasokas, Alex Urbanowicz, Ann Loker, Ernie Vidovic, Julie Ann Snell as Directors for Tillsonburg Hydro Inc. until the 2018 Annual General Meeting; AND THAT Deputy Mayor Beres (Shareholder Representative), be appointed until further notice; AND FURTHER THAT this resolution be forwarded to the Tillsonburg Hydro Inc. Annual General Meeting scheduled for June 27, 2017. Carried 18.2. Auto Mayors Caucus to Promote Canadian Auto Auto Mayors Policy Workshop Document May 2017 Draft Auto Mayors NAFTA Letter Resolution #16 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson WHEREAS, the auto sector directly employs over 101,000 people in Ontario, and indirectly supports the creation of more than 300,000 good jobs in communities nationwide; Council Meeting – Agenda - 11 - AND WHEREAS, the automotive industry represents Canada’s largest manufacturing sector, Ontario’s chief export and the economic lifeblood of hundreds of Canadian communities; AND WHEREAS, a thriving auto sector is an essential part of Tillsonburg’s local economy, stimulating growth, innovation, and the over 2,000 well paying jobs; AND WHEREAS, Canada’s auto sector has been deeply integrated with that of the United States since the early-20th century, as indicated by the 1965 Canada-US Auto Pact; AND WHEREAS, the North American Free Trade Agreement governs nearly every aspect of Canada and the United States’ economic relationship, including the import and export of auto parts and vehicles; AND WHEREAS, even minor changes to the established trade relationship between Canada and the United States could have enormous consequences for workers and consumers on both sides of the border; AND WHEREAS, in 2016 the government of Ontario and Michigan signed a Memorandum of Understanding calling for increased cooperation and partnership between their two automotive sectors; AND WHEREAS, the United States has announced its intent to renegotiate NAFTA; AND WHEREAS, Canada’s economic future and the continued wellbeing of Tillsonburg’s local economy depend on a thriving automotive sector; THEREFORE, be it resolved that Tillsonburg Town Council: 1. Join with Councils across Ontario in calling on the federal government to make the protection and growth of Canada’s automotive sector a key priority in the upcoming NAFTA negotiations; 2. And that the Mayor write a letter to Prime Minister Justin Trudeau and Dave McKenzie Member of Parliament, and Ernie Hardeman, Member of Provincial Parliament reinforcing these concerns; 3. And that Council urge those local members of Parliament who have not yet done so to join the parliamentary auto caucus, advocating for the wellbeing of Canada’s automotive sector in Ottawa. Carried Council Meeting – Agenda - 12 - 19. By-Laws By-Laws from the Meeting of Monday, June 26, 2017 Resolution #17 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 19.1. THAT By-Law 4113 , To dedicate certain lands as part of a public highway; By-Law 4114, To amend By-Law 4106, To adopt Budgetary Estimates; By-Law 4115, To Amend Zoning By-Law No. 3295, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Resolution #18 Moved By: Councillor Rosehart Seconded By: Councillor Hayes 19.2 THAT By-Law 4117, To confirm the proceedings of Council at its meeting held on June 26, 2017, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Items of Public Interest The Trans Canada Trail opening event is scheduled for June 29, 2017 starting at 10:00 am at Tillsonburg Avenue and Clarke Street. Information was provided with respect to Canada Day activities July 1, 2017. Further information available in the Wednesday edition of the Tillsonburg News and on the Town of Tillsonburg website. Information sheets have also been provided to schools, to go home with students. Opportunities to sign the large Canada Day flag will continue until the end of the year. At unscheduled times, it will be available at Annandale House. Notice was given regarding Newell Road and the Transfer Station. Public notices have been circulated. Council Meeting – Agenda - 13 - 21. Adjournment Resolution #19 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Council Meeting of Monday, June 26, 2017 be adjourned at 10:20 p.m. Carried