190527 Council MIN 1
MINUTES
Monday, May 27, 2019
4:30 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: David Calder, CAO
Donna Wilson, Town Clerk
Kevin De Leebeeck, Director of Operations
Dave Rushton, Director of Finance
Rick Cox, Director of Recreation, Culture and Parks
Amelia Jaggard, Legislative Services Coordinator
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:30 pm.
2. Closed Session
Resolution # 1
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council move into Closed Session for education or training of the
members (Code of Conduct).
Carried
3. Adoption of Agenda
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Resolution # 2
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Agenda as prepared for the Council Meeting of Monday, May 27,
2019, be adopted.
Carried
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
6. Adoption of Council Minutes of Previous Meeting
Resolution # 3
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Minutes of the Council meeting held on Monday, May 13, 2019, be
approved.
Carried
7. Presentations
7.1 Draft Comprehensive Review Phase 1
Paul Michaels, Manager of Policy Planning, County of Oxford, appeared
before Council to provide an overview of the findings of the Draft
Comprehensive Review Phase 1.
The purpose of the study is to provide a determination of the twenty year
growth forecast to ensure policy supports growth.
The study is updated on a five year basis when the census is released. It
is also reviewed and updated annually to reflect issued building permits.
The final report to County Council will be in June.
Resolution # 4
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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THAT Council receive the Draft Comprehensive Review Phase 1
presentation, as information.
Carried
8. Public Meetings
8.1 Application for Zone Change - ZN 7-19-07 - 40 Cranberry Road
(French)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to
provide an overview of the application.
Staff noted that there is no immediate plan to extend municipal services to
the subject property.
Opportunity was provided for comments and questions from Council.
The applicant, Larry French, and his agent, Michael Graves, appeared
before Council in support of the application. Graves noted that the
applicant is asking Council to consider the uniqueness of the property and
to provide an exception.
French noted that he would be willing to sign appropriate documentation
stating he would join municipal services if they were to become available
at the property.
No members of the public appeared before Council either in support of or
opposition to the application.
Council passed the following resolution.
Motion
Moved by: Councillor Gilvesy
Seconded by: Councillor Parker
THAT application for Zone Change ZN 7-19-07 – Larry French be
approved provided that the applicant meet the requirements from LPRCA;
AND THAT the Applicant provides the necessary on site evaluation as
noted by the Tillsonburg Building Services Department. be approved
provided that the applicant meet the requirements of the LPRCA.
Carried.
If municipal services become available at the subject lands the owner will
be required to hook up to the municipal services.
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The amending by-law will be brought forward at the Council meeting on
Thursday, June 13, 2019.
8.2 Application for Zone Change - ZN 7-19-06 - 155 Wilson Ave (Retsinas)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to
provide an overview of the application.
Staff noted that the recommendation to approve-in-principal is based on
the Bonusing Provisions of the Planning Act (Section 37), which would
require the applicant to enter into a Bonusing Agreement. The agreement
and amending by-law would be brought back to Council.
Opportunity was provided for comments and questions from Council.
Staff noted that it would be difficult to justify changing the zoning to R3 if
the proposed project was not for the purpose of providing affordable
housing.
The applicant, Tillsonburg Property Corporation, was present.
The agent, Harry Froussion, Zelinka Priamo Limited, appeared before
Council in support of the application.
Froussion noted that the project was designed by an architect experienced
with municipal by-laws. They are confident that the architect has identified
and met requirements, and that the property does not warrant a second
egress access.
Froussion noted that existing site lines on Concession St W prohibit
access onto Concession Street West from the subject property.
No members of the public appeared before Council in support of the
application.
Leo Archdeka, 43 Hawkins Street, appeared before Council in opposition
to the application.
Archdeka noted concerns about the egress access to the property and the
ability for emergency vehicles to safely access the property.
Archdeka noted that residents of Hickory Hills oppose the application.
Pat Carlson, 94 Wilson Avenue, appeared before Council in opposition to
the application.
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Carlson noted concerns about the proposed reductions and increases to
the minimum lot area and maximum number of dwellings per building and
buildings per lot provisions of the Zoning By-Law.
Carlson noted that the Planning Justification Report identifies the Hickory
Hills Resident Association’s Community Centre as a neighbourhood park.
The Association signed a 99 year lease with the Town of Tillsonburg on
the property and there are 77 years remaining on the lease.
Harvey Fishback, 77 Concession Street West, appeared before Council in
opposition to the application.
Fishback noted concerns about increased traffic flow on Wilson Avenue
impacting neighbouring properties and generating a need to update the
road at the expense of the tax payer.
Fishback also noted concerns about increased traffic at the corner of
Concession Street and Charlotte Avenue which could result in more
accidents.
Clive Berry, 35 Wilson Avenue, appeared before Council in opposition to
the application.
Berry noted that he was contacted by a representative of the developer in
February of 2019. The representative requested an opportunity to speak
with the Hickory Hills Board of Directors in order to overcome the negative
items that were expressed by previous applicants. A date and time could
not be organized for this meeting.
Carsten Schernekav, 20 Wilkins Crescent, appeared before Council in
opposition to the application.
Schernekav noted concerns about snow removal at the property and the
lack of storage space for tenants.
Bill Woychesko,102 Wilson Avenue, appeared before Council in
opposition to the application.
Woychesko noted concerns about the slope on the property resulting in
slips and falls.
Froussion noted that the applicant held a public open house regarding the
project; at least fifty people were in attendance.
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Resolution # 6
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT Council approve-in-principle the zone change application submitted
by Tillsonburg Property Corporation, whereby the lands described Part Lot
5, Plan 1646, and Parts 1, 3 & 8 of Reference Plan 41R-9148 known
municipally as 155 Wilson Avenue are to be rezoned from ‘Low Density
Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3
Bonus Zone (R3-sp)’ to facilitate the development of two, 2-storey multiple
unit dwellings consisting of 28 apartment dwelling units;
AND FURTHER THAT Council authorize the Mayor and Clerk to enter into
an agreement with Tillsonburg Property Corporation under Section 37(3)
of the Planning Act regarding the provision of 25 affordable housing units
at 155 Wilson Avenue in the Town of Tillsonburg.
Defeated
9. Planning Applications
10. Delegations
11. Deputation(s) on Committee Reports
11.1 DCS 19-09 - EDAC Advice Regarding Growth Forecast and Land
Needs Analysis
Jesse Goossens, Chair, Economic Development Advisory Committee,
was not in attendance.
Resolution # 7
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive Report DCS 19-09 EDAC Advice Regarding Growth
Forecasts and Land Need Analysis;
AND THAT the items identified by the Economic Development Advisory
Committee be forwarded to the Oxford County Planning Department for
consideration.
Carried
12. Information Items
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13. Mayor's Report
13.1 MYR 19-07 - Oxford County Update
Council recessed at 8:13 p.m.
Council resumed regular session at 8:17 p.m.
Tillsonburg Town Council should have the opportunity to comment on the
Transportation Master Plan.
Resolution # 8
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT Council receives report MYR 19-07 Oxford County Update, as
information.
Carried
14. Quarterly Reports
14.1 FIN 19-08 - 2018 Fourth Quarter Consolidated Results
Staff noted that the first quarter results for 2019 will be available at the
next Council meeting.
Resolution # 9
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives report FIN 19-08 2018 Fourth Quarter
Consolidated Results, as information.
Carried
14.2 FIN 19-07 - 2018 Fourth Quarter Department Results - Finance
14.3 DCS 19-13 - 2018 Fourth Quarter Department Results - Economic
Development and Marketing
14.4 DCS 19-14 - 2018 Fourth Quarter Department Results - Building,
Planning and By-Law Services
14.5 FRS 19-06 - 2018 Fourth Quarter Department Results - Fire and
Rescue Services
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14.6 OPS 19-18 - 2018 Fourth Quarter Department Results - Operations
Services
14.7 RCP 19-23 - 2018 Fourth Quarter Department Results - Recreation,
Culture and Parks
Staff to provide an update on the Clearview Drive extension project
timeline.
Development Commissioner will follow up with regards to the Wayfinding
Signage project.
The Downtown Revitalization Report will be on the next Agenda.
Resolution # 15
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council receive 2018 Fourth Quarter Department Results, as
information.
Carried
15. Staff Reports
15.1 Chief Administrative Officer
15.1.1 CAO 19-05 - Regional Review Council Committee Report
Resolution # 16
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT the Regional Review Council Committee supports the
position of Tillsonburg Council and the County of Oxford for a two
tier governance system in Oxford;
AND THAT the committee recommends to Council that once the
province determines the government structure that the municipality
be included in a consultation process which includes the service
level review in Oxford County;
AND THAT this resolution be provided to the Minister of Municipal
Affairs and Housing, to the Minister of Agriculture, Food and Rural
Affairs and to the area municipalities including the County of
Oxford.
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Carried
15.2 Clerk's Office
15.2.1 CLK 19-15 - Code of Conduct
Resolution # 17
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Report CL 19-15, Code of Conduct, be received;
AND THAT a By-Law to authorize the Code of Conduct Policy be
brought forward for Council consideration.
Carried
15.3 Development and Communication Services
15.3.1 DCS 19-10 - Graffiti By-Law
Geno Vanhaelewyn, Chief Building Official, appeared before
Council to answers questions.
Resolution # 18
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives Report DCS 19-10 Graffiti By-law for
information.
AND THAT Graffiti By-Law 4278 to prohibit and regulate graffiti in
the Town of Tillsonburg be brought forward for Council
consideration.
Carried
15.4 Finance
15.4.1 FIN 19-09 - 2019 Budgetary Estimates and Tax Rates
Staff to provide clarification that all landowners in the core area
contribute to parking in the downtown area.
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Resolution # 19
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives report FIN 19-09 2019 Budgetary Estimates
and Tax Rates;
AND THAT By-Law 4299 to provide for the adoption of budgetary
estimates, tax rates, installment due dates and to further provide for
penalty and interest on default of payment thereof for 2019 be
brought forward for Council consideration.
Carried
15.4.2 FIN 19-10 - 2019 Audit RFP Results
Resolution # 20
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receive Report FIN 19-10 2019 Audit RFP Results.
as information;
AND THAT Council approves Millard, Rouse & Rosebrugh LLP
(Millards) as the Town’s Auditor for the years ending December 31,
2019 through to December 31, 2023.
Carried
15.5 Fire and Emergency Services
15.6 Operations
15.6.1 OPS 19-19 - Strategic Asset Management Policy
Resolution # 21
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT Council receive Report OPS 19-19 Strategic Asset
Management Policy;
AND THAT Council adopt the Strategic Asset Management Policy.
Carried
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15.6.2 OPS 19-20 - Airport Hanger Land Lease Taxiway G1 Lot 1
Resolution # 22
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council receive Report OPS 19-20 Airport Hanger Land
Lease Agreement Taxiway G1 Lot 1;
AND THAT By-Law 4309 to authorize the Airport Hanger Land
Lease Agreement with Karl Szordykowski of Lime Tree Assembly
Inc., be brought forward for council consideration.
Carried
15.6.3 OPS 19-21 - Airport Hanger Land Lease Taxiway G3 Lot 3
Resolution # 23
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receive Report OPS 19-21 Airport Hanger Land
Lease Agreement Taxiway G3 Lot 3;
AND THAT By-Law 4310 to authorize the Airport Hanger Land
Lease Agreement with #1474528 Ontario Inc. / Dave Hewitt, be
brought forward for Council consideration.
Carried
15.6.4 OPS 19-22 - Results for Tender RFT 2019-010 Hydro Utility
Truck
Resolution # 24
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receive Report OPS 19-22 Results for Tender RFT
2019-010 Hydro Utility Truck;
AND THAT Council award Tender RFT 2019-010 to Posi-Plus
Technologies Inc. of Victoriaville, Quebec at a cost of $347, 896.07
(net HST included), the only bid received;
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AND FURTHER THAT Council authorize a $47,896.07 increase in
utility funded debt proceeds to fund the remaining project cost.
Carried
15.6.5 OPS 19-23 - Connecting Link Funding Program Designated
Project
Resolution # 25
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receive Report OPS 19-23 Connecting Link Funding
Program Designated Project;
AND THAT Oxford/Simcoe Street Rehabilitation from Broadway to
Vienna Road be endorsed as the Town’s project for the Connecting
Link funding application;
AND THAT the submitted Application meets the requirements of
MTO’s Connecting Links Program as described in the Program
Guide;
AND THAT a comprehensive asset management plan including
connecting links has been completed and publically posted;
AND THAT the municipality will comply with the conditions that
apply to designated connecting links under the Highway Traffic Act
to ensure the safe and efficient movement of provincial traffic;
AND THAT the project will be completed within the milestones
stated in the Application;
AND THAT the Application is complete and factually accurate;
AND THAT the Chief Administrative Officer be authorized to
execute the declaration statement within the formal application.
Carried
15.6.6 OPS 19-24 - Broadway and Trans Canada Trail PXO
Staff confirmed that the marketing approach for this project will
include a partnership with the OPP to help bring awareness to the
community and motorist, in addition to promotional packages.
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Resolution # 26
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receive Report OPS 19-24 Broadway and Trans
Canada Trail PXO;
AND THAT By-Law 4306 to amend By-Law 3701, being a by-law to
regulate traffic and the parking of motor vehicles in the Town of
Tillsonburg be brought forward for Council’s consideration.
Carried
15.7 Recreation, Culture & Park Services
16. New Business
17. Consideration of Committee Minutes
17.1 Committee Minutes
Staff noted that Advisory Committee Agendas are available on the Town
of Tillsonburg website.
Resolution # 27
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives the Cultural, Heritage and Special Awards
Advisory Committee Minutes dated May 1, 2019 and May 6, 2019, the
Economic Development Advisory Committee Minutes dated May 14, 2019,
the Regional Review Council Committee Minutes dated May 21, 2019,
and the Tillsonburg Transit Advisory Committee Minutes dated May 21,
2019, as information.
Carried
17.2 Business Improvement Area Board of Management Minutes
Resolution # 28
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
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THAT Council receive the Business Improvement Area Board of
Management Minutes dated December 18, 2018, January 16, 2019,
February 21, 2019 and March 21, 2019, as information.
Carried
17.3 Police Services Board Minutes
Resolution # 29
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receive the Police Services Board minutes dated April 17,
2019, as information.
Carried
18. Motions/Notice of Motions
19. Notice of Motion for which previous Notice was Given
19.1 Councillor Gilvesy - Taxation Stabilization Reserve
Resolution # 30
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT the Commercial Taxiway Rehabilitation, the Risk Assessment of
Public Access at the Airport and the Airport Hydro Load Capacity Testing
at the Tillsonburg Airport be funded from the Taxation Stabilization
Reserve in the total amount of $50,000;
AND THAT the $50,000 be reimbursed (refunded) to the Taxation
Stabilization Reserve from the sale of airport lands.
Carried
20. Resolutions/Resolutions Resulting from Closed Session
21. By-Laws
21.1 By-Law 4278, To Prohibit Graffiti on Private Property
21.2 By-Law 4305, To Adopt a Code of Conduct and Repeal By-Law 3979
21.3 By-Law 4306, To Amend By-Law 3701
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21.4 By-Law 4309, To Authorize an Airport Hanger Land Lease with
Szordykowski
21.5 By-Law 4310, To Authorize an Airport Hanger Land Lease with Hewitt
21.6 By-Law 4311, To Adopt a Strategic Asset Management Policy
21.7 By-Law 4299, 2019 Final Levy
Resolution # 31
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT By-Law 4278, To Prohibit Graffiti on Private Property; and
By-Law 4305, To Adopt a Code of Conduct and Repeal By-Law 3979; and
By-Law 4306, To Amend By-Law 3701; and
By-Law 4309, To Authorize an Airport Hanger Land Lease with
Szordykowski; and
By-Law 4310, To Authorize an Airport Hanger Land Lease with Hewitt;
and
By-Law 4311, To Adopt a Strategic Asset Management Policy; and
By-Law 4299, 2019 Final Levy, 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
22. Confirm Proceedings By-law
Resolution # 32
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT By-Law 4308 to Confirm the Proceedings of the Council meeting held on
May 27, 2019, 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
23. Items of Public Interest
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The Business Improvement Area Board of Management has initiated a
Beautification Program in the downtown which includes new tables, chairs and
plants. The tables and chairs will be removed in October. Designated smoking
areas will be identified in the future.
The Oxford County Trails Festival/ Keep Tillsonburg Beautiful/ Take a Hike
Oxford will run on Sunday in Tillsonburg at the Trailhead on Broadway St. south
of North St. from 12:30 to 4 p.m.
The TGO Transit system is transitioning to a route system. Feedback is
welcome.
Tillsonburg Turtlefest will be held June 14, 2019 to June 16, 2019.
The next Council Meeting will be on Thursday, June 13, 2019.
24. Adjournment
Resolution # 33
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Council Meeting of Monday, May 27, 2019, be adjourned at 9:10 p.m.
Carried