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190624 Council MIN 1 MINUTES Monday, June 24, 2019 6:00 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 Lana White, Deputy Clerk/Executive Assistant _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council Meeting of Monday, June 24, 2019 be adopted. Carried 2 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 # 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Minutes of the Council Meeting of June 13, 2019 be approved. Carried 7. Presentations 8. Public Meetings Resolution # 3 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04pm. Carried 8.1 Application for Minor Variance A05-19, 26 Thomas Avenue (Roy and Nancy Gardner) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of County Report 2019-187, File A05-19. Copies of additional comments received were provided by the Planner. Opportunity was given for comments and questions from Council. Roy Gardner, applicant, appeared before Council and spoke in favour of the application. Greg Tribble, 17 Thomas Avenue, appeared before Council in opposition to the application. His concerns were that the proposed building is too large, blocking views and taking up green space, that it may set a precedent of allowing a second driveway, the proposed driveway would be 3 closer to the fire hydrant than the existing driveway, and it would be gravel. Mr. Tribble also referred to an agreement between the developer and the original owner of the property. The Planner advised that the agreement does not change the planning recommendation. No other members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Committee of Adjustment defers the Decision of Application File A05-19, submitted by Roy and Nancy Gardner, for lands described as Lot 88, Plan M-59, municipally known as 26 Thomas Avenue, Town of Tillsonburg, until July 8, 2019. Carried 8.2 Application for Minor Variance A06-19 (Brierwood Contracting Ltd.) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of County Report 2019-198, File A06-19. Opportunity was given for comments and questions from Council. The applicant was not in attendance. Rick Parrott, 23 Hillyndale Road, appeared before Council noting erosion concerns if the tree line was to be removed, as his property is lower. He also noted concerns regarding grading and drainage. No other members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 5 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 4 THAT the Committee of Adjustment approves Application File A06-19, submitted by Brierwood Contracting Ltd. (Steve Wilson), for lands described as Lot 3, Plan 986, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, – Zone Provisions (R1) Exterior Side Yard Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.7 ft) to facilitate the construction of a single detached dwelling with an attached garage, subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Carried 8.3 Application for Permission A07-19, 76 Vienna Road (Michael Decloet) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of County Report 2019-200, File A07-19. Opportunity was given for comments and questions from Council. Michael Decloet, the applicant, was in attendance and appeared before Council in support of the application. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 6 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Committee of Adjustment approves Application File A07-19, submitted by Michael Decloet, for lands described as Part Lot 1633, Plan 500, municipally known as 76 Vienna Road, Town of Tillsonburg, as it relates to: 1. Permission to replace an existing legal non-conforming residential accessory building on the subject lands, to a maximum of 97.5 m2 (1,050 ft2), Subject to the following conditions: i. A building permit for the proposed accessory structure shall be issued within one year of the date of the Committee's decision. 5 ii. The existing accessory structure on the subject lands be removed, to the satisfaction of the Town Chief Building Official. Carried Resolution # 7 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:55pm. Carried 8.4 Application for Zone Change ZN 7-19-08, 19 Lyndale Road (Broadway Estates Ltd.) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of Report CP 2019-194, in regards to Application for Zone Change ZN 7-19-08. Opportunity was given for comments and questions from Council. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 8 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council approves the zone change application submitted by Broadway Estates Inc., whereby the lands described as Part 1, Plan 41R- 9642 and Lot 66, Plan 41M-218, municipally known as 19 Lyndale Road, be rezoned to ‘Low Density Residential – Type 1 Zone (R1) to facilitate the development of one new single detached dwelling per lot. Carried 9. Planning Applications 10. Delegations 10.1 Grasscutting and Trimming Contract for Zone 1 6 Robert Thornton, Nature's Choice Lawn Care and Irrigation, appeared as a Delegation before Council, expressing his concerns regarding clarification of the grasscutting and trimming contract with the Town. Mr.Thornton provided photos and information, supporting his concerns and clarification in Zones 1 and 5 of the contracts, as well as with the Dog Park. Resolution # 9 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Delegation - Nature's Choice Lawn Care and Irrigation, in regards to the grasscutting and trimming contract for Zone 1, be received as information. Carried 11. Deputation(s) on Committee Reports 11.1 Joint Committee Report – Tillsonburg Aquatic Facilities Mr. Eugene Todd, Chair, Recreation & Sport Advisory Committee, appeared before Council and provided an overview of Report 19-28 Joint Committee Report - Tillsonburg Aquatic Facilities. Resolution # 10 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report RCP 19-28 Joint Committee Report – Tillsonburg Aquatic Facilities, as information; AND THAT Council refer the Committee Recommendations to Staff for consideration. Carried 12. Information Items 13. Mayor Reports 13.1 MYR 19-08 Oxford County Update 7 Resolution # 11 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report MYR 19-08 Oxford County Update, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.2.1 CLK 19-17 To Appoint Municipal Trustees Resolution # 12 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report CLK 19-17 To Appoint Municipal Trustees; AND THAT By-Law 4322 To Appoint Municipal Trustees be brought forward for Council consideration. Carried 14.3 Development and Communication Services 14.4 Finance 14.5 Fire and Emergency Services 14.6 Operations 14.6.1 OPS 19-29 Airport Hanger Land Lease Taxiway G1 Lot 2 Resolution # 13 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report OPS 19-29 Airport Hanger Land Lease Agreement Taxiway G1 Lot 2; 8 AND THAT By-Law 4320 to authorize the Airport Hanger Land Lease Agreement with Jeff Howe be brought forward for Council consideration. Carried 14.6.2 OPS 19-30 Airport Hanger Land Lease Taxiway G1 Lot 3 Resolution # 14 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report OPS 19-30 Airport Hanger Land Lease Agreement Taxiway G1 Lot 3; AND THAT By-Law 4321 to authorize the Airport Hanger Land Lease Agreement with Ernest West be brought forward for Council consideration. Carried 14.6.3 OPS 19-31 Results for RFP 2019-007 Transit Consulting Services Resolution # 15 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 19-31 Results for RFP 2019- 007 Transit Consulting Services; AND THAT Council awards RFP 2019-007 to IBI Group of Toronto, ON at a cost of $127,925.55 (net HST included), the highest scoring proposal received. Carried 14.6.4 OPS 19-32 Results for RFP 2019-005 Airport Feasibility Analysis Resolution # 16 Moved By: Councillor Luciani Seconded By: Councillor Esseltine 9 THAT Council receives Report OPS 19-32 Results for RFP 2019- 005 Airport Feasibility Analysis; AND THAT Council awards RFP 2019-005 to HR Aero Aviation Consulting of Ottawa, ON at a cost of $28,167.17 (net HST included), the highest scoring proposal received. Carried 14.7 Recreation, Culture & Park Services 14.7.1 RCP 19-25 Summer Place Demolition Costs and Alternatives Resolution # 17 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 19-25 – Summer Place Demolition Costs and Alternatives; AND THAT Council directs staff to proceed with Option C as identified in this Report. Carried 14.7.2 RCP 19-26 Memorial Park Parking Expansion Resolution # 18 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 19-26 Memorial Park Parking Expansion; AND THAT Council directs staff to issue the tender for the expanded parking project as outlined in Report RCP 19-26. Carried 14.7.3 RCP 19-27 Aquatic Facility Needs and Concepts Update Resolution # 19 Moved By: Councillor Gilvesy Seconded By: Councillor Parker 10 THAT Council receives Report RCP 19-27 Aquatics Facility Needs and Concepts Update, for information. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 20 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee Minutes dated June 5, 2019, the Accessibility Advisory Committee Minutes dated June 11, 2019, the Economic Development Advisory Committee Minutes dated June 11, 2019, and the Transit Advisory Committee Minutes dated June 18, 2019, as information. Carried 16.2 Business Improvement Area Board of Management Minutes Resolution # 21 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the B.I.A. Board of Management Minutes dated May 23, 2019, as information. Carried 17. Motions/Notice of Motions 17.1 Notice of Motions for Which Notice was Previously Given Resolution # 22 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council adopts the resolution that was passed by the Memorial Park Revitalization committee and the Recreation and Sport committee at their joint meeting in regards to Hardball #1 diamond and; 11 THAT the Memorial Park Master Plan be amended to keep the orientation of Hardball #1 in its current location. Carried 17.2 Notice of Motion - Beautification Project, Signage, Memorial Plaque - Dog Park Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council authorize the following motion to be dealt with at tonight's meeting with a 2/3 vote of Council in accordance with Section 6.10 (3). Carried Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the beautification project, signage, and the Memorial Plaque be completed at the Dave Johnson Memorial Dog Park by July 5, 2019; AND THAT the work be funded from reserves designated for the dog park. Carried 17.3 Notice of Motion - Installation of Water - Dog Park Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council authorize the following motion to be dealt with at tonight's meeting with a 2/3 vote of Council in accordance with Section 6.10 (3). Carried Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Staff provide a report regarding the status of water and the proposed implementation date for installation at the Dave Johnson Memorial Dog Park. 12 Carried 17.4 Notice of Motion - Dog Park Advisory Committee Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council authorize the following motion to be dealt with at tonight's meeting with a 2/3 vote of Council in accordance with Section 6.10 (3). Carried Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT a Dog Park Advisory Committee be formed; AND THAT Staff provide a terms of reference for a dog park committee at the August council meeting for Council's consideration. Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 4317, To Amend Zoning By-Law 3295 (ZN 7-19-08, 19 Lyndale Road, Broadway Estates) 19.2 By-Law 4320, To Authorize Airport Hangar Land Lease Agreement (Howe) 19.3 By-Law 4321, To Authorize Airport Hangar Land Lease Agreement (West) 19.4 By-Law 4322, To Appoint Municipal Trustees Resolution # 23 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT By-Law 4317, to Amend Zoning By-Law 3295 (ZN 7-19-08, Broadway Estates Inc.) By-Law 4320, to Authorize Airport Hangar Land Lease Agreement (Howe), and 13 By-Law 4321, to Authorize Airport Hangar Land Lease Agreement (West), and By-Law 4322, to Appoint Municipal Trustees, 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. Confirm Proceedings By-law Resolution # 24 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 4318 to Confirm the Proceedings of the Council Meeting held on June 24, 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 21. Items of Public Interest A yard sale to raise funds for a future Splash Pad is scheduled for June 28 and 29 at Zehrs, 7:00am-6:00pm both days. Contact Judy at 226-231-1264 to arrange for pick-up of donations. Music on the Lawn is back for the season, with events scheduled on Sunday evenings from now until August 25, on the lawn at Annandale NHS. For information and a list of performances, visit the Town's website www.tillsonburg.ca or call 519-842-2294. Appreciation was extended to the volunteers and sponsors of this year's Turtlefest event. A Schedule of Canada Day Activities can be found on the Town's website www.tillsonburg.ca, facebook and in the Tillsonburg News. Tillsonburg Non-Profit Housing Association is hosting an Open House Wednesday, June 26, 2:00 - 5:00pm., at the Sanders Street Seniors Residence. The 2019 Citizen of the Year Event, recognizing Diane Patenaude, is scheduled for Tuesday, June 25 at 6:00pm at the Carriage Hall. Doors open at 5:30. Everyone is welcome to attend. 14 Anyone interested in having their home designated under the Century Plaque Program is encouraged to contact the Clerk's Office. 22. Adjournment Resolution # 25 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Meeting of Monday, June 24, 2019 be adjourned at 9:20 p.m. Carried