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190708 Council MIN 1 MINUTES Monday, July 8, 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 Rick Cox, Director of Recreation, Culture and Parks Amelia Jaggard, Legislative Services Coordinator Sheena Pawliwec, Deputy Treasurer _____________________________________________________________________ 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 Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Meeting of Monday, July 8, 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 Parker Seconded By: Councillor Esseltine THAT the Minutes of the Council Meetings of June 24, 2019 and June 25, 2019, be approved. Carried 7. Presentations 8. Public Meetings 8.1 Zone Change Application ZN 7-19-09, 25 Spruce Street (Madlen and Lena Isaacs) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Opportunity was provided for comments and questions from Council. The applicant, Lena Isaacs, 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. Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council approve the zone change application submitted by Madlen Isaacs, whereby the lands described as Part Lot 1617, 1638, Plan 500, Part 1 of Plan 41R-1662, & 41R-1932 in the Town of Tillsonburg, known municipally as 25 Spruce Street, are to be rezoned from ‘General Industrial Zone (MG)’ to ‘Special General Industrial Zone (MG-sp)’ to allow for the development of additional service commercial-oriented uses within an existing industrial mall. 3 Carried Resolution # 4 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:10 p.m. Carried 8.2 Application for Minor Variance A08-19, 80 Brock Street East (Arend Tenhove) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Council received correspondence from the applicant on July 8, 2019 which indicated the applicant/owner is not in favour of the cash-in-lieu of parking recommendation. Opportunity was provided for comments and questions from Council. Staff noted that the cash-in-lieu of parking is a one time fee based on land value and the cost to construct the space. The applicant, Adrian Ten Hove, appeared before Council in support of the application but requested that the cash-in-lieu of parking fee be reduced. No members of the public appeared before Council either in support of or opposition to the application. Resolution # 5 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres That the Town of Tillsonburg Committee of Adjustment approve Application File A-08/19, submitted by 952666 Ontario Limited, for lands described as Lot 1263, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 7 spaces (1 per 20 m2 of gross floor area) to nil spaces to facilitate an expansion to an existing office building; 4 Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg. Carried 9. Planning Applications 9.1 CLK 19-19 Memorandum (A05-19) Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive CLK 19-19 Memorandum, as information. Carried 9.2 Application for Minor Variance A05-19, 26 Thomas Avenue (Roy and Nancy Gardner) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to answer questions. Motion Moved by: Councillor Esseltine Seconded by: Councillor Luciani THAT the following conditions be amended from the original motion: i. The driveway be paved with a solid surface, to the satisfaction of the Town Building Services Department. ii. The building be located as close to the existing dwelling as possible. Carried. Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Committee of Adjustment approves 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, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and 5 Structures, to permit an increase to the maximum lot coverage allowance for residential accessory buildings from 50 m2 (538.2 ft2) to 50.1 m2 (539.27 ft2), and; 2. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum height allowance for a residential accessory building from 3.7 m (12.1 ft) to 4.19 m (13.75 ft), Subject to the conditions that the driveway be paved with a solid surface, to the satisfaction of the Town Building Services Department and that the building be located as closely to the existing building as possible. Carried Resolution # 6 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 6:42 p.m. Carried 10. Delegations 10.1 Business Improvement Area Board of Management Update Mark Renaud, Executive Director, and Karlee Slattery, Events and Marketing Coordinator for the Tillsonburg BIA, appeared before Council to present an update from the BIA Board of Management. Opportunity was provided for comments and questions from Council. The BIA has ordered additional garbage and recycling bins for the downtown streets. The County of Oxford IT Department is currently working with the BIA to bring back the WIFI. The BIA is currently creating new branding which will be rolled out with a new website in the future. Resolution # 9 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 6 THAT Council receive the Business Improvement Area Board of Management Update, as information. Carried 10.2 Heritage Permit Application (83 Rolph Street) Andrew Teeple, Athon Construction and Development Corporation, appeared before Council and provided an overview of proposed alterations to the building at 83 Rolph Street (Rolph Street Public School). Opportunity was provided for comments and questions from Council. Mr. Teeple noted the target completion date is in Spring or Summer of 2020. Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the delegation regarding the Heritage Permit Application for 83 Rolph Street, as information; AND THAT this information be referred to item 13.2.1 CLK 19-18, for consideration. Carried 10.3 Tillsonburg Cemetery (Plant Holder) Les Lonsbary was not in attendance. 10.4 Turtlefest Committee Request for Funds Suzanne Fleet, Festival Director, Turtlefest, appeared before Council to request an emergency loan in the amount of $7,000.00 to cover unpaid expenses (event suppliers). Ms. Fleet noted that their insurance company confirmed an insurance claim is not possible. This is the first time in nine years that the committee has needed to request more funding from the Town. Ms. Fleet noted that due to weather conditions attendance was down $8,000.00 at the 2019 event compared to the 2018 event. In addition, the event's expenses were up $21,000.00 due to EMS services, security 7 services, the use of additional inflatables and increased marketing and promotions efforts. Ms. Fleet noted that a comprehensive financial statement will be brought forward to Council in the next month. Resolution # 12 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the delegation regarding Turtlefest, as information; AND THAT Council provide the $7,000 in the form of a loan; AND THAT Staff report back to Council with regards to the conditions of the loan. Carried 11. Deputation(s) on Committee Reports 11.1 RCP 19-33 Cemetery By-Law 3640 Violation Paul DeCloet, Chair of Parks, Beautification and Cemetery Advisory Committee, appeared before Council to answer questions. Opportunity was provided for comments and questions from Council. Resolution # 13 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Report RCP 19-33 Cemetery By-Law 3640 Violation be received; AND THAT Council support the recommendation from the Parks, Beautification & Cemetery Advisory Committee to adhere to the Cemetery By-Law #3640 and direct the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town. Carried 12. Information Items 12.1 Correspondence - Ministry of the Solicitor General 8 Resolution # 14 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the correspondence from the Ministry of the Solicitor General regarding the Town of Tillsonburg's Emergency Management and Civil Protection Act (EMCPA) results for 2018, as information. Carried 12.2 Oxford County - Notice of Passing of Development Charges By-Law Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive the correspondence from the County of Oxford, as information. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CLK 19-18 Application for Alteration of Property (83 Rolph Street) Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive report CLK 19-18 Application for Alteration of Property (83 Rolph Street), as information; AND THAT Council consents to the application under Section 33 of the Ontario Heritage Act to alter the original five dormers and subsequent window openings and sills of the building located at 83 Rolph Street (Rolph Street Public School). Carried 9 13.3 Development and Communication Services 13.3.1 DCS 19-17 Community Improvement Plan Application - 95 Spruce St Cephas Panschow, Development Commissioner, appeared before Council to answer questions. Staff to bring back the agreement and specify how the Town's investment would be protected. Resolution # 17 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 19-17 Community Improvement Plan Application – 95 Spruce St; AND THAT the 95 Spruce Street property be approved for $100,000 in funding through the Town’s Community Improvement Plan to encourage redevelopment of the property subject to a funding agreement being brought back to Council for consideration; AND THAT funding be provided through the Tax Rate Stabilization Reserve. Carried 13.3.2 DCS 19-18 Downtown Retail Gap Analysis Resolution # 18 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 19-18 Downtown Retail Gap Analysis; AND THAT the Retail Gap Analysis for the Downtown be approved in principle to guide future downtown marketing and business attraction initiatives in partnership with the Business Improvement Association. Carried 10 13.3.3 DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp Staff to review item 4.10. for compliance with the Town's Graffiti By- Law. Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive Report DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp; AND THAT By-Law 4325 to enter into a Municipal Access Agreement with North Frontenac Telephone Elgin Corp to enable them to expand their network services in the Town of Tillsonburg be brought forward for Council consideration. Carried 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction Staff noted that the anticipated completion time is Fall 2019. The Province has recommended the Town's application for funding for Concession St. W. to the Federal government. There have been no further updates at this time. Resolution # 20 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive Report OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction; AND THAT Council award Tender RFT 2019-012 to Euro Ex Construction of Woodstock, ON at a cost of $1,780,948.06 (net 11 HST included), the lowest bid received satisfying all Tender requirements; AND THAT Council approves an additional use of DC Reserves in the amount of $39,276 towards this project; AND FURTHER THAT Council authorize the use of Gas Tax Reserves to fund the remaining $6,288 in project costs. Carried 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-32 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni Staff noted that the next steps would be to execute the agreement and begin planning for the event. Staff confirmed that an expense and revenue report would be provided to Council following the event. Staff to provide an update regarding the event planning and funding source in September 2019. Resolution # 21 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-32 – February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni; AND THAT Council approves a February 15, 2020 F.A.R.E. Fundraiser featuring the Toronto Maple Leafs Alumni. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Staff to bring forward a report regarding the Rzone policy at the Council meeting on August 12, 2019. 12 Resolution # 22 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Museum Advisory Committee Minutes dated May 30, 2019, Parks, Beautification and Cemetery Advisory Committee Minutes dated June 6, 2019, the Cultural, Heritage and Special Awards Advisory Committee Minutes dated June 20, 2019, and the Recreation and Sports Advisory Committee Minutes Date June 26, 2019, as information. Carried 15.2 Long Point Region Conservation Authority Board of Directors Minutes Resolution # 23 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the Long Point Region Conservation Authority Board of Directors Minutes dated June 5, 2019, as information. Carried 16. Motions/Notice of Motions 16.1 Notice of Motion for which Previous Notice was Given Resolution # 24 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT staff investigate and report back to council as part of the aquatics report information on the renovation of the Ingersoll and Port Hope indoor pools which would include cost and scope of project, architect and any other information that may be deemed appropriate as to provide council with a comparative project based in a similar sized municipality Carried 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 13 18.1 By-Law 4323, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7- 19-09) 18.2 By-Law 4325, Municipal Access Agreement Resolution # 25 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 4323, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-19-09), and By-Law 4325, Municipal Access Agreement, 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 19. Confirm Proceedings By-law Resolution # 26 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 4324 to Confirm the Proceedings of the Council Meeting held on Monday, July 8, 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 20. Items of Public Interest The Annandale National Historic Site will be hosting an event called "Putting on the Ritz" on Saturday, October 19, 2019. 21. Adjournment Resolution # 27 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council Meeting of Monday, July 8, 2019 be adjourned at 8:56 p.m. Carried