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191209 Council MIN 1 MINUTES Monday, December 9, 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: Ron Shaw, Chief Administrative Officer Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Terry Saelens, Acting Fire Chief Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session Resolution # 1 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider:  advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Town Hall Project); and 2  personal matters about an identifiable individual, including Town employees; (CAO Update) Carried 3. Adoption of Agenda Resolution # 2 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Monday, December 9, 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 Esseltine Seconded By: Councillor Parker THAT the Minutes of the Council meeting of November 25, 2019, be approved. Carried 7. Presentations 8. Public Meetings 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 6:03 p.m. Carried 3 8.1 Application for Minor Variance A 15-19 (McPherson) 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 was not in attendance. No 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: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A15-19, submitted by Dianne McPherson, for lands described as Part Lot 70, Plan 41M-182, Parts 38, 39, 40 & 41 of 41R-9347, Town of Tillsonburg, as it relates to: 1. Relief from Section 7.5.5.2.4, – Zone Provisions (R2-5) - Maximum Permitted Lot Coverage, to increase the maximum permitted lot coverage from 50% to 52% of lot area, to facilitate the construction of a sunroom addition to an existing single detached dwelling, and; 2. Relief from Section 7.5.5.2.12.1, – Zone Provisions (R2-5) – Porch, Balcony, Deck and Step Encroachments Into Required Rear Yards, to increase the permitted projection for a sunroom into a required rear yard from 1.5 m (5 ft) to 2.5 m (8.2 ft). Subject to a building permit for the proposed sunroom addition being issued within one year of the date of the Committee's decision. Carried 8.2 Application for Minor Variance A 17-19 (Veldmen) 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. 4 The applicant, John Veldman, appeared before Council in support of the application. Mr. Veldman confirmed the conditions in the report are satisfactory. 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: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A17-19, submitted by Johannes and Ann-Marie Veldmen, for lands described as Part Lot 716, Plan 500, Part 1 Plan 41R-2656, municipally known as 68 Concession Street West, Town of Tillsonburg, as it relates to: 1. Permission to construct an addition to the existing single detached dwelling on the subject lands for the purpose of an attached garage and secondary residential dwelling unit, and; 2. Permission to construct a detached residential accessory building, to a maximum size of 165 m2 (1,776 ft2) on the subject lands,Subject to the conditions contained in Report 2019-376. Carried Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:16 p.m. Carried 8.3 Application for Zone Change ZN 7-19-13 (Clause) 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. 5 The applicants, Daryll Clause and Nicole Clause, appeared before Council in support of the application. Jim Girard, appeared before Council in support of the application. Mr. Girard noted that he intends to purchase the subject property to build a multi-unit dwelling should the application be approved. No other members of the public appeared before Council in support of the application. The following individuals appeared before Council in opposition to the application. Brad Ivanochko and Sandra Codling, 6 Woodcock Drive, noted they are concerned about increased traffic congestion and limited parking availability requiring additional cars to be parked on-street posing a threat to the safety of pedestrians. Mr. Ivanochko noted the proposed multi-unit would not be consistent with the characteristic of the neighbourhood. Notes were provided for the record. Jim Hayes, 23 Bobolink Drive, noted he is concerned about pedestrian and vehicular safety. Mr. Hayes noted concern for potential issues related to storm and waste water management. Notes were provided for the record. Todd Bremner, 22 Robin Road, noted the proposed multi-unit would not be consistent with the characteristic of the neighbourhood. Mr. Bemner noted concern for pedestrian and vehicular safety as well as emergency vehicle access. Mr. Bemner also noted concerns about school bus safety. Notes were provided for the record. David Neil, 9 Owl, noted concern about pedestrian safety. Kim Cronmiller, 63 Parkwood, noted the proposed multi-unit would not be consistent with the characteristic of the neighbourhood. Nicole Gundry, 4 Woodcock Drive, noted concerns about pedestrian and vehicular safety. Christine Weston, 16 Robin Road, noted there is increased traffic in the neighbourhood due to recent developments. Mr. Clause provided a final comment in support of the application. Council defeated the following resolution. 6 Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council approve the zone change application submitted by Daryll and Nicole Clause, whereby the lands described as Lot 3, M-16, Town of Tillsonburg, known municipally as 4 Woodcock Drive are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Zone (R3-15)’ to allow for a range of dwelling types, including a single detached dwelling, a duplex dwelling, a triplex dwelling and a multiple-unit dwelling, consisting of 4 dwelling units and requiring a minimum lot area of 1,184.7 m2 (12,752 ft2). Defeated 9. Planning Applications 9.1 Initiation of Zone Change Application - OakPark Estates Resolution # 9 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council direct staff to initiate a zoning by-law amendment to implement a holding provision for vacant lots within the OakPark residential plan of subdivision to ensure the orderly development of the lands. Carried 10. Delegations 10.1 Oxford Health Coalition Lorraine Sinclair appeared before Council to present on behalf of the Oxford Health Coalition regarding proposed cuts to health care services. Opportunity was provided for comment and questions from Council. Resolution # 10 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the Oxford Health Coalition delegation, as information. 7 Carried 10.2 Amir Shenouda, S.E.M. Construction Amir Shenouda, S.E.M. Construction, appeared before Council to speak to Agenda item 13.1.1. Mr. Shenouda requested that the Town proceed to the negotiation stage with the preferred proponents. Opportunity was provided for comment and questions from Council. Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive the information from S.E.M. Construction, as information. Carried 11. Deputation(s) on Committee Reports 11.1 Town Hall Project Steering Committee Recommendation John Veldman, Chair, Town Hall Project Steering Committee, appeared before Council to provide an overview of the Committee's recommendation to Council. Opportunity was provided for comment and questions from Council. Resolution # 11 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the Town Hall Project Steering Committee's recommendation, as information. Carried 12. Information Items 12.1 Oxford County Holiday Waste Collection 2019 12.2 Tillsonburg Transfer Station Holiday Schedule 2019 8 Resolution # 12 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the information items regarding holiday waste collection and Tillsonburg Transfer Station holiday hours be received, as information. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 19-14 Town Hall Recommended Option - Town Hall Project Committee Resolution # 13 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Report CAO 19-14 Town Hall Recommended Option – Town Hall Steering Committee be received; AND THAT, given that the quotes have come in well in excess of the benchmark and will create a negative impact on future budgets, that Council reject all proposals for the Design, Build/Lease of a new Town Hall and terminate the current RFP process. AND THAT that staff communicate with the proponents in regards to the honorarium; AND THAT staff report back in February with recommendations on how to proceed with consideration of a complete set of options on how to proceed towards new corporate space for the Town of Tillsonburg with lower costs to the Town. Carried 13.1.2 CAO 19-17 Shelter During Extreme Cold Warnings County of Oxford will commit to covering costs up to $5,000. Staff to report on appropriate risk management issues to Council in January, 2020. 9 Resolution # 14 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Report CAO 19-17 Shelter During Extreme Cold Warnings be received; AND THAT Council approve in principle a program to provide overnight emergency shelter during declared extreme cold warnings; and THAT staff work with volunteer agencies to ensure that appropriate volunteers are available to manage the centres and report back to Council with costs and a proposed policy to provide authority, conditions and guidance on the operation of the emergency shelters. Carried 13.1.3 CAO 19-18 Declaration of Surplus Property - 29 Cedar Street Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Report CAO 19-18, Declaration of Surplus Property – 29 Cedar Street be received; AND THAT the Director of Economic Development provide notice of the intent to declare 29 Cedar Street surplus to the needs of the Corporation in the Tillsonburg News, the Town website and by posting a sign on the property and report back to Town Council at their meeting scheduled for January 13, 2019. Carried 13.2 Clerk's Office 13.2.1 CLK 19-28 Municipal Retail Cannabis Policy A By-Law to adopt a Municipal Cannabis Retail Policy will be brought forward for Council consideration in the new year. 10 Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report CLK 19-28 Municipal Retail Cannabis Policy; AND THAT it be circulated to the BIA, Chamber of Commerce and the Economic Development Committee for comment. Carried 13.2.2 CLK 19-33 Deputy Mayor Position Resolution # 17 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receive Report CLK 19-33 Deputy Mayor Position; AND THAT Council appoint Dave Beres as Deputy Mayor for a term ending November 14, 2022; AND THAT an additional $1,300.00 remuneration be provided for this position annually; AND THAT a By-Law be brought forward for Council consideration. Carried 13.2.3 CLK 19-34 Committee of Adjustment Resolution # 18 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receive Report CLK 19-34 Committee of Adjustment; AND THAT all members of Tillsonburg Town Council be appointed to the Committee of Adjustment; AND THAT an appointment By-law be brought forward for Council’s consideration. Carried 11 13.3 Development and Communication Services 13.3.1 DCS 19-35 Traffic By-Law Amendment - Municipal Bus Stops, Stop Signs, Yield Signs Geno Vanhaelewyn, Chief Building Official, appeared before Council to answer questions. Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report DCS 19-35 Traffic By-Law Amendment – Municipal Bus Stops, Stop Signs, Yield Signs, as information; AND THAT By-Law 4345 to amend By-Law 3701 be brought forward for Council consideration. Carried 13.4 Finance 13.4.1 FIN 19-31 2020 Rates and Fees Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report FIN 19-31 2020 Rates and Fees; AND THAT By-Law 2020-001 to provide a schedule of fees for certain municipal applications, services and permits be brought forward for Council consideration. Carried 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-54 Contract Award RFP 2019-012 Transit Operations Resolution # 20 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 12 THAT Council receive Report OPS 19-54 Contract Award for RFP 2019-012 Transit Operations; AND THAT Council Award RFP 2019-012 to 947465 Ontario Ltd., o/a Voyago at the revised pricing as outlined in this report. Carried 13.6.2 OPS 19-55 Concession Street West Heavy Truck Route Resolution # 21 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report OPS 19-55 Concession Street West Heavy Truck Route; AND THAT By-Law 4370 authorizing the temporary suspension of heavy truck traffic along Concession Street West from Westerly Town Limit to Quarter Town Line be brought forward for Council consideration. Carried 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-59 Snowmobile Use on Trans-Canada Trail Between Broadway and East Town Limit Staff confirmed appropriate signage to notify pedestrians will be installed. Resolution # 22 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Report RCP 19-59 is received for information; AND THAT the Town of Tillsonburg supports the County of Oxford extending their Agreement with the Southern Sno-Riders Snowmobile Club to include the portion of the Trans-Canada Trail between Zenda Line and Broadway for use as an official OFSC snowmobile trail as a pilot for December 2019-March 2020; 13 AND THAT the Town requires a 20km/hr speed limit on the portion of the Trans-Canada Trail within the limits of the Town of Tillsonburg be posted by the Snowmobile Club as part of their signage plan; AND THAT snowmobile trailer parking is limited to the Tillson Ave trail parking lot; AND THAT this support is limited to the 2019-2020 season, pending a review before supporting this use for additional seasons. Carried 13.7.2 RCP 19-60 Implementing Recycling at Town Facilities Resolution # 23 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-60 Implementing Pilot Recycling Program at Town Facilities for information. Carried 13.7.3 RCP 19-62 Awarding the Purchase of Columbaria for Tillsonburg Cemetery Resolution # 24 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Town of Tillsonburg purchases the supply and delivery of one 96-niche granite and metal octagon columbaria from CFC- Supply (Maidstone) at a cost of $33,800 plus applicable taxes; AND THAT the Town of Tillsonburg purchases the supply and delivery of one 4-niche all-granite family columbarium from Ingersoll, Memorial Ltd. (Woodstock) at a cost of $2,901 plus applicable taxes. Carried 14. New Business 14 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 25 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the Economic Development Advisory Committee minutes dated November 12, 2019, the Tillsonburg Transit Advisory Committee minutes dated November 19, 2019, and the Museum Advisory Committee minutes dated October 24, 2019 and November 28, 2019, as information. Carried 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4345, To amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg 18.2 By-Law 4363, To Assume Municipal Services in Glendale West Subdivision, Registered Plan 41M-305 18.3 By-Law 4364, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7- 19-10) 18.4 By-Law 4268, To Appoint a Committee of Adjustment for the Town of Tillsonburg 18.5 By-Law 4369, To Adopt a Municipal Retail Cannabis Policy for the Town of Tillsonburg 18.6 By-Law 4370, To Suspend Heavy Truck Traffic on Concession Street West 18.7 By-Law 4372, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7- 19-13) Resolution # 26 Moved By: Councillor Esseltine Seconded By: Councillor Parker 15 THAT By-Law 4345, To amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg; and By-Law 4363, To Assume Municipal Services in Glendale West Subdivision, Registered Plan 41M-305; and By-Law 4364, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7-19- 10); and By-Law 4268, To Appoint a Committee of Adjustment for the Town of Tillsonburg; and By-Law 4370, To Suspend Heavy Truck Traffic on Concession Street West 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 18.8 By-Law 2020-001, To Provide a Schedule of Fees for certain Municipal applications, services and permits Resolution # 27 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 2020-001 To Provide a Schedule of Fees for certain Municipal applications, services and permits be read for a first and second time. Carried 19. Confirm Proceedings By-law Resolution # 28 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT By-Law 4371, to Confirm the Proceedings of the Council Meeting held on December 9, 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 16 20. Items of Public Interest The J.L. Scott McLean Outdoor Recreation Pad is operational weather permitting. T:GO transit system will be operating on Saturday, December 14 and Saturday, December 21, 2019. The Mayor's Levy event will be held on January 5, 2020 between 2:00 p.m. to 4:00 p.m. at the Annandale National Historic Site. The next regular scheduled Council meeting will be on January 13, 2020. The next Council budget meeting will be on December 10, 2019. 21. Adjournment Resolution # 29 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, December 9, 2019 be adjourned at 10:05 p.m. Carried