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200414 Council MIN 1 MINUTES Tuesday, April 14, 2020 6:00 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, 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 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 2020-160 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Tuesday, April 14, 2020, be adopted. 2 Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof Deputy Mayor Beres declared pecuniary interest on the following items: 1. Item 20.6 in open session (By-Law 2020-036) with the reason being a family member will receive financial gain. Councillor Gilvesy declared pecuniary interest on the following items: 1. Item 20.6 in open session (By-Law 2020-036) with the reason being a family member will receive financial gain. Councillor Rosehart declared pecuniary interest at a later point in the meeting on the following items: 1. Item 15.7.5 in open session (Award of Concession RFP) with the reason being that her son submitted a proposal. No other disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2020-161 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Minutes of the special Council meeting of Friday, March 20, 2020, the minutes of the Council meeting of Monday, March 23, 2020 and the minutes of the special Council meeting of Monday, March 30, 2020, be approved. Carried 7. Presentations 8. Public Meetings 9. Planning Applications 9.1 Application for Zone Change - Removal of Holding Provision ZN 7- 20-04 (Victoria Wood Tillsonburg GP Inc.) Eric Gilbert, Senior Planner, County of Oxford, was present to answer questions. 3 Resolution # 2020-162 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council approve the zone change application, File No. ZN 7-20-04, as submitted by Victoria Wood (Tillsonburg) GP Inc., for lands described as Part of Lot 7, Concession 12 (Dereham), Parts 1, 2, 3, 4 and 12 of Reference Plan 41R-9832, in the Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 2 of Victoria Woods (the Oaks) draft plan of subdivision. Carried 9.2 CP 2020-73 Request for Extension to Draft Approved Plan of Subdivision 32T-06005 (Victoria Wood Tillsonburg GP Inc.) Eric Gilbert, Senior Planner, County of Oxford, was present to answer questions. Resolution # 2020-163 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council advise Oxford County that the Town supports an extension of draft approval for a plan of subdivision submitted by Victoria Wood Tillsonburg GP Inc., for lands described as Part Lot 7, Concession 12 (Dereham), Town of Tillsonburg, to April 30, 2023, to grant additional time to satisfy the conditions of draft plan approval and register the remaining phases of the draft plan of subdivision. Carried 10. Delegations 11. Deputation(s) on Committee Reports 12. COVID-19 Councillor Gilvesy noted that the local rate of testing appears to be lower than the Provincial average and asked why the Health Unit hasn’t provided a protocol on migrant workers. Mayor Molnar noted that SCOR and the OFA are looking at farmers responsibilities under the Quarantine Act and that he would follow up with the Health Unit on Councillor Gilvesy’s questions. 4 13. Information Items 13.1 Long Point Region Conservation Authority Board of Directors Annual Report 2019 Resolution # 2020-164 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives the Long Point Region Conservation Authority Board of Directors Annual Report 2019, as information. Carried 14. Quarterly Reports 14.1 FIN 20-11 2019 Fourth Quarter Consolidated Financial Results Resolution # 2020-165 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives Report FIN 20-11 2019 Fourth Quarter Consolidated Financial Results, as information Carried 14.2 FIN 20-10 2019 Fourth Quarter Corporate Services Results 14.3 DCS 20-05 Fourth Quarter Economic Development and Marketing Results 14.4 DCS 20-06 2019 Fourth Quarter Building, Planning By-Law, Services Results 14.5 FRS 20-01 Fourth Quarter Fire Services Results 14.6 OPS 20-16 2019 Fourth Quarter Operations Services Results 14.7 RCP 20-15 2019 Fourth Quarter Recreation, Culture and Parks Results Staff noted that the Tillsonburg Community Centre DHW Boiler Replacement project is currently on hold due to the contractor withdrawing from the project. The Town will be required to release a new RFT. 5 Staff noted that the Recreation, Culture and Parks Department review results will be provided to Council on April 27, 2020. Staff noted that the Columnbarium has been shipped and that the delivery date is currently unknown. Resolution # 2020-166 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives the 2019 Fourth Quarter Department Results, as information. Carried 15. Staff Reports 15.1 Chief Administrative Officer 15.2 Clerk's Office 15.2.1 CLK 20-15 COVID-19 Taskforce Staff noted that a member of the communications team and a support clerk would take part in the taskforce. Resolution # 2020-167 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the attached Terms of Reference for the COVID-19 Taskforce be approved and that the following members of Council be appointed to the Taskforce: Deputy Mayor Beres, Councillor Gilvesy and Councillor Rosehart. Carried 15.2.2 CLK 20-16 Delegation By-Law for COVID-19 Resolution # 2020-168 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council approves Delegation of Authority By-Law to include certain provisions for staff during the COVID-19 Pandemic. 6 Defeated 15.3 Development and Communication Services 15.3.1 DCS 20-03 Traffic By-Law Amendment - Yield Signs Geno Vanhaelewyn, Chief Building Official, was present to answer questions. Staff confirmed that if this By-Law is passed all remaining yield signs within the Town will be replaced with stop signs as per advice provided by the Town solicitor. Staff noted that the money to complete the work will come from the Public Works department budget. Resolution # 2020-169 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report DCS 20-03 Traffic By-Law Amendment – Yield Signs as information; AND THAT By-Law 2020-035 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 15.3.2 DCS 20-04 Conveyance of Daffodil Drive and Daisy Court Cephas Panschow, Development Commissioner, was present to answer questions. Resolution # 2020-170 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report DCS 20-04 Conveyance of Daffodil Drive and Daisy Court; AND THAT public roads, Daffodil Drive, described on Plan 41M- 155, and Daisy Court, described on Plan 41M-155, be closed; 7 AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute all documents necessary to transfer the properties known as Daffodil Drive and Daisy Court, Plan 41M-155. Carried 15.4 Finance 15.4.1 FIN 20-08 Borrowing By-Law 2020 Resolution # 2020-171 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2020-033, being a by-law to authorize the borrowing of money to meet current expenditures of the Town of Tillsonburg for the 2020 fiscal year, be brought forward for Council's consideration. Carried 15.4.2 FIN 20-12 2019 Council Remuneration and Expenses Resolution # 2020-172 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report FIN 20-12 2019 Council Remuneration and Expenses be received, as information. Carried 15.4.3 FIN 20-13 Draft Deferred 2020 Capital Summary It was noted that the Police Services Board recommended that the Town defer the OPP parking lot expansion project. Staff noted that if the projects are deferred the money will go into the asset management reserve and that Council has the ability to direct the funds to another project. Resolution # 2020-173 Moved By: Councillor Parker Seconded By: Councillor Esseltine 8 THAT Council receives Report FIN 20-13 for information; AND THAT Council approves the deferral of the recommended projects until they are reviewed again at the end of the current pandemic. Defeated Resolution # 2020-174 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report FIN 20-13 for information. Carried 15.4.4 FIN 20-14 COVID 19 - Tax and Water Wastewater Deferrals Staff noted that the County would be paid as money is collected and that there would be no interest on late payments. Resolution # 2020-175 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report FIN 20-14 COVID 19 – Tax and Water/Wastewater Deferrals, as information; AND THAT Council approves the deferral of the collection of tax and waive interest and penalty for the May 21, 2020 for those taxpayers that can demonstrate a negative impact to their revenue as a result of the COVID 19 pandemic and that this be in effect for a period ending July 31, 2020; AND FURTHER THAT Council approves the deferral of the collection of water and wastewater invoices generated after March 31, 2020 until June 30, 2020 and waive interest and penalty for those taxpayers that can demonstrate a negative impact to their revenue as a result of the COVID 19 pandemic and that this be in effect for a period ending July 31, 2020. Carried 15.4.5 FIN 20-15 Forecast of Operational Impacts On Town Finances 9 Resolution # 2020-176 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report FIN 20-15 Forecast of Operational Impacts on Town Finances from COVID-19, as information. Carried 15.5 Fire and Emergency Services 15.6 Operations 15.6.1 OPS 20-11 Results for RFP 2020-001 Maintenance Hole Assessment Program Resolution # 2020-177 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report OPS 20-11 Results for RFP 2020- 001 Maintenance Hole Assessment Program; AND THAT Council sole source RFP 2020-001 to Andrews Engineering of Etobicoke, ON at a cost of $155,720.27 (net HST included), the only bid received. Carried 15.6.2 OPS 20-12 Results for RFT 2020-008 Supply of Two Mid-Size SUV’s Staff noted that RFT's are performance based and that they are advertised on all of the Town's available channels of communication. Nothing restricts local companies from submitting a bid. Staff noted that purchasing just one vehicle would be a significant change to the request and therefore would require the Town to issue a new RFT. Resolution # 2020-178 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres 10 THAT Council receive Report OPS 20-12 Results for RFT 2020- 008 Supply of Two Mid-Size SUV’s; AND THAT Council award Tender RFT 2020-008 to Blue Mountain Chrysler Ltd. of Collingwood, Ontario at a cost of $64,792.63 (net HST included), the lowest bid received satisfying all Tender requirements. Defeated 15.6.3 OPS 20-13 Results for RFP 2020-002 Loader Backhoe Resolution # 2020-179 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive Report OPS 20-13 Results for RFP 2020- 002 Loader Backhoe; AND THAT Council award Tender RFT 2020-002 to Brandt Tractor Ltd. of London, Ontario at a cost of $162,205.44 (net HST included), the highest scoring proposal received. Carried 15.6.4 OPS 20-14 Hangar No. 5 Land Lease Resolution # 2020-180 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report OPS 20-14 shared Hanger No. 5 Land Lease; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and 1467246 Ontario Inc. for the northerly portion of shared Hanger No. 5 be approved for assignment to Robert L.D. Bennett; AND THAT the Mayor and Clerk be authorized to execute the Land Lease Assignment with 1467246 Ontario Inc. and Robert L.D. Bennett; AND THAT Council approves the termination of the recently assigned Land Lease Agreement between the Corporation of the 11 Town of Tillsonburg and Robert L.D. Bennett for the northerly portion of shared Hanger No. 5; AND FURTHER THAT a By-law authorizing Mayor and Clerk to execute a new Hangar Land Lease Agreement with Robert L.D. Bennett for the northerly portion of shared Hanger No. 5 be brought forward for Council consideration. Carried 15.6.5 OPS 20-15 Curbside Collection Schedule Changes Resolution # 2020-181 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive Report OPS 20-15 Curbside Collection Schedule Changes, as information; AND FURTHER that council of Town of Tillsonburg share with the County of Oxford their disappointment that the Town of Tillsonburg has been divided into two separate pick up dates with regards to pickup of waste and recycling; AND FURTHER THAT the Town of Tillsonburg is disappointed in the reduction of annual funding toward the operation of the Tillsonburg transfer station. Carried 15.6.6 OPS 20-17 Municipal Linear Construction Project Status during COVID-19 Resolution # 2020-182 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive Report OPS 20-17 Municipal Linear Construction Project Status during COVID-19; AND THAT the Concession Street West Urbanization, Asphalt and Concrete Program, Oxford and Simcoe St. Rehabilitation, Rouse Street Sanitary Installation, Langrell Watermain Looping and 12 Rolling Meadows Phase 1 of 2 Reconstruction are deemed as critical linear construction projects; AND FURTHER THAT Council temporarily suspend the commencement of municipal linear construction projects until May 4th 2020. Carried 15.7 Recreation, Culture & Park Services 15.7.1 RCP 20-10 Adding Key Service Areas to Emergency Power at TCC Resolution # 2020-183 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 20-10 Adding Key Service Areas to Emergency Power at TCC, as information; AND THAT staff are authorized to implement electrical rewiring at the Tillsonburg Community Centre to add key service areas to t he emergency power circuits; AND THAT up to $8,000 for this work be drawn from the Facility Infrastructure Reserve. Carried 15.7.2 RCP 20-11 TMLA F.A.R.E. Fundraiser Final Report Staff noted that the difference between the number of VIP tickets sold and the revenue number is a result of some VIP tickets being given away through radio or sponsors. Resolution # 2020-184 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 20-11 TMLA F.A.R.E. Fundraiser Final Report, as information. Carried 13 15.7.3 RCP 20-12 Results for RFT 2020-002 OPP and Memorial Park Parking Lot Expansions Staff noted that work to formalize the access and provide additional parking to the Sam Lamb Diamond was included in the bid amount, however staff would not recommend this portion of the project to be completed. Staff noted that the CDJL bills to date for the design of this project is currently under $8,000. Staff to provide options for rehabilitation of the OPP parking lot and a new RFT for the Memorial Park parking lot expansion project. Resolution # 2020-185 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report RCP 20-12 Results for RFT 2020- 002 OPP and Memorial Park Parking Lot Expansions; AND THAT Council cancel RFT 2020-022 and other options be brought forward by staff. Carried 15.7.4 RCP 20-13 January-March 2020 RCP Activity Reports Resolution # 2020-186 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report RCP 20-13 January-March RCP Activity Report, as information. Carried 15.7.5 RCP 20-14 Awarding RFP 2020-01 Concession Lease Staff noted that a scoring matrix was used to evaluate the proposals and that the vendor is committed to have local management. 14 Staff noted that the contract would begin on August 1, 2020 and that there would be no charges until services resume at the Community Centre. Resolution # 2020-187 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report RCP 20-14 Awarding RFQ 2020- 001 Concession Lease; AND THAT the lease for the concession at the Tillsonburg Community Centre be awarded to Dobro Jesti Inc. (Caledonia) for the term of August 1, 2020 through April 30, 2023, at the annualized rate of $5,600.00 plus HST; AND THAT a By-law is brought forward for approval once the contract is signed. Carried 16. New Business 17. Consideration of Committee Minutes 17.1 Committee Minutes 18. Motions/Notice of Motions Resolution # 2020-188 Moved By: Councillor Gilvesy Seconded By: Councillor Parker WHEREAS the Federal Government passed legislation to approve a Carbon Tax to help mitigate Green Gas Emissions; AND WHEREAS the COVID-19 pandemic has changed the immediate focus of Canadians from Climate Change to Financial Sustainability; THAT The Town of Tillsonburg request Prime Minister Justin Trudeau to roll back the $10 per tonne or 50% increase in the carbon tax which came into effect on April 1st, 2020; AND THAT This tax increase applies increased financial pressures on businesses, citizens and industry already being crippled by the hardships of the 15 COVID-19 virus which include but are not limited to: massive layoffs, shuttered businesses, health problems, fear, anxiety and undue amounts of pressure; AND THAT the local governments who represent the very heart and soul of our small communities bring forth the message from our ratepayers and reach out to our Federal Counterparts so that their voices can be heard; AND THAT this resolution be sent to Prime Minister Justin Trudeau, the appropriate Federal Ministry or Ministries, our local MP and all Ontario Municipalities; AND FURTHER THAT this resolution be shared with all neighbouring communities with the request to support the resolution put forth from the Town of Tillsonburg. Carried 19. Resolutions/Resolutions Resulting from Closed Session 20. By-Laws 20.1 By-Law 2020-032, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-20-4) 20.2 By-Law 2020-033, To authorize the borrowing of money during the Fiscal Year Ending December 31, 2020 20.3 By-Law 2020-035, To amend By-Law 3701 (Traffic By-Law) 20.4 By-Law 2020-037, To Authorize an Airport Hanger Land Lease Agreement with Robert L.D. Bennett 20.5 By-Law 2020-038, To delegate various powers and duties to the Mayor and CAO of the Town of Tillsonburg in response to the COVID- 19 pandemic (Withdrawn) Resolution # 2020-189 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 2020-032, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-20-4); and By-Law 2020-033, To authorize the borrowing of money during the Fiscal Year Ending December 31, 2020; and By-Law 2020-035, To amend By-Law 3701 (Traffic By-Law); and 16 By-Law 2020-037, To Authorize an Airport Hanger Land Lease Agreement with Robert L.D. Bennett, 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 20.6 By-Law 2020-036, To Authorize an Agreement of Purchase and Sale Staff noted that the Town would utilize construction financing over a five year period followed by a long term debt. A portion of the lands is available for sale and recovery. Resolution # 2020-190 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT By-Law 2020-036, To Authorize an Agreement of Purchase and Sale, 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. Confirm Proceedings By-law Resolution # 2020-191 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 2020-028, to Confirm the Proceedings of the Council Meeting held on April 14, 2020, 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. Items of Public Interest The next regular Council meeting will be held on Monday, April 27, 2020 at 6:00 p.m. via video conference. 23. Adjournment 17 Resolution # 2020-192 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Council Meeting of Tuesday, April 14, 2020 be adjourned at 9:57 p.m. Carried