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210222 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, February 22, 2021 4:30 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, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Brad Lemaich, Fire Chief Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session (4:30 p.m.) Resolution # 2021-085 Moved By: Councillor Parker Seconded By: Councillor Esseltine 2 THAT Council move into Closed Session to consider personal matters about identifiable individuals, including municipal or local board employees and to consider a proposed or pending acquisition or disposition of land by the municipality or local board. Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2021-086 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of February 22, 2021, be approved. Carried 4. Moment of Silence Council recognized the passing of former Fire Chief Terry Saelens and paid condolences to his family. 5. Disclosures of Pecuniary Interest and the General Nature Thereof Prior to the consideration of agenda item 19.1, Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 19.1 (first listed by-law) in open session with the reason being that the zoning by-law pertains to property owned by her husband. 3 No other disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2021-087 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the minutes of the regular Council meeting held on February 8, 2021, and the minutes of the Special Council meeting held on February 16, 2021, be approved. Carried 7. Presentations 8. Public Meetings 8.1 Public Meeting - 2021 Development Charges Update Study Sean-Michael Stephen, Watson & Associates, was present to provide an overview of the presentation. Opportunity was provided for comments and questions from Council. It was asked how the upper tier versus lower tier charges are determined and why there is variation between the lower tier municipalities in Oxford County. Mr. Stephen confirmed the County conducts an independent process to determine the charges; each lower tier is evaluated separately. Mr. Stephen noted that in consultation with County and Town staff it is recommended that all area municipalities have the same implementation date of April 1, 2021. It was asked if community organizations such as the BIA or Chamber of Commerce were provided notice of the public meeting. There was discussion regarding the current exemption process for affordable housing and possible assistance for non-profit housing. Staff noted that notice was posted on the Town website and shared with the Town's Economic Development Advisory Committee. Staff suggested that a report could be provided regarding the indexing and inflation factor. 4 Resolution # 2021-088 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives the presentation by Watson & Associates regarding the 2021 development charges update study, as information; AND THAT staff bring forward a report on March 8, 2021, that reviews the Watson and Associates development charges update study and that the study be circulated to our local committees. Carried 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 12. COVID-19 The Mayor shared information on current local restrictions and available resources. 13. Information Items 13.1 Town of Ingersoll Resolution Re: County Council Resolution # 2021-089 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from the Town of Ingersoll dated February 8, 2021, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-03 County Composition Consideration There was discussion regarding the potential for a weighted voting mechanism to create confusion. Some members felt it would be ideal if there could be a second member of Council as opposed to one member of Council with two votes. 5 Staff provided further clarification on the three part majority required to approve such a system. Resolution # 2021-090 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Council approves the restructuring of Oxford County Council utilizing a weighted voting mechanism based on a minimum of one vote per municipality for any number of electors up to 6,000 and an additional vote for every 6,000 electors thereafter; AND FURTHER THAT the metric to be used shall be the total number of eligible electors following each regularly scheduled election and that this weighting shall remain until the next regularly scheduled election; AND FURTHER THAT the distribution of weights be split equally where the area municipality has more than one representative at County Council; AND FURTHER THAT the proposal be circulated to the seven other municipalities and Oxford County for consideration of a restructured County Council. Carried 14.2 Corporate Services 14.2.1 CS 21-07 SCOR Appointments Resolution # 2021-091 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Transit Co-ordinator, be appointed as the Town’s representative on the Technical Committee; AND THAT Carlos Reyes, Director of Operations and Development, be appointed as the Town’s representative on the Executive Committee. Carried 14.2.2 CS 21-08 Outdoor Patios 6 It was asked if patios will be allowed past November 1. Staff noted this could be considered and that a permeant program is being developed for Council's consideration at a future date. It was asked what infrastructure changes on Broadway the staff report refers to. Staff noted that when the Town considers improvements to Broadway in the future, consideration could be given to installing infrastructure to help facilitate these patios. Resolution # 2021-092 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council supports the extension of the Pilot Program for Outdoor Patios on Municipal Property through the Encroachment By-Law Process; AND THAT all fees and charges be temporarily waived for restaurants choosing to use municipal property in 2021. Carried 14.2.3 CS 21-09 Accessibility Status Update 2020 It was asked if staff were made aware of a concern with water pooling on the new rubber mats on the Kinsmen Pedestrian Bridge. Staff confirmed this concern was identified within the first week after installation and the issue was corrected the same week. Staff will be reporting on the costs of the upgrades to the bridge surface and alternatives for consideration. It was asked if there will be air circulation under the rubber mats to ensure the wood does not rot. Staff confirmed this information will be included in the report. Resolution # 2021-093 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the accessibility status update 2020, as information. Carried 7 14.3 Economic Development 14.3.1 EDM 21-05 RFP 2021-002 Tree Removal Services Council received the attached correspondence from concerned citizens regarding this item. It was asked if there are any concerns regarding diverting water and if the LPRCA was consulted. Staff noted there is a municipal drain on the property to drain water, there are no water issues anticipated. A storm water management report will be completed through the site plan process. Resolution # 2021-094 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive report EDM 21-05 RFP 2021-002 Tree Removal Services; AND THAT Council award RFP 2021-002 to Beaver Brook Tree Service of Parkhill, ON at a cost of $129,000 (not including net HST) - the lowest bid received satisfying all Tender requirements. Carried 14.4 Finance 14.4.1 FIN 21-07 US Bank Procurement Card Rebate Program It was asked why there was a decline in procurement card use. Staff noted that due to the pandemic certain expenditures were decreased in 2020 resulting in less procurement card use. Resolution # 2021-095 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council authorizes the Mayor and Treasurer to sign the U.S. Bank Canada Procurement Card Application Amendment including any required associated documents for the purposes of enrolling the Town of Tillsonburg in the Rebate Program. Carried 8 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 21-03 TGO Intown Route Improvement It was asked why one quadrant of the Town has no bus service and if this area will be considered for inclusion in the future. Staff to provide information regarding this topic at the next meeting. Resolution # 2021-096 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives report OPD 21-03 T:GO Intown Route Expansion; AND THAT a bus stop be added in front of the library on Broadway Street; AND THAT the Intown bus route be expanded to include this bus stop. Carried 14.6.2 OPD 21-04 2020 to 2021 Gas Tax Program Resolution # 2021-097 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT a By-Law be brought forward to authorize the Mayor and Clerk to sign the Letter of Agreement with the Province of Ontario for the Dedicated Gas Tax Funds for Public Transportation Program. Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 21-05 Award of Contract - Optimist Park Playground It was asked what happens with old playground equipment. Staff noted that typically playground equipment is replaced when it is past its life expectancy and/or in dangerous condition; when possible equipment would be re-deployed to another playground. 9 The Town utilizes a company that removes old playground equipment at no cost and re-purposes the equipment. It was suggested that the Town should consider donating old playground equipment to a Co-op Housing property in Town. Staff can explore this option. Staff noted that there will be $6,500 in savings that can be used to refresh park benches or contribute to the purchase of a wheelchair swing. Resolution # 2021-098 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report RCP 21-05 Award of Contract – Optimist Park Playground, as information; AND THAT Council award the RFP Contract to Openspace Solutions Inc., Wellesley, Ontario for $67,295.00, exclusive of applicable taxes. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2021-099 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the Culture, Heritage and Special Awards Committee minutes dated February 3, 2021 and the Tillsonburg Airport Advisory Committee minutes dated January 21, 2021, as information. Carried 16.2 Long Point Region Conservation Authority Board Resolution # 2021-100 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 10 THAT the Long Point Region Conservation Authority Board Minutes dated January 13, 2021, be received as information. Carried 17. Motions/Notice of Motions 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 19.1 (first listed by-law) in open session with the reason being that the zoning by-law pertains to property owned by her husband. Councillor Gilvesy abstained from all discussion and voting on the item. 19.1 By-Law 2021-027, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-19) 19.2 By-Law 2021-028, to authorize an agreement with the Province for Dedicated Gas Tax Funds for Public Transportation Program Resolution # 2021-101 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT By-Law 2021-027, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-19); and By-Law 2021-028, to authorize an agreement with the Province for Dedicated Gas Tax Funds for Public Transportation Program, 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 # 2021-102 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 11 THAT By-Law 2021-026, to Confirm the Proceedings of the Council meeting held on February 22, 2021, 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 Staff indicated the John Pound Road construction project is expected to be completed mid-March according to the recent update from the County. The Mayor provided an update on COVID-19 vaccinations. The next regular meeting of Council is scheduled for Monday, March 8, 2021 at 6:00 p.m. 22. Adjournment Resolution # 2021-103 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council meeting of February 22, 2021 be adjourned at 7:48 p.m. Carried