210412 Council MIN 1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, April 12, 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
Paul Groeneveld, Acting Fire Chief
Chris Baird, Director of Recreation, Culture and Parks
Carlos Reyes, Director of Operations and Development
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 # 2021-157
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
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THAT Council move into Closed Session to consider advice that is subject to
solicitor-client privilege, including communications necessary for that purpose
and 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) (f) advice that is subject to solicitor-client privilege,
including communications necessary for that purpose;
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 # 2021-158
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Agenda as prepared for the Council meeting of April 12, 2021, with
item 15.2.1 (CS 21-17) being dealt with prior to item 11, be approved.
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 # 2021-159
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the minutes of the Council meeting held on March 22, 2021, be approved.
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Carried
7. Presentations
8. Public Meetings
9. Planning Reports
10. Delegations
10.1 Carlotta James Re: The Monarch Ultra Relay Run
Carlotta James appeared before Council to share information on the
Monarch Ultra Relay Run. Katherine Balpataky was also present.
The Monarch Ultra Relay Run is a 21 day running event to encourage
action to protect monarchs and other pollinators whose populations are in
steep decline. The team plans on running through the Town of Tillsonburg
on Monday, October 4, 2021.
Opportunity was provided for comments and questions from Council.
Resolution # 2021-160
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT the delegation from Carlotta James regarding The Monarch Ultra
Relay Run be received as information;
AND THAT future communication with the Town be directed to the Town's
Communication Officer who will relay to Town committees for information.
Carried
10.2 South-West Oxford Re: Proposal to Extend Fibre Networks to
Tillsonburg Regional Airport in 2022
David Mayberry, Mayor and Mary Ellen Greb, Chief Administrative Officer
appeared before Council to present proposal to extend fibre networks to
Tillsonburg Regional Airport in 2022.
Opportunity was provided for comments and questions from Council.
The Tillsonburg Airport Advisory Committee was made aware of the
proposal at their March meeting; the Committee was not interested in the
proposal and asked that the current tenants be asked if they are interested
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in fibre via a survey. Staff have only received three responses at this time
and each respondent has indicated they are not interested in fibre.
It was noted that the monies for the project would be required in 2022 and
that an agreement would be required with South -West Oxford.
Resolution # 2021-161
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the delegation from South-West Oxford regarding a proposal to
extend fibre networks to Tillsonburg Regional Airport in 2022 be received
as information;
AND THAT Council support the Town's share of the financial contribution.
Carried
10.3 Request to repeal designating By-Law 3852 (Rolph Street Public
School)
Andrew Teeple, Athon Construction and Development Corporation
representing Oxford Lofts Inc. appeared before Council to present the
owner's request to repeal designating By-Law 3852.
Mr. Teeple provided reasoning for the request and proposed that should
the by-law be repealed, the owner would amend the site plan agreement
to include detailed elevation drawings, as well as provide $50,000 in
security to the Town.
Opportunity was provided for comments and questions from Council.
Mr. Teeple indicated the cost to insure the property if it was not
designated would be one-third of the current cost.
Resolution # 2021-162
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT the delegation from Andrew Teeple regarding a request to repeal
designating By-Law 3852 (Rolph Street Public School) be received as
information;
AND THAT this information be referred to item 15.2.1 staff report CS 21-
17, for consideration.
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Carried
Item 15.2.1 was dealt with next.
11. Deputation(s) on Committee Reports
12. COVID-19
The Mayor shared information on current local restrictions, vaccination updates
and available resources.
Councillor Parker asked if the Southwestern Public Health Unit can better
communicate when there are no vaccination appointments available.
13. Information Items
13.1 Ontario Recreation Facilities Association Re: Open Letter to ORFA
Members and Industry Employers
13.2 Solicitor General Re: Ontario Provincial Police (OPP) detachment
boards
13.3 Ministry of Finance Re: Ontario Cannabis Legalization
Implementation Fund
13.4 Long Point Region Conservation Authority (LPRCA) Re: 2020 LPRCA
Financial Statements and Annual Report
Staff noted that the proposal for the Ontario Provincial Police (OPP)
detachment board is intended to be for Oxford County but that there is
opportunity for the Town to submit their own proposal or partner with
another municipality for a proposal. Council will make the decision on what
proposal to submit.
Resolution # 2021-164
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT Council receive the correspondence from the Ontario Recreation
Facilities Association dated March 19, 2021, the correspondence from the
Solicitor General dated March 18, 2021, the correspondence from the
Ministry of Finance dated March 29, 2021, and the correspondence from
the Long Point Region Conservation Authority dated March 16, 2021, as
information.
AND THAT the correspondence from the Solicitor General regarding the
Ontario Police Board makeup be sent to the Tillsonburg Police Services
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Board (PSB) and that any feedback or comments from the PSB be
brought back to Council as soon as possible.
Carried
14. Quarterly Reports
14.1 FIN 21-09 2020 Fourth Quarter Consolidated Financial Results
Resolution # 2021-165
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council receives report FIN 21-09 2020 Fourth Quarter
Consolidated Financial results as information.
Carried
14.2 FIN 21-10 2020 Fourth Quarter Corporate Services Results
14.3 EDM 21-14 2020 Fourth Quarter Economic Development and
Marketing Results
14.4 FRS 21-04 2020 Fourth Quarter Fire Services Results
14.5 OPD 21-14 2020 Fourth Quarter Operations and Development
Department Results
14.6 OPD 21-16 2020 Fourth Quarter Building, Planning and By-Law
Services Results
14.7 RCP 21-08 2020 Fourth Quarter Recreation, Culture and Parks
Results
Staff noted that the "Equipment Maintenance contract over $34,400 -
Dispatch" monies were not accounted for in an agreement for the
provision of fire communication services and were required to update
systems on both ends to provide service.
Resolution # 2021-166
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives the 2020 Fourth Quarter Department Results, as
information;
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AND THAT the cumulative 2020 RCP Capital shortfall of $67,872.02 be
funded from the RCP reserve.
Carried
15. Staff Reports
15.1 Chief Administrative Officer
15.1.1 CAO 21-04 Establishment of Subcommittees: Affordable
Housing and Boundary Adjustment
Resolution # 2021-167
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
THAT Council receives report CAO 21-04 Establishment of
Subcommittees: Affordable Housing and Boundary Adjustment;
AND THAT staff be directed to proceed with establishing the
Affordable Housing Committee of Council following option 2 with
the Council appointed representative(s) Councillor Parker and
Councillor Esseltine;
AND FURTHER THAT staff be directed to proceed with
establishing the Boundary Adjustment Committee of Council
following option 2 with the Council appointed representative(s)
Councillor Parker and Deputy Mayor Beres;
AND FURTHER THAT Council supports the Terms of Reference
provided for each subcommittee.
Carried
15.2 Corporate Services
15.2.1 CS 21-17 Request to repeal designating By-Law 3852, owner’s
initiative (Rolph Street Public School)
Staff noted that typically monies held in security are refundable.
Staff would work with the property owner to amend the site plan
agreement and obtain the security money.
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Resolution # 2021-163
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council consents to the application under Section 32 of the
Ontario Heritage Act to repeal By-Law 3852 (83 Rolph Street,
Rolph Street Public School);
AND THAT the applicant amend the site plan agreement to include
all heritage attributes, as well as require $50,000 in security to be
provided to the Town.
Carried
Item 11 was dealt with next.
15.3 Economic Development
15.3.1 EDM 21-07 Offers to Purchase - Walkway between Woodland
Crescent and Trillium Drive
Resolution # 2021-168
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives report EDM 21-07 Offers to Purchase –
Walkway between Woodland Crescent and Trillium Drive;
AND THAT a By-Law be brought forward to authorize the Mayor
and Clerk to enter into an agreement of purchase and sale with
John Peters for the property described as the East part of Block 88,
Plan 41M-139, and to be described by a new reference plan;
AND THAT a By-Law be brought forward to authorize the Mayor
and Clerk to enter into an agreement of purchase and sale with
Margarita Janzen for the property described as the West part of
Block 88, Plan 41M-139, and to be described by a new reference
plan.
Carried
15.3.2 EDM 21-08 Highway 3 and Clearview Drive Intersection Final
Project Funding
Staff noted that Project 808 (SWM Facility) is nearing completion.
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There is potential that Project 813 (Highway 3 Widening) could go
over budget.
Resolution # 2021-169
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives report EDM 21-08 Highway 3 and
Clearview Drive Intersection Final Project Funding;
AND THAT $127,000 in funding from the Economic Development
Reserve be re-allocated from Project 808 (SWM Facility) to Project
813 (Highway 3 Widening);
AND THAT the balance of the Economic Development Reserve of
$87,660 be utilized towards Project 813 (Highway 3 Widening);
AND THAT the remaining project budget shortfall of $95,399 be
temporarily funded from the Tax Rate Stabilization Reserve to be
reimbursed by 2021 revenue from the Economic Development
Reserve.
Carried
15.3.3 EDM 21-09 Surplus Land Declaration - Alleyway between
Charles St and Nelson St
Staff were asked to provide an overview of next steps in
accordance with land disposition by-law.
Resolution # 2021-170
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives report EDM 21-09 Surplus Land Declaration
– Alleyway between Charles Street and Nelson Street;
AND THAT the Alleyway property, located between Charles Street
and Nelson Street, be declared surplus to the needs of the Town of
Tillsonburg in accordance with By-Law 2021-031 (land disposition)
including suitable notification to the public.
Carried
15.3.4 EDM 21-10 Surplus Land Declaration – Portion of Pine Alley
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Resolution # 2021-171
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives report EDM 21-10 Surplus Land Declaration
– Portion of Pine Alley;
AND THAT the portion of Pine Alley located East of Ball Street,
described as Part 1, Plan 41R-7220, be declared surplus to the
needs of the Town of Tillsonburg in accordance with Bylaw 2021-
031 (land disposition) including suitable notification to the public.
Carried
15.3.5 EDM 21-11 Industrial Land Lease for Agricultural Purposes
Resolution # 2021-172
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
THAT Council receives report EDM 21-11 Industrial Land Lease for
Agricultural Purposes;
AND THAT a By-Law be brought forward to authorize the Mayor
and Clerk to enter into a lease agreement with VanQuaethem
Farms Ltd for the lands described as:
Part of Lots 3 and 4, Concession 5 NTR Middleton, and more
particularly described as Part 2, Plan 37R-283 and Parts 10 and 11,
Plan 41R-10104, comprising approximately 73 acres of farmable
land; and,
Lands located on the east side of Highway 19 (Vienna Road),
legally described as part of Lots 8 and 9, Concession 4, NTR, and
more particularly described as Lots 1613 and 1638B, Plan 500,
comprising of approximately 17 acres of farmable lands.
Carried
15.3.6 EDM 21-12 Offer to Purchase - Lot 7, Van Norman Innovation
Park
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Resolution # 2021-173
Moved By: Deputy Mayor Beres
Seconded By: Councillor Esseltine
THAT Council receives report EDM 21-12 Offer to Purchase – Lot
7, Van Norman Innovation Park;
AND THAT a By-Law be brought forward to authorize the Mayor
and Clerk to enter into an agreement of purchase and sale with
2670309 Ontario Inc for the property described as Lot 7 in the Van
Norman Innovation Park.
Carried
15.3.7 EDM 21-13 Surplus Land Declaration - Ravine Lands West of
Borden Crescent
It was asked if this land would have higher value if a development
is approved on adjacent property.
Staff noted that the zoning on these lands would not change which
means it cannot be developed so the value should not change.
Staff noted that this report is in response to a request from a
developer.
Resolution # 2021-174
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT Council receives report EDM 21-13 Surplus Land Declaration
– Ravine Lands West of Borden Crescent;
AND THAT the ravine lands west of the Borden Crescent right of
way, described as Parts 1, 2, 3 and 4, Plan 41R-8799, be declared
surplus to the needs of the Town of Tillsonburg in accordance with
By-Law 2021-031 (land disposition) including suitable notification to
the public.
Carried
15.4 Finance
15.4.1 FIN 21-11 BIA Levy Assessment and Write-Off Policy
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The mover indicated the intent of the motion is that all expenses
associated to notification be incurred by the Tillsonburg BIA.
Staff noted that the by-law would stipulate the proposed maximum
charge of 43% as well as a minimum charge. Staff explained the
notice requirements and appeal period under the Municipal Act for
passing such a by-law.
It was asked if staff can provide a report to accompany the by-law.
Resolution # 2021-175
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT Council receives report FIN 21-11 2020 BIA Levy
Assessment and Write-Off Policy as information;
AND THAT staff proceed with establishing a maximum charge of
43% of the BIA annual levy to properties known as 164, 170, 200
and 248 Broadway with costs for postage, envelopes and
applicable staff time being charged back to the BIA.
AND THAT staff take no further action in regards to the tax write off
policy.
Carried
15.5 Fire and Emergency Services
15.5.1 FRS 21-02 Open-Air Burning By-Law
Staff explained that if the Fire Chief or Deputy are not available to
respond to a call about recreational fires then a platoon is sent.
The educational brochure will be finalized soon and shared via the
Town's social media platforms. Staff to explore mail distribution
option.
Staff explained that open air burning encompasses all burning,
including recreational burning. Only recreational burning is
permitted in residential zones and does not require permits.
Resolution # 2021-176
Moved By: Councillor Luciani
Seconded By: Councillor Parker
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THAT staff report FRS 21-02 Open-Air Burning By-Law be received
for information;
AND THAT Staff be directed to implement Option 2 to promote
safe open-air burning practices in the Town:
Update Recreational Fires Brochure
Distribute Brochure annually with February tax bills
Create fire safety messaging plan for open air burning and for
distribution of information utilizing the following communications
avenues; fire station and Towns signs, and fire services and
Town social media outlets
Amend rates and fees by-law to include educational
enforcement (written warning/letter) for first offence under By-
law, and a fee (as per current fee) for a second and any
additional offences under the By-law at the current rate in Fees
By-law
Introduce fire services SOG for response to, investigation and
enforcement of open-air burning complaints
Carried
15.5.2 FRS 21-03 Fire Safety Grant
Resolution # 2021-177
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT staff be directed to implement the projects as outlined in the
OFMEM Fire Safety Grant Application, as approved by the
OFMEM.
Carried
15.6 Operations and Development
15.6.1 OPD 21-12 Results for RFT 2021-001 Vienna Road (HWY 19)
Asphalt Rehabilitation
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Resolution # 2021-178
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives report OPS 21-12, Results for RFT 2021-
001 Vienna Road (HWY 19) Asphalt Rehabilitation as information;
AND THAT Council awards Tender RFT 2021-001 to J-AAR
Excavating Limited of London, ON at a cost of $968,968.52 (net
HST included), the lowest bid received satisfying all Tender
requirements.
Carried
15.6.2 OPD 21-13 Results for RFT 2021-002 Asphalt and Concrete
Maintenance Program
Resolution # 2021-179
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives report OPS 21-13, Results for RFT 2021-
002 Asphalt and Concrete Maintenance Program as information;
AND THAT Council awards Tender RFT 2021-002 to Permanent
Paving of Woodstock, ON at a cost of $434,844.70 (net HST
included), the lowest bid received satisfying all Tender
requirements.
Carried
15.6.3 OPD 21-15 O.Reg 588/17 Asset Management Planning for
Municipal Infrastructure regulation amendment
Resolution # 2021-180
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT report OPD 21-15 O.Reg 588/17 Asset Management
Planning for Municipal Infrastructure regulation amendment be
received as information.
Carried
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15.7 Recreation, Culture and Parks
15.7.1 RCP 21-10 Annandale Marketing and Promotion Delivery
Strategy 2021
Staff noted that the proposed strategy has been shared with the
Museum Advisory Committee and it will be presented to the
Committee at their next meeting.
Staff noted the Museum has secured the required digital equipment
to begin work.
Resolution # 2021-181
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT report RCP 21-10 Annandale Marketing and Promotion
Delivery Strategy 2021, be received as information;
AND THAT staff be directed to incorporate the report
recommendations into current marketing and promotional strategies
and future Business Plans.
Carried
16. New Business
17. Consideration of Committee Minutes
17.1 Committee Minutes
Staff provided an update regarding the Healthy Communities Initiative
Funding Application; a response is expected in the next two months.
Staff provided an updated regarding upcoming tree planting in Memorial
Park.
Resolution # 2021-182
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives the Memorial Park Revitalization Advisory
Committee minutes dated March 17, 2021, as information.
Carried
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17.2 Long Point Region Conservation Authority Minutes
Resolution # 2021-183
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive the Long Point Region Conservation Authority
Minutes dated December 2, 2020 and March 5, 2021, as information.
Carried
18. Motions/Notice of Motions
The mover indicated the intent of the motion is to require the site plan for the
entire development to be brought forward.
Resolution # 2021-184
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
THAT the site plan for the Rokeby Road development be provided to Council for
approval.
Carried
19. Resolutions/Resolutions Resulting from Closed Session
20. By-Laws
20.1 By-Law 2021-041 to authorize an agreement of purchase and sale
with John Peters
20.2 By-Law 2021-042 to authorize an agreement of purchase and sale
with Margarita Janzen
20.3 By-Law 2021-043 to enter into a land lease agreement with
VanQuaethem Farms
20.4 By-Law 2021-044 to authorize an agreement of purchase and sale
with 2670309 Ontario Inc
Resolution # 2021-185
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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THAT By-Law 2021-041 to authorize an agreement of purchase and sale
with John Peters; and
By-Law 2021-042 to authorize an agreement of purchase and sale with
Margarita Janzen; and
By-Law 2021-043 to enter into a land lease agreement with VanQuaethem
Farms; and
By-Law 2021-044 to authorize an agreement of purchase and sale with
2670309 Ontario Inc, 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 # 2021-186
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 2021-040, to Confirm the Proceedings of the Council meeting held
on April 12, 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
22. Items of Public Interest
Upcoming Council meetings include:
Monday, April 19, 2021 at 4:30 p.m. for the purpose of holding public
meetings for planning applications.
Monday, April 26, 2021 at 6:00 p.m. regular meeting.
23. Adjournment
Resolution # 2021-187
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Council meeting of April 12, 2021 be adjourned at 9:44 p.m.
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Carried