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220328 Council Planning Meeting Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, March 28, 2022 5:00 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, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Shane Caskanette, Fire Chief Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Ann Wright, Records and Legislative Coordinator Eric Gilbert, Senior Planner Richard Sparham, Manager of Public Works _____________________________________________________________________ 1. Call to Order Mayor Molnar called the meeting to order at 5:00 p.m. 2. Closed Session Resolution # 2022-111 2 Moved By: Deputy Mayor Beres Seconded By: Councillor Gilvesy THAT Council move into Closed Session to consider two matters of a proposed or pending acquisition or disposition of land by the municipality or local board under section 239 (2) (c) of the Municipal Act. Carried 2.1 Adoption of the 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) (c) a proposed or pending acquisition or disposition of land by the municipality or local board. 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board. 3. Adoption of Agenda Resolution # 2022-012 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of March 28, 2022, with items under the Public Meeting Section being dealt with immediately following item 7, be approved. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2022-113 Moved By: Councillor Rosehart Seconded By: Councillor Parker 3 THAT the minutes of the Planning Council meeting held on February 22, 2022 and the Regular Council meeting held on March 14, 2022, be approved. Carried 7. Presentations 7.1 Ontario Federation of Agriculture - Home Grown Campaign Farmland Preservation Presenters: Tracey Arts, the Regional Director for Zone 4 with Ontario Federation of Agriculture, Laura Fraser, Member Service Representative for Zone 4 with Ontario Federation of Agriculture and Henk Van Roekel- Vice-President at Oxford County Federation of Agriculture. The Federation provided a power point presentation regarding their Home Gown Campaign on Farmland Preservation. There was general discussion regarding the current housing shortages as well. Resolution # 2022-114 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the presentation from Ontario Federation of Agriculture entitled Home Grown Campaign Farmland Preservation be received as information. Carried 7.2 Oxford County - Water/ Wastewater Service Delivery Review Presenters: David Simpson Oxford County Director of Public Works, Andrea Clemencio of GM BluePlan Engineering Ltd., and Jim Harnum of Municipal VU Consulting Inc. Council asked questions regarding the information contained in the presentation. Resolution # 2022-115 Moved By: Councillor Gilvesy Seconded By: Councillor Parker 4 THAT the presentation from Oxford County regarding Joint Water & Wasterwater Service Delivery Review Overview be received as information; AND THAT staff be directed to prepare a report for Council to be brought back no later than the first meeting in May recognizing the time sensitivity of this issue with regards to the following; • Financial cost to the Town if Option A gets adopted by County Council which should include severances and job losses • If Option A as recommended in this presentation is adopted by County Council, how would it affect the local water and waste water rates? • Staff recommendations on preferred option outlining pros and cons of options including status quo • If Option A is adopted by County Council, how will local service levels be affected? Carried 8. Public Meetings Resolution # 2022-116 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04 p.m. Carried 8.1 Minor Variance Application A 04-22 (51 Fairs Cres.) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the application be approved. Opportunity was provided for comments and questions from Council. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-117 5 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the Tillsonburg Committee of Adjustment approves Minor Variance application File A 04-22, submitted by Robert Wilmott, for lands described as Part Lot 33, Lot 34 Plan 41M-182, Parts 12 & 13, 41R-7077 Town of Tillsonburg, as it relates to: 1. Relief from Table 5.37.1: Permitted Projections Into Required Yards – Minimum Setback Between Projection and Lot Line, to decrease the minimum required setback from 3.0 m (9.8 ft) to 2.7 m (8.9 ft); 2. Relief of Section 7.5.5.2.12.1 – R2-5 Zone - Porch, Balcony, Deck and Step Encroachments into Required Yards – to increase the maximum permitted projection of an uncovered deck into the rear yard from 3 m (9.8 ft) to 4.3 m (14.1 ft). Subject to the following condition: i) A building permit for the proposed deck shall be issued within one year of the date of the Committee's decision. Carried 8.2 Minor Variance Application A 05-22 (7 Brookside Lane) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the application be approved. Opportunity was provided for comments and questions from Council. Applicant Evan Prouse was in attendance and was in agreement of the Planning report and recommendation. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-118 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Town of Tillsonburg Committee of Adjustment approves the Minor Variance application File A 05-22 submitted by Evan Prouse, for lands described as Lot 63, Plan 41M-218, Town of Tillsonburg, as it relates to: 6 1. Relief from Section 6.2, Zone Provisions - Table 6.2: R1 Zone Provisions - Exterior Side Yard, Minimum Width, to decrease the minimum required exterior side yard width from 7.5 m (24.6 ft) to 3.6 m (11.8 ft); 2. Relief from Section 5.37.1 Permitted Projections Into Required Yards - Table 5.37.1 - Permitted Projections Into Required Yards, to increase the maximum permitted projection of a covered deck into all yards from 1.5 m (4.92 ft) to 3.1 m (10.2 ft); to permit the construction of a single detached dwelling. Subject to the following conditions: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. ii. That the proposed relief shall only apply to the construction of a single detached dwelling and covered porch of the general size and location as illustrated on Plate 3 of Report CP 2022-116. Carried 8.3 Minor Variance Application A 06-22 (3 Rouse Street) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the application be approved. Opportunity was provided for comments and questions from Council. Applicant, Mike Petrovitch and Owner, Phil St John, were in attendance and were in agreement of the Planning report and recommendation. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-119 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT the Town of Tillsonburg Committee of Adjustment approves Application File A06-22, submitted by Future Transfer Co. Inc., for lands described Part Lot 1614, Plan 500, Part 1, 41R-7936, Town of Tillsonburg, as it relates to: 7 1. Relief from Section 17.2 – MG Zone Provisions - Exterior Side Yard, to reduce the minimum required exterior side yard width from 15 m (49.2 ft) to 7.5 m (24.6 ft) to facilitate the construction of a new industrial building; 2. Relief from Section 17.2 – MG Zone Provisions - Rear Yard, to reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 4.5 m (14.7ft) to facilitate the construction of an industrial silo building. Subject to the following condition: i) Approval is subject to an approved amendment to Site Plan File TSPC 7-118. Carried Resolution # 2022-120 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:22 p.m. Carried 8.4 Consent Application B22-07-7 and Minor Variance Application A22- 01-7 (111 Rolph St.) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the applications be approved. Opportunity was provided for comments and questions from Council. Council had concerns with current parking issues and the negative effects of adding additional traffic and parking and well as concerns about emergency vehicles having access through Valleyview. Council also had questions in regard to drainage and lot grading. Agent Jessica Adamson, was in attendance and was in agreement of the Planning report and recommendation. Also in attendance: Les Komaromy - Homeowner at 71 Washington Grand Avenue 8 Provided a letter of correspondence and a petition from neighbouring residents. Les read his submitted correspondence and requested that council deny this application. Francis & Brian Gleason - Homeowners at 113 Rolph Street 30 years in the Neighbourhood - concerns in regards to parking, privacy, the over all appearance of the new duplex. Opposed to this development. An additional piece of correspondence was received by Bryden Snider in opposition of the proposal. Resolution # 2022-121 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Council of the Town of Tillsonburg directs staff to advise the Oxford County Land Division Committee that the Town supports Minor Variance Application A 22-01-7 submitted by Brother Marketing Inc, for lands described as Lot 747, Plan 500, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 12.2, Table 12.2 – EC Zone Provisions, to reduce the minimum lot depth from 30 m (98.4 ft) to 25 m (82 ft) for the lots to be severed and retained; 2. Relief from Section 12.2, Table 12.2 – EC Zone Provisions, to reduce the minimum lot area from 558 m2 (6,006 ft2) to 505 m2 (5,435.8 ft2) for the lots to be severed and retained; 3. Relief from Section 12.2, Table 12.2 – EC Zone Provisions, to reduce the minimum required rear yard depth from 9 m (29.5 ft) to 7.5 m (24.6 ft) for the lot to be retained; AND FURTHER THAT the Council for the Town of Tillsonburg will advise the Oxford County Land Division Committee that the Town supports the proposal to sever the subject property, subject to the 8 conditions detailed in Planning Report CP 2022-113. Defeated 9. Planning Reports 10. Delegations 9 11. Deputation(s) on Committee Reports 12. COVID-19 Mayor Molnar provided a brief update. 13. Information Items 13.1 Minister of Energy -Process to Procure New Electricity Resources 13.2 Wind Concerns Ontario - Setbacks for Wind Turbines Resolution # 2022-122 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council receives the information items from the Minister of Energy dated March 17, 2022 and the Wind Concerns Ontario dated March 8, 2022 as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Corporate Services 14.2.1 CS 22- 04 Accessibility Policy Update March 28th Resolution # 2022-123 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council adopts the updated accessibility policy and the work accommodation & safe return to work policy with further review every 4 years. Carried 14.2.2 CS 22-09 Vaccination Policy Resolution # 2022-124 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres 10 That the COVID-19 Workplace Proof of Vaccination Policy be rescinded. Carried 14.3 Economic Development 14.3.1 EDM 22-09 Surplus Land Declaration – Grandview Drive Right- of-Way Resolution # 2022-125 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the public road, Grandview Drive, described as Parts 2 and 3, Plan 41R-9064 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; AND THAT a bylaw be brought forward for Council’s consideration. Carried 14.3.2 EDM 22-10 Tree Planting Agreement with Long Point Region Conservation Authority Resolution # 2022-126 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council approve a tree planting agreement with the Long Point Region Conservation Authority for the lands described as Part of Lots 1 and 2, Concession 5, North of Talbot Road, and more particularly described as part of Parts 14 and 15, Plan 41R-8326 and located south of the Storm Water Management pond in the Van Norman Innovation Park. Carried 14.4 Finance 14.4.1 FIN 22-07 - 2021 Annual Investment Report 11 Resolution # 2022-127 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report FIN 22-07, 2021 Annual Investment Report as information. Carried 14.4.2 FIN 22-08 - Revision to the 2022 Rates and Fees By-law Resolution # 2022-128 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approve a By-law to amend the 2022 Rates and Fees By-law with revisions to the Transit advertising fees and the Utility labour fees. Carried 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 22-12 - Sign Variance Amendment - 262 Broadway Resolution # 2022-129 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council approve a variance to Sign By-Law 3798 to permit an animated LED sign of 1.11 sq. m. (12.0 sq.ft.) be incorporated into a proposed new ground sign within a Neighbourhood Commercial Zone, be located within 9 metres of a residential use and increased area of 5.11 sq. m. (55.00 sq. ft.) located at 262 Broadway (Lot 998, Plan 500). Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 22-08 Tender Results - Lake Lisgar Splash Pad 12 Resolution # 2022-130 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council award the contract for RFT 2022-004 to Yard Weasels Inc.; AND THAT the Mayor and Clerk be authorized to execute a contract with Yard Weasels Inc. of Fergus, Ontario, for the construction of the new Lake Lisgar Splash Pad, in the amount of $417,500.00, exclusive of applicable taxes. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2022-131 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives the Tillsonburg 150 Committee minutes of March 1, 2022, the Recreation and Sports Advisory Committee Minutes of March 9, 2022, and the Economic Development Advisory Committee Minutes of March 8, 2022, as information. Carried 17. Motions/Notice of Motions Councillor Esseltine provided the following Notice of Motion, to be considered at the April 19, 2022 Council meeting: THAT plans be put in place for council members and staff to return to the council chambers for regularly scheduled council meetings as soon as possible. As per the Procedural By-Law a hybrid option will continue to be available for individuals who are unable to attend in person, citing health or distance concerns. 13 Should Southwestern Public Health issue regulations requiring in-person public meetings to cease because of COVID 19, councillors and staff regularly attending in person will return to the full hybrid option for the required period of time specified by Public Health. 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2022-029 to regulate traffic and the Parking of Motor Vehicles 19.2 By-Law 2022-030 to amend By-Law 2021-127 to provide a schedule of fees for certain municipal applications, services and permits. Resolution # 2022-132 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT By-Law 2022-029 a by-law to regulate traffic and the Parking of Motor Vehicles; and By-Law 2022-030 a by-law to amend By-Law 2021-127 to provide a schedule of fees for certain municipal applications, services and permits; 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 # 2022-133 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT By-Law 2022-028, to Confirm the Proceedings of the Council meeting held on March 28, 2022, 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 14 • Regular Meeting of Council and Planning Meeting April 19, 2022 at 6:00 p.m. • Regular Meeting of Council April 25, 2022 at 6:00 p.m. 22. Adjournment Resolution # 2022-134 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of March 28, 2022 be adjourned at 9:22 p.m. Carried