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220425 Council Planning Meeting Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, April 25, 2022 5:00 PM Electronic Meeting ATTENDANCE: Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Regrets: Mayor Molnar Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Ann Wright, Interim Deputy Clerk Eric Gilbert, Senior Planner Geno Vanhaelewyn, Chief Building Official Shayne Reitsma, Manager of Engineering David Drobitch, Parks & Facilities Manager Regrets: Shane Caskanette, Fire Chief Chris Baird, Director of Recreation, Culture and Parks _____________________________________________________________________ 1. Call to Order 2 Chair, Deputy Mayor Beres called the meeting to order at 5:00p.m. Council went directly into Closed Session. 2. Closed Session 5:00 P.M. Resolution # 2022-148 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider a matter 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 Reports 2.3.1 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board 3. Moment of Silence 4. Adoption of Agenda 6:00 P.M. Resolution # 2022-149 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Agenda as prepared for the Council meeting of April 25, 2022, be approved. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests declared. 6. Adoption of Council Minutes of Previous Meeting None 7. Public Meetings 3 7.1 Consideration of Municipal Drain Report - A.J. Smith Drain Brandon Widner, Engineer from Spriet Associates Architects and Consulting provided an overview of the Engineers report. Resident Ron Vanderhaeghe, 247 Rokeby Road was in attendance and voiced his concern regarding the established trees near the property line being removed or damaged and resulting in no buffering between Armtec property and theirs. Brandon Widner stated that this is a site plan approval issue. Cephas Panchow iterated that the intent is to not impact the trees on the property line. Council inquired as to whether the drain needs to be relocated and Brandon Widner responded saying, it is a functioning drain but that it does need to be moved for Armtec to move forward with their site plan as proposed and approved by Council. Council deferred the matter directing staff to bring back a report with further information regarding the tree line and required set back from the property line as well as any work that has been done prior to the site plan agreement being finalized. Resolution # 2022-150 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the drainage matter be deferred until staff conducts an inspection of the lands to address the concerns of the landowner such as the moving and digging of soil on the property and the impact of this work on the existing trees along the property line. Carried Resolution # 2022-151 Moved By: Councillor Esseltine Seconded By: Councillor Gilvesy THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:43 p.m. Carried 4 7.2 Minor Variance Application A07-22 - 21 Lyndale Road 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. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-152 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani That the Town of Tillsonburg Committee of Adjustment approves application File A07/22 submitted by Promar Homes Inc., for lands described as Part of Brookside Lane, Plan 41M-218, Part 1 of 41R-9642 in the Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Rear Yard, Minimum Depth, to decrease the minimum required depth from 12.0 m (39.3 ft) to 11.7 m (38.4 ft); 2. Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Lot Coverage, Maximum, to increase the total permitted lot coverage from 35% of the lot area to 38% of the lot area; 3. Relief from Section 5.37.1, Permitted Projections Into Required Yards – Table 5.37.1 Permitted Projections Into Required Yards, to increase the permitted projection of a covered porch into a rear yard from 1.5 m (4.92 ft) to 2.4 m (7.87 ft); Subject to the following conditions: 1. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 2. 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 2022-167, to the satisfaction of the Town of Tillsonburg. Carried 5 Resolution # 2022-153 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:48 p.m. Carried 8. Presentations 8.1 Oxford County Joint Transportation Service Delivery Review 7:00 p.m. Presenters: David Simpson, Director of Public Works, Oxford County, Jamie Cameron, KPMG LLP, and Bruce Peever, KPMG LLP. Council asked questions regarding the information contained in the presentation. Resolution # 2022-154 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receives the presentation from Oxford County regarding Joint Transportation Service Delivery Review, as information and directs staff to prepare a report with further information. Carried 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 12. COVID-19 13. Information Items 13.1 Station Arts Centre - Invitation for Canada Day 13.2 Ministry of the Solicitor General RE: Firefighter Certification Resolution # 2022-155 6 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT council receive the correspondence items from the Station Arts Centre dated April 11, 2022 and from the Ministry of the Solicitor General dated April 14, 2022 as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Corporate Services 14.3 Economic Development 14.4 Finance 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 22-13 Results for RFT 2022-001 Asphalt Maintenance Program Resolution # 2022-156 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT Council awards Tender RFT 2022-001 to Brantco Construction of Cambridge, ON at a cost of $344,985.02 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 14.6.2 OPD 22-14 Results for RFT 2022-002 Lindsay and Frances Reconstruction Resolution # 2022-157 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani 7 THAT Council awards Tender RFT 2022-002 to Euro Ex Construction of Woodstock, ON at a cost of $2,543,949.63 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 14.6.3 OPD 22-15 - Swimming Pool Enclosure By-Law Review Resolution # 2022-158 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT a By-Law to amend By-Law 4008, being a by-law to regulate swimming pool enclosures within the Town of Tillsonburg, be brought forward for Council’s consideration. Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 22-10 Parks, Beautification and Cemeteries Advisory Committee - Recommendations to Council Resolution # 2022-159 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the first paragraph of the proposed resolution be separated from the rest of the motion. Carried Discussion took place on the last three paragraphs of the recommendation and Council felt that it would be best if this was considered by staff as part of a review of committees prior to the new Council term. The first paragraph of the resolution to advertise for a replacement was then considered with the following motion being adopted: Resolution # 2022-160 8 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the Clerk be requested to advertise for a replacement member on the Parks, Beautification & Cemeteries Advisory Committee at the earliest opportunity. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2022-161 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the Tillsonburg 150 Ad Hoc Committee Minutes of April 14, 2022, and the Economic Development Advisory Committee Minutes of April 12, 2022, as information. Carried 17. Motions/Notice of Motions Councillor Gilvesy provided the following notice of motion to be considered at the May 9th Council meeting: That a by-law to amend by-law 3798 to lift the restrictions on banner signs which is set to expire on May 31st, 2022 be extended to May 31st, 2023 to continue to allow businesses with enhanced tools during COVID recovery. 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 2022-036 a by-law to amend By-Law 4008 Swimming Pool Enclosures 19.2 A by-law to provide for the drainage works in the Town of Tillsonburg, in the Counties of Oxford and Norfolk, being the J.A Smith Drain – Armtec Realignment (Withdrawn) Resolution # 2022-162 9 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2022-036 to amend By-Law 4008 Swimming Pool Enclosures 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 • May 9, 2022 Regular Meeting of Council at 6:00p.m. • May 24, 2022 Council Planning Meeting at 6:00p.m Resolution # 2022-163 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT By-Law 2022-035, to Confirm the Proceedings of the Council meeting held on April 25, 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 22. Adjournment Resolution # 2022-164 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Council meeting of April 25, 2022 be adjourned at 7:49 p.m. Carried