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220711 Regular Council Meeting MInutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, July 11, 2022 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Parker Councillor Rosehart Regrets: Councillor Luciani Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Cephas Panschow, Development Commissioner Carlos Reyes, Director of Operations and Development Julie Columbus, Director of Recreations, Culture & Parks Richard Sparham, Manager of Public Works Gina Armand, Records and Legislative Coordinator Laura Emery, Municipal Management Intern _____________________________________________________________________ 1. Call to Order Chair, Mayor Molnar, called the meeting to order at 6:00 p.m. 2. Closed Session (None) 2 3. Moment of Silence 4. Adoption of Agenda Resolution # 2022-236 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Agenda as prepared for the Council meeting of July 11, 2022, be approved. Carried 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 # 2022-237 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the minutes from the June 27, 2022 Council meeting and of the June 28, 2022 Special Council meeting, be approved. Carried 7. Presentations 7.1 2021 Financial Statements Virtual presentation given by Dianne Latta, CPA, CA of Millard, Rouse and Rosebrugh LLP regarding the 2021 Financial Statements Resolution # 2022-238 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council approves the 2021 Financial Statements as presented; AND THAT the 2021 Management Letter be received. Carried 3 7.2 Delegation from Resident Matt Sholtz RE: Road Naming in Tillsonburg The delegate was not in attendance for the meeting. 8. Public Meetings Resolution # 2022-239 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:13 p.m. Carried 8.1 Minor Variance Application A 09-22 - 31 Victoria Street Eric Gilbert, County Planner, provided an overview of the Minor Variance application and answered all inquiries asked by Council. Jason Hunwicks, agent for the applicant appeared before the meeting and indicated his support of the planner’s report. Resolution # 2022-240 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Town of Tillsonburg Committee of Adjustment approves application File A 09-22 submitted by Town of Tillsonburg Non-Profit Housing Corporation, for lands described as Part of Lots 687 -690, 715, Plan 500, Parts 1-7 of 41R-10118 in the Town of Tillsonburg, as it relates to: 1. Relief from Section 5.24.1.6 – Parking Space and Parking Aisle Standards – Table 5.24.1.6 – Parking Space and Aisle Standards – Minimum Perpendicular Width of the Aisle, to decrease the minimum perpendicular width of the aisle for 90 degree parking from 7.3 m (24 ft) to 6.9 m (22.6 ft). Carried Resolution # 2022-241 4 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:21 p.m. Carried 8.2 Zone Change Application - ZN 7-22-03 - Landmark Homes Inc. Erick Gilbert, County Planner, spoke on this report and answered all inquiries from Council. The Chair noted that that Council received an email from Kathy and John Lafferty noting their concerns regarding the application about the higher density and the negative impact this would in their neighbourhood. Trevour Benjamin of CJDL, agent, also spoke and answered questions from Council. Mr. Andre Fournier of 22 William, noted his concerns regarding the application by indicating that he purposely bought a house in a single family subdivision and felt that this proposal would devalue his property. Council asked the Planner if there were other areas of this subdivision that had a higher density of residential and the planner replied “no”. Resolution # 2022-241 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Council of the Town of Tillsonburg approves the zone change application submitted by Landmark Homes Inc, whereby the lands described Lots 90, 91 & 92, Registered Plan 41M-144, in the Town of Tillsonburg known municipally as 3, 5 & 7 Sycamore Drive are to be rezoned from ‘Special Low Density Residential Type 1A Zone (R1A -23)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ to facilitate the development of semi-detached dwellings on the subject property with reduced lot frontages, lot area, front yard depth, and interior side yard widths. Defeated 8.3 Zone Change Application ZN 7-22-04 - Jacob Hiebert 5 Erick Gilbert presented the Zone change application ZN 7-22-04 Trevour Benjamin of CJDL, Agent, was also present and answered Council's inquiries. The Chair noted that that Council received an email from Kathy and John Lafferty noting their concerns regarding the application about the higher density and the negative impact this would in their neighbourhood. Resolution # 2022-242 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT the Council of the Town of Tillsonburg approves the zone change application submitted by Landmark Homes Inc, whereby the lands described Lots 43 & 44, Registered Plan 41M-144, in the Town of Tillsonburg known municipally as 158 & 160 Concession Street West are to be rezoned from ‘Low Density Residential Type 1A Zone (R1A)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ to facilitate the development of semi-detached dwellings on the subject property with reduced lot frontages, lot area, front yard depth, and interior side yard widths. Carried 8.4 Official Plan & Zone Change Amendment OP 22-06-7 & ZN 7-22-06 - Tillsonburg Developments Inc. & W.H. Developments Inc. Eric Gilbert, spoke on this Report and answered all of Council's inquiries. Trevour Benjamin of CJDL, agent, appeared before Council and supported the Planner’s report. Resolution # 2022-243 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the Council of the Town of Tillsonburg advise County Council that the Town supports the application to amend the Official Plan (File No. OP 22-06-7), submitted by Tillsonburg Developments Inc & W.H. Developments Inc., for lands described as Lot 17, Registered Plan 41M - 205 in the Town of Tillsonburg, to re-designate the subject lands from Service Commercial to Low and Medium Density Residential; 6 AND FURTHER THAT the Council of the Town of Tillsonburg approves-in- principle the zone change application (File No. ZN 7-22-06) submitted by Tillsonburg Developments Inc & W.H. Developments Inc., for lands described as Lot 17, Registered Plan 41M-205, in the Town of Tillsonburg, to rezone the lands from ‘Special Service Commercial Zone (CC-10)’ to ‘Low Density Residential Type 3 Zone (R3)’ & ‘Special Medium Density Residential Zone (RM-sp)’ to permit the development of 6 residential street-fronting townhouse units. Carried 9. Planning Reports 10. Deputation(s) on Committee Reports 11. Information Items 11.1 Footprints in the Sand Foundation - Congratulations on 150 Years Deputy Mayor Beres gave information on the Author of Footprints in the Sand, Margaret Powers, who currently resides in British Columbia, Canada. Deputy Mayor Beres thanked the family for sending in their letter. 11.2 Ontario Energy Board - Notice to Enbridge Customers No discussion or inquiries from Council. Resolution # 2022-244 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT the information item from Footprints in the Sand Foundation dated June 16, 2022 and from the Ontario Energy Board dated June 17, 2022, be received as information. Carried 12. Staff Reports 12.1 Chief Administrative Officer 12.1.1 CAO 22-02 Recommendations regarding MOUD with Tillsonburg Hydro Incorporated (THI) 7 CAO provided an overview of his report which was supported by Council Resolution # 2022-245 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council receives Report CAO 22-04 Recommendations regarding MOUD with Tillsonburg Hydro Incorporated (THI); AND THAT Council endorses the recommendations contained within Report CAO 22-02 Recommendations regarding MOUD with Tillsonburg Hydro Incorporated (THI). Carried 12.2 Corporate Services 12.3 Economic Development Cephas Panschow, Development Commissioner, spoke on his reports and answered all questions from Council 12.3.1 EDM 22-17 EDAC Resolution Regarding Zoning Bylaw Height Restrictions Resolution # 2022-246 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the resolution from the Economic Development Advisory Committee regarding the existing maximum height restrictions for residential buildings within the Town of Tillsonburg be referred to Oxford County Planning for review. Carried 12.3.2 EDM 22-18 Contract Award – RFP 2022-001 Real Estate Services There was some concern about the timing of the RFP and members asked if this was still required given the number of lots already sold within the Industrial subdivision 8 Resolution # 2022-247 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT the RFP 2022-001 Real Estate Services contract be awarded to Avison Young for a period until December 31, 2023 with the option to extend the contract by two 1 year periods subject to the Town entering into listing agreements for specific properties at the Town’s sole and absolute discretion. Carried 12.3.3 EDM 22-19 Offer to Purchase – Part of Lot 4, Van Norman Innovation Park Resolution # 2022-248 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Schep’s Bakeries Ltd for property described as part of Block 1, Plan 41M - 381 (part of lot 4) in the Van Norman Innovation Park. Carried 12.4 Finance Renato Pullia, Interim Director of Finance, was present to speak on his reports and answered all inquiries from Council. 12.4.1 FIN 22-17 - Council Expense Policy Amendments Resolution # 2022-249 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the amendments to the Council Expense Policy 2-008 be approved, effective July 1, 2022. Carried 9 12.4.2 FIN 22-18 - 2021 Summary of Reserves and Trusts Resolution # 2022-250 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT Council receives report FIN 22-18, 2021 Summary of Reserves and Trusts, as information. Carried 12.4.3 2021 Surplus Allocation Resolution # 2022-251 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT the 2021 surplus of $1,006,934 be allocated to the following reserves: 1. $244,352 be transferred to the Fleet and Equipment Reserve 2. $21,770 be transferred to the Airport Reserve 3. $77,958 be transferred to the Asset Management Reserve 4. $24,000 be transferred to the Economic Development Reserve 5. $307,328 be transferred to the Facility Infrastructure Reserve, to cover the $254,000 budgeted in 2022 capital budget for design work for a new Town Hall, and $53,328 to cover the Town’s portion of a 2021 capital project for a Facilities Assessment 6. $22,904 be transferred to the Insurance Reserve 7. The balance of the surplus of $308,622 be transferred to the Tax Rate Stabilization reserve Defeated Resolution # 2022-252 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres 10 THAT the 2021 surplus of $1,006,934 be allocated to the following reserves: 1. $244,352 be transferred to the Fleet and Equipment Reserve 2. $21,770 be transferred to the Airport Reserve 3. $77,958 be transferred to the Asset Management Reserve 4. $24,000 be transferred to the Economic Development Reserve 5. $307,328 be transferred to the Facility Infrastructure Reserve 6. $22,904 be transferred to the Insurance Reserve 7. The balance of the surplus of $308,622 be transferred to the Tax Rate Stabilization reserve Carried 12.5 Fire and Emergency Services 12.6 Operations and Development 12.6.1 OPD 22-28 RFT 2022-003 – Retaining Walls Reconstruction at Beech Blvd and Quarter Town Line Resolution # 2022-253 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council not award Tender RFT 2022 – 003 – Retaining Walls Reconstruction at Beech Blvd and Quarter Town Line as the lowest bid received exceeds the total budget by $355,487.98 (net HST included); AND THAT Council directs staff to find cost savings within the project design and re-tender for 2023 construction. Carried 12.6.2 OPD 21-39 Utilization of the 2021 Tillsonburg Regional Airport Grant Resolution # 2022-254 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT report OPD 22-30 2021 2021 Tillsonburg Regional Airport Master Plan – Implementation Update be received as information. 11 Carried 12.6.3 OPD 22-31 Bagged Leaf and Yard Waste Collection Program Resolution # 2022-255 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT Council authorizes staff to explore the change in the former Loose Leaf Collection Program to Curbside Bagged Leaf and Yard Waste Collection Program; AND THAT Council directs staff to proceed with submitting a Request for Tender to retain a qualified waste collection contractor to provide a Curbside Bagged Leaf and Yard Waste Collection Service in 2022. Carried 12.6.4 OPD 22-29 RFP 2022-010 Supply and Delivery of a 4-Wheel Drive Articulating Sidewalk Tractor Results Resolution # 2022-256 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council awards RFP 2022-010 Supply and Delivery of a 4- Wheel Drive Articulating Sidewalk Tractor to Work Equipment Ltd. of Courtland, Ontario at a cost of $176,400.96 (net HST included); AND THAT Council authorizes funding of the purchase as $135,828.74 from Development Charges (Residential Share) and $40,572.22 from Taxation. Carried 12.7 Recreation, Culture and Parks Deputy Mayor Beres asked if there was a policy that allowed for these types of requests and Director Columbus indicated research had been conducted, and the request is required to be approved by Council. 12.7.1 RCP 22-14 Tillsonburg Fair Facility Request August 20 2022 12 Resolution # 2022-257 Moved By: Councillor Esseltine Seconded By: Councillor Gilvesy THAT Council receives Staff Report RCP 22-14 as information; and THAT Council approves the request from the Tillsonburg Tri-County Agricultural Society to waive the facility rental fee for the use of Lion’s Auditorium on Aug 20, 2022 from 9 am to noon to host the Fair’s Baby Show. Carried 13. New Business 14. Consideration of Committee Minutes 14.1 Committee Minutes Resolution # 2022-258 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT the June 14, 2022 Economic Development Advisory Committee Minutes be received as information. Carried 15. Motions/Notice of Motions 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 17.1 A by-law to establish the Rate of Remuneration for Members of the Council of the Corporation of the Town of Tillsonburg for the 2022 — 2026 term of Council and to Repeal By-Law 4207. 17.2 A by-law to amend Zoning By-Law Number 3295, as amend. (ZN 7-22- 03) By-Law was withdrawn. 17.3 A by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7- 22-04) 13 17.4 A by-law to authorize the execution of an agreement of Purchase and sale with Schep’s Bakeries Ltd. for property described as part of Block 1, Plan 41M-381 (part of lot 4) in the Van Norman Innovation Park. Resolution # 2022-259 Moved By: Deputy Mayor Beres Seconded By: Councillor Gilvesy THAT a by-law to establish the Rate of Remuneration for Members of the Council of the Corporation of the Town of Tillsonburg for the 2022 — 2026 term of Council; and A by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7-22- 04); and A by-law to authorize the execution of an agreement of Purchase and sale with Schep’s Bakeries Ltd. for property described as part of Block 1, Plan 41M-381 (part of lot 4) in the Van Norman Innovation Park, 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 18. Confirm Proceedings By-law Resolution # 2022-260 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT By-Law 2022-050, to Confirm the Proceedings of the Council meeting held on July 11, 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 19. Items of Public Interest Mayor Molnar advised the public that the Ministry of Health Vaccination Bus, located at 45 Hardy Ave., will be in the community on July 12, 19, and the 26th. 14 Walk-ins are welcome but appointments are strongly advised. Hours are from 11am-5pm and their phone number is 1-800-943-3900 20. Adjournment Resolution # 2022-261 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Council meeting of July 11, 2022 be adjourned at 8:48 p.m. Carried