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220808 Regular Council Meeting Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, August 8, 2022 4:30 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Rosehart Regrets: Councillor Parker Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Shane Caskanette, Fire Chief Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Julie Columbus, Director of Recreations, Culture & Parks Jadie Scaman, Assistant Chief Fire and Training Prevention Richard Sparham- Manager of Public Works Gina Armand, Records & Legislative Coordinator _____________________________________________________________________ 1. Call to Order Chair, Mayor Molnar, called the meeting to order at 6:10 p.m. 2. Closed Session 4:30 P.M. 2 Resolution # 2022-262 THAT Council move into Closed Session to consider 2 personal matters about an identifiable individual, including municipal or local board employees under Section 239 (2) (b) of the Municipal Act; and Litigation or proposed litigation including matters before an administrative tribunals, affecting the municipality or local board; and Proposed or pending acquisition or disposition of land by the municipality or local board 2.1 Adoption of the Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Previous Closed Session Minutes 2.4 Consideration of Committee Closed Session Minutes 2.5 Reports 2.5.1 Litigation or proposed litigation including matters before an administrative tribunals, affecting the municipality or local board. 2.5.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board 2.5.3 Personal matter about an identifiable individual, including municipal or local board employees under Section 239(2) (b) of the Municipal Act. 3. Moment of Silence 6:00 P.M. 4. Adoption of Agenda Resolution # 2022-263 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of August 8, 2022, be approved. Carried 3 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 # 2022-264 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the minutes from the Regular Council Meeting held on July 11, 2022 be approved. Carried 7. Presentations 7.1 Miss Teen Southwest Ontario Aalanna Rusnak- recent winner of Miss Teen Southwest Ontario 2022 presented her promotional video to Council and described all accomplishments thus far. Aalanna's next preliminary competition is August 17, 2022. This event will be live streamed. Aalanna is gathering donations to the Make a Wish Foundation. For inquiries, or to donate, please visit rusnakaalanna@gmail.com Resolution # 2022-265 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive the presentation by Aalanna Rusnak- Miss Teen Sounthwestern Ontario, as information Carried 7.2 1089521 Tillsonburg OPP to speak on Standby Generator OPP Representative Dave Bush presented on the Report RCP 22 -13 OPP Generator Presentation. Dave gave an overview of the generator mechanics and it's functionality. The existing generator will be moved to the maintenance area and will be available for the Town's future use. 4 Item 13.7.1 RCP 22-13 OPP Generator was discussed next. 8. Public Meetings Resolution # 2022-266 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:35 P.M. Carried 8.1 Minor Variance Application- A 10-22 29 Wood Haven Drive The Mayor outlined the purpose of the application and noted if anyone who appeals this decision has not provided Council with oral or written submissions at the public meeting, then The Local Planning Appeal Tribunal has the power to dismiss the appeal. Eric Gilbert, County Planner, provided an overview of the Minor Variance application and answered all inquiries asked by Council. The Planner also noted that the following correspondence was received: 1. David Johnson- was not in favour 2. Evelen Lusher of 31 Wood Haven Drive concerned about the elevation Susan Fratpietro was in attendance and spoke in favour of her Minor Variance Application. Resolution # 2022-267 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Town of Tillsonburg Committee of Adjustment approves application File A 10-22 submitted by Susan and Kevin Fratpietro, for lands described as LOT 35, PLAN 41M232, municipally known as 29 Wood Haven Drive, Town of Tillsonburg, County of Oxford as it relates to: 1. Relief from Section 6.2 Zone Provisions – Table 6.2 : Zone Provisions – Lot Coverage, Maximum, to increase the maximum permitted lot coverage from 37% to 38% 5 Carried Resolution # 2022-268 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:51 P.M. Carried 8.2 Zone Change Application- ZN 7-22-07- 19 Arbor Lane The Mayor outlined the purpose of the application and noted if anyone who appeals this decision has not provided Council with oral or written submissions at the public meeting, then The Local Planning Appeal Tribunal has the power to dismiss the appeal. Eric Gilbert, County Planner, spoke on this report and answered all inquiries from Council. Cindy Hollister, applicant, appeared before Council and advised that she was following staff instructions and also noted that the Resolution read was incorrect. Resolution # 2022-269 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council of the Town of Tillsonburg approves the zone change application submitted by Cindy Hollister, whereby the lands described as Lots 64, 65 & 66, Plan 507, and are municipally known as 19 Arbor Lane, Town of Tillsonburg are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-sp)’ to permit the development of an accessory residential unit within a proposed detached accessory building. The proposed accessory building will have a gross floor area of 93 m2 (1000 ft2), will have a height of 6.25 m (20.5 ft), and will be located in the rear yard. Carried 6 8.3 Zone Change Application ZN 7-22-08- Mister Auto Wash Inc. The Mayor outlined the purpose of the application and noted if anyone who appeals this decision has not provided Council with oral or written submissions at the public meeting, then The Local Planning Appeal Tribunal has the power to dismiss the appeal. Eric Gilbert, County Planner, presented the Zone change application ZN 7-22-08 to Council and responded to all questions. Agent Trevor Benjamins, was also present to speak to the application ZN 7-22-08 and answered all inquiries from Council. Resolution # 2022-270 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT the Council of the Town of Tillsonburg approves the zone change application submitted by Mister Auto Wash Inc. (Tyson VanLeeuwen), whereby the lands described as Lots 395, 4 15 & 416, & Part of Lot 396, Plan 500, Town of Tillsonburg. The lands are located at the northwest corner of the intersection of Concession Street East and Tillson Avenue, and are municipally known as 127 Tillson Ave, Tillsonburg are to be rezone to amend the current ‘Service Commercial Holding Zone (SC-(H))’ to remove the Holding Provision present on the property to permit an expansion to the car wash establishment, consisting of an additional drive- through car wash bay. Carried 9. Planning Reports 10. Deputation(s) on Committee Reports 11. Information Items 11.1 Letter from Susan Crann Resolution # 2022-271 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the letter from Susan Crann as information; 7 AND THAT the letter be forward to the Police Services Board for comment and review Carried 12. Second Quarter Financial Reports 12.1 FIN 22-21 2022 2nd Quarter Consolidated Financial Report Resolution # 2022-272 Moved By: Councillor Gilvesy Seconded By: Deputy Mayor Beres THAT Council receives report FIN 22-21 2022 Second Quarter Consolidated Financial Results as information. Carried 12.2 CS 22-22 Second Quarter Financials Report 12.3 EDM 22-20 Second Quarter Economic Development and Marketing Results 12.4 FIN 22-20 2022 Q2 Finance Department Results 12.5 FRS 22-03 2022 Second Quarter Report 12.6 OPD 22-33 2022 Second Quarter Building Planning, By-Law Services Results 12.7 OPD 22-34 2022 Second Quarter Operations and Development Services Resolution # 2022-273 Moved By: Councillor Rosehart Seconded By: Councillor Luciani THAT Council receives the 2022 Second Quarter Department Results, as information. Carried 13. Staff Reports 8 13.1 Chief Administrative Officer 13.1.1 Community Strategic Plan Update Resolution # 2022-274 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT report CAO 22-05 Community Strategic Plan Goals Update be received by Council as information Carried 13.2 Corporate Services 13.2.1 CS 22-13 Personnel Policy Rates Resolution # 2022-275 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT the revised Appendix A of the Personnel Policy entitled “Personnel Policy Rates” be approved, effective August 1, 2022. Carried 13.2.2 CS-22-21 Committee Chair Meeting Resolution # 2022-276 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT the Committee Liaison/Chair meeting report be received for information; and THAT staff be directed to take the appropriate steps to make amendments to the procedural by-law to be considered at a future meeting Carried 13.3 Economic Development 13.4 Finance 9 13.4.1 FIN 22-22 2022 Q2 COVID Impact Report Resolution # 2022-277 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Report FIN 22-22 2022 Q2 Covid-19 Impact Report be received as information Carried 13.5 Fire and Emergency Services 13.6 Operations and Development 13.6.1 OPD 22-27 School Crossing Guard Program Resolution # 2022-278 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Policy 2-012 - School Crossing Guard Program to regulate crossing guard placement and warrants in the Town of Tillsonburg be brought forward for Council consideration. AND THAT Council approves to eliminate the school crossing guard at Quarter Town Line/North Street West based on low average numbers and recent implementation of the 4 -way stop. AND THAT Council approves to eliminate the school crossing guard at Maple Lane based on low average numbers and the closure of Maple Lane Public School. AND THAT Council approves the implementation of a new school crossing guard on Frances Street in the vicinity of St. Joseph’s school based on high counts, risk/exposure of through street/mid - block crossing and activity. Carried 13.6.2 OPD 22-36 Hangar Land Lease Agreement Taxiway G3-8 Resolution # 2022-279 10 Moved By: Councillor Rosehart Seconded By: Councillor Luciani THAT a By-Law to execute a new Land Lease Agreement for Taxiway G3-8 with Breman Construction Inc. be brought forward for Council's consideration Carried 13.6.3 OPD 22-37 Hangar Land Lease Agreement Taxiway G3-9 Resolution # 2022-280 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT a By-Law to execute a new Land Lease Agreement for Taxiway G3-9 with Breman Construction Inc. be brought forward for Council's consideration Carried 13.6.4 OPS 22-35 RFP 2022-011 Supply and Delivery of a Four Wheel Drive Articulating Loader Results Resolution # 2022-281 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council awards RFP 2022-011 Supply and Delivery of a Four Wheel Drive Articulating Loader to Brandt Tractor Ltd. of London, Ontario at a cost of $342,422.40 (net HST included); AND THAT Council authorizes funding the over budget amount of $92,422.40 from the Fleet & Equipment Reserve. Carried 13.6.5 OPD 22-32 Westwinds Subdivision Road Naming Resolution # 2022-282 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 11 THAT Council approves “Darrow Drive”, “Hill Street”, “Westwinds Gate”, and “Thompson Court” as road names for the Westwinds subdivision. Carried 13.6.6 OPD 22-36 Bridges Subdivision Road Naming Resolution # 2022-283 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT Council defer and ask the developer to provide additional options for consideration Carried 13.7 Recreation, Culture and Parks 13.7.1 RCP 22-13 OPP Generator Presentation Resolution # 2022-284 Moved By: Deputy Mayor Beres Seconded By: Councillor Gilvesy THAT Council receives the presentation from the Province of Ontario (OPP) and the companion Staff Report RCP 22-13 OPP Station Generator Project as information; and THAT all work and related costs, including subsequent maintenance costs, be borne by the Province with no implication to the lease between the Province and the Town; and THAT Council approves the request from the Province of Ontario to proceed with the replacement of the generator at 90 Concession Street East; and further THAT the existing generator be redeployed to the Town Fleet Department for future use. Carried 13.7.2 RCP 22-14 Fire and Life Safety Annual Inspections 12 Resolution # 2022-285 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT Council receives Staff Report RCP 22-14 Fire and Life Safety Annual Inspections as information; and THAT Council approves the award of services for Annual Fire and Life Safety Inspections at Town facilities for 2022 ($9,180), 2023 ($9,428) and 2024 ($9,685) to Taplay Fire Protection of Woodstock ON for a total amount of $28,893, excluding HST. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 2022-286 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the following Council Committee minutes be received as information: July 6, 2022 Recreation and Sports Advisory Committee Minutes June 23, 2022 Tillsonburg Airport Advisory Committee Minutes July 12, 2022 Tillsonburg Ad Hoc Committee Minutes July 12, 2022 Economic Development Advisory Committee Minutes July 19, 2022 Tillsonburg Transit Advisory Committee Minutes Carried 15.2 Long Point Conservation Minutes Resolution # 2022-287 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 13 THAT the Long Point Conservation Minutes from June 1, 2022 be received as information. Carried 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 17.1 2022-041 A By-Law To provide for the drainage works being the J.A Smith Drain 17.2 2022-054 A By-Law To authorize an agreement of purchase and sale with Thames Valley District School Board 17.3 2022-055 By-law To amend By-Law number 3295, as amended (ZN 7- 22-04) 17.4 2022-056 By-Law to enter into an Airport Hangar Land Lease Agreement with Breman Construction Inc. for Taxiway G3-8 17.5 2022-057 A By-Law to enter into an Airport Hangar Land Lease Agreement with Breman Construction Inc. for Taxiway G3-9 Resolution # 2022-288 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-law 2022-041 to provide for the drainage works being the J.A. Smith Drain be read for a third and final time; AND THAT A By-Law to authorize an agreement of purchase and sale with Thames Valley District School Board; and A By-Law to amend By-Law number 3295, as amended (ZN 7-22-04); and A By-Law to enter into an Airport Hangar Land Lease Agreement with Breman Construction Inc. for Taxiway G3-8; and A By-Law to enter into an Airport Hangar Land Lease Agreement with Breman Construction Inc. for Taxiway G3-9, 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 14 18. Confirm Proceedings By-law Resolution # 2022-289 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT By-Law 2022-058, to Confirm the Proceedings of the Council meeting held on August 8, 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 Councillor Rosehart advised the public to take great care while walking the crosswalk on Tillson Ave. Please stop and be safe as big trucks are not able to stop very easily. Mayor Molnar noted some important upcoming events such as the AMO Conference in a week. The Tri-County Agricultural Fair will run on September 19- 21, please come out and support. Terry Fox Run will take place on Sep 18, Rib Fest last weekend of September and the Fire Fighter's BBQ on August 10, 2022.  September 12, 2022 Council Meeting  September 19, 2022 Planning Meeting  September 26, 2022 Council Meeting 20. Adjournment Resolution # 2022-290 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of August 8, 2022 be adjourned at 8:12 P.M; and Move back into Closed Session to complete Agenda items that were not finished in advanced to 6:00PM. Carried