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221114 Regular Council Meeting Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, November 14, 2022 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Cephas Panschow, Development Commissioner Laura Pickersgill, Executive Assistant/Assistant Clerk Julie Columbus, Director of Recreations, Culture & Parks Johnathon Graham, Director of Operations & Development Donna Wilson, Acting Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Moment of Silence 3. Adoption of Agenda Resolution # 2022-349 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of Monday, November 14, 2022, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Adoption of Council Minutes of Previous Meeting Resolution # 2022-350 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the minutes of the Council meeting of October 11, 2022, be approved. Carried 6. Presentations 7. Public Meetings Resolution # 2022-351 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:04 P.M. Carried 7.1 Minor Variance Application A 11-22 16 Concession Street West Eric Gilbert, Senior Planner, Oxford County provided an overview of the minor variance application. Opportunity was provided for members to ask questions. The applicant or agent was not in attendance. There were no persons present to speak in favour or opposition to the application. 3 Resolution # 2022-352 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Town of Tillsonburg Committee of Adjustment approves application File A11-22 submitted by David Vandermeersch for lands described as Lots 640 and 641, Plan 500, and Parts 2, 4, & 5 of 41R-609, municipally known as 16 Concession Street West, Town of Tillsonburg, County of Oxford, as it relates: 1) 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 from 1.5 m (4.9 ft) to 2.75 m (9.0 ft), to facilitate the construction of a covered porch at the front of the existing dwelling. Carried Resolution # 2022-353 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:09 P.M. Carried 8. Planning Reports 8.1 CP 2022-397 - Potential options for Increasing Residential Density Eric Gilbert, Senior Planner, Oxford County provided an overview of report CP 2022-397. Opportunity was provided for members to ask questions. Resolution # 2022-354 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report CP 2022-397 - Potential Options for Increasing Residential Density, as information. 4 Carried 8.2 CP 2022-407 More Homes Built Faster Act, 2022 Eric Gilbert, Senior Planner, Oxford County provided an overview of Report CP 2022-407. Opportunity was provided for members to ask questions. Resolution # 2022-355 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report CP 2022-407 More Homes Built Faster Act, 2022, as information; AND FURTHER THAT staff respond within the defined time period in a manner similar to this report. Carried 9. Deputation(s) on Committee Reports 9.1 CS 22-24 Heritage Register Listing Report Carrie Lewis, Chair, Culture, Heritage and Special Awards Advisory Committee provided an overview of Report CS 22-24 Heritage Register Listing. Resolution # 2022-356 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report CS 22-24, as information; THAT Council supports that the Heritage Listings be added to the Town’s Heritage Register to supplement the Designated Properties that are currently on the register; AND THAT the Heritage Register of both Designated and Listed Properties be accessible to the public and those interested in the community’s history through the Town’s website and in print format. 10. Information Items 5 10.1 Oxford County- Regulatory Proposals- Conservation Authorities Act, Transition Plans and Agreements for Programs and Services 10.2 Written Submissions- Proposed Federal Electoral Boundaries 10.3 Future Oxford- Federal Electoral Districts Redistribution 2022 10.4 Minister of Finance- 2023 Funding Allocations under the Ontario Municipal Partnership Fund Resolution # 2022-357 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from Oxford County dated October 12, 2022, Federal Electoral Redistribution Commission dated October 26, 2022, Future Oxford dated October 21, 2022 and Minister of Finance dated November 9, 2022, as information. Carried 11. 2022 Third Quarter Financial Reports 11.1 FIN 22-23 2022 Third Quarter Finance Department Results 11.2 FIN 22-24 2022 Third Quarter Consolidated Financial Report Resolution # 2022-358 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives report FIN 22-24 2022 Third Quarter Consolidated Financial Report, as information. Carried 11.3 EDM 22-16 Third Quarter Economic Development and Marketing Results 11.4 FRS 22-04 2022 Third Quarter Fire Services Results 11.5 FIN 22-25 2022 Third Quarter COVID Impact Report 11.6 OPD 22-45 2022 Third Quarter Building, Planning, By-Law Services Results 6 11.7 OPD 22-47 2022 Third Quarter Operations and Development Services Results 11.8 CS 22-34 2022 Q3 Corporate Services Dept Report 11.9 RCP 22-23 2022 Third Quarter Recreation, Culture and Parks Dept. Results Resolution # 2022-359 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the 2022 Third Quarter Reports 11.1 and 11.3- 11.9, as information. Carried 12. Staff Reports 12.1 Chief Administrative Officer 12.2 Corporate Services 12.2.1 CS 22-25 BIA by-law amendment Resolution # 2022-360 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report CS 22-25, Business Improvement Area By-Law Amendment; AND THAT Council receive the request from the BIA to amend By- Law 2013 to add a clause to the eligibility criteria; AND THAT a by-law be brought forward for Council’s consideration to amend by-law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management. Carried 12.2.2 CS 22-26 2022 Election Report Resolution # 2022-361 7 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report CS 22-26 2022 Municipal Election, as information. Carried 12.2.3 CS 22-27 Election Accessibility Report Resolution # 2022-362 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report CS 22-27 2022 Municipal Election Accessibility Report, as information. Carried 12.2.4 CS 22-33 Request Relief from By-Law Parking Levy Resolution # 2022-363 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report CS 22-33 Request Relief from By- Law, as information; AND THAT Council authorizes relief from the parking levy for 53 London Street East. Carried 12.3 Economic Development 12.3.1 EDM 22-24 Community Improvement Plan Update Resolution # 2022-364 Moved By: Councillor Esseltine Seconded By: Councillor Parker 8 THAT the Community Improvement Plan as revised to reflect the Town’s Housing Goals outlined in the approved Community Strategic Plan be approved in principle; AND THAT the revised Community Improvement Plan documents be forwarded to the Ontario Ministry of Municipal Affairs and Housing for review prior to bringing back for bylaw approval. Carried 12.3.2 EDM 22-25 Surplus Land Declaration – 25 Maple Lane Property Angela Bamford resident of 31 Maple Lane spoke in opposition to this proposal. Resolution # 2022-365 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the 25 Maple Lane property, described as Part Lot 380, Plan 500; Part 1, Plan 41R-9104, Except Part 1 Plan 41R-10139; 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 12.3.3 EDM 22-26 Economic Development Advisory Committee Recommendation - Project Consultant Resolution # 2022-366 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Economic Development Advisory Committee recommendation for the Town to consider project management options for the development of Phase 2 of the Van Norman Innovation Park be referred to 2023 budget deliberations for consideration. Carried 9 12.4 Finance 12.5 Fire and Emergency Services 12.6 Operations and Development 12.6.1 OPD 22-45 Hangar Land Lease Agreement Taxiway C1-9 Resolution # 2022-367 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report OPD 22-45 Airport Hangar Land Lease Taxiway C1 Lot #9; AND THAT a By-law to a) execute the Agreement to Terminate the Lease with Danny Richer for Taxiway C1 Lot #9, b) to execute the Hanger Land Lease Agreement for Taxiway C1 Lot #9 with Mark Kniss and c) repeal By-law 3883, be brought forward for Council consideration. Carried 12.7 Recreation, Culture and Parks 12.7.1 RCP 22-22 - South Ridge Playground Replacement Resolution # 2022-368 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Staff Report RCP 22-22 South Ridge Playground Replacement, as information; and THAT the funds from capital project #717 (OPP Security Replacement Access System/$55,000) be reallocated to cover emergency replacement of the playground at South Ridge Park. Carried 13. New Business 14. Consideration of Committee Minutes 14.1 Committee Minutes 10 Resolution # 2022-369 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives the following Advisory Committees Minutes as information: • Recreation and Sports Advisory Committee Minutes dated October 5, 2022 • Airport Advisory Committee Minutes dated September 22, 2022 • Dog Park Advisory Committee Minutes dated October 18, 2022 • Economic Development Advisory Committee Minutes dated October 11, 2022 • Culture, Heritage and Special Awards Advisory Committee Minutes dated October 19, 2022. Carried 14.2 Long Point Region Conservation Authority Minutes Resolution # 2022-370 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the Long Point Region Conservation Authority minutes dated September 7 and October 5, 2022, as information. Carried 15. Motions/Notice of Motions 15.1 Meeting Date Change Resolution # 2022-371 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council authorizes the cancellation of the November 28, 2022 Council meeting and reschedules the meeting to be held at 6:00 p.m. on November 21, 2022. 11 Carried 15.2 Amendment to ECA- Transfer Station Automatic Gate Resolution # 2022-372 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council requests staff to seek an amendment to ECA to allow the automatic gate to open seven days per week at the yard waste portion of the transfer station to allow citizens access to the yard waste on Sundays. Carried 15.3 Motion to Reconsider Resolution #2022-144 passed at the April 19, 2022 Council Meeting Resolution # 2022-144 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart 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, and in accordance with the end of the COVID-19 pandemic as determined by the provincial government. At this time, the provincial government has stated that Ontario COVID-19 Public Health measures and advice and all remaining measures, directives and orders are to end by April 27, 2022. A hybrid option will continue to be available for individuals who are unable to attend in person citing health or distance concerns. With the provincial statement in mind and as per the town’s Procedural By-Law section 5.3 which reads “Electronic meetings for both open and closed meetings will be permitted in the following circumstances: during a pandemic and in certain emergency situations”, the provincial government’s declaration supports the town’s return to open, in person meetings of council and council committees. AND FURTHER having been advised that the recently approved Hybrid Work Policy could result in staff not being available to attend in person meetings, or to complete other tasks for which in person attendance at 12 town facilities is important, that council requests a staff report outlining revisions to the Hybrid Work Policy that will assure council and the community that staff attendance at town facilities is considered important and often in the best interest of the municipality. Should Southwestern Public Health issue regulations requiring in-person public meetings to cease because of a continuance or reoccurrence of COVID-19, Councillors and staff will return to the full hybrid meeting option for the required period of time specified by public health. Carried Resolution # 2022-373 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Resolution #2022-144 passed at the April 19, 2022 Council Meeting as set out above be reconsidered. Defeated 15.4 Notice of Motion- Procedural By-Law Report Moved by: Councillor Parker THAT Council directs staff to bring back a report in regards to virtual meetings and the current procedural by-law; AND THAT staff compare to other neighbouring municipalities when it comes to extended time away and attending meetings virtually. 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 17.1 By-Law 2022-068 a by-law to amend By-Law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management. 17.2 By-Law 2020-075 To Close and Deem Surplus part of an Alley between Nelson St and Charles St 17.3 By-Law 2022-076 To Close and Deem Surplus Part of an Alley between 6 and 8 John St Resolution # 2022-374 13 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-Law 2022-068, A By-Law to Amend By-Law 2013 being a by-law to designate a certain area as an improvement area and to establish a Board of Management; By-Law 2022-075, A By-Law to Close and Deem Surplus part of an Alley between Nelson St and Charles St, and By-Law 2022-076, A By-Law to Close and Deem Surplus part of an Alley between 6 and 9 John St 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 # 2022-375 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2022-074, to Confirm the Proceedings of the Council Meeting held on Monday, November 14, 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 The Santa Claus Parade is happening this Saturday at 2:00 p.m. The Salvation Army Kettle Campaign kicks off on November 17th at 2:00 p.m. 20. Council Acknowledgement Kyle Pratt, Chief Administrative Officer, presented the outgoing Council with tokens of appreciation. 21. Adjournment Resolution # 2022-376 14 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council meeting of Monday, November 14, 2022 be adjourned at 8:19 p.m. Carried