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220524 Regular Council Meeting Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Tuesday, May 24, 2022 5:00 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 Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Ann Wright, Deputy Clerk Shayne Reitsma, Manager of Engineering David Drobitch, Parks & Facilities Manager Richard Sparham, Manager of Public Works _____________________________________________________________________ 1. Call to Order Chair, Deputy Mayor Beres called the meeting to order at 5:00p.m. and went directly into closed session. 2. Closed Session 5:00 P.M. 2 Resolution # 2022-161 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider four matters of 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 Previous Closed Session 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 2.4.3 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board 2.4.4 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board 3. Moment of Silence 6:00 P.M. 4. Adoption of Agenda Resolution # 2022-162 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Agenda as prepared for the Council meeting of May 24, 2022, be approved. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests declared. 3 6. Adoption of Council Minutes of Previous Meeting Resolution # 2022-163 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the minutes from the regular council meeting held on May 9, 2022, be approved. Carried 7. Presentations 7.1 Station Arts Centre Presentation to Council from Gale Connor Gale O'Connor, Tabitha Verbuyst and Heather Lockert were in attendance and present a beautiful quilt made by Gale O'Connor to the Town in celebration of the Town's 150 anniversary of Incorporation. Resolution # 2022-164 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT the Council for the Town of Tillsonburg receives the presentation from Gale Connor. Carried 8. Public Meetings 8.1 Consideration of Municipal Drain Report - A.J. Smith Drain Council considered the report as prepared by Spriet Associates dated March 22, 2022 and shall gave opportunity to any person who owns lands within the area requiring drainage who have not signed the petition an opportunity to do so. Brandon Widner, Engineer from Spriet Associates in attendance to present the Engineer’s Report. Peter Penner, President/ Project Manager from CJDL Consulting engineers present to speak on behalf of the developer. Questions from affected Property Owners: 4 Peter Lizak, 78 Queenston Dr., Kitchener was in attendance and had questions for the engineer regarding the purpose of Closing the drain. His concern what whether the change with the drain would affect his property. Ronal Pattyn, 253 Rokeby Road, was in attendance and was concerned with the size of the buffer zone between his property and the abutting were the drain proposed. Ron Vanderhaeghe, 247 Rokeby Road was in attendance to express his concerned about the health of the trees left existing He noted that he is okay with the proposed drain they just want privacy. Mayor Molnar requested a recorded vote. Resolution # 2022-165 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council accepts the Engineers report submitted by Spriet Associates dated March 22, 2022 in reference to the A.J Smith Drain and will consider a by-law to provide for the drainage works, for the 1st and 2nd reading only, later on in the agenda. Mayor Molnar - IN FAVOUR Councillor Rosehart - OPPOSED Councillor Parker - OPPOSED Councillor Luciani - IN FAVOUR Councillor Gilvesy - OPPOSED Councillor Esseltine - IN FAVOUR Deputy Mayor Beres - IN FAVOUR Carried 5 Resolution # 2022-166 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the following two Council members be appoint to the Court of Revisions to be held at a future Council date: Deputy Mayor Beres and Councillor Esseltine. Carried Resolution # 2022-167 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:53 p.m. Carried 8.2 Minor Variance Application A08-22 at 79 Woodland Crescent 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. Agent Trevor Benjamins, Associate Planning Technician from CJDL Consulting Engineers will be in attendance on behalf of the applicant John Peters and is in favour of the Planning report. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-168 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Town of Tillsonburg Committee of Adjustment approves Application File A08-22 submitted by Johan Peters, for lands described as Part of Block 86, Plan 41M-139, Part 4 of 41R-10084 in the Town of Tillsonburg, as it relates to: 6 1. Relief from Section 7.5.23.2.1.1, R2-23 Zone Provisions – Lot Coverage, Maximum, to increase the maximum permitted lot coverage from 45% of the lot area to 47.5% of the lot area, to facilitate the construction of a single detached dwelling. Subject to the following condition: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Carried Resolution # 2022-169 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:59 p.m. Carried 9. Planning Reports 9.1 Potters Gate Phase 4 - Minor Zoning Modification Request Resolution # 2022-170 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives the request from Potters Gate Phase 4, Minor Modifications to Zoning as information; AND FURTHER THAT Council affirm that the requested changes are appropriate and minor in nature and further notice is not required in accordance with Section 34 (17) of the Planning Act. Defeated 10. Delegations 10.1 a+Link Architecture inc Presentation RE: New Public Sector Standard & the Tillsonburg Community Centre 7 Ed van der Maarel from a+LiNK Architecture was in attendance (virtually) and presented proposed designs for the Tillsonburg Community Centre Mayor Molnar left the meeting. Resolution # 2022-171 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the Council for the Town of Tillsonburg receives the presentation by Ed van der Maarel from a+LiNK Architecture regarding the new Public Standard (PSAB STANDARD PS-3280) and the Tillsonburg Community Centre; AND FURTHER directs staff to proceed to the final design and tendering process. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 13. Information Items 13.1 Oxford County RE Transportation Master Plan Update and OR 4 Corridor Study 13.2 Ministry of the Solicitor General - Conclusion of COVID-19 Enforcement Support Line Resolution # 2022-172 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the information item from Oxford County dated April 29, 2022 and from the Ministry of the Solicitor General dated May 13, 2022, be received as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Corporate Services 8 14.2.1 CS-22-11 THI Staff Report Council had a number of questions they would like answers to before they can consider the provided MOUD and amending THI by-law and asked staff to report back to Council before the THI Annual General Meeting. Resolution # 2022-173 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT consideration to proposed resolution #13 regarding report CS 22-11 THI Staff Report be deferred and that staff be directed to bring back a report. Carried 14.3 Economic Development 14.3.1 EDM 22-13 Tillsonburg Historical Society Request for Indigenous Recognition Signage Resolution # 2022-074 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council approve the Tillsonburg Historical Society’s request for the addition of signage identifying the access to the Tillsonburg Minor Soccer Club as Attawandaron Way; AND THAT the wayfinding signage be located either on the 275 Quarter Town Line property owned by the Town or within the adjacent Quarter Town Line Right-of-Way; AND THAT an information report be brought back to Council confirming the details of the installation once finalized in conjunction with the Tillsonburg Historical Society and the Tillsonburg Minor Soccer Club. Carried 14.4 Finance 14.4.1 FIN 22-10 - 2022 Final Budget and Tax Rates By-Law Report 9 Resolution # 2022-175 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT a by-law to provide for the adoption of budgetary estimates, tax rates, installment due dates, and to further provide for penalty and interest on default of payment thereof for 2022, be brought forward for Council consideration. Carried 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 22-17 2022 Asset Management Plan for Core Assets Resolution # 2022-176 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council adopts the 2022 Asset Management Plan for Core Assets. Carried 14.6.2 OPD 22-18 Oxford County Joint Transportation Service Delivery Review - Staff Comments Resolution # 2022-177 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT report OPD 22-18 Oxford County Joint Transportation Service Delivery Review – Staff Comments be received as information and sent to Oxford County Council. Carried 14.7 Recreation, Culture and Parks 15. New Business 10 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2022-178 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the following Council Committee minutes be received as information:  May 3, 2022 Tillsonburg 150 Ad Hoc Committee Minutes  May 4, 2022 Cultural, Heritage and Special Awards Committee Minutes  May 10, 2022 Dog Park Advisory Committee Minutes  May 11, 2022 Recreation and Sports Advisory Committee Minutes  May 10, 2022 Economic Development Advisory Committee Minutes  April 27, 2022 Affordable and Attainable Housing Advisory Committee Minutes  May 17, 2022 Boundary Adjustment Committee Minutes Carried 16.2 Conservation Authority Minutes Resolution # 2022-179 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT the minutes of the April 6, 2022 Long Point Conservation Authority meeting be received as information. Carried 17. Motions/Notice of Motions Deputy Mayor's Motion regarding the script honouring Indigenous Peoples on Aboriginal Lands was pulled from consideration due to the fact that he was chairing the meeting, and staff were directed to include it on the next agenda. 11 Deputy Mayor Beres introduced the following motion at the May 9, 2022 Council meeting: THAT the following script be added to the list of approved options for the sitting Head of Council to open public meetings honouring Indigenous Peoples on Aboriginal Lands.: We begin today's meeting by acknowledging that we are meeting on Aboriginal land that has been inhabited by Indigenous peoples from the beginning. As settlers, we are grateful for the opportunity to meet here and we thank all the generations of people who have taken care of this land. We pledge to join with the Indigenous People, both present and future to honour and protect it thus creating harmony and peace. 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2022-039 to provide for the adoption of budgetary estimates, tax rates, installment due dates, and to further provide for penalty and interest on default of payment thereof for 2022 19.2 By-Law 2022-040 to amend By-Law Number 3798, being a by-law to prohibit or regulate signs and other advertising devices and the posting of notices 19.3 By-Law 2022-041 to provide for the drainage works being the J.A Smith Drain Resolution # 2022-180 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT By-Law 2022-039 to provide for the adoption of budgetary estimates, tax rates, installment due dates, and to further provide for penalty and interest on default of payment thereof for 2022; and By-Law 2022-040 to amend By-Law Number 3798, being a by-law to prohibit or regulate signs and other advertising devices and the posting of notices 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; 12 AND FURTHER THAT By-Law 2022-041 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 be read for a first, and second time and provisionally adopted 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 # 2022-181 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT By-Law 2022-038, to Confirm the Proceedings of the Council meeting held on May 24, 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  June 16, 2022 Regular Council meeting at 6:00 p.m.  Chris Baird Director of Recreation, Culture and Parks Retirement Recognition 22. Adjournment Resolution # 2022-182 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Council meeting of May 24, 2022 be adjourned at 8:36 p.m. Carried