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230717 Regular Council Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, July 17, 2023 5:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Gilvesy (Chair) Deputy Mayor Beres Councillor Luciani Councillor Parker Councillor Parsons Councillor Rosehart Councillor Spencer Staff: Kyle Pratt, Chief Administrative Officer Tanya Daniels, Director of Corporate Services/Clerk Cephas Panschow, Development Commissioner Sheena Pawliwec, Director of Finance/Treasurer Johnathon Graham, Director of Operations & Development Julie Columbus, Director of Recreations, Culture & Parks Julie Ellis, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 5:00 p.m. 2. Closed Session Councillor Parker joined at 5:02 pm Resolution # 2023-285 2 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres THAT Council move into Closed Session to consider the following: 2.4.1 EDM 23-06 CLD Phase 1 Environmental Site Assessments - 200 and 248 Broadway Properties 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 239 (2) (j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; and 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 2.4.2 EDM 23.07 CLD Lot 7 Expression of Interest Listing Results and Offers to Purchase 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 2.4.3 CAO 23-12 Work Management Agreement with ERTH 239 (2) (d) labour relations or employee negotiations; and 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried 2.1 Adoption of Agenda 3 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 EDM 23-06 CLD Phase 1 Environmental Site Assessments - 200 and 248 Broadway Properties 2.4.2 EDM 23-07 CLD Lot 7 Expression of Interest Listing Results and Offers to Purchase 2.4.3 CAO 23-12 Work Management Agreement with ERTH 2.5 Back to Open Session 3. Moment of Silence 4. Adoption of Agenda Resolution # 2023-292 Moved By: Councillor Parker Seconded By: Councillor Parsons THAT the agenda for the Council meeting of July 17, 2023, be approved with the following amendment:  Item 16.3 – Notice of Motion from Councillor Parsons Re: Food Truck Fridays be moved to follow Items 10.1 and 10.2, the delegations on the same subject Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof None. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2023-293 Moved By: Councillor Spencer Seconded By: Councillor Luciani THAT the Council meeting minutes dated June 26, 2023, be approved. Carried 4 7. Presentations 7.1 Volunteer Achievement - David Morris Mayor Gilvesy and Joan Weston, Museum, Culture, Heritage and Special Awards Advisory Committee, presented David Morris with the Town's Volunteer Achievement Award in recognition of his outstanding volunteer contributions. 8. Public Meetings 8.1 CP 2023-208 Application for Zone Change - ZN 7-23-03 - 332 Broadway Laurel Davies-Snyder, Planner, Oxford County, attended before Council to provide an overview of the application CP 2023-208 Application for Zone Change ZN-23-03 - 332 Broadway. The Planner answered various questions from members of Council. Applicant Tim Ford attended virtually to express support for the application. John Armstrong appeared in-person to speak in opposition of the application. Mr. Armstrong read in 4 letters he had received and provided copies to the Clerk. Helen Lamos appeared in-person to speak in opposition of the application. Bill Cuddy appeared in-person to speak in opposition of the application. Nancy MacKenzie appeared in-person to speak in opposition of the application. Councillor Parsons and Councillor Rosehart moved a revised motion. Moved By: Councillor Parsons Seconded By: Councillor Rosehart THAT the Council of the Town of Tillsonburg approve the zone change application submitted by Tim Ford, whereby the lands described as LT 616 PL 500; PT LT 615 PL 500 AS IN 229659, Town of Tillsonburg, known municipally as 332 Broadway, are to be rezoned from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Neighbourhood Commercial Zone (NC1-sp)’ to permit two (2) Additional Legal Residential Units (ARU) in an existing single detached residential dwelling subject to site plan approval so that the parking on the north side of the building be provided with a double wide paved driveway, AND that 5 the existing paved portion between the building and the sidewalk on the west side of the building be altered in a way that no vehicle parking be permitted there. After discussion, the mover and seconder withdrew the motion. A deferral motion was presented. Resolution # 2023-294 Moved By: Councillor Parsons Seconded By: Councillor Rosehart THAT Item 8.1 be deferred in order for submission of a revised parking plan: THAT the Council of the Town of Tillsonburg approve the zone change application submitted by Tim Ford, whereby the lands described as LT 616 PL 500; PT LT 615 PL 500 AS IN 229659, Town of Tillsonburg, known municipally as 332 Broadway, are to be rezoned from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Neighbourhood Commercial Zone (NC1-sp)’ to permit two (2) Additional Residential Units (ARU) in an existing single detached residential dwelling. Carried 9. Planning Reports 10. Delegations 10.1 Marcel Rosehart Re: Food Truck Event Marcel Rosehart presented to Council regarding the Food Truck Event. Mr. Rosehart spoke in opposition of the potential Food Truck Event motion and the BIA's proposed event. Mr. Rosehart asked Council to not approve the pilot. Resolution # 2023-295 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council receives the delegation from Marcel Rosehart as information. Carried 6 10.2 Mark Renaud, Downtown Tillsonburg Business Improvement Area Re: Food Truck Fridays Mark Renaud, Downtown Tillsonburg Business Improvement Area, presented to Council regarding Food Truck Fridays. Mr. Renaud's presentation included an overview of food truck history, engagement with membership, and consumer feedback, timeline (five weeks), and plan for the food trucks that are invited to participate (maximum two per date) and location (Avondale Church, moved from original encroachment location of Metro). Mr. Renaud answered various questions from members of Council. Resolution # 2023-296 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives the delegation from Mark Renaud as information. Carried 16.3 Food Truck Pilot - Councillor Parsons Resolution # 2023-297 Moved By: Councillor Parsons Seconded By: Councillor Luciani WHEREAS The Business Improvement Area (BIA) has requested an encroachment permit for Food Truck Fridays in Downtown Tillsonburg; and WHEREAS Town of Tillsonburg By-Law 3666, Being a By-Law to govern the licensing of businesses within the Corporation of the Town of Tillsonburg, does not allow the operation of Food Trucks on any municipal property including, but not limited to road allowances or the Downtown Area or to operate within 150 metres of a food service location; BE IT SO RESOLVED A. THAT the Town of Tillsonburg Council authorize a Pilot Project from July 28th to August 25th, 2023 to allow Food Trucks in the downtown core on Food Truck Fridays within an approved encroachment permit area; and B. THAT a Business License valid until August 25th, 2023, be issued to Food Trucks that are not already licensed, upon inspections from 7 relevant departments at a cost of $210 that are participating in the pilot event; and C. THAT staff provide a summary report in Q1 of 2024 on the pilot program outcomes including any recommendations for permanent changes. Councillor Rosehart called for a recorded vote. Councillor Rosehart – No Deputy Mayor Beres – Yes Councillor Luciani – Yes Councillor Parker – No Councillor Parsons – Yes Councillor Spencer – Yes Mayor Gilvesy – No Carried (4 to 3) 11. Deputation(s) on Committee Reports 12. Information Items Resolution # 2023-298 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Long Point Conservation Authority Minutes dated June 7, 2023, be received as information. Carried 12.1 Long Point Region Conservation Authority Minutes - June 7, 2023 13. Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 23-08 New Town Hall Project Resolution # 2023-299 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Parsons A. THAT report titled CAO 23-08 New Town Hall Project be received as information; B. AND THAT staff be directed to transfer the savings realized from the 2022 and 2023 reduced rent payment at the Corporate Office for the unusable space due to the mould remediation to the Facilities Capital Reserve, to be earmarked for the capital costs of the new Town Hall; C. AND THAT staff be directed to transfer the Town Hall unused funds from 2020 of $25,000 from the Tax Rate Stabilization Reserve to the Facilities Capital Reserve, to be earmarked for the capital costs of the new Town Hall; D. AND FURTHER THAT staff be directed to maintain the same 2023 budget for rent for the Corporate Office for 2024, 2025 and 2026 and transfer any unspent amount in the aforementioned years to the Facilities Capital Reserve, to be earmarked for the capital costs of the new Town Hall. Carried 13.2 Corporate Services 13.3 Economic Development 13.3.1 EDM 23-12 First Quarter Economic Development and Marketing Results Resolution # 2023-300 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres THAT report EDM 23-12 titled First Quarter Economic Development and Marketing Results be received as information. Carried 9 13.3.2 EDM 23-13 Lot 4 on Sandy Court – Approval for Easement and Offer to Purchase Resolution # 2023-301 Moved By: Councillor Parker Seconded By: Councillor Rosehart A. THAT report titled EDM 23-13 Lot 4 on Sandy Court – Approval for Easement and Offer to Purchase be received; and, B. THAT a by-law be brought forward to authorize the Mayor and Clerk to execute all documents required to recognize an existing 12 metre wide corridor used by Hydro One Networks Inc for a hydro pole line through the registration of an easement on Part 2, Plan 41R-7549; and, C. THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an Agreement of Purchase and Sale with E&E McLaughlin Ltd and to execute all documents required to effect a transfer of the property described as Lot 4, Sandy Court. Carried 13.4 Finance 13.4.1 FIN 23-13 - 2023 Levy for the Tillsonburg District Memorial Hospital Resolution # 2023-302 Moved By: Councillor Luciani Seconded By: Councillor Spencer A. THAT report FIN 23-23 titled 2023 Levy for the Tillsonburg District Memorial Hospital be received; and B. THAT a By-Law to provide for the adoption of the 2023 levy on the Tillsonburg District Memorial Hospital be brought forward for Council consideration. Carried 10 13.5 Fire and Emergency Services 13.6 Operations and Development 13.7 Recreation, Culture and Parks 13.7.1 2023 Q1 RCP Operating Department Results Resolution # 2023-303 Moved By: Councillor Parsons Seconded By: Councillor Rosehart THAT report RCP 23-30 titled RCP 2023 Q1 Report be received as information. Carried 13.7.2 RCP 23-31 Updated Fee By-Law 2023 Resolution # 2023-304 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani A. THAT report titled RCP 23-31 2023 Rates and Fees Bylaw Update be received as information; and B. THAT the proposed adjustments to the 2023 Rates and Fees Bylaw reflecting the addition of pickleball programming and soccer field rentals, and amendment to cemetery internment and markers be approved as presented; and C. THAT a By-law to amend Schedule A of By-Law 2022-087 being the Fees and Charges By-law be presented to Council for consideration. Carried 13.7.3 RCP 23-32 Lake Lisgar Waterpark Canteen Renovation Resolution # 2023-305 Moved By: Councillor Parker Seconded By: Councillor Rosehart 11 A. THAT report titled RCP-23-32 Lake Lisgar Waterpark Canteen Renovation Update be received as information; and B. THAT staff be directed to transfer $201,000 funded from the 2022 year-end surplus, to the Facilities Reserve earmarked for the construction costs of the Lake Lisgar Waterpark Canteen Renovation; and C. THAT staff be authorized to execute any necessary documents required to facilitate the project. Carried 13.7.4 RCP 23-33 Bridges Subdivision and Parkland Dedication Moved By: Councillor Luciani Seconded By: Councillor Parsons A. THAT report titled RCP-23-33 Bridges Subdivision Parkland Dedication be received as information; and B. THAT expenses incurred by the developer to relocate the Toboggan Hill not be considered as part of the overall cash in lieu of parkland dedication requirement; and C. THAT the existing lease agreement between the Town and 2407774 Ontario Limited, to operate the Toboggan Hill, be terminated and a new lease agreement for the proposed toboggan hill location not be executed due to liability concerns. Resolution # 2023-306 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Item 13.7.4 be referred back to staff to discuss with the developer alternate options for the Toboggan Hill. Carried 14. New Business 15. Consideration of Minutes 15.1 Committee Minutes 12 Resolution # 2023-307 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council receives the following minutes of Committees as information:  Police Service Board Minutes of May 17, 2023  Economic Development Advisory Committee Meeting of June 13, 2023  Museum, Culture, Heritage & Special Awards Advisory Committee Meeting of June 21, 2023  Recreation and Sports Advisory Committee Meeting of July 6, 2023  Economic Development Advisory Committee Meeting of July 11, 2023 Carried 16. Motions/Notice of Motions 16.1 Reducing Gardens - Councillor Rosehart Resolution # 2023-308 Moved By: Councillor Rosehart Seconded By: Councillor Parker WHEREAS, a Town of Tillsonburg Recreation, Culture & Parks Departmental Service Review was completed by The Clarico Group in April of 2020; and WHEREAS several of the report’s findings recommended the reduction of flower beds and gardens in parkettes; BE IT THEREFORE RESOLVED: A. THAT Staff review recommendations from the 2020 Recreation, Culture & Parks Department Service Review conducted by The Clarico Group pertaining to the reduction of flower beds and gardens; and 13 B. THAT Staff bring back a report to Council identifying cost savings regarding the limiting of the number of flower beds and gardens in the Town. Defeated 16.2 Canada Goose Population - Councillor Luciani Resolution # 2023-309 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT Staff be directed to bring back a report to Council on a program to control the expanding Canada Goose population within the Town of Tillsonburg to help mitigate the negative impacts they have on local residents and park areas. Carried 16.4 Bert Newman Park - Deputy Mayor Beres Resolution # 2023-310 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani A. THAT staff be directed to deploy vandalism reduction tactics within Bert Newman Park and, where possible, increase patrol of the location both from Parks and By-Law Enforcement staff; and B. THAT staff identify the vandalism to the Tillsonburg branch of the OPP and request any additional patrols that could be made available; and C. THAT staff be directed to procure the three gates for Bert Newman Park in accordance with the Town’s Purchasing Policy funded from the 2022 year-end surplus, and report the total costs in the 2022 year-end surplus report; and D. THAT staff consider any other items that could increase the protection of the park within their 2024 budgets; and E. THAT staff review a potential vandalism by-law and enforcement and present a report to Council. 14 Carried 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 2023-057 A BY-LAW to Levy the 2023 Amount Payable for the Tillsonburg District Memorial Hospital 18.2 By-Law 2023-060 A BY-LAW to amend By-Law 2022-087 being a By- Law to provide a schedule of fees for certain municipal applications, services and permits 18.3 By-Law 2023-061 A BY-LAW to amend Zoning By-Law Number 3295, as amended (ZN 7-23-01) 18.4 By-Law 2023-062 A BY-LAW to amend Zoning By-Law Number 3295, as amended (ZN 7-23-02) 18.5 By-Law 2023-063 A BY-LAW to amend Zoning By-Law Number 3295, as amended (ZN 7-23-03) Resolution # 2023-311 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT a By-Law to Levy the 2023 Amount Payable for the Tillsonburg District Memorial Hospital; and A By-Law to amend By-Law 2022-087 being a By-Law to provide a schedule of fees for certain municipal applications, services and permits; and A By-Law to Amend Zoning By-Law Number 3295 (By-Law 2023-061); and A By-Law to Amend Zoning By-Law Number 3295 (By-Law 2023-062) be read for a first, second and 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 15 19. Confirm Proceedings By-law Resolution # 2023-312 Moved By: Councillor Parsons Seconded By: Councillor Rosehart THAT By-Law 2023-054, to Confirm the Proceedings of the Council Meeting held on July 17, 2023, 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. Items of Public Interest 21. Adjournment Resolution # 2023-313 Moved By: Councillor Spencer Seconded By: Councillor Parker THAT the Council meeting of July 17, 2023, be adjourned at 9:00 p.m.