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230925 Regular Council Meeting Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, September 25, 2023 4:45 PM LPRCA 4 Elm St Tillsonburg 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 Sheena Pawliwec, Director of Finance/Treasurer Johnathon Graham, Director of Operations & Development Cephas Panschow, Development Commissioner Julie Ellis, Deputy Clerk Regrets: Julie Columbus, Director of Recreations, Culture & Parks _____________________________________________________________________ 1. Call to Order Meeting called to order at 4:45 p.m. 2. Closed Session 2 Resolution # 2023-391 Moved By: Councillor Luciani Seconded By: Councillor Spencer THAT Council move into Closed Session to consider the following: OPD 23-38 Water and Wastewater Contract Negotiations Update 239 (2) (d) labour relations or employee negotiations; 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 3. Moment of Silence 4. Adoption of Agenda Resolution # 2023-396 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT the agenda as prepared for the Council meeting of September 25, 2023, be approved noting the Kinsmen presentation was for the Hawkins Bridge. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof None. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2023-397 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT the Council meeting minutes dated September 11, 2023 be approved. Carried 3 7. Public Meetings Resolution # 2023-398 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:06 p.m. Carried 7.1 A05-23 - Application for Minor Variance - 98 North Street East Laurel Davies Snyder, Development Planner, provided an overview of the application. Applicant, Bill Dyck, provided comment in favour of his application to create privacy for his property. David Pathy, a neighbor of the property, appeared in favour of the application. Shawn Reid, a neighbor of the property, appeared in favour of the application. The following resolution was withdrawn: Moved By: Councillor Parker Seconded By: Councillor Luciani A. That the Town of Tillsonburg Committee of Adjustment approve that portion of Application File A05-23, submitted by Anna and Bill Dyck for the lands described as Part Lot 5, Concession 10 (Dereham), 98 North Street East, Tillsonburg, as it relates to: 1. Section 5.1 – Accessory Uses, Buildings, Structures – Table 5.1.1.4 - Regulations for Accessory Buildings and Structures – Lot Coverage, maximum for all accessory buildings and structures, to increase the combined total maximum lot coverage from 50 m2 (538.2 ft2) to 62 m2 (667 ft2) to permit a shed accessory to a residential use. As the proposed variance is: (i) deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning Bylaw No. 3295; 4 (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and, (iv) in-keeping with the general intent and purpose of the Official Plan B. And that the Town of Tillsonburg Committee of Adjustment deny that portion of Application File A05-23, submitted by Anna and Bill Dyck for the lands described as Part Lot 5, Concession 10 (Dereham), 98 North Street East, Tillsonburg, as it relates to: 1. Section 5.1 – Accessory Uses, Buildings, Structures – Table 5.1.1.4 - Regulations for Accessory Buildings and Structures – Height, Maximum, to increase the maximum permitted height of a shed accessory to a residential use from 3.7 m (12.1 ft) to 5.7 m (18.7 ft). As the proposed variance is: (i) not deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) not desirable for the appropriate development or use of the land; and (iii) not in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning Bylaw No. 3295. A revised motion was presented: Resolution # 2023-399 Moved By: Councillor Parker Seconded By: Councillor Luciani A. That the Town of Tillsonburg Committee of Adjustment approve that portion of Application File A05-23, submitted by Anna and Bill Dyck for the lands described as Part Lot 5, Concession 10 (Dereham), 98 North Street East, Tillsonburg, as it relates to: 1. Section 5.1 – Accessory Uses, Buildings, Structures – Table 5.1.1.4 - Regulations for Accessory Buildings and Structures – Lot Coverage, maximum for all accessory buildings and structures, to increase the combined total maximum lot coverage from 50 m2 (538.2 ft2) to 62 m2 (667 ft2) to permit a shed accessory to a residential use. 5 As the proposed variance is: (i) deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning Bylaw No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and, (iv) in-keeping with the general intent and purpose of the Official Plan B. And that the Town of Tillsonburg Committee of Adjustment approve that portion of Application File A05-23, submitted by Anna and Bill Dyck for the lands described as Part Lot 5, Concession 10 (Dereham), 98 North Street East, Tillsonburg, as it relates to: 1. Section 5.1 – Accessory Uses, Buildings, Structures – Table 5.1.1.4 - Regulations for Accessory Buildings and Structures – Height, Maximum, to increase the maximum permitted height of a shed accessory to a residential use from 3.7 m (12.1 ft) to 5.7 m (18.7 ft). As the proposed variance is: (i) deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; and (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning Bylaw No. 3295. Carried Resolution # 2023-400 Moved By: Councillor Rosehart Seconded By: Councillor Parsons THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:28 p.m. Carried 6 7.2 Application for Zone Change ZN 7-22-14 – Town of Tillsonburg (Daycare) Laurel Davies Snyder, Development Planner, provided an overview of the application. Resolution # 2023-401 Moved By: Councillor Spencer Seconded By: Councillor Luciani THAT the Council of the Town of Tillsonburg approve the zone change application ZN7-22-14, whereby the definition of ‘Daycare Centre’ in Section 4.49 of the Zoning By-law is amended by increasing the minimum number of children accommodated from 6 to 7; and, the definition of ‘Day Care, Private Home’ is amended to permit up to six (6) children under the age of thirteen (13); and, that Section 5.13.9 of the Zoning By-law is amended to increase the number of children that can be accommodated in a home daycare from 5 to 6. Carried 8. Planning Reports 8.1 Application for Consent B23-36-7 Clara Ambrus Laurel Davies Snyder, Development Planner, provided an overview of the application. Resolution # 2023-402 Moved By: Councillor Parsons Seconded By: Councillor Rosehart THAT The Council of the Town of Tillsonburg advise the Oxford County Land Division Committee that the Town supports the Application for Consent B23-36-7 to sever lands described as Part of Lot 4, Concession 10 (Dereham), Township of South-West Oxford / Town of Tillsonburg, subject to the following conditions: 1. Drainage assessment re-apportionment be undertaken, pursuant to Section 65 of The Drainage Act, R.S.O., 1990, at the owner’s expense, to the satisfaction of the Township of South-West Oxford. 7 2. The owner shall agree to provide an updated survey to confirm the size of the lot to be severed, to the satisfaction of the Town of Tillsonburg. 3. The owner shall agree to provide a Lot Grading Plan for the lot to be severed to the satisfaction of the Town of Tillsonburg. 4. The owner shall agree, in writing, to satisfy all requirements, financial and otherwise, of the Town of Tillsonburg, regarding the installation of services and drainage facilities, to the satisfaction of the Town of Tillsonburg. 5. The Clerk of the Town of Tillsonburg advise the Secretary- Treasurer of the Land Division Committee that all requirements of the Town of Tillsonburg have been complied with. 6. The Clerk of the Township of South-West Oxford advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Township of South-West Oxford have been complied with. Carried 9. Delegations 9.1 Meredith Maywood, Oxford County - Tourism Oxford Re: Tourism Oxford Presentation Meredith Maywood attended before Town Council to provide a presentation on Tourism within Oxford County. The presentation included an overview of the following: • Role of Tourism Oxford; • Target Audiences; • Tourism Trends; • Product and Partnership information; and • Results of 2022 initiatives. Resolution # 2023-403 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres 8 THAT Council receives the delegation from Meredith Maywood from Tourism Oxford, as information. Carried 9.2 Kinsmen Club, Life Member and Project Chairman, Pat Carroll Re: Hawkins Bridge Pat Carroll attended before Council to speak regarding the Hawkins Bridge project needs. Mr. Carroll provided historical information on Kinsmen Club activities as well as direct work relationships with the Hawkins Bridge. Mr. Carroll further covered the situation of the Bridge and the project proposal that his organization was seeking to complete the work. Mr. Carroll responded to questions from members of Council and spoke to a sense of urgency and seriousness of the project. Jonathan Graham, Director of Operations and Development, explained Purchasing process and liability concerns with the proposed project. Resolution # 2023-404 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart A. THAT Council receives the delegation from Pat Carroll, Tillsonburg Kinsmen Club, as information; and B. THAT Town Policy 5-006: Purchasing Policy be waived to permit staff to execute and enter into a project agreement with the Kinsmen Club for the Hawkins bridge project; and C. THAT staff further be directed to execute any third-party service agreements that may be needed to execute the project as a lead; and D. THAT Council direct that funds be provided via the tax rate stabilization reserve or an alternative funding source to an upset limit $30,000. Carried 10. Presentations 10.1 Professor Cody Groat, Truth and Reconciliation Commission of Canada's 57th Call to Action. 9 Professor Cody Groat attended before Council to speak on Truth and Reconciliation Commission of Canada's 57th Call to Action. The presentation included the following highlights: • Calls to Action overview; • Brief history of The Haudenosaunee Confederacy; • Town of Tillsonburg references; • Hereditary and Elected Governments information; • The Indian Residential School System including greater information on the Mount Elgin Residential School and the Mohawk Institute Residential School; and • Potential Next Steps for Tillsonburg Council. Resolution # 2023-405 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT the presentation by Professor Cody Groat be received as information. Carried 11. Deputation(s) on Committee Reports 11.1 CAO 23-16 Community Health Care Committee Matrix Adjustment Resolution # 2023-406 Moved By: Councillor Luciani Seconded By: Councillor Rosehart A. THAT report titled “CAO 23-16 Community Health Care Committee Matrix Adjustment” be received as information; and B. THAT Council approve the recommendation of the Community Health Care Committee as follows: THAT the Community Health Care Committee recommend that the funding of the non-stipend portions in the amount of $22,350 be shifted to use for housing and accommodation needs for the recruit; 10 AND THAT the Community Health Care Committee be permitted in the future to shift funds laterally within the matrix without requiring individual Council approval as long as the request remains with the allowable overall amount in the matrix. Carried 12. Information Items Resolution # 2023-407 Moved By: Councillor Parsons Seconded By: Councillor Parker THAT the following items be received as information: 12.1 The Honourable Paul Calandra, Minister of Municipal Affairs and Housing Re: Responding to the Housing Affordability Task Force's Recommendations 12.2 Minister of Finance - AMO Conference delegation Carried 13. Staff Reports 13.1 Corporate Services 13.1.1 CS 23-17 Youth Advisory Committee Appointments Resolution # 2023-408 Moved By: Councillor Parker Seconded By: Councillor Parsons A. THAT Report CS 23-17 Youth Advisory Council appointments be received as information; and B. THAT the Youth Advisory Council’s Terms of Reference be amended to allow for a maximum of 14 members; and C. THAT a By-Law to amend By-Law 2023-009, being a by-law to appoint members to Town of Tillsonburg Council Advisory Committees, be brought forward for Council’s consideration. Carried 11 13.2 Economic Development 13.2.1 EDM 23-18 Surplus Land Declaration - East Portions of Coyle Lane Resolution # 2023-409 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres A. THAT report EDM 23-18 titled Surplus Land Declaration – East Portions of Coyle Lane be received; and B. THAT the Coyle Lane Right-of-Way Lands located East of the paved surface, described as an Alley East of Tillson Avenue and South of Lot 266 on Plan 500, be closed; and C. THAT the East portions of the Coyle Lane Right-of-Way, described as an Alley East of Tillson Avenue and South of Lot 266 on Plan 500, 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; and D. THAT a staff report be brought forward for Council’s consideration. Carried 13.2.2 EDM 23-17 Request for Delay in Provision of Community Benefit – 1701 Hwy 3 (McLaughlin) Property Resolution # 2023-410 Moved By: Councillor Luciani Seconded By: Councillor Spencer A. THAT report titled EDM 23-17 Request for Delay in Provision of Community Benefit – 1701 Hwy 3 (McLaughlin) Property be received; and, B. THAT Edwin and Maureen McLaughlin be provided an extension in the period to start and complete construction of the required Event Centre building on the 1701 Highway 3 Property until such time as municipal services are in place to 12 facilitate the development and compatibility issues with the adjacent future industrial areas are addressed; and, C. THAT the extension in the period to start construction of the required Event Centre Building be until December 31, 2024 with completion no later than December 31, 2025 with an update or additional request to Council from Edwin and Maureen McLaughlin being provided no later than June 30, 2024 (6 months in advance of the deadline to start construction). Carried 13.3 Finance 13.3.1 FIN 22-17 - Council Expense Policy Amendments Resolution # 2023-411 Moved By: Councillor Parsons Seconded By: Councillor Rosehart A. THAT report FIN 23-23 Council Expense Policy Amendments be received as information; and B. THAT the red lined amendments to the Council Expense Policy 2-008 be approved, effective September 15, 2023; and C. THAT the change to itemize individual Council Member budgets for supplies, training & workshops be integrated commencing with the 2024 Operating Budget containing an allocation of 20% to the Mayor and Deputy Mayor, respectively, and 12% to each of the five Councillors. Carried 13.3.2 FIN 23-22 2024 Public Budget Survey Results Resolution # 2023-412 Moved By: Councillor Parsons Seconded By: Councillor Rosehart 13 THAT Council receives report FIN 23-22 2024 Public Budget Survey Results as information. Carried 13.4 Operations and Development 13.4.1 OPD 23-37 - Subdivision Road Naming - Rolling Meadows Phase Resolution # 2023-413 Moved By: Councillor Parsons Seconded By: Deputy Mayor Beres A. THAT report titled Subdivision Road Naming – Rolling Meadows be received as information; and B. THAT Council approves “Finch Street”, “Oriole Road”, and “Blue Jay Drive” as road names for the Rolling Meadows subdivision along with the extension of Woodcock Drive. Carried 13.4.2 OPD 23-39 - 2024 Water and Wastewater Master Plan - County of Oxford Review Resolution # 2023-414 Moved By: Councillor Spencer Seconded By: Councillor Luciani A. THAT report titled OPD 23-39 Water and Wastewater Master Plan - County of Oxford Review (by the Town of Tillsonburg) be received as information; and B. THAT staff be directed to issue comments as identified for public record through the County of Oxford’s Water and Wastewater Master Plan public commentary process for official record. Carried 14 13.5 Recreation, Culture and Parks 13.5.1 RCP 23-30 Accessible Parking Expansion - Tillsonburg Community Center Resolution # 2023-415 Moved By: Councillor Parsons Seconded By: Councillor Parker A. THAT report titled “RCP 23-34 Accessible Parking Expansion – Tillsonburg Community Center” be received as information; and B. THAT Staff be directed to convert the eight current non- accessible parking spots that run along the length of the Auditorium’s exterior wall (east parking lot) to 6 accessible parking spots; and C. THAT a By-Law to amend By-Law 2022-011, being a by-law to regulate traffic and the Parking of Motor Vehicles, be brought forward for Council’s consideration. Carried 14. New Business 15. Consideration of Minutes 15.1 Advisory Committee Minutes Councillor Parsons was not present at time of the vote. Resolution # 2023-416 Moved By: Councillor Parker Seconded By: Councillor Spencer THAT Council receives the following as information: • The Community Health Care Committee minutes dated June 7, 2023 • The Economic Development Committee minutes dated August 15, 2023 • The Recreation and Sports Advisory Committee minutes dated September 7, 2023 15 Carried 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws Resolution # 2023-417 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT the following By-Laws be read for a first, second and third and final reading and that the Mayor and Clerk are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 18.1 By-Law 2023-075 Appointing Members to Committees 18.2 By-Law 2023-077 Parking By-Law 18.3 By-law 2023-078 A By-Law to appoint an Interim Treasurer Renato Pullia 18.4 By-Law 2023-079 By-Law to amend Zoning By-Law Number 3295, as amended 18.5 By-Law 2023-080 By-Law to amend Zoning By-Law Number 3295, as amended 19. Confirm Proceedings By-law Resolution # 2023-418 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT By-Law 2023-076, to Confirm the Proceedings of the Council Meeting held on September 25, 2023, be read for a first, second and third and final reading and that the Mayor and the Clerk are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 16 20. Items of Public Interest 21. Adjournment Resolution # 2023-419 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT the Council meeting of September 25, 2023, be adjourned at 9:01 p.m. Carried