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240226 Council Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, February 26, 2024 5:00 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 Julie Columbus, Director of Recreations, Culture & Parks Cephas Panschow, Development Commissioner Johnathon Graham, Director of Operations & Development Renato Pullia, Director of Innovation and Strategic Iniativies and Interim Director of Finance/Treasurer Julie Ellis, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 5:00 p.m. 2. Closed Session (5:00 p.m.) 2 Resolution # 2024-089 Moved By: Councillor Spencer Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider the following: 2.1 CAO Annual Performance Review 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees; 2.2 CLD-EDM-24-003 - Project Big Swing - Waiving of Conditions 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. Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Minutes 2.4 Reports 2.4.1 CAO Annual Performance Evaluation 2.4.2 CLD-EDM-24-003 - Project Big Swing - Waiving of Conditions 2.5 Back to Open Session 3. Moment of Silence Mayor Gilvesy read in the Land Acknowledgement. Council provided comments regarding the recent passing of former Council Member and Mayor Brenda Carroll. 3 4. Adoption of Agenda (6:00 p.m.) Resolution # 2024-096 Moved By: Deputy Mayor Beres Seconded By: Councillor Spencer THAT the Agenda as prepared for the Council meeting of February 26, 2024, be approved with the addition of Agenda Item 10.1 – Delegation from the Tillsonburg Kinsmen regarding the 2024 Kinsmen Easter Egg Hunt. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest. 6. Adoption of Council Minutes of Previous Meeting Council took a brief recess from 6:06 to 6:11 p.m. Resolution # 2024-097 Moved By: Councillor Rosehart Seconded By: Councillor Parsons THAT the Council Meeting Minutes dated February 12, 2024, be approved. Carried 7. Presentations 8. Public Meetings 8.1 EDM-24-006 - Revised Community Improvement Plan Cephas Panschow, Development Commissioner, attended before Council to provided an overview of EDM-24-006 and answer various questions from Members of Council. Mr. Pratt, CAO, provided comments and confirmed the item is planned to be on the upcoming Affordable and Attainable Housing Advisory Committee meeting prior to returning to Council for final ratification. Resolution # 2024-098 Moved By: Councillor Rosehart Seconded By: Deputy Mayor Beres 4 A. THAT report EDM 24-004 titled Revised Community Improvement Plan be received; and, B. THAT the revised Community Improvement Plan be approved subject to any final revisions/additions to be considered at the Public Meeting noting to strike 'whichever is later' in section 3 and a review of the backlfow implications; and, C. THAT a bylaw be brought forward for consideration. Carried 8.2 A07-23 - Application for Minor Variance (2,4 and 6 Greenhill Drive) Laurel Davies Snyder, Oxford County Planner, attended for the Committee of Adjustments to provide an overview of A07-23 - Application for Minor Variance (2,4, and 6 Greenhill Drive). There was no one present to speak in favour of or in opposition to the application. Resolution # 2024-099 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:28 p.m. Carried Moved By: Councillor Spencer Seconded By: Councillor Parker THAT the Committee of Adjustment approve Application File A07-23, submitted by 2407774 Ontario Limited for lands described as Lot 18 Plan 41M-395 in the Town of Tillsonburg as it relates to: 1. Relief from Section 8.6.22.2.2 – Exterior Side Yard, Minimum Width, to reduce the minimum required side yard width from 4.5 m (14.8 ft) to 2.8 m (9.2 ft); 5 2. Relief from Section 8.6.22.2.4 – Rear Yard, Minimum Depth, to reduce the minimum required rear yard depth from 6.0 m (19.7 ft) to 4.9 m (16.1 ft); 3. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections into Required Yards – to reduce the minimum required exterior side yard setback for a covered deck from 3.0 m (9.8 ft) to 1.3 m (4.3 ft); 4. Relief from Section 5.37.1 Permitted Projections Into Required Yards – Table 5.37.1 - Permitted Projections into Required Yards – to reduce the minimum required rear side yard setback for a covered deck from 7.5 m (24.6 ft) to 3.8 m (12.5 ft). Subject to the following conditions: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. ii. That the proposed relief shall only apply to the construction of a three-unit townhouse dwelling and covered decks of the general size and location as illustrated on Plate 4 of Report CP 2024-32. Carried Moved By: Councillor Luciani Seconded By: Councillor Spencer THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:38 p.m. Carried 9. Planning Reports 10. Delegations 10.1 Tillsonburg Kinsmen re: 2024 Kinsmen Easter Egg Hunt Cedric Tomico, Tillsonburg Kinsmen Member, attended before Council to provide a presentation on the Kinsmen Club of Tillsonburg's Easter Egg Hunt occurring on March 30th 2024. Mr. Tomico requested financial support of approximately $209.40 from Council to cover the facility and park rental fees for the 2024 event and all future years of the Easter Egg Hunt. 6 Resolution # 2024-100 Moved By: Councillor Parker Seconded By: Councillor Rosehart A. THAT Council receives the delegation from the Tillsonburg Kinsmen as information; and B. THAT the 2024 fees associated for the memorial park rental be donated to the Kinsman of Tillsonburg from the tax rate stabilization reserve. Carried 11. Deputation(s) on Committee Reports 12. Information Items 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Corporate Services 13.3 Economic Development 13.3.1 EDM-24-003 - Community Improvement Plan Application – 150 Vienna Road Property Cephas Panschow, Development Commissioner, provided an overview of EDM24-003 regarding a Community Improvement Plan Application for 150 Vienna Road. Resolution # 2024-101 Moved By: Councillor Parker Seconded By: Councillor Parsons A. THAT Council receives report titled EDM 24-003 Community Improvement Plan Application – 150 Vienna Road Property; and B. That 150 Vienna Road property be approved for: a. An Accessibility Renovation Grant in matching funds to a maximum contribution of $3,000; b. A 100% rebate of the building permit fees; and, 7 c. The Tax Increment Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: Years 1 to 6 - 100% rebate of the incremental tax increase Year 7 - 80% rebate Year 8 - 60% rebate Year 9 - 40% rebate Year 10 - 20% rebate with full property taxes being payable in year 11. Carried 13.3.2 EDM-24-007 - Surplus Unopened Right-of-Way Lands South of Wood Haven Drive - Multiple Offers to Purchase Cephas Panschow, Development Commissioner, provided an overview of EDM-24-007 - Surplus Unopened Right-of-Way Lands South of Wood Haven Drive - Multiple Offers to Purchase. Resolution # 2024-102 Moved By: Councillor Luciani Seconded By: Councillor Rosehart A. THAT report EDM 24-007 Surplus Unopened Right-of-Way Lands South of Wood Haven Drive – Multiple Offers to Purchase be received; and B. THAT by-laws be brought forward authorizing the Mayor and Clerk to enter into the following Agreement of Purchase and Sales and to execute any documents required to effect the transfer of seven portions of former Right-of-Way lands; a. Kenneth Agnew and Kimberly Agnew (Lot 16) for lands described as Parts 2 and 3, Plan 41R-10605; b. Harry Ostrander and Elizabeth Ostrander (Lot 15) for lands described as Parts 5 and 6, Plan 41R-10605; 8 c. Timothy Hodgkinson and Deborah Hodgkinson (Lot 14) for lands described as Parts 8 and 9, Plan 41R-10605; d. Dale Lee and Judith Lee (Lot 12) for lands described as Parts 14 and 15, Plan 41R-10605; e. Jason Freeman and Charlene Freeman (Lot 11) for lands described as Parts 17 and 18, Plan 41R-10605; f. Jay Jackson and Lynn Jackson (Lots 33 and 34) for lands described as Part 22, Plan 41R-10605; g. Linda Carpani (Lot 35) for lands described as Part 23, Plan 41R-10605; and, C. THAT the bylaws include authorization for the Town of Tillsonburg to take possession of 1 foot by 1 foot blocks of land along the frontage of the lots along Wood Haven Drive and Ridge Boulevard for the purpose of deeming “a lot not to be a lot” under the Planning Act, thereby enabling the parts being acquired by the property owners to merge with their existing lands and to create a new contiguous parcel of land for each of the properties, and as follows: a. Part 1 on Lot 16 b. Part 4 on Lot 15 c. Part 7 on Lot 14 d. Part 13 on Lot 12 e. Part 16 on Lot 11 f. Parts 19 and 20 on Lots 33 and 34, Ridge Boulevard g. Part 21 on Lot 35, Ridge Boulevard. Carried 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations and Development 13.7 Recreation, Culture and Parks 9 13.7.1 RCP-24-009 - Lake Lisgar Waterpark 2024 Operations Julie Columbus, Director of Recreation, Culture and Parks, attended before Council to provide an overview of RCP-24-009 - Lake Lisgar Waterpark 2024 Operations and answered questions regarding adjustment of staffing wage resources and clarifying lesson impacts to public swims. Resolution # 2024-103 Moved By: Deputy Mayor Beres Seconded By: Councillor Parsons A. THAT report titled RCP 24-009 Lake Lisgar Waterpark 2024 Operations be received as information; and B. THAT the Town of Tillsonburg supports the amended hours for Lake Lisgar Waterpark for the 2024 season as outlined in the report in order to provide aquatic program offerings such as swimming lessons and water fitness while the indoor pool is closed for renovations. Carried 13.7.2 RCP-24-012 - Pickleball and Tennis Court RFP Julie Columbus, Director of Recreation, Culture and Parks, attended before Council to provide an overview RCP-24-012 - Pickleball and Tennis Court RFP and answered questions from Members of Council. Director Columbus answered various questions from Members of Council. Resolution # 2024-104 Moved By: Councillor Parker Seconded By: Councillor Luciani A. THAT report titled RCP 24-012 Pickleball and Tennis Court RFP be received as information; and B. THAT Court Surface Specialists be awarded the tender for a total of $296,705 + HST, inclusive of: i. $200,500.00 +HST for the design, supply and install of 3 pickleball courts; and 10 ii. $ 96,205.00 +HST for the resurfacing of 3 tennis courts Carried 13.7.3 RCP-24-014 - Lake Lisgar Canteen Project Update Julie Columbus, Director of Recreation, Culture and Parks, attended before Council to provide an overview RCP-24-014 - Lake Lisgar Canteen Project Update and answered Councillor Parsons questions regarding completion of the Canteen. Resolution # 2024-105 Moved By: Councillor Spencer Seconded By: Councillor Parsons A. THAT report titled RCP 24-014 Lake Lisgar Canteen Renovation Budget Update be received as information; and B. THAT the budget overage of $49,674 + HST for capital project 698 LLWP Canteen Reno be hereby approved and be funded from the Facilities Reserve; and C. THAT the LLWP Canteen Reno project construction project be awarded to PK Construction for $231,474 + HST. Carried 13.7.4 RCP-24-015 - TCC Renovation Update Julie Columbus, Director of Recreation, Culture and Parks, attended before Council to provide an overview RCP-24-015 - TCC Renovation Update and outlined cost allocations connected to the project. Director Columbus answered questions regarding funding deficits noting either 2023 Surplus or Facilities Reserve options that may be needed to complete the project. Resolution # 2024-106 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT report RCP 24-015 titled TCC Renovation Update be received as information. 11 Carried 14. New Business 15. Consideration of Minutes 15.1 Advisory Committee Minutes Resolution # 2024-107 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT the following Advisory Committee minutes be received as information:  Youth Advisory Committee Meeting Minutes dated February 7, 2024  Traffic Advisory Committee Meeting Minutes dated February 15, 2024 Carried 16. Motions/Notice of Motions 16.1 Councillor Parker - Grants Policy Councillor Parker presented a revised wording for the Motion. Councillor Parsons was absent at the time of the vote. Resolution # 2024-108 Moved By: Councillor Parker Seconded By: Councillor Rosehart A. THAT the establishment of a Town Grant Committee be reviewed and included within a report to Council on Clerks resources (Q2); and B. THAT the Clerk be directed to review Procedure By-law updates for donation requests from delegations. Carried 17. Resolutions/Resolutions Resulting from Closed Session 12 18. By-Laws Councillor Parsons was not present at the time of the vote. Resolution # 2024-109 Moved By: Councillor Luciani 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 the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 18.1 By-Law 2024-018 A BY-LAW to amend By-Law 2023-017 to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA) Established by The Corporation of the Town of Tillsonburg. 18.2 By-Law 2024-019 A BY-LAW to amend By-Law 4255, A By-Law to control noise in the Town of Tillsonburg 18.3 By-Law 2024-020 A BY-LAW to close the Unopened Right-of-Way, known as a Road Allowance south of Ridge Boulevard and Wood Haven Drive and deem lands surplus to needs of the Town Carried 19. Confirm Proceedings By-law Resolution # 2024-110 Moved By: Councillor Parker Seconded By: Councillor Spencer THAT By-Law 2024-021, A By-Law to Confirm the Proceedings of the Council Meeting held on February 26, 2024, 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 13 Resolution # 2024-111 Moved By: Councillor Rosehart Seconded By: Deputy Mayor Beres THAT the Council meeting of February 26, 2024, be adjourned at 7:40 p.m. Carried