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170508 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Jim Hayes Councillor Penny Esseltine Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, May 08, 2017, be adopted. Carried 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 08, 2017 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Agenda - 2 - 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 24, 2017 170424 Council MIN Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of April 24, 2017, be approved. Carried 6. Delegations and Presentations 6.1. NHL Centennial Fan Arena Presented By: Brad Martin - Kinsmen President Kinsmen Delegation Request, Council May 8 NHL Centennial Fan Arena Informational Promo NHL Centennial Fan Arena Sponsorship Opportunities Colin Campbell Endorsement Letter, NHL_Arena_Rotated Brad Martin provided an overview of the event. Council were given the opportunity to ask questions. Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council supports the request from the Kinsmen Club of Tillsonburg for the NHL Centennial Fan Arena event as follows: THAT Council contributes $10,000 from General Reserves to the Kinsmen Club of Tillsonburg; AND THAT all facility rental fees and permit fees be waived for the event; AND THAT the Town’s insurance policy is extended to cover the event and name Tillsonburg Kinsmen Club as additional insured; AND THAT Town staff facilitate road closures and printing maps of premises to layout the event; Council Meeting – Agenda - 3 - AND THAT Town staff support be provided to ensure cleanliness of premises, setting up of road barricades, picnic tables in food vendor area during the weekend of the event; AND THAT the use of electrical and internet systems be provided to run NHL trucks and interactive portions of the Fan Arena; AND THAT an outside water source be provided to fill ballasts to hold down NHL tents and the entry arch; AND FURTHERMORE THAT council direct Senior Leadership Team to provide any and all additional requirements to facilitate a successful event. Carried Special Shareholder Meeting, Tillsonburg Hydro Inc. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council moves into a Special Meeting of the Shareholder of Tillsonburg Hydro Inc. Carried Resolution #5 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT, in accordance with Section 10.7 (waiver of notice) of Tillsonburg Hydro Inc. By- Law 1A, the Shareholder hereby waives notice of a Shareholders Meeting for the purpose of hearing a Tillsonburg Hydro Inc. Update. Carried 6.2. Tillsonburg Hydro Inc Update Presented By: John Gilvesy, Chair, THI Board of Directors and Michael Desroches, General Manager, THI 2017 THI Board Chair Report to Council 2017 THI Board Chair Update to the Shareholder Council Meeting – Agenda - 4 - John Gilvesy, Chair THI provided an overview of the Hydro Company. Council was given the opportunity to ask questions. It was noted that a subcommittee of Council and the Shareholder are currently reviewing the MSA and MOUD. Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the Tillsonburg Hydro Inc. Update as information. Carried Resolution #7 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Shareholders Meeting be adjourned and that the Council Meeting is hereby resumed. Carried 7. Committee Reports & Presentations 8. Public Meetings Resolution #8 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council move into Committee of Adjustment to hear an application for Minor Variance at 7:15 p.m. Carried 8.1. Application for Minor Variance A-01/17- Barry & Diann Propper, 32 North St E. CP Report 2017-119 Report Attachments Application A-01/17 Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report CP 2017-119 for the application of Minor Variance A-01/17 Opportunity was given for comments and questions. The applicant was in attendance and confirmed agreement with the planners report. Council Meeting – Agenda - 5 - No other persons appeared either in favour or against the application. Council passed the following resolution: Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Tillsonburg Committee of Adjustment approves Application File A-01/17, submitted by Barry & Diann Propper, for lands described as Lot 18, Plan 1062, Town of Tillsonburg, as it relates to relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to increase the maximum permitted lot coverage from 100 m2 (1,076.4 ft2) to 113 m2 (1216 ft2) to permit the construction of a detached accessory building; Subject to the condition that a building permit for the proposed accessory building shall be issued within one year of the date of the Committee’s decision. Carried Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council move out of Committee of Adjustment and move back into regular session at 7:22 p.m. Carried 8.2. Application for Zone Change- ZN 7-17-03 (Curtis-Wilcox) 83 Rolph Street CP 2017-120 Report Attachments Application Form Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report CP 2017-120 regarding the application for Zone Change ZN 7-17-03. The Applicant Shane Curtis appeared before Council and presented a brief overview of the proposal. Opportunity was given for Council to ask questions. Opportunity was given for comments and questions from the public. Brian Fathers appeared before Council and spoke regarding his concern for future development expansion into the vacant green space and requested how calculations for density were determined on the unusable green space. Council Meeting – Agenda - 6 - Eric Gilbert, Senior Planner, provided a response – The Official Plan determines calculations, non-buildable space is excluded from the calculations. Melissa Tunks appeared before Council and provided concerns regarding additional traffic on Valley View Lane. Staff have noted the comment and it will be looked at during site plan control. Terry Bourne appeared before Council and requested information on the Heritage designation and how it will be impacted by the by-law and noted concerns regarding additional impact to water and sewer requirements. The applicant responded to the concerns. The Heritage designation will be respected and noted that the studies indicate that there would be less capacity for water and sewer for this development then for the former use. There was also a concern regarding a possible future addition down the road and the impact that would have on the parking requirements. Lonnie Bowlby appeared before Council and requested information on the gymnasium addition and the intent for that exterior regarding the heritage look. The applicant responded with comments that there would be additional features added to portions of the gymnasium and the not designated portion of the heritage building to maintain the heritage site. Lidia Tromp requested that the public be able to review the blue prints prior the development moving forward. The applicant indicated that the designs and site plan control plan will be done following the completion of the zone change. Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Tillsonburg Council approves the Zone Change Application submitted by 2117846 Ontario Inc (Curtis-Wilcox), whereby the lands described as Lot 761, Part of Lots 763 & 764A, Plan 500, known municipally as 83 Rolph Street, are to be rezoned from ‘Minor Institutional Zone (IN1)’ to ‘Special Entrepreneurial Zone (EC-9)’ to facilitate the residential conversion of a former public school. Carried 9. Planning Applications Council Meeting – Agenda - 7 - 10. Information Items 10.1. Lincoln M. Alexander Award Call for Nomination Letter 11. Mayor 12. Quarterly Reports Council moved up item 13.6. Operations, to accommodate individuals present in the gallery. 13.6 Operations 13.6.1 OPS 17-14 Wood Haven Subdivision Sidewalks OPS 17-14 Wood Haven Subdivision Sidewalks OPS 17-14 Attachement 1 - Resident Petition April 3, 2017 Concerns from residents were that decorative driveways would be impacted and that reduced green space was not desirable. Securities are currently in place to provide for sidewalk construction however the calculations were done in 2006 and would not be adequate for today’s standards. Resolution #14 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam That the Woodhaven subdivision agreement dated November 28, 2006, be amended to delete the requirement that sidewalks be required in the shaded area as referenced in the Report OP 17-14, subject to agreement with the Developer. Carried Council took a recess at 8:40 p.m. Council resumed session at 8:47 p.m. 14 Reports from Departments 14.6 Chief Administrative Officer 14.7 Clerk’s Office 14.8 Development and Communication Services Council Meeting – Agenda - 8 - 14.9 Finance 14.9.1 FIN 17 - 12 Final Tax Levy FIN 17-12 FINAL Tax Levy By-Law 2017 Final Levy Bylaw Resolution #12 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives Report FIN17-12 2017 Budgetary Estimates and Tax Rates; AND THAT By-Law 4106 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 2017 be brought forward for Council consideration. Carried 14.9.2 FIN 17-13 Reserve Policy FIN 17 -13 Consolidated Reserve Report By-Law 4107 Reserve Policy FIN 17 - 05 Resolution #13 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report FIN 17-13 Reserve Policy; AND THAT Council approves the direction of the individual Reserves that are established therein; AND FURTHER THAT By-Law 4107 - Reserve Policy be brought forward for Council consideration. Carried 14.10 Fire and Emergency Services 14.11 Recreation, Culture & Park Services 14.11.1 Report RCP 17-29 – Awarding 2017 Roofing Project Tender Report RCP 17-29 - Awarding 2017 Roofing Project Tender Council Meeting – Agenda - 9 - Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 17-29 – Awarding 2017 Roofing Project Tenders; AND THAT Council partially award RFT2017-004 to Northeastern Roofing Inc. for their negotiated price of $185,508.48 net of applicable taxes to restore three sections and replace one section of roof at the Tillsonburg Community Centre; AND THAT the project be funded with $167,500 in debt and $18,008.48 from reserves. Carried 14.11.2 RCP 17-30 – Celebration Plaza Amended Project RCP 17-30 - Celebration Plaza Amended Project RCP 17-28 - Awarding RFP2017-003 Celebration Plaza RCP 17-28 - Supplementary Resolution #16 Moved By: Councillor Hayes Seconded By: Councillor Rosehart Deferred Motion, from the April 18, 2017 Special Council Meeting: Moved by: Councillor Hayes Seconded By: Councillor Rosehart THAT Report RCP 17-28 - Awarding RFP2017-003 Celebration Plaza is received; AND THAT Council awards RFP2017-003 Celebration Plaza to Euro Landscape Construction & Grounds Inc. at a cost of $235,000.00 including applicable taxes. Withdrawn It was noted that the location of the band shell may need to be shifted in order to avoid direct sun light obstructing the view of the stage. Resolution #17 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Report RCP 17-30 – Celebration Plaza Amended Project is received; Council Meeting – Agenda - 10 - AND THAT Council approve the partial award of RFP2017-003 Celebration Plaza to Euro Landscaping Group Inc. to construct a plaza, platform, band shell & reduced scope gateway at a negotiated cost not to exceed $262,526.17 before applicable taxes; AND THAT Council authorize staff to proceed with the pathway from Sanders Street to the pedestrian bridge including the sculpture circle without any lighting at a cost not to exceed $30,000; AND THAT Council authorize staff to have an electrical panel installed near the band shell at a cost not to exceed $15,000; AND THAT Council authorize the use of up to $56,700 in Development Charges to partially fund the pathway and structure components of the project. Councillor Adam called for a Recorded Vote: NAME VOTE IN FAVOUR VOTE AGAINST Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Councillor Hayes x Mayor Molnar x Councillor Rosehart x Councillor Stephenson x The recorded vote reflects the vote is 6 in favour of the Motion and 1 against the Motion. The motion is "Carried" 15 Unfinished Business 16 Staff Information Reports 17 Committee Minutes & Reports 17.6 Committee Minutes 170314 Development MIN 170403 Canada 150 MIN 170425 Canada 150 MIN Council Meeting – Agenda - 11 - 170406 HBC MIN 170418 Mem Park Com MIN 170427 Museum MIN Resolution #18 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Minutes of the Development Committee dated March 14, 2017, the Canada 150 Committee dated April 3 and 25, 2017, the Heritage, Beautification and Cemetery Committee dated April 6, 2017, the Memorial Park Committee dated April 18, 2017, and the Museum Advisory Committee dated April 27, 2017 as information. Carried 18 Notice of Motions 19 Resolutions 20 Resolutions Resulting from Closed Session 21 By-Laws By-Laws from the Meeting of Monday, May 08, 2017 Resolution #19 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 21.6 THAT By-Law 4104, to Amend Zoning By-Law 3295, (ZN 7-17-03, Curtis-Wilcox) Schedule A; and By-Law 4106 , to Provide for the Adoption of Budgetary Estimates, Tax Rates and for Penalty and Interest in Default of Payments for 2017; and By-Law 4107, to Adopt a Town of Tillsonburg Reserve Policy and to Repeal By-Law 3779, 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 Resolution #20 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson 21.7 THAT By-Law 4105, to Confirm the Proceedings of the Council Meeting of May 8, 2017, be read for a first, second, third and final reading and that the Mayor and the Council Meeting – Agenda - 12 - Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 22 Items of Public Interest May 28, 2017 at 10:30 a.m., the Tillsonburg Multi-Service Centre will host a Trail Walk & Run where some of the proceeds will be donated to the Parkinson Society Southwestern Ontario. 23 Adjournment Resolution #21 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, May 08, 2017 be adjourned at 10:17 p.m. Carried