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170612 Council MIN= ATTENDANCE Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Regrets: Mayor Stephen Molnar, Councillor Brian Stephenson, Councillor Maxwell Adam Staff: David Calder, CAO Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Tricia Smith, Deputy Clerk Regrets: Donna Wilson, Town Clerk 1. Call to Order The meeting was called to order at 6:01 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, June 12, 2017, be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, June 12, 2017 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting Minutes, June 12, 2017 - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of May 23, 2017 170523 Council MIN Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of May 23, 2017, be approved. Carried 6. Delegations and Presentations 7. Committee Minutes & Reports Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:05 p.m. Carried 8. Public Meetings 8.1. Application for Minor Variance - A-03/17 - JV Inc., 35 Harvey Street A-03/17 Report Report Attachments A-03/17 Application Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-03/17 for the application for Minor Variance. Opportunity was given for comments and questions. No member of the public appeared in support of or in opposition to the application. Council Meeting Minutes, June 12, 2017 - 3 - Council passed the following resolution: Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Tillsonburg Committee of Adjustment approves Application File A-03/17, submitted by JV Inc., for lands described as Part Lot 1106, Plan 500, in the Town of Tillsonburg, as it relates to relief from Section 13.2, Table 13.2 – Central Commercial Zone Provisions, to decrease the minimum required amenity area from 40 m2 per dwelling unit to nil, to facilitate the creation of 2 residential units on the upper floor of an existing commercial building, subject to the condition that a building permit for the proposed dwelling units shall be issued within one year of the date of the Committee's decision. Carried 8.2. Application for Minor Variance - A-04/17 - Simon Wagler, 3 Maple Lane A-04-17_Report Report Attachments A-04-17 Application Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-04/17 for the application for Minor Variance. Opportunity was given for comments and questions. Concern was expressed regarding the drainage of the property and impact on neighbouring properties. The Development Planner indicated that the Town did review and approve the lot grading and drainage for the application. Dave Mendler appeared before council and indicated that he is not opposed to the application and did not have any concerns in relation to drainage on the property. Mr. Mendler noted that a swale is located between the proposed dwelling and his property which prevents any ponding of water on his property or on the lot behind his house. Jacob Wagler, representing applicant Simon Wagler appeared before council in support of the application. He noted that drainage issues were addressed at the time of severance of the property. Council Meeting Minutes, June 12, 2017 - 4 - Mr. Wagler understood that the four pine trees on the south side of the property line would be removed and would support this. Greg D’Hustler appeared before council and commented on the proposed retaining wall to be installed around the 4th tree and expressed concerns regarding the appearance of the retaining wall, maintenance in this area and possible damage to the tree. Mr. D’Hustler asked if it would be more cost effective to remove the tree. Discussion took place regarding the removal of all four trees on the south property line. The Development Planner noted that a condition would be applied to the application that an arborist be brought in if the fourth tree was to remain to determine if the tree would survive the construction of the retaining wall. Mr. Wagler agreed to remove the four pine trees on the property. No other member of the public appeared in support of or in opposition to the application. Council passed the following resolution: Resolution #5 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Tillsonburg Committee of Adjustment approves Application File A-04/17, submitted by Simon Wagler, for lands described as Part Block A, Plan 507, Part 2 of 41R-9244, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of a ‘R1’ zoned lot from 33% to 34.7% of the lot area; and 2. Relief from Section 6.2, Table 6.2 – Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 10.5 m (34.5 ft), to facilitate the construction of a single detached dwelling, subject to the condition that all four trees be removed on the south property line and that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Carried Council Meeting Minutes, June 12, 2017 - 5 - Resolution #6 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT Council move out of the Committee of Adjustment and move back into regular session at 6:29 p.m. Carried 9. Planning Applications 9.1. Application for Condominium Conversion - Sireg Property Management - CD 17-02-7 - 183 Lisgar Avenue CD 17-02-7 Report Report Attachments Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report CD 17-02-7 for the application for Condominium Conversion. Bernie Divona, representing Sireg Property Management responded to questions of council. Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Hayes THAT Council advise the County of Oxford that the Town supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 17-02-7) as applies to lands consisting of Part Lot 94, Lot 93, Plan M25, Parts 3, 5, 6 & 7, Plan 41R- 1397, Town of Tillsonburg, subject to the conditions of draft plan approval as contained in CP Report 2017-175. Carried 10. Information Items 11. Mayor 12. Quarterly Reports Council Meeting Minutes, June 12, 2017 - 6 - 13. Reports from Departments 13.1. Chief Administrative Officer 13.2. Clerk’s Office 13.2.1. CL 17-14 - Enabling Accessibility Fund Project Proposal CL 17-14, Enabling Accessibility Fund Government Call for Proposals Discussion took place regarding the proposed project and options for the application submission. Staff to report back to council on the overall project in the event of a successful application. Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Hayes THAT Council receives Report CL 17-14, Enabling Accessibility Fund Project Proposal, as information; AND THAT Council authorizes the submission of an application for the proposed project. Carried 13.3. Development and Communication Services 13.3.1. DCS 17-20 - Building Inspector I - Business Case DCS 17-20 - Building Inspector I - Business Case Business Case - Building Inspector I Resolution #9 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DCS 17-20 - Building Inspector I - Business Case as information; AND THAT Council continues to support the requirements set in the Ontario Building Code Act to ensure adequate staffing are in place to administer the Ontario Building Code; Council Meeting Minutes, June 12, 2017 - 7 - AND FURTHER THAT Council directs staff to proceed in establishing the Building Inspector I position and proceed with the recruitment process. Carried 13.4. Finance 13.4.1. FIN17-16 Annual Surplus/Deficit Allocation Policy FIN17-16 Annual Surplus/Deficit Allocation Policy Annual Surplus/Deficit Allocation Policy Resolution #10 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report FIN17-16 Annual Surplus/Deficit Allocation Policy as information; AND THAT Council approves the Annual Surplus/Deficit Allocation Policy. Carried 13.4.2. FIN17-17 - 2016 Surplus Allocation FIN17-17 - 2016 Surplus Allocation Resolution #11 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive report FIN17-17 2016 Surplus Allocation as information. AND THAT Council approve the allocation of the 2016 surplus of $254,138 be contributed to specific reserves; Fleet & Equipment $200,000; Police Services Board $5,984; Recreation, Culture and Parks $2,025 and the balance to Tax Rate Stabilization $46,129. Carried Council Meeting Minutes, June 12, 2017 - 8 - 13.4.3. FIN17-18 Golf Course Land Balance Clearing Transaction FIN17-18 Golf Course Land Balance Clearing Transaction Resolution #12 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report FIN 17-18 Golf Course Land Balance Clearing Transaction as information; AND THAT Council use $66,226.23 from the Tax Rate Stabilization Reserve to fund the revenue shortfall on the sale of land; AND THAT any the net proceeds from any future sale of lands previously obtained as part of the golf course redevelopment be used to reimburse the Tax Rate Stabilization Reserve; AND THAT the Town’s Financial Statements reflect the actions as noted in report FIN 17-18. Carried 13.5. Fire and Emergency Services 13.6. Operations 13.7. Recreation, Culture & Park Services 13.7.1. RCP 17-34 – Awarding RFP2017-004 Indoor Pool Deck Replacement RCP 17-34 - Awarding RFP2017-004 Indoor Pool Deck Replacement RFP2017-004 Pool Deck Tender Specifications Curved Tile Deck Drain photo Resolution #13 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report RCP 17-34 – Awarding RFP2017-004 Indoor Pool Deck Replacement; AND THAT the pool deck replacement project be deferred until 2018 and re- tendered to include replacement of the tile inside the pool tank. Carried Council Meeting Minutes, June 12, 2017 - 9 - 13.7.2. RCP 17-35 – Awarding RFT2017-010 LED Rink Lights RCP 17-35 - Awarding RFT2017-010 LED Rink Lights Resolution #14 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT Council receives Report RCP 17-35, Awarding RFT2017-010 LED Rink Lights; AND THAT Council awards RFT2017-010 to 911777 Ontario Limited O/A T.A. Thomson Electrical Contractors for their tendered price of $104,375.05 before taxes. Carried 14. Unfinished Business 14.1. Notice of Annual Meeting of Shareholders of Tillsonburg Hydro Inc. Notice of THI AGM 17 Resolution #15 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT Council receives the Notice of the Annual Meeting of Shareholders of Tillsonburg Hydro Inc.; AND THAT Council calls a Special Council Meeting for June 27, 2017 at 10:00 a.m. in order that Council may attend the AGM. Carried 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 170606 Accessibility Advisory Committee MIN 170515 Canada 150 MIN 170504 HBC MIN 170515 Mem Park MIN Council Meeting Minutes, June 12, 2017 - 10 - Resolution #16 Moved By: Councillor Esseltine Seconded By: Councillor Hayes THAT Council receives the Minutes of the Accessibility Advisory Committee dated June 6, 2017, the Canada 150 Committee dated May 15, 2017, the Heritage, Beautification and Cemetery Committee dated May 4, 2017, and the Memorial Park Committee dated May 15, 2017, as information. Carried 17. Notice of Motions 18. Resolutions 19. By-Laws By-Laws from the Meeting of Monday, June 12, 2017 Resolution #17 Moved By: Councillor Rosehart Seconded By: Councillor Hayes 19.1. THAT By-Law 4112, To confirm the proceedings of council at its meeting held on the 12th day of June, 2017, 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 Canada 150 Poster Contest Award Ceremony & Poster Exhibition – Friday, June 16, 2017 at 7:00 p.m. at the Station Arts Centre. NHL Centennial Fan Arena coming to Tillsonburg August 10-12, 2017. Visit www.tillsonburgfanarena.com for more information. 21. Adjournment Resolution #18 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, June 12, 2017 be adjourned at 8:12 p.m. Carried