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170710 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes 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 Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session Resolution # 1 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider: 1. personal matters about an identifiable individual, including municipal or local board employees (CAO Appraisal); 2. a proposed or pending acquisition or disposition of land by the municipality or local board; (Clearview Dr.) Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, July 10, 2017 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting Minutes, July 10, 2017 - 2 - 3. Adoption of Agenda Resolution #2 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Agenda as prepared for the Council meeting of Monday, July 10, 2017, be adopted as amended. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of June 26, 2017 and June 27, 2017. 170626 Council MIN 170627 MIN COUNCIL THI AGM Resolution # 3 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of June 26, 2017 and June 27, 2017, be approved. Carried 7. Delegations and Presentations 7.1. Parks & Recreation Committee Recommendation 2017 Parks Recreation Advisory Committee Resolution Staff to confirm where the parking restriction will end on Hardy Avenue. Resolution #4 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the recommendations from the Parks & Recreation Advisory Committee for Parking at the Community Centre, as information; Council Meeting Minutes, July 10, 2017 - 3 - AND THAT the matter, be referred to the Works Department and By-Law Enforcement for review and recommendations. Carried 8. Public Meetings Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council move into Committee of Adjustment to hear an application for Minor Variance A-06/17 at 6:11 p.m. Carried 8.1. Application for Minor Variance- A-06/17- Fred & Elaine Henning, 21 Armstrong Drive Application A-06/17 A-06/17 Report Report Attachments Letter of Support - A-06-17 Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-06/17. Opportunity was given for comments and questions. The applicant was not in attendance. No member of the public appeared in support of or in opposition to the application. Council passed the following resolution. Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Tillsonburg Committee of Adjustment approve Application File A-06/17, submitted by Fred & Elaine Henning, for lands described as Lot 26, Plan 41M-88, Town of Tillsonburg, as it relates to relief from Section 6.5.3.2.6 – Required Rear Yard Depth, to decrease the minimum required rear yard depth from 10 m (32.8 ft) to 8 m (26.2 ft), to facilitate the construction of a sunroom addition at the rear of an existing single detached dwelling. Council Meeting Minutes, July 10, 2017 - 4 - Subject to the condition that a building permit for the proposed sunroom shall be issued within one year of the date of the Committee's decision. Carried Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council move out of Committee of Adjustment and move back into regular session at 6:14 p.m. Carried 8.2. Application for Zone Change- ZN 7-17-04- Andy Jacko Farms Application 7-17-04 ZN 7-17-04 Report Report Attachments Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report ZN 7-17-04. Opportunity was given for comments and questions. Solicitor Matt Bota, Harrison Pensa LLP appeared before council on behalf of Eichenberg Motors in support of the application. Darren Jacko appeared before council on behalf of the applicant in support of the Planner’s Report. No member of the public appeared in opposition to the application. Council passed the following resolution: Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council approve in principle the zone change application submitted by Andy Jacko Farms, whereby the subject lands described as Lots 14-15 & 25, Plan 1653, save and except Parts 1 & 2. 41R 7500, in the Town of Tillsonburg, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Service Commercial Zone (SC)’ to fulfill a condition of Consent Application B17-29-7 and ensure the zoning of the lands to be severed is consistent with that of the lands to which they will be added. Carried Council Meeting Minutes, July 10, 2017 - 5 - 8.3. Application for Zone Change - ZN 7-17-07- 2563557 Ontario Inc.- 360 Quarter Town Line Application ZN 7-17-07 ZN 7-17-07 Report Report Attachments Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report ZN 7-17-07. Opportunity was given for comments and questions. The Registered Owner, Cedric Tomico appeared before council in support of the application. Dave Hobbins appeared before council in support of the application. Mr. Hobbins inquired if the swale on the subject property will remain to direct water. The Director of Operations noted that onsite storm water management would be a condition of the site plan approval process. Jim Devolin appeared before council to inquire about parking in the development and whether overflow parking would be provided. Mr. Devolin also expressed concern for flooding and inquired about the capacity of the storm pond to hold additional water. The Development Planner noted that the zoning by-law requires two parking spaces per unit, one within the garage and the other in driveway. Mr. Gilbert noted that parking will not be permitted on the street due to the designated fire route. Additional parking spaces will be made available for visitor parking. The Director of Operations indicated that the water retention pond on the subject lands was developed to receive water from new development. Councillor Adam joined the meeting at 6:24 p.m. Council Meeting Minutes, July 10, 2017 - 6 - Council passed the following resolution: Resolution #9 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council approve the zone change application submitted by 2563577 Ontario Inc., whereby the lands described as Lot 2, Plan M119, known municipally as 360 Quarter Town Line, are to be rezoned from ‘Special Medium Density Zone (RM-2)’ to ‘Amended Special Medium Density Residential Zone (RM-2)’ to facilitate the development of a phased condominium development consisting of 64 townhouse units. Carried 9. Planning Applications 10. Information Items 10.1. Tillsonburg Soccer Club Request for refund Tillsonburg Soccer Refund Request Resolution #10 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the Tillsonburg Soccer Club Request, as information; AND THAT Council directs staff to reimburse the $575.00 application fee for the Minor Variance associated with the relocation of the Soccer Club’s maintenance building. Carried 11. Mayor 11.1. MYR 17-05, Oxford County Update MYR 17-05 Resolution #11 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report MYR 17-05, Oxford County Update, as information. Carried 12. Quarterly Reports Council Meeting Minutes, July 10, 2017 - 7 - 13. Reports from Departments 13.1. Chief Administrative Officer 13.2. Clerk’s Office 13.2.1. CL 17-16 Committee Appointment CL 17-16 Committee Appointment Schedule A - Committee Appointment By-Law The Committee is seeking an additional member(s) with an architectural background. Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report CL 17-16, Committee Appointment; AND THAT Jesse Goossens, be appointed to the Town Hall Project Committee; AND THAT By-law 4122, to amend Schedule A of By-Law 3876, be brought forward for Council consideration. Carried 13.3. Development and Communication Services 13.3.1. DCS 16-22, Offer to Purchase – 32 Clearview Drive Report DCS 17-22 Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report DCS 16-22, Offer to Purchase – 32 Clearview Drive; AND THAT a By-law be brought forward authorizing the Mayor and Clerk to execute all documents necessary to transfer the property known as Part of Lot 2, Concession 6, NTR Middleton, and to be described by a new reference plan, to Elmerex Inc.; AND THAT the net proceeds, be contributed to the Industrial Land Reserve. Carried Council Meeting Minutes, July 10, 2017 - 8 - 13.4. Finance 13.4.1. FIN 17- 23 TD - US BANK CANADA Procurement Cards FIN 17- 23 TD - US BANK Procurement Cards Resolution #14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives report FIN 17- 23 TD - US BANK Procurement Cards; AND THAT authorizes the Mayor and Treasurer to sign the application. Carried 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 17-16 Results for Tender RFT 2017-009 Hot Mix Asphalt Paving Program OPS 17-16 Results for Tender RFT 2017-009 Hot Mix Asphalt Paving Program Resolution #15 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report OPS 17-16, Results for Tender RFT 2017-009 Hot Mix Asphalt Paving Program; AND THAT Council award Tender RFT 2017-009 to Brantco Construction of Cambridge, ON at a cost of $319,832.90 (net HST included), the lowest bid received satisfying all Tender requirements; AND FURTHER THAT Council authorize the use of $32,632.90 of unused Gas Tax funds from the Riverview Subdivision Stage 2 of 2 Reconstruction to fund the remaining project cost. Carried Council Meeting Minutes, July 10, 2017 - 9 - 13.6.2. OPS 17-17 Results for Tender RFT 2017-008 Concrete Sidewalk and Curbing OPS 17-17 Results for Tender RFT 2017-008 Concrete Sidewalk and Curbing Resolution #16 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report OPS 17-17, Results for Tender RFT 2017-008 Concrete Sidewalk and Curbing; AND THAT Council award Tender RFT 2017-008 to J. Franze Concrete Ltd. of London, ON at a cost of $91,782.43 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 13.7. Recreation, Culture & Park Services 13.7.1. RCP 17-36 - Green Energy Act Reporting 2017 RCP 17-36 - Green Energy Act Reporting 2017 Energy Consumption Spreadsheet Resolution #17 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 17-36, Green Energy Act Reporting 2017 for information; AND THAT Council approves the Energy Consumption and GHG Emissions report for 2015. Carried 13.7.2. RCP 17-37 – Proposed Outdoor Recreation Pad RCP 17-37 - Proposed Outdoor Recreation Pad A recommendation was made to move the ice pad further west to enable the continued use of hardball diamond #1. Council discussed the costing for the relocation of the hardball diamond, removal of the (3) buildings used by the Agricultural Society and the ice plant upgrades at the community centre. Council Meeting Minutes, July 10, 2017 - 10 - Resolution #18 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report RCP 17-37 – Proposed Outdoor Recreation Pad for information; AND THAT Council approves the incorporation of the J. L. Scott McLean Outdoor Recreation Pad into the Memorial Park Master Plan at a location East of the existing Community and Memorial rinks; AND THAT Council approves that the Pad be constructed in a manner ready to accept refrigeration coolant when the capacity is available from the ice plant at the Tillsonburg Community Centre, AND THAT Council authorizes the establishment of a J. L. Scott McLean Legacy Trust to enable funds to be received, receipted and disbursed for the construction of the Outdoor Recreation Pad; AND THAT Council direct staff establish a separate bank account and general ledger account for this purpose; AND FURTHER THAT BY-LAW 3896, Trusts and Appointments be revised and brought back to council for consideration; AND THAT the construction of the Outdoor Recreation Pad be scheduled for the fall of 2018. Carried 14. Unfinished Business 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. CAO 17-05, Town Hall Project Committee – Honourary Chair Report CAO 17-05 Resolution #19 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Report CAO 17-05 Town Hall Project Committee, Honourary Chair, be received for information; Council Meeting Minutes, July 10, 2017 - 11 - AND THAT the Tillsonburg Town Council recognize Marty Klein as Honourary Chair of the Town Hall Project Committee. Carried 16.2. CAO 17-04, Town Hall Project Committee – Funding Request – Drafting RFP, Vetting and Selection Process – Town Hall Project Report CAO 17-04 Resolution #20 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Report CAO 17-04 Town Hall Project Committee – Funding Request – Drafting RFP, Vetting and Selection Process – Town Hall Project be received for information; AND THAT the Tillsonburg Town Council approves the request of the Town Hall Project Committee for a funding allocation of $25,000 for the purposes of contracting with a vendor for the preparation of an Request for Proposal (RFP) document, subsequent vetting of responses to the RFP and evaluation of the responses for vendor selection for the Town Hall Project. Carried 16.3. Committee Minutes 170529 Canada 150 notes 170503 Cultural Advisory MIN 170607 Cultural Advisory MIN 170601 HBC MIN 170629 Museum MIN 170620 PRC MIN Resolution #21 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the Cultural Advisory Committee for May 03, 2017 and June 7, 2017, the Heritage, Beautification & Cemetery Advisory Committee for June 01, 2017, the Museum Advisory Committee for June 29, 2017 and the Parks & Recreation Advisory Committee for June 20, 2017, as information. Carried Council Meeting Minutes, July 10, 2017 - 12 - 16.4. LPRCA Minutes LPRCA Minutes Resolution #22 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the LPRCA for June 7, 2017, as information. Carried 17. Notice of Motions 18. Resolutions 18.1. Reschedule August Council Meeting Resolution #23 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, August 14, 2017 be rescheduled to Monday August 21, 2017 due to the Association of Municipalities of Ontario Conference. Carried 19. Resolutions Resulting from Closed Session 20. By-Laws 21.1 By-Laws from the Meeting of Monday, July 10, 2017 Resolution #24 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4116, To Amend Zoning By-Law 3295 (ZN 7-17-07); AND THAT By-Law 4119, To authorize the sale of land (32 Clearview Drive) to Elmerex Inc.; AND THAT By-Law 4122, To amend Schedule A of By-Law 3876, To amend Schedule A of By-Law 3876, appoint members; AND THAT By-Law 4121, To authorize an application to Ontario Infrastructure and Lands Corporation (“OILC”) for financing, 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 Council Meeting Minutes, July 10, 2017 - 13 - Resolution #25 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4120, To confirm the proceedings of Council at its meeting held on the 10th day of July, 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 21. Items of Public Interest The 2018 Budget Survey will be included in the upcoming tax bill. Canada 150 Celebration Trees are available for purchase through the Parks Department and order forms are available at the various Town facilities. 22. Adjournment Resolution #26 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, July 10, 2017 be adjourned at 8:20 p.m. Carried