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180326 Council MIN= ATTENDANCE Mayor Stephen Molnar Councillor Max Adam Councillor Jim Hayes Councillor Brian Stephenson Staff: David Calder, CAO Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Parks Jeff Smith, Fire Chief Janelle Costantino, Manager of Finance/Deputy Treasurer Donna Wilson, Town Clerk Laura Pickersgill, Legislative Services Coordinator Regrets: Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Chris Rosehart Dave Rushton, Director of Finance/Treasurer 1. Call to Order The meeting was called to order at 6:00pm. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Hayes Seconded By: Councillor Adam THAT the Agenda as prepared for the Council meeting of Monday, March 26, 2018, be adopted. Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, March 26, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Minutes - 2 - 3. Moment of Silence 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 March 12, 2018 180312 Council MIN Resolution #2 Moved By: Councillor Hayes Seconded By: Councillor Adam THAT the Minutes of the Council Meeting of March 12, 2018, be approved. Carried 6. Delegations and Presentations 6.1. Volunteer Appreciation Award Presented to: Jami Stephenson 6.2. Watersmart Message Presented by: Grace Boak, Shelby Vollmershausen, AJ Wiggins and Matt Delaere February Winter to Spring Presentation Tillsonburg junior lifeguards presented the dangers of water during the ice melt with changing seasons. Council was given the opportunity to ask questions. Resolution #3 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT Council receives the Watersmart Message as information. Carried Council Meeting – Minutes - 3 - 6.3. Volunteer Recruitment Appeal for the Multi-Service Centre Presented by: Aleshia Wattie Multi-Service Centre Aleshia Wattie Meals of Wheels Delegation Volunteer Presentation Meals on Wheels Aleshia Wattie presented the Meals on Wheels program and has encouraged councillors and staff to volunteer their time to be able to service a third delivery route in the community. Resolution #4 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT Council receives the Volunteer Recruitment Appeal for the Multi-Service Centre presentation, as information. Carried Resolution #4A Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT the CAO conduct a survey of Town staff and councillors to determine the capabilities and willingness of individuals or departments to participate in community service at a corporate level. AND THAT a staff report provided for Council information and consideration at a future meeting. Carried 7. Committee Reports & Presentations 8. Public Meetings Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Hayes THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. Carried Council Meeting – Minutes - 4 - 8.1. Application for Minor Variance - A-02/18 - John Habkirk, 5 Ross Street- attended A-02/18 Report Report Attachments A-02/18 Application Eric Gilbert, Senior Planner, County of Oxford appeared before Council and presented minor variance application A-02/18. Opportunity was given for comments and questions. The applicant, John Habkirk, appeared before council in support of the application. No member of the public appeared before council in opposition to the variance. Council passed the following resolution. Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Hayes THAT Tillsonburg Committee of Adjustment approve Application File A-02/18, submitted by John Habkirk, for lands described as Lot 585, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, – Zone Provisions (R1) Rear Yard Minimum Depth, to reduce the required rear yard depth from 12 m (39.3 ft) to 10.3 m (33.7 ft) to facilitate the construction of an attached garage, subject to the condition that a building permit for the proposed attached garage shall be issued within one year of the date of the Committee's decision. Carried 8.2. Application for Minor Variance - A-03/18 - Lori Graves, Chris Declarke, Landmark Homes, 15 Wren Court A-03/18 Report Report Attachments A-03/18 Application Council Meeting – Minutes - 5 - Eric Gilbert, Senior Planner, County of Oxford appeared before Council and presented minor variance application A-03/18. Opportunity was given for comments and questions. Jesse Wilson, architect from SR Architecture, provided information on landscaping and fencing for the property. Shirley Jones appeared before council in opposition to the application. Stephen Gergich expressed concerns regarding the lot coverage as well as pedestrian safety and traffic flow but in turn, spoke in favour of the application. David Lee appeared before council in support of the application. Council passed the following resolution. Resolution #7 Moved By: Councillor Hayes Seconded By: Councillor Adam THAT Tillsonburg Committee of Adjustment approve Application File A-03/18, submitted by Lori Graves, Chris Declark, Landmark Homes, for lands described as Lot 132, Plan M-16, Town of Tillsonburg, as it relates to: 1. Relief from Table 9.2 – Medium Density Residential Zone Provisions (RM), to reduce the required lot frontage from 36 m (118.1 ft) to 28 m (91.9 ft); 2. Relief from Table 9.2 – Medium Density Residential Zone Provisions (RM), to increase the maximum lot area per dwelling unit from 320 m2 (3,444.6 ft2) to 382 m2 (4,111.9 ft2); and 3. Relief from Table 9.2 – Medium Density Residential Zone Provisions (RM), to reduce the required interior side yard width from 3 m (9.8 ft) to 2.99 m (9.4 ft). Carried 8.3. Application for Minor Variance - A-04/18 - John Bamford (Justin Ryksen), 20 Crocus Avenue A-04/18 Report Report Attachments Council Meeting – Minutes - 6 - Application A-04/18 Eric Gilbert, Senior Planner, County of Oxford appeared before Council and presented minor variance application A-04/18. Opportunity was given for comments and questions. The applicant, Justin Ryksen, appeared before council in support of the application. No member of the public appeared before council in opposition of the application. Council passed the following resolution. Resolution #8 Moved By: Councillor Hayes Seconded By: Councillor Adam THAT Tillsonburg Committee of Adjustment approve Application File A-04/18, submitted by John Bamford (Justin Ryksen), for lands described as Lot 19, Plan 41M-145 Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projection into required yard, to increase the permitted projection into the required rear yard for a covered deck from 1.5 m (4.9 ft) to 3.0 m (9.8 ft); 2. Relief from Section 6.2 – Zone Provisions (R1) Lot Coverage Maximum, to increase the maximum lot coverage allowance from 33% to 38% of lot area; and 3. Relief from Section 6.2 – Zone Provisions (R1) Rear Yard Minimum Depth, to reduce the required rear yard from 12 m (39.3 ft) to 11.77 m (38.7 ft), subject to the condition 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 - 7 - Resolution #9 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT Council move out of the Committee of Adjustment and move back into regular Council session. Carried 9. Planning Applications 10. Information Items 10.1. 2018 Senior of the Year Nominations - Call for Nominations 2018 Senior of the Year Award- Call for Nominations Resolution #10 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT Council receives the correspondence 2018 Senior of the Year Award - Call for Nominations as information; AND THAT Council directs the Special Awards Committee to proceed with the nomination process and bring back a recommendation to Council for consideration. Carried 11. Mayor 12. Quarterly Reports 12.1. FIN 18-08, 2017 Fourth Quarter Financial Results FIN18-08 2017 Fourth Quarter Financial Results 2017 Q4 Consolidated Results Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT Council receives Report FIN 18-08, 2017 Fourth Quarter Financial Results, as information. Carried 12.2. FIN 18-09, 2017 Fourth Quarter Finance Department FIN18-09 2017 Fourth Quarter Finance Department Results Council Meeting – Minutes - 8 - Finance - Q4 2017 operating results Finance - Q4 2017 capital results Resolution #12 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT Council receives Report FIN 18-09, 2017 Fourth Quarter Finance Department, as information. Carried 12.3. DCS 18-14, 2017 Fourth Quarter Building, Planning & By-Law Services DCS 18-14; Building/Planning/By-Law Services 2017 Annual Report Q4 Financial Summary Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Stephenson THAT Council receives Report DCS 18-14, 2017 Fourth Quarter Building, Planning & By-Law Services, as information. Carried 12.4. DCS 18-15, 2017 Fourth Quarter Economic Development and Marketing Report DSC 18-15 Q4 Financial Summary - Operating Q4 Financial Summary - Capital Resolution #14 Moved By: Councillor Hayes Seconded By: Councillor Stephenson THAT Council receives Report DCS 18-15, 2017 Fourth Quarter Economic Development and Marketing, as information. Carried 12.5. OPS 18-07, 2017 Fourth Quarter Operations Services OPS 18-07 2017 Fourth Quarter Operations Services OPS 18-07 Attachment 1 - Operating & Capital Summaries Council Meeting – Minutes - 9 - Resolution #15 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT Council receives Report OPS 18-07, 2017 Fourth Quarter Operations Services, as information. Carried 12.6. RCP 18-12, 2017 Fourth Quarter Recreation, Culture and Parks RCP 18-12 - Recreation Culture and Parks 2017 Q4 Results RCP - 2017 Q4 operating results RCP - 2017 Q4 capital results Resolution #16 Moved By: Councillor Adam Seconded By: Councillor Hayes THAT Council receives Report RCP 18-12, 2017 Fourth Quarter Recreation, Culture and Parks, as information. Carried 12.7. FRS 18-02, 2017 Fourth Quarter Fire Department FRS 18-02 Fourth Quarter Report 2017 Fire - operating results 2017 Fire - capital results 2017 Resolution #17 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT Council receives Report FRS 18-02, 2017 Fourth Quarter Fire Department, as information. Carried 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. CAO 18-04, Community Transportation Update CAO 18-04 Community Transportation Update Council Meeting – Minutes - 10 - T-GO will continue operation during the RFP process. Staff are encouraged to be aware of future transportation grant opportunities. Resolution #18 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT Council receives Report CAO 18-04, Community Transportation Update, for information. Carried 13.2. Clerk’s Office 13.3. Development and Communication Services 13.3.1. DCS 18-13, Outstanding New Home Construction Deposits DCS 18-13 - Outstanding New Home Construction Deposits A final notice will be given to builders to close their building permits. A policy is coming for Council consideration on risk analysis and outstanding deposits. Resolution #19 Moved By: Councillor Hayes Seconded By: Councillor Stephenson THAT Council receives Report DCS 18-13, Outstanding New Home Construction Deposits, as information; AND THAT Council approves the transfer of deposit funds from the Construction Deposit account to the Development remediation account effective December 31, 2018. Carried 13.4. Finance 13.4.1. FIN 18-05, 2017 Development Charges Annual Statement FIN18-05 2017 Development Charge Annual Statement Council Meeting – Minutes - 11 - 2017 Reserve Fund Statement Resolution #20 Moved By: Councillor Hayes Seconded By: Councillor Stephenson THAT Report FIN 18-05, 2017 Development Charges Annual Statement be received; AND THAT the Director of Finance ensures that the annual statement is made available to the public; AND THAT the Director of Finance be directed to provide the annual statement to the Minister of Municipal Affairs and Housing on request. Carried 13.4.2. FIN 18-06, Surplus Debt Proceeds FIN18-06 - Surplus debt proceeds Resolution #21 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT Report FIN 18-06, Surplus Debt Proceeds be received; AND THAT the surplus debt proceeds from the Gas Detection and Air Monitoring project of $4,168 be allocated to the Carroll Trail project. Carried 13.4.3. FIN 18-07, Contributions to Reserves FIN18-07 Contributions to Reserves Resolution #22 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT Council receives Report FIN 18-07, Contributions to Reserves; AND THAT $573,129 is contributed to reserves in 2017. Carried 13.4.4. FIN 18-10, Ground Lease Acknowledgement Agreement FIN18-10 Ground Lease Acknowledgement Agreement By-Law 4185 Ground Lease Acknowledgement Agreement Council Meeting – Minutes - 12 - By-Law 4185 Assignment By-Law 4185 Agreement The Town’s lawyer has reviewed the lease. Council has requested clarification on the history of the ground lease. Councillor Adam requested a recorded vote. Recorded Vote: Name Vote in Favour Vote Against Councillor Adam X Deputy Mayor Beres Councillor Esseltine Councillor Hayes X Mayor Molnar X Councillor Rosehart Councillor Stephenson X The recorded vote reflects the vote is 3 in favour of the motion and 1 against the motion. The Motion is “Carried”. Resolution #23 Moved By: Councillor Hayes Seconded By: Councillor Stephenson THAT Report FIN 18-10, Ground Lease Acknowledgement Agreement be received as information; AND THAT By-Law 4185 be brought forward for Council consideration. Carried Council Meeting – Minutes - 13 - 13.5. Fire and Emergency Services 13.5.1. FRS 18-03, Single Source Dispatch Console FRS 18-03 Single Source Dispatch Console Resolution#24 Moved By: Councillor Hayes Seconded By: Councillor Stephenson THAT Council receives Report FRS 18-03, Single Source Dispatch Console; AND THAT Council authorizes staff to forego the purchasing policy for this particular capital item; AND THAT the Single Source for the Dispatch Console is granted to Spectrum Communications Limited. Carried 13.6. Operations 13.7. Recreation, Culture & Park Services 14. Unfinished Business 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 171211 Airport Advisory MIN 180213 Development MIN 180222 Museum MIN 180301 HBC MIN 180305 Mem Park MIN 180313 AAC MIN 180320 Special Awards MIN 180321 Cultural Advisory Committee MIN Council Meeting – Minutes - 14 - Resolution #25 Moved By: Councillor Adam Seconded By: Councillor Hayes THAT Council receives the Airport Advisory Committee Minutes dated December 11, 2017; the Development Committee Minutes dated February 13, 2018; the Museum Advisory Committee Minutes dated February 22, 2018; the Heritage, Beautification & Cemetery Advisory Committee Minutes dated March 1, 2018; the Memorial Park Revitalization Committee Minutes dated March 5, 2018; the Accessibility Advisory Committee Minutes dated March 13, 2018; the Special Awards Committee Minutes dated March 20, 2018; and the Cultural Advisory Committee Minutes dated March 21, 2018, as information. Carried 17. Notice of Motions 18. Resolutions Resolution #25A Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT the CAO provide an update on the background and status of the ground lease agreement between the Town of Tillsonburg and the current Town Centre Mall owners at the second regular meeting of May 2018. Carried 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Monday, March 26, 2018 20.1. Resolution #26 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT By-Law 4185, to authorize a Ground Lease Acknowledgement Agreement between the Corporation of the Town of Tillsonburg, CIBC Mortgages Inc., and SBLP Tillsonburg Town Centre Inc. be read for a first, second, third and final reading and that the Mayor and the Clerk be and Council Meeting – Minutes - 15 - are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Resolution #26A Moved By: Councillor Adam Seconded By: Councillor Hayes THAT By-Law 4173, Tillsonburg Procedural By-Law, be read for a 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 20.2. Resolution #27 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT By-Law 4184, To Confirm the Proceedings of the Council Meeting of March 26, 2018 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 Kidde Canada has recalled a mass amount of smoke alarms sold between September 2016 and January 2018 with model numbers PI2010 and PI9010. Units with a visible yellow cap will be affected. Tillsonburg Skating Carnival: “Mamma Mia under the Big Top” will be held on April 6th and 7th at the Arena. Citizen of the Year nominations are due April 6, 2018. Ride and Stride for Cancer signup sheets are available at Cowards Pharmacy. The Cultural Advisory Committee is seeking volunteers to assist with planning the annual Tillsonburg Christmas Fest. Council Meeting – Minutes - 16 - 22. Adjournment Resolution #28 Moved By: Councillor Stephenson Seconded By: Councillor Adam THAT the Council Meeting of Monday, March 26, 2018 be adjourned at 9:05 p.m. Carried