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180409 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Max 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 Lana White, Executive Assistant/Deputy Clerk Laura Pickersgill, Legislative Services Coordinator 1. Call to Order The meeting was called to order at 4:45pm. 2. Closed Session Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: 1. litigation or potential litigation, including matters before administrative tribunals, affecting the Town (Airport Outstanding Accounts). Carried Council reconvened in regular session at 6:00pm. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, April 09, 2018 4:45 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Minutes - 2 - 3. Adoption of Agenda Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, April 9, 2018, be adopted. 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 March 26, 2018 180326 Council MIN Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Minutes of the Council Meeting of March 26, 2018 be approved. Carried 7. Delegations and Presentations 7.1. Cancer Society Oxford Relay for Life Presented by: Brian Donlevy Brian Donlevy Delegation Request Form Mr. Donlevy appeared before Council to share his story and to promote the 2018 Relay for Life in Woodstock, June 8, 6pm-1am. This event will be the only Relay for Life event in Oxford County this year. Everyone is welcome and encouraged to participate. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegation on "Cancer Society Oxford Relay for Life", as information. Carried Council Meeting – Minutes - 3 - 7.2. Proposed Heavy Truck Route - Baldwin Street Presented By: 1) John Gilvesy 2) James Morgan 3) Bob Muir 4) Jim Calvert & Vicki Watson 5) Tony Pleli 6) Brian Smith 7) Mike Cole 8) Freida Kralj 9) Carlton Ross 10) Corinne Critkovic John Gilvesy Delegation Request Notes Mr. John Gilvesy, Permterra Development Corporation and developer of Wood Haven subdivision, appeared before Council in opposition to the proposed heavy truck route, and spoke to his comments previously submitted in writing. (attached to the Agenda) Concerns included lack of notice, impact on his condominium project, future sales, noise levels, quiet enjoyment, safety, traffic, environmental and enforcement. All-Way stop, intersection of Quarter Town Line and Baldwin Street - Mr. Gilvesy did not oppose. James Morgan Delegation Request Form Mr. James Morgan, appeared before Council in opposition to the proposed heavy truck route. Concerns included lack of shoulders, narrow street, safety concerns associated with children and adults walking and for recreational purposes/tobogganing, blockages caused by service vehicles, minimal clearance if two trucks meet, and lack of infrastructure to support trucks on Baldwin Street. He commented on Baldwin Street being 100% residential and park area. All-Way stop, intersection of Quarter Town Line and Baldwin Street - Mr. Morgan did not oppose. Council Meeting – Minutes - 4 - Bob Muir Delegation Request Form Mr. Bob Muir appeared before Council in opposition to the proposed heavy truck route. Concerns included lack of notice, increased trucks, dangerous loads, and environmental concerns. Jim Calvert-Harold Moore Delegation Request Form Mr. Jim Calvert, representing the Wood Haven and Baldwin Street community, appeared before Council in opposition to the proposed heavy truck route. Mr. Calvert referred to the material previously submitted in binder format. (attached to the Agenda) A signed petition was included with the submitted material. Mrs. Vicki Watson attended with Mr. Calvert, noting concerns with the width of Baldwin Street, only 31inches between the centre of the lane and the sidewalk. Tony Pleli Delegation Request Form Tony Pleli Delegation Information Mr. Tony Pleli appeared before Council in opposition to the proposed heavy truck route. Concerns included that Baldwin Street is a residential area, with nearby schools, parks, tobogganing, increased noise, vibration, pollution. He suggested larger, flashing signage, with police enforcement. Mr. Pleli’s written submission was attached to the Agenda. Brian Smith Delegation Request Form Brian Smith Delegation Information Mr. Brian Smith appeared before Council in opposition to the proposed heavy truck route. Mr. Smith referred to his submission, previously provided. (attached to the Agenda) Concerns included increased safety risks, vehicular and pedestrian, noise levels, environment, air pollution, cost associated with infrastructure and maintenance, traffic congestion. All-Way stop, intersection of Quarter Town Line and Baldwin Street - Mr. Smith did not oppose. Council Meeting – Minutes - 5 - Mike Cole Delegation Request Form Mr. Mike Cole appeared before Council in opposition to the proposed heavy truck route. Mr. Cole noted that his concerns had already been expressed by others, adding that a truck route should be a minimum of 10m. Baldwin Street is 8.5m, and has areas without shoulders. Freida Kralj Delegation Request Form Freida Kralj had requested to appear before Council in opposition to the proposed heavy truck route. Ms. Kralj had contacted staff this date to advise she would be unable to attend the Council Meeting, and submitted a petition. Carlton Ross Delegation Request Form Mr. Carlton Ross appeared before Council in opposition to the proposed heavy truck route. Mr. Ross asked for clarification if this was a temporary or permanent proposal. Ms. Corinne Critkovic, appeared before Council in opposition to the proposed heavy truck route. Ms. Critkovic noted she is also a teacher at Westfield Public School. She pointed out that most of Baldwin Street is not a bussed route and there is an increased hazard due to increased pedestrian traffic, and a risk to seniors and children. Council passed the following resolution. Resolution #5 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the delegations on the Proposed Heavy Truck Route - Baldwin Street, as information. Carried Council moved to Agenda Item 14.6.1 – OPS 18.08, Baldwin Street Heavy Truck Route and All-Way Stop Control. 8. Committee Reports & Presentations Council Meeting – Minutes - 6 - 9. Public Meetings 9.1. Application for Zone Change - ZN 7-18-01 (Greg Vermeersch), 500 Broadway ZN 7-18-01_Report Report Attachments Applicant Letter Application ZN 7-18-02 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report CP 2018-91, Application of Zone Change ZN 7-18-01. If the application is approved, a by-law will be brought forward at the next meeting of Council. Opportunity was given for Council to ask questions. The applicant, Greg Vermeersch, was not in attendance. Mrs. Diane Peacock appeared in opposition to the application. Written comments and a petition were provided by Mrs. Peacock. No other persons appeared in support of or in opposition to the application. Council passed the following resolution. Resolution Moved by Councillor Adam Seconded by Councillor Esseltine THAT the decision regarding Application for Zone Change – ZN 7-18-01 (Greg Vermeersch), 500 Broadway be deferred until the June 11, 2018 Council meeting when the applicant can be present. Carried. Resolution #6 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council approves in principle the zone change application submitted by Greg Vermeersch, whereby the lands described as Part Lot 85, Lot 86, Plan 500, Parts 3 of Council Meeting – Minutes - 7 - 41R-1779, Town of Tillsonburg, known municipally as 500 Broadway, are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Zone (R3-15)’ to permit the development of a multi-unit dwelling, consisting of 3 dwelling units. Deferred 9.2. Application for Zone Change - ZN 7-18-02 (Rolling Meadows & Morcon), 5, 7, 9 Bobolink Drive ZN 7-18-02_Report Report Attachments Application ZN 7-18-02 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report CP 2018-90, Application of Zone Change ZN 7-18-02. Opportunity was given for Council to ask questions. The applicant and the owner were in attendance and provided a powerpoint presentation. Opportunity was given for Council to ask further questions and make comment. No other persons appeared in support of the application. Jill Cunha appeared in opposition to the application. Concerns were with the type of multi-unit models that the applicant is referring to. Stephanie Nevins appeared in opposition to the application. Her comments were filed for public record. A petition was also filed. Nicole Gundry appeared in opposition to the application. Concerns were that the proposed units do not conform to the current standard in the neighbourhood. Council Meeting – Minutes - 8 - Rebecca Ashford appeared in opposition to the application. Concerns were with tenant issues and the inability to evict if there are problems. Todd Bremner appeared in opposition to the applicant. Concerns included parking, especially winter parking, grading, and he indicated that rentals will not fit into the neighbourhood. April Mullen appeared in opposition to the application. Concerns included the safety of children playing on the street, on-street parking relative to there being only one sidewalk, obstructed vision, absentee landlord. Ramsay Cairns appeared in opposition to the application. Concerns included that the proposed units would not conform to the area, traffic, parking, and the safety of children and others walking. Rick Goethals appeared in opposition to the application, as the proposed units do not conform with the developers requirements (size and brick). Adrian Droogers appeared in opposition to the application. Mona Vandescheur appeared in opposition to the application. Concerns included retention of renters. No other persons appeared in opposition to the application. The following resolution was passed. Resolution #7 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council denies the zone change application submitted by 2370220 Ontario Inc. (Alair Homes), whereby the lands described as Lots 101, 102, & 103, Plan M16, Town of Tillsonburg, known municipally as 5, 7 & 9 Bobolink Drive, are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone Council Meeting – Minutes - 9 - (R1-21)’ to permit the development of secondary dwelling units within single detached dwellings. Carried 10. Planning Applications 10.1. Request for Extension of Draft Plan Approval - 32T-06005 - Victoria Woods Tillsonburg 32T-06005 DAE Report Report Attachments Extension Request Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report CP 2018-98. Resolution #8 Moved By: Seconded By: THAT Council supports an extension of draft approval for a plan of subdivision submitted by Victoria Woods Tillsonburg GP Inc., for lands described as Part Lot 7, Concession 12 (Dereham), Town of Tillsonburg, to April 30, 2020, to grant additional time to satisfy the conditions of draft plan approval and register the remaining phases of the draft plan of subdivision. Carried 11. Information Items 11.1. Planning Act Changes and OMB Reform - Bill 139 Bill 139 Briefing Note Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Planning & Municipal Board Reform (Bill 139) - Update dated April 3, 2018 be received, as information. Carried 11.2. Oxford County Letter regarding HSR EA Terms of Reference Oxford County Ltr re HSR 20180323 Council Meeting – Minutes - 10 - Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council requests the Province of Ontario commit to a High Speed Rail Environmental Assessment Terms of Reference that, as required under the Environmental Assessment Act, explicitly include the full and comparative assessment of alternatives to HSR including the optimization of existing rail corridors such as the High Performance Rail (HPR) alternative; AND FURTHER THAT the Premier of Ontario, the Minister of Transportation, the Minister of Environment and Climate Change and the Executive Director, High Speed Rail Programs, MTO be so advised. Carried 12. Mayor 13. Quarterly Reports 14. Reports from Departments 14.1. Chief Administrative Officer 14.2. Clerk’s Office 14.2.1. CL 18-13, Council Compensation Review Advisory Committee CL 18-13 Council Remuneration Committee Terms of Reference Council Compensation Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CL 18-13, Council Compensation Review Advisory Committee; AND THAT Council approves the Terms of Reference for the Council Compensation Review Advisory Committee; AND THAT Council appointments Jami Stephenson, Ann Loker and John Lessif to the Council Compensation Review Advisory Committee. Carried 14.3. Development and Communication Services Council Meeting – Minutes - 11 - 14.4. Finance 14.4.1. FIN18-11, 2017 Remuneration and Expenses FIN18-11 2017 Remuneration and Expenses 2017 Remuneration and Expenses Resolution #12 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report FIN18-11, 2017 Remuneration and Expenses, as information. Carried 14.5. Fire and Emergency Services 14.6. Operations 14.6.1. OPS 18-08, Baldwin Street Heavy Truck Route and All-Way Stop Control OPS 18-08 Baldwin Street Heavy Truck Route and All-Way Stop Control OPS 18-08 Attachment 1 - Bylaw 4181 All-Way Stop Control OPS 18-08 Attachment 2 - Bylaw 4182 Baldiwn Heavy Truck Route OPS 18-08 Attachment 3 - NOTICE to Baldwin Street Residents OPS 18-08 Attachment 4 - Appendix A - Public Comment Council provided comments on the proposed changes to By-Law 3701. Staff noted there were other recommendations in the consultant’s report that have not been brought forward. A request was made for the consultant’s report to be made readily available, as well as an operational report on signage and enforcement to follow. Resolution #13 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report OPS 18-08, Baldwin Street Heavy Truck Route and All-Way Stop Control; AND THAT Council adopts By-Law 4181 to amend Traffic By-Law 3701 permitting the use of All-Way stop control at the intersection of Quarter Town Line and Baldwin Street; Council Meeting – Minutes - 12 - AND THAT pursuant to Section 27 (5) of Traffic & Parking By-Law 3701 Council hereby authorizes Newell Road, Baldwin Street and Quarter Town Line to be marked with signs to prohibit their use as a Heavy Truck Route. Carried 14.6.2. OPS 18-09, Sole Source AMP Software OPS 18-09 Sole Source AMP Software Resolution #14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report OPS 18-09, Sole Source AMP Software; AND THAT Council authorizes staff to forego the purchasing policy for this particular item; AND FURTHER THAT the Sole Source for Asset Management Software be granted to Public Sector Digest – Citywide. Carried Resolution Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council recesses at 10:29 p.m. and reconvene at 4:00 p.m. on Tuesday April 10, 2018. Carried 14.7. Recreation, Culture & Park Services 14.7.1. RCP 18-15, Awarding RFT18-003 Roofing Tender RCP 18-15 - Awarding RFT18-003 Roofing Tender RFT18-003 Tillsonburg Community Centre Roofing Sections Staff to provide a report on timeline details and the roofing plan for the Tillsonburg Community Centre. Resolution #15 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report RCP 18-15, Awarding RFT18-003 Roofing Tender for information; Council Meeting – Minutes - 13 - AND THAT Council awards Tender RFT18-003 for the restoration and replacement of the 5 roofing sections located at the Tillsonburg Community Centre to Northeast Roofing for the tendered price of $192,415 minus negotiated mobilization savings of $500 for a total award of $191,915 before applicable taxes. Carried 14.7.2. RCP 18-18, LLWP Capital Forecast and Slide Replacement RCP 18-18, LLWP Capital Forecast and Slide Replacement Resolution #16 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives RCP 18-18, LLWP Capital Forecast and Slide Tower Replacement; AND THAT staff provide more detailed information regarding recommissioning of the slide and future repairs that may be required at the April 23, 2018 Council Meeting. Carried 14.7.3. RCP 18-04, Awarding RFT 18-008 Lake Lisgar Waterpark Repair Project Reduced Scope of Work RCP 18-14 – Awarding RFT18-008 Lake Lisgar Waterpark Repair Project – Reduced Scope of Work Resolution #17 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 18-14 – Awarding RFT18-008 Lake Lisgar Waterpark Repair Project – Reduced Scope of Work; AND THAT Council award Tender RFT18-008 for the repairs of the Lake Lisgar Waterpark to PPL Aquatic, Fitness & Spa Group Inc. for the tendered price of $166,546 before applicable taxes and any contingency expenses. Carried 15. Unfinished Business 15.1. RCP 18-17, Trans-Canada Trail Update and Proposed Trail Extension RCP 18-17 - Trans-Canada Trail Update and Proposed Trail Extension Council Meeting – Minutes - 14 - PW 2018-11 Trans Canada Trail Update and Proposed Trail Extension CASO Corridor Trail map Resolution #19, Deferred from May 23, 2017 Council Meeting Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 17-32 – CASO Corridor Trail Extension; AND THAT brushing, trail surface and signage be implemented to bring the trail up to a safe and usable standard similar to that of the Trans Canada Trail up to a maximum of $60,000, to be funded from development charges (90%) and the Parklands Reserve Trust (10%); AND THAT a By-Law be brought forward for Council consideration to authorize the Mayor and Clerk to sign the Land Use Agreement with Oxford County to use the section of former CASO rail corridor in Tillsonburg between Quarter Town Line and the Trans Canada Trail as a recreational trail and active transportation link. Withdrawn Resolution #18 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 18-17, Trans-Canada Trail Update and Proposed Trail Extension; AND THAT Council approves an amendment to the trail route, identified in Schedule A of the Trans Canada Trail Agreement between the County of Oxford and the Town of Tillsonburg, to include an extension of the off road multi-use recreation trail, from west of Tillson Avenue to Quarter Town Line along the former Canada Southern Station (CASO) railway corridor within Tillsonburg. Carried 16. Staff Information Reports 16.1. RCP 18-13, Aquatic Department Staffing Change RCP 18-13 - Aquatic Department Staffing Change Resolution #19 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres Council Meeting – Minutes - 15 - THAT Council receives Report RCP 18-13, Aquatic Department Staffing Change, for information. Carried 17. Committee Minutes & Reports 17.1. Committee Minutes 180320 Airport Advisory Committee MIN 180320 Parks & Recreation MIN 180322 Museum MIN Resolution #20 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the Airport Advisory Committee Minutes dated March 20, 2018, the Parks and Recreation Advisory Committee Minutes dated March 20, 2018, and the Museum Advisory Committee Minutes dated March 22, 2018, as information. Carried 17.2. Long Point Region Conservation Authority Board of Directors Annual General Meeting Minutes of April 4, 2018 FA Minutes AGM 02 23 2018 - signed Resolution #21 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Long Point Region Conservation Authority Board of Directors Annual General Meeting Minutes of April 4, 2018, as information. Carried 18. Notice of Motions 19. Resolutions Resolution Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Staff start the public process for Zone Change ZN 7-18-01, 500 Broadway as the applicant was unable to attend the meeting; Council Meeting – Minutes - 16 - AND THAT the Notice of a Public Meeting be circulated in accordance with the Planning Act. Carried 20. Resolutions Resulting from Closed Session 21. By-Laws By-Laws from the Meeting of Monday, April 09, 2018 21.1. Resolution #22 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4181, To amend By-Law 3701, to amend Traffic By-Law 3701 permitting the use of All-Way stop control at the intersection of Quarter Town Line and Baldwin Street 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 21.2. Resolution #23 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT By-Law 4188, To Confirm the proceedings of the Council Meeting held on April 9 and 10, 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 22. Items of Public Interest Tree removal on Concession Street East will occur next week. 23. Adjournment Resolution #24 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, April 9, 2018 be adjourned at 5:27 p.m. on April 10, 2018. Carried