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180625 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres (arrived at 7:46pm) Councillor Max Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Sheena, Manager of Finance / Deputy Treasurer Corey Hill, Parks and Facilities Manager Lana White, Executive Assistant/Deputy Clerk Regrets: 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 6:00pm. 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 25, 2018 be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, June 25, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Minutes - 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 June 14, 2018 180614 Councl MIN Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of June 14, 2018 be approved. Carried 6. Public Meetings Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. 6.1. Application for Minor Variance - A-10/18, Greg McCurdy, 695 Broadway A-10/18 Report Report Attachments Application A-10/18 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report 2018-183, Minor Variance Application A-10/18. Opportunity was given for comments and questions from Council. The applicant, Greg McCurdy, was in attendance, and spoke in favour of the application, noting a change in the proposed location of the garage. No members of the public appeared before Council in support of, or in opposition to, the application. Council passed the following resolution. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart Council Meeting – Minutes - 3 - THAT the Committee of Adjustment approve Application File A-10/18, submitted by Greg McCurdy, for lands described as Part Lot 7, Concession 10 (Dereham), Town of Tillsonburg, as it relates to permission to construct a residential accessory building, as well as a front yard deck on lands considered legal non-conforming, subject to the following conditions: i. The accessory building is permitted to a maximum of 78 m2 (840 ft2); ii. The minimum setback of 5 m (16.4 ft) must be maintained between the proposed accessory building and the existing septic system leaching bed distribution pipes; iii. A minimum front yard depth of 1.75 m (5.7 ft) must be maintained; and iv. Grading plans are to be provided for the proposed garage. Carried 6.2. Application for Minor Variance - A-11/18, Edward Whinnery, 49 Woodhaven Drive A-11/18 Report Report Attachments Application A-11/18 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report 2018-178, Minor Variance Application A-11/18. Opportunity was given for comments and questions from Council. The applicant, Edward Whinnery, was in attendance, and spoke in favour of the application. No members of the public appeared before Council in support of, or in opposition to, the application. One written submission was received from Ted Luscher, 31 Wood Haven Drive, in opposition to the application. Council passed the following resolution. Resolution #5 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the Committee of Adjustment approve Application File A11/18, submitted by Edward Whinnery, for lands described as Lot 30, Plan 41M-232, Town of Tillsonburg, as it relates to: Council Meeting – Minutes - 4 - 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to reduce the required interior and rear yard setback for a residential accessory structure (a gazebo) from 1.2 m (3.9 ft) to 0.66 m (2.17 ft) and 0.56 m (1.83 ft), respectively; and 2. Relief from Table 6.2 – Low Density Residential – Type 1 Zones (R1A), to increase the maximum lot coverage from 35% lot area to 37%, 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 #6 Moved By: Councillor Adam Seconded By: Councillor Hayes THAT Council move out of the Committee of Adjustment and move back into regular Council session. Carried 6.3. Application for Draft Plan of Subdivision Approval and Zone Change (SB 18-02-7 & ZN 7-18-04), Oxnard Developments SB 18-02-7 & ZN 7-18-04_rpt Report Attachments Application SB 18-02-7 Application ZN 7-18-04 Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Report CP 2018-173, Application for Draft Plan of Subdivision and Zone Change (SB 18-02-7 & ZN 7-18-04). Opportunity was given for comments and questions from Council. The agent, Mr. Higgens, G.Douglas Vallee Limited, was in attendance and spoke in favour of the application. No members of the public appeared before Council in support of, or in opposition to, the application. Mr. Gilbert to add the word ‘noise’ to Condition 9 of the Report. The Agent, Mr. Higgens, was in agreement with the addition. The application will go before County Council July 11, 2018. Council Meeting – Minutes - 5 - Council passed the following resolution. Resolution #7 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council approves in principle the zone change application (ZN 7-18-04) submitted by 2385667 Ontario Limited, to rezone the subject property from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ and ‘Special Medium Density Residential Zone (RM-sp)’ to facilitate the development of a residential draft plan of subdivision; AND FURTHER THAT Council advise County Council that they support the application of 2385667 Ontario Limited, to create a draft plan of subdivision (File No. SB 18-2-7) for lands described as Part of Lot 24, Plan 1653, in the Town of Tillsonburg, subject to the conditions of draft approval as contained in Report CP 2018-173. Carried 7. Planning Applications 7.1. Request for Extension of Draft Plan Approval - 32T-07006 - Lindprop 32T-07006 DAE Report Report Attachments Eric Gilbert, Senior Planner, County of Oxford, was present and was available to answer Council’s questions. Resolution #8 Moved By: Councillor Adam Seconded By: Councillor Rosehart THAT Council supports an extension of draft approval for a plan of subdivision submitted by Lindprop Corp., for lands described as Lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg, to October 22, 2020, to grant additional time to satisfy the conditions of draft plan approval and register the draft plan of subdivision. Carried 8. Delegations and Presentations 8.1. Volunteer of the Month - Sandra Andrews Presented by: Mayor Molnar and Councillor Stephenson Council Meeting – Minutes - 6 - 9. Committee Reports & Presentations 9.1. CL 18-22, Century Plaque Program Policy Presented By: Councillor Esseltine, Heritage, Beautification and Cemetery Committee CL 18-22, Century Plaque Program Policy 9-008 Century Plaque Program- DRAFT Century Plaque Program Application Form Century Plaque Program Procedure Councillor Esseltine, a member of the HBC Committee, provided an overview of the Century Plaque Program Policy. Noted was that this program should be for all buildings, not just houses. Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report CL 18-22, Century Plaque Program Policy; AND THAT Council supports the recommendations of the Heritage, Beautification and Cemetery Committee; AND FURTHER THAT a by-law to adopt the Century Plaque Program Policy be brought forward for council consideration. Carried 10. Information Items 10.1. Update on Norfolk County Official Plan Review CP 2018-143- Update to Proposed Changes to Norfolk County OP Eric Gilbert, Senior Planner, County of Oxford, was in attendance to provide comment and to answer questions from Council. Resolution #10 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives CP Report 2018-143, Norfolk County Official Plan Changes - Norfolk Mall, as information. Carried Council Meeting – Minutes - 7 - 11. Mayor 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. CAO 18-07, Resident’s Concerns – North Park Phase 1 – Langrell Ave CAO18-07 Residents Concerns - North Park Phase 1 - Langrell Ave David Calder, CAO, provided an overview of Report CAO 18-07. Opportunity was given for Council to comment and ask questions. Staff to provide additional information through finance in regards to the development remediation fund. The intent is for work to be completed this construction season where possible, but some work may go into 2019. Staff will be meeting with the neighbourhood representative, to discuss expectations, timing, etc. Cindy Allen, resident of Langrell Avenue, was given opportunity to ask questions. Resolution #11 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CAO 18-07, Resident’s Concerns – North Park Phase 1 - Langrell Ave for information; AND THAT staff be authorized to take the actions as noted in Report CAO 18-07 Resident’s Concerns – North Park Phase 1 - Langrell Ave to address the concerns raised by residents of North Park Phase 1; AND THAT securities held by the Town of Tillsonburg for North Park Phase 1 - Langrell Ave in the amount of approximately $65,245.26 and additional funding of approximately $150,000.00 from the Development Remediation Reserve Fund for a total of $215,245.26 be allocated to complete the subdivision deficiencies. Carried 13.1.2. CAO 18-10, Update - Wood Haven Subdivision Outstanding Works CAO 18-10 Update - Wood Haven Subdivision Outstanding Works Attachment 1 to CAO 18-10 Council Meeting – Minutes - 8 - Attachment 2 to CAO 18-10 David Calder, CAO, provided an overview of Report CAO 18-10. Opportunity was given for Council to comment and ask questions. Next steps were discussed and Council passed the following resolution. Deputy Mayor Beres arrived at 7:46pm. Resolution #12 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CAO 18-10 Update - Wood Haven Subdivision Outstanding Works; AND THAT Council direct Staff to notify the Developer that the Town will be utilizing the remaining posted securities to complete the outstanding works and charge back to the Developer any funding deficiencies. The Town would then initiate the tender process. Carried 13.2. Clerk’s Office 13.2.1. CL 18-23, Council Remuneration CL 18-23 Council Remuneration 2-008 Council Expense Policy Draft (3) By-Law 4207 Council Remun 2014 - 2018 Council and Mayor Comp tax balanced Council Expense Policy - Corporate Policy AMO 2017 Annual Council Remuneration Servey RemunerationSurvey-2017 Council Remuneration Data AMCTO council compensation 2018 Resolution #13 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CL 18-23, Council Compensation; AND THAT By-Law 4206 to authorize the Council/Local Board Expense policy be brought forward for Council consideration; Council Meeting – Minutes - 9 - AND THAT By-Law 4207 to establish the rate of remuneration for members of Council be brought forward for Council consideration. Carried 13.3. Development and Communication Services 13.3.1. DCS 18-26, Community Improvement Plan Application – 10 Clearview Dr Report DCS 18-26 Application The Development Commissioner was in attendance to provide comment and answer questions from Council. Resolution #14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DCS 18-26, Community Improvement Plan Application – 10 Clearview Drive; AND THAT the 10 Clearview Drive property be approved for the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: • Years 1 to 6 - 100% rebate of the incremental tax increase • Year 7 - 80% rebate • Year 8 - 60% rebate • Year 9 - 40% rebate • Year 10 - 20% rebate • with full property taxes being payable in 2029; and, • a 50% rebate of the building permit fees. Carried 13.3.2. DCS 18-27, Community Improvement Plan Application – 83 Rolph Street Report DCS 18-27 Application The Development Commissioner was in attendance to provide comment and answer questions from Council. Council Meeting – Minutes - 10 - Resolution #15 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report DCS 18-27, Community Improvement Plan Application – 83 Rolph Street; AND THAT the 83 Rolph Street property be approved for the Accessibility Renovation Grant, the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: • Years 1 to 6 - 100% rebate of the incremental tax increase • Year 7 - 80% rebate • Year 8 - 60% rebate • Year 9 - 40% rebate • Year 10 - 20% rebate • with full property taxes being payable in 2029; and, • a 50% rebate of the building permit fees. Carried 13.4. Finance 13.4.1. FIN18-18, Ground Lease Agreement History FIN18-18 Ground Lease Resolution #16 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Report FIN18-18, Ground Lease Agreement History be received, as information. Carried 13.4.2. FIN 18-19, 2017 Surplus Allocation 2018 Surplus Allocation Resolution #17 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report FIN 18-19, 2017 Surplus Allocation, as information; Council Meeting – Minutes - 11 - AND THAT Council approves the allocation of the 2017 surplus of $239,598 be contributed to specific reserves; Fleet & Equipment $235,000; and the balance to Tax Rate Stabilization $4,598. Carried 13.4.3. FIN 18-20, 2017 Financial Statement Reconciliation FS Reconciliaton Resolution #18 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report FIN 18-20, 2017 Financial Statement Reconciliation, as information. Carried 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-17, Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation OPS 18-17 Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation Resolution #19 Moved By: Councillor Adam Seconded By: Councillor Hayes THAT Council receives Report OPS 18-17, Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation; AND THAT Council awards Tender RFT 2018-010 to Permanent Paving Ltd. of Woodstock, ON at a cost of $1,014,849.97 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 13.7. Recreation, Culture & Park Services 13.7.1. RCP 18-24, Green Energy Act Reporting 2018 RCP 18-24 - Green Energy Act Reporting 2018 Energy consumption spreadsheet Council Meeting – Minutes - 12 - Resolution #20 Moved By: Councillor Adam Seconded By: Councillor Stephenson THAT Council receives Report RCP 18-24, Green Energy Act Reporting 2018, for information; AND THAT Council approves the Energy Consumption and GHG Emissions report for 2018. Carried 14. Unfinished Business 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 180531 Museum Advisory MIN 180607 HBC Committee MIN Resolution #21 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Museum Advisory Committee Minutes dated May 31, 2018, and the Heritage, Beautification & Cemetery Advisory Committee Minutes dated June 7, 2018, as information. Carried 17. Notice of Motions 17.1. Notice of Motion Consideration of the Notice of Motion was deferred to the July 9, 2018 Council Meeting. Resolution #22 Moved By: Councillor Rosehart Seconded By: THAT By-Law 3507, to provide for the licensing, regulation and control of animals within the Town of Tillsonburg, be amended to allow chickens to be kept in a structure/coop in rear yards of properties within the municipal boundaries of the Town of Tillsonburg. Council Meeting – Minutes - 13 - 18. Resolutions 19. By-Laws By-Laws from the Meeting of Monday, June 25, 2018 19.1. Resolution #23 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT By-Law 4204, To adopt the Century Plaque Program Policy; and By-Law 4206, To Adopt the Council/Local Board Expense Policy; and By-Law 4207, To Establish the Rate of Remuneration for Council; and By-Law 4210 , To Amend By-Law 4079, Building By-Law Deposit 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 19.2. Resolution #24 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT By-Law 4208, To confirm the proceedings of Council at its meeting held on the 25th day of June, 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 20. Items of Public Interest The Museum is celebrating its 45th Anniversary, June 29, 2018. A Pancake Breakfast will be held at the Station Arts Centre July 1, 8:00am to 12:00noon. Lake Lisgar Waterpark will officially open July 1, 11:00am to 7:00pm. A schedule of Canada Day events can be found on the Town website, www.tillsonburg.ca Beyond the Garden Gate Tour is Saturday, July 7. Tickets are available at Garden Gate. 21. Adjournment Resolution #25 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, June 25, 2018 be adjourned at 8:43 p.m. Carried