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180910 Council MIN 1 MINUTES Monday, September 10, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Hayes Councillor Rosehart Staff: David Calder, CAO Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Jeff Smith, Fire Chief Lana White, Deputy Clerk/Executive Assistant Laura Pickersgill, Legislative Services Coordinator Regrets: Donna Wilson, Town Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 pm. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, September 10, 2018, be adopted, as amended. Carried 2 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council meeting of Monday, August 13, 2018, be approved. Carried 7. Public Meetings Resolution # 3 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04 pm. Carried 7.1 Application for Minor Variance- A14-18- Autoneum Canada Ltd., 1451 Bell Mill Side Road Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report 2018-245, Minor Variance A-14-18. Opportunity was given for comments and questions from Council. The applicant or agent were not in attendance. No other members of the public appeared before Council in support of, or opposition to the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Rosehart Seconded By: Councillor Hayes 3 THAT the Committee of Adjustment approves Application File A14-18, submitted by Autoneum Canada Ltd (Jeff Miller), for lands described as Part Lot 11, Concession 4, NTR in the Town of Tillsonburg, as it relates to relief from Section 5.24.2.2.2 – Required Number of Accessible Parking Spaces, to reduce the required number of accessible parking spaces from seven to three. Carried 7.2 Application for Minor Variance- A15-18- Martin Petryshen and Lynda Walter, 7 Esseltine Drive Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report 2018-246, Minor Variance A-15-18. Opportunity was given for comments and questions from Council. The applicant, Martin Petryshen was in attendance in support of the application outlining the proposed changes to the property. Christopher Wright, 28 Hogarth Drive, owner of property to the rear of the subject property, appeared before Council in opposition of the application. Mr. Wright noted concerns that the deck may be too large and will take over too much grass area in the backyard. No other members of the public appeared before Council in support of, or in opposition to the application. Council passed the following resolution. Resolution # 5 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Committee of Adjustment approves Application File A15-18, submitted by Martin Petryshen and Lynda Walter, for lands described as Part Lot 69, Plan 41M-182 in the Town of Tillsonburg, as it relates to: 1. Relief from Section 7.5.5.2.12.1 (R2-5) – Porch, Balcony, Deck and Step Encroachments into Required Yards - Rear Yard, to increase the maximum permitted projection into a required rear yard for an uncovered deck from 2.5 m (8.2 ft) to 2.98 m (9.7 ft); and, 4 2. Relief from Table 5.37.1 – Permitted Projections into Required Yards, to permit a minimum setback between the deck and the rear lot line of 3.77 m (12.3 ft), instead of the required 4 m (13.1 ft); Subject to the condition that a building permit for the proposed deck shall be issued within one year of the date of the Committee's decision. Carried 7.3 Application for Minor Variance- A16-18- 2385667 Ontario Ltd., Blocks 7 and 9, Plan 41M-272 (Harvest Avenue) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report 2018-253, Minor Variance A-16-18. Opportunity was given for comments and questions from Council. The agent, Michael Higgins of G. Douglas Vallee, on behalf of Oxnard Developments, was in attendance and spoke in support of the application. No other members of the public appeared before Council in support of, or in opposition to, the application. Council passed the following resolution. Resolution # 6 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Committee of Adjustment approves Application File A16-18, submitted by 2385667 Ontario Limited (Michael Higgins), for lands described as Blocks 7 & 9, Plan 41M-272, Town of Tillsonburg, as it relates to relief from Section 7.2, Table 7.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R2-16(H)’ zoned lot from 40% to 60% of the lot area. Carried Resolution # 7 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 5 THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:47 pm. Carried 8. Planning Applications 8.1 Application for Zone Change - ZN 7-18-05 – Caverley, 610 Broadway Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report CP 2018-248, Zone Change ZN 7- 18-05. Opportunity was given for comments and questions from Council. The applicant, Kim Caverley, was in attendance and presented a PowerPoint outlining their support of the application. No other members of the public appeared before Council in support of, or in opposition to, the application. Council passed the following resolution. Resolution # 8 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council approves the zone change application submitted by Tom and Kim Caverley, whereby the lands described as Part Lot 7, Concession 10 (Dereham), Town of Tillsonburg, known municipally as 610 Broadway are to be rezoned from ‘Future Development Zone (FD)’ to ‘Special Service Commercial Zone (SC-23)’ to permit the development of one additional residential dwelling unit in an existing commercial building, for a maximum of two residential dwelling units in a non-residential building. Carried 9. Presentations 10. Delegations 10.1 Big Brothers Big Sisters Month Nicole Killaire, Development Coordinator for Ingersoll Big Brothers Big Sisters, presented information on the 'Paint Oxford Purple Campaign' in support of Big Brothers Big Sisters programs. 6 Resolution # 9 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Big Brothers Big Sisters Month delegation as information; AND FURTHER THAT Council supports the 'Paint Oxford Purple' campaign in Tillsonburg, and that staff facilitate. Carried 10.2 Bradburn Area Reconstruction Petition Ryan Cox and Paul Walker presented on behalf of the Bradburn Area Subdivision residents as to their reasons for wanting to eliminate the installation of sidewalks and boulevards in the subdivision. Opportunity was given for questions and comments from Council. Resolution # 10 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the Bradburn Area Reconstruction Petition as information. Carried Agenda item 14.6.2 was moved up and discussed after agenda item 10.2. Recess 8:08 pm. Council reconvened at 8:10 pm. 11. Deputation(s) on Committee Reports 12. Information Items 12.1 Oxford County's SouthwestLynx Proposal Resolution # 11 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 7 THAT Council supports Oxford County's SouthwestLynx proposal for the development of an Integrated High-Performance Public Transportation Solution for Southwestern Ontario. Carried 12.2 Emergency Management and Civil Protection Act Compliance Resolution # 12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives the correspondence in regards to the Emergency Management and Civil Protection Act (EMCPA) Compliance as information. Carried 13. Quarterly Reports 13.1 FIN 18-23, 2018 Second Quarter Financial Results Resolution # 13 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report FIN 18-23, 2018 Second Quarter Consolidated Results as information. Carried 13.2 FIN 18-22, 2018 Second Quarter Finance Department Results Resolution # 14 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report FIN 18-22, 2018 Second Quarter Finance Department results as information. Carried 13.3 DCS 18-34, 2018 Second Quarter Economic Development and Marketing Results 8 The slideshow presented to the Development Committee listing the names of businesses opened and closed in Q2 will be added to this agenda package for reference. Resolution # 15 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report DCS 18-34, 2018 Second Quarter Economic Development & Marketing Results as information. Carried 13.4 FRS 18-06, 2018 Second Quarter Fire Results Resolution # 16 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report FRS 18-06, 2018 Second Quarter Fire Results as information. Carried 13.5 RCP 18-26, 2018 Second Quarter Recreation Culture and Parks Results Resolution # 17 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 18-26, 2018 Second Quarter Recreation, Culture and Parks Results as information. Carried 13.6 DCS 18-30, 2018 Second Quarter Building, Planning & By-Law Services Results Resolution # 18 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 9 THAT Council receives Report DCS 18-30, 2018 Second Quarter Building, Planning & By-Law Services Results as information. Carried 13.7 OPS 18-22, 2018 Second Quarter Operations Services Results Resolution # 19 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 18-22, 2018 Second Quarter Operation Services Results as information Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.3 Development and Communication Services 14.4 Finance 14.5 Fire and Emergency Services 14.5.1 FRS 18-05, Fire Communications South Huron Resolution # 20 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report FRS 18-05 South Huron Fire Communications Contract; AND THAT the capital costs incurred be debt financed with a term not to exceed five (5) years; AND FURTHER THAT a by-law to authorize an agreement with the Corporation of the Municipality of South Huron for the provision of Fire Dispatch and Communications Services be brought forward for Council consideration. Carried 10 14.6 Operations 14.6.1 OPS 18-23, Oakpark Estates Subdivision Special Area Levy This item was removed from the agenda. 14.6.2 OPS 18-24, Results for Tender RFT 2018-009 Bradburn Area Reconstruction Stage 1 of 2 This item was moved up on the agenda after item after 10.2. Council discussed the installation and maintenance of sidewalks and boulevards. Resolution # 22 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report OPS 18-24, Results for Tender RFT2018-009 Bradburn Area Reconstruction Stage 1 of 2; AND THAT Council awards Tender RFT2018-009 to Blue-Con Construction of London, ON at a cost of $666,381.72 (net HST included), the lowest bid receiving satisfying all Tender requirements, less savings gained through the amended scope of work relating to the decision not to include boulevards and sidewalks. Carried 14.6.3 OPS 18-25, Results for Quotation RFQ 2018-002 CCTV Sewer Flushing Resolution # 23 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 18-25, Results for RFQ 2018- 004 CCTV & Sewer Flushing; AND THAT Council awards RFQ 2018-004 to DM Robichaud of Oshawa, ON at a cost of $85,071.36 (net HST included), the lowest bid received satisfying all bid requirements. Carried 11 14.7 Recreation, Culture & Park Services 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 24 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Heritage, Beautification and Cemeteries Committee minutes dated August 9, 2018, the Development Committee minutes dated July 10, 2018, the Memorial Park Revitalization Committee minutes dated June 18, 2018, and the Cultural Advisory Committee minutes dated July 4, 2018, as information. Carried 17. Motions/Notice of Motions 17.1 Notice of Motion for which Previous Notice is Given - Pool Grading Staff to set up a meeting with the property owner to determine a resolution for this issue and follow up with a staff report. Resolution # 25 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the letter to the Town dated 31 May 2018 from CJDL Consulting Engineers, as well as the associated drawings, referencing their 30 May 2018 pool grading site inspection at 111 Valley View Lane be received by Council as information; AND THAT the issue has been deliberated upon by Council the status of the open permit at 111 Valley View Lane is now to be considered approved or “closed,” although the decision of Council is not intended to be precedent setting in any way; AND FURTHER THAT a letter be prepared by the Town Building department outlining some more common pool, deck and/or fence construction issues/reminders, so that it can be distributed to all engineering firms and contractors from the Tri-County area (Oxford, Elgin, 12 Norfolk) whom have been involved with the construction of a pool in the Town in the last three years. WITHDRAWN Resolution # 25A Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the letter to the Town dated 31 May 2018 from CJDL Consulting Engineers, as well as the associated drawings, referencing their 30 May 2018 pool grading site inspection at 111 Valley View Lane be received by Council as information; AND THAT the matter be referred to staff for review and a follow up report for the first regular meeting of November. Carried 17.2 Notice of Motion for which Previous Notice is Given - PXO Crosswalk Temporary signage has been ordered to facilitate the safe crossing for pedestrians at the Trans-Canada Trail crossing at north Broadway. Resolution # 26 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the installation of an accessible PXO crosswalk for the Trans- Canada Trail crossing at North Broadway in 2020 be considered by Council during the 2019 budget deliberations. AND THAT in the meantime a staff report outlining appropriate temporary signage to facilitate increased pedestrian safety at this location is prepared for the first regular meeting of October. WITHDRAWN 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 4218, authorize an Agreement of Purchase and Sale with Tillsonburg Properties for Community Living 19.2 By-Law 4222, South Huron Fire Dispatch 13 19.3 By-Law 4223, To Amend Zoning By-Law 3295, ZN 7-18-05 610 Broadway Amendments Resolution # 27 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT By-Law 4218 To Authorize an Agreement of Purchase and Sale with Tillsonburg Properties for Community Living; and By-Law 4222, South Huron Fire Dispatch; and By-Law 4223, To Amend Zoning By-Law 3295, ZN 7-18-05 610 Broadway Amendments, 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. Confirm Proceedings By-law Resolution # 28 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT By-Law 4221, to Confirm the Proceedings of the Council Meeting held on September 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 21. Items of Public Interest Community Skating Rink is available for rentals beginning September 15, 2018. Memorial Skating Rink and the mini pad will be available beginning October 1, 2018. 2018 Municipal Election will be Telephone/Internet Voting. Electors will receive Voter Information Letters in the mail the last week of September. Contact 519- 688-3009 or visit www.tillsonburg.ca/election to ensure your name is on the Voters List. 22. Adjournment 14 Resolution # 29 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT the Council Meeting of Monday, September 10, 2018 be adjourned at 9:12 p.m. Carried