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181112 Council MIN 1 MINUTES Monday, November 12, 2018 5:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Hayes Councillor Rosehart Regrets: Councillor Adam Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Amelia Jaggard, Legislative Services Coordinator Regrets: Jeff Smith, Fire Chief Laura Pickersgill, Legislative Services Coordinator _____________________________________________________________________ 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, November 12, 2018, be adopted. Carried 1. Call to Order The meeting was called to order at 5:00 p.m. 2 2. Closed Session Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider personal matters about an identifiable individual, including Town employees; (Union Negotiations) Carried 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 # 3 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Minutes of the Council meeting of October 9, 2018, be approved. Carried 7. Presentations 7.1 Volunteer Achievement Award, Sandi Pake Presented by: Mayor Molnar and Mary Anne Van Geertruyde 8. Public Meetings Resolution # 4 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:11 p.m. Carried 8.1 Application for Minor Variance - A 18-18 - Tillsonburg Non-Profit Housing Corp., 43 Queen Street 3 Opportunity was given for comments and questions from Council. The applicant or agent were not in attendance. No members of the public appeared before Council in support of, or opposition to, the application. Council passed the following resolution. Resolution # 5 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres That the Committee of Adjustment approve Application File A18-18, submitted by Tillsonburg Non-Profit House Corp. (Reid and Deleye Contractors Ltd.), for lands described as Lot 459, Part Lots 460-462, Plan 500, municipally known as 43 Queen Street in the Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Aisle Width, to reduce the minimum required aisle width from 7.3 m (24 ft) to 5.8 m (19 ft), and 2. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Minimum Depth of Parking Space, to reduce the minimum parking space depth from 5.5 m (18 ft) to 4.6 m (15.1 ft). To allow for the creation of four (4) parking spaces for ‘compact cars’ on the subject lands. Subject to the following conditions: 1. the existing light standard to be removed be relocated, to the satisfaction of the Town; 2. any trees required to be removed be replaced, at a substantial size, to the satisfaction of the Town;\ 3. proposed parking spaces be controlled by the owner through a parking permitting system, and; 4. appropriate signage be erected to identify a permit is required for the parking of compact cars only; 5. the applicant provide confirmation by an Ontario Land Surveyor of the aisle width. Carried 4 8.2 Application for Minor Variance - A 19-18 - Simon Wagler Homes, 24 Morning Glory Drive Adam Ager, County Planner, County of Oxford, appeared before Council and presented Minor Variance Application A-19-18. Opportunity was given for comments and questions from Council. The applicant or agent were not in attendance. No members of the public appeared before Council in support of, or opposition to, the application. Council passed the following resolution. Resolution # 6 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres That the Committee of Adjustment approve Application File A19-18, submitted by Simon Wagler Homes, for lands described as Lot 143, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R1’ zoned lot from 33% to 36.7% of the lot area; and, 2. Relief from Section 6.2, Table 6.2 – Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 10.3 m (33.9 ft), to facilitate the construction of a single detached dwelling. 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 Amendment: Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:21 p.m. 5 Carried 8.3 Application for Zone Change - ZN 7-18-10_2385667-Ontario-Ltd_rpt Adam Ager, County Planner, County of Oxford, appeared before Council and provided an overview of Report CP2018-317, Application for Zone Change ZN 7-18-10. Opportunity was given for comments and questions from Council. The agent, Michael Higgins, GD Vallee Ltd., was in attendance and spoke in favour of the application. Glen Gilvesy, 80 B Potters Road, owner of the property across from the subject properties, appeared before Council in opposition of the application. Mr. Gilvesy noted concerns about increased traffic flow on Potters Road and concerns about the proposed parking space size on the subject properties. Mr. Gilvesy also raised concerns about Unit 1 of the subject properties obstructing the sight triangle at Potters Road and Harvest Road. Council passed the following resolution. Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council approve the zone change application (ZN 7-18-10) submitted by 2385667 Ontario Limited, to amend the existing ‘Special Low Density Residential Type 2 Zone – Holding (R2-16H)’ to include several site specific provisions related to minimum lot frontage, exterior side yard width and front yard depth to facilitate the development of 14 semi- detached dwellings and 8 street fronting townhouses. Carried 9. Planning Applications 9.1 CAO 18-14 - Application for Consent B18-34-7 - Lindprop Corporation CAO, David Calder, Town of Tillsonburg, presented CAO 18-14. 6 Opportunity was given for comments and questions from Council. Mr. Penner, a representative for Lindprop Corporation, was in attendance and spoke in favour of the application. Mark Vanderpoole, owner of a property adjacent to the subject lands, appeared before Council in opposition of the application. Mr. Vanderpoole noted concerns regarding the timing of development of Street 3. His concern was that if Street 3 was not constructed then Tanager becomes the main entrance to the development. He was also concerned about the grading and drainage as a result of the development. Council passed the following resolution. Resolution # 9 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive report CAO 18-14 Application for Consent B18-34-7 – Lindprop Corporation for information; AND THAT Council advise the Land Division Committee that the Town supports the proposal to sever the property subject to the conditions as contained in report CAO 18-14 Application for Consent B18-34-7 – Lindprop Corporation. Carried 10. Delegations 11. Deputation(s) on Committee Reports 12. Information Items 12.1 PW 2018-40 Carmeuse Lime Category 3 Permit Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive PW 2018-40 Carmeuse Lime Category 3 Permit as information. 7 Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.3 Development and Communication Services 13.3.1 DCS 18-35 Fence Variance – 68 Concession Street West Resolution # 11 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive report DCS 18-35 Fence Variance – 68 Concession Street West. AND THAT a variance to Fence By-Law 4007 be approved for the construction of a 2.15 m (7 feet) fence along a portion of the front (south) property line and a portion along the side (east) property line at 68 Concession Street West with the following conditions: 1. The fence is constructed entirely on the owner’s property; and 2. Pedestrian movement can be maintained as proposed in the variance request. Carried 13.3.2 DCS 18-36 DocuPet Animal Licencing Kevin MacKenzie presented to Council the DocuPet animal licencing software solution. Opportunity was given for comments and questions from Council. Resolution # 12 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report DCS 18-36 - DocuPet Animal Licencing as information. Carried 8 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 18 - 30 Gibson Pedestrian Bridge Replacement Resolution # 13 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receive Report OPS 18-30 Gibson Pedestrian Bridge Replacement Strategies; AND THAT Council refer the recommended strategy for the Gibson Pedestrian Bridge replacement in the amount of $200,000 to the 2019 capital budget deliberations. Defeated 13.6.2 OPS 18-31 Hanger 6 - Land Lease Resolution # 14 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receive Report OPS 18-31 Hanger 6 – Land Lease; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and Jeffery Wilkins for Hanger No. 6 be approved for assignment to George Gilvesy; AND THAT the Mayor and Clerk be authorized to execute the Land Lease Assignment with Jeffery Wilkins and George Gilvesy; AND THAT Council approve the termination of the recently assigned Land Lease Agreement between the Corporation of the Town of Tillsonburg and George Gilvesy for Hanger 6; AND FURTHER THAT a By-law authorizing Mayor and Clerk to execute a new Land Lease Agreement with George Gilvesy for Hanger 6 be brought forward for Council consideration. Carried 9 13.7 Recreation, Culture & Park Services 13.7.1 RCP 18-32 - Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades Resolution # 15 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-032 – Awarding RFT2018- 013 Tillsonburg Public Works Fleet Bay Lighting Upgrades; AND THAT Council award RFT2018-013 to Toews Power Systems for their tendered price of $35,603.00 before taxes. Carried 13.7.2 RCP 18-33 2019 Rates and Fees for Recreation, Culture & Parks Resolution # 16 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives report RCP 18-33 – 2019 Rates and Fees for Recreation, Culture & Parks; AND THAT the proposed 2019 rates & fees for RCP be approved AND THAT the changes be included in the 2019 Rates & Fees By- Law. Carried 13.7.3 RCP 18-34 J.L. Scott McLean Outdoor Recreation Pad Agreement Resolution # 17 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-34 – J.L. Scott McLean Outdoor Recreation Pad Agreement; 10 AND THAT Council agrees that when the pad is complete it will be turned over to the Town, which will fund the ongoing operational and maintenance costs; AND THAT a By-law authorizing the Mayor and Clerk to execute a Permission to Access and Modify Lands Agreement be brought forward for Council consideration Carried 13.7.4 RCP 18-35 Resurfacing the TCC's Emergency Route and Snow Melt Area Resolution # 18 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report RCP 18-35 – Resurfacing the TCC’s Emergency Route and Snow Melt Area; AND THAT Council authorize the resurfacing to base-course asphalt of the emergency route and snow melt area and installation of removable bollards east of the Tillsonburg Community Centre at the quoted price of $49,005 before taxes; AND THAT the funds come from the Tax Rate Stabilization Reserve. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes 15.1.1 Business Improvement Area Board Minutes Resolution # 19 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Business Improvement Area Board Minutes dated September 19, 2018 as information. 11 Carried 15.1.2 LPRCA Board Minutes Resolution # 20 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Long Point Region Conversation Authority Board Minutes dated September 5, 2018 and October 3, 2018, as information. Carried 16. Motions/Notice of Motions The report to be provided in January 2019. Resolution # 21 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT a full and complete report detailing the Town of Tillsonburg's current recycling program for municipal facilities be brought forward for information; AND THAT both comparison information of municipal facility recycling programs in similar sized communities, and cost implications of implementing a more robust municipal facility recycling program be brought forward for Council consideration; AND THAT any enhancement proposed in the municipal facility recycling program be considered in the 2019 budget deliberations. Carried 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4232, To Enter into an Airport Hanger Land Lease with George Gilvesy 18.2 By-Law 4231, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7- 18-10) 12 18.3 By-Law 4235 Permission to Access & Modify Town Lands Agreement Resolution # 22 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 4232, To Enter into an Airport Hanger Land Lease with George Gilvesy; and By-Law 4231, To amend Zoning By-Law 3295 (ZN 7-18-10), and By-Law 4235, Permission to Access & Modify Town Lands Agreement 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. Confirm Proceedings By-law 19.1 By-Law 4234 To Confirm the Meeting of November 12, 2018 Resolution # 23 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT By-Law 4234, to Confirm the Proceedings of the Council Meeting held on November 12, 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 Staff will bring the budget to the new council on December 17, 2018. The Tillsonburg & Area Optimist Club Christmas Parade is November 17, 2018. Reminder that the Town's Traffic Bylaw prohibits overnight parking on all streets from November 15 to March 31, between 2:00 a.m. and 6:00 a.m. This allows snowplow operators to safely and efficiently remove snow from local roadways. 21. Adjournment 13 Resolution # 24 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, November 12, 2018 be adjourned at 8:49 p.m. Carried