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190527 Council MIN 1 MINUTES Monday, May 27, 2019 4:30 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart 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 _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 pm. 2. Closed Session Resolution # 1 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council move into Closed Session for education or training of the members (Code of Conduct). Carried 3. Adoption of Agenda 2 Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council Meeting of Monday, May 27, 2019, be adopted. 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 Rosehart Seconded By: Councillor Gilvesy THAT the Minutes of the Council meeting held on Monday, May 13, 2019, be approved. Carried 7. Presentations 7.1 Draft Comprehensive Review Phase 1 Paul Michaels, Manager of Policy Planning, County of Oxford, appeared before Council to provide an overview of the findings of the Draft Comprehensive Review Phase 1. The purpose of the study is to provide a determination of the twenty year growth forecast to ensure policy supports growth. The study is updated on a five year basis when the census is released. It is also reviewed and updated annually to reflect issued building permits. The final report to County Council will be in June. Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 3 THAT Council receive the Draft Comprehensive Review Phase 1 presentation, as information. Carried 8. Public Meetings 8.1 Application for Zone Change - ZN 7-19-07 - 40 Cranberry Road (French) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Staff noted that there is no immediate plan to extend municipal services to the subject property. Opportunity was provided for comments and questions from Council. The applicant, Larry French, and his agent, Michael Graves, appeared before Council in support of the application. Graves noted that the applicant is asking Council to consider the uniqueness of the property and to provide an exception. French noted that he would be willing to sign appropriate documentation stating he would join municipal services if they were to become available at the property. No members of the public appeared before Council either in support of or opposition to the application. Council passed the following resolution. Motion Moved by: Councillor Gilvesy Seconded by: Councillor Parker THAT application for Zone Change ZN 7-19-07 – Larry French be approved provided that the applicant meet the requirements from LPRCA; AND THAT the Applicant provides the necessary on site evaluation as noted by the Tillsonburg Building Services Department. be approved provided that the applicant meet the requirements of the LPRCA. Carried. If municipal services become available at the subject lands the owner will be required to hook up to the municipal services. 4 The amending by-law will be brought forward at the Council meeting on Thursday, June 13, 2019. 8.2 Application for Zone Change - ZN 7-19-06 - 155 Wilson Ave (Retsinas) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Staff noted that the recommendation to approve-in-principal is based on the Bonusing Provisions of the Planning Act (Section 37), which would require the applicant to enter into a Bonusing Agreement. The agreement and amending by-law would be brought back to Council. Opportunity was provided for comments and questions from Council. Staff noted that it would be difficult to justify changing the zoning to R3 if the proposed project was not for the purpose of providing affordable housing. The applicant, Tillsonburg Property Corporation, was present. The agent, Harry Froussion, Zelinka Priamo Limited, appeared before Council in support of the application. Froussion noted that the project was designed by an architect experienced with municipal by-laws. They are confident that the architect has identified and met requirements, and that the property does not warrant a second egress access. Froussion noted that existing site lines on Concession St W prohibit access onto Concession Street West from the subject property. No members of the public appeared before Council in support of the application. Leo Archdeka, 43 Hawkins Street, appeared before Council in opposition to the application. Archdeka noted concerns about the egress access to the property and the ability for emergency vehicles to safely access the property. Archdeka noted that residents of Hickory Hills oppose the application. Pat Carlson, 94 Wilson Avenue, appeared before Council in opposition to the application. 5 Carlson noted concerns about the proposed reductions and increases to the minimum lot area and maximum number of dwellings per building and buildings per lot provisions of the Zoning By-Law. Carlson noted that the Planning Justification Report identifies the Hickory Hills Resident Association’s Community Centre as a neighbourhood park. The Association signed a 99 year lease with the Town of Tillsonburg on the property and there are 77 years remaining on the lease. Harvey Fishback, 77 Concession Street West, appeared before Council in opposition to the application. Fishback noted concerns about increased traffic flow on Wilson Avenue impacting neighbouring properties and generating a need to update the road at the expense of the tax payer. Fishback also noted concerns about increased traffic at the corner of Concession Street and Charlotte Avenue which could result in more accidents. Clive Berry, 35 Wilson Avenue, appeared before Council in opposition to the application. Berry noted that he was contacted by a representative of the developer in February of 2019. The representative requested an opportunity to speak with the Hickory Hills Board of Directors in order to overcome the negative items that were expressed by previous applicants. A date and time could not be organized for this meeting. Carsten Schernekav, 20 Wilkins Crescent, appeared before Council in opposition to the application. Schernekav noted concerns about snow removal at the property and the lack of storage space for tenants. Bill Woychesko,102 Wilson Avenue, appeared before Council in opposition to the application. Woychesko noted concerns about the slope on the property resulting in slips and falls. Froussion noted that the applicant held a public open house regarding the project; at least fifty people were in attendance. 6 Resolution # 6 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT Council approve-in-principle the zone change application submitted by Tillsonburg Property Corporation, whereby the lands described Part Lot 5, Plan 1646, and Parts 1, 3 & 8 of Reference Plan 41R-9148 known municipally as 155 Wilson Avenue are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Bonus Zone (R3-sp)’ to facilitate the development of two, 2-storey multiple unit dwellings consisting of 28 apartment dwelling units; AND FURTHER THAT Council authorize the Mayor and Clerk to enter into an agreement with Tillsonburg Property Corporation under Section 37(3) of the Planning Act regarding the provision of 25 affordable housing units at 155 Wilson Avenue in the Town of Tillsonburg. Defeated 9. Planning Applications 10. Delegations 11. Deputation(s) on Committee Reports 11.1 DCS 19-09 - EDAC Advice Regarding Growth Forecast and Land Needs Analysis Jesse Goossens, Chair, Economic Development Advisory Committee, was not in attendance. Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive Report DCS 19-09 EDAC Advice Regarding Growth Forecasts and Land Need Analysis; AND THAT the items identified by the Economic Development Advisory Committee be forwarded to the Oxford County Planning Department for consideration. Carried 12. Information Items 7 13. Mayor's Report 13.1 MYR 19-07 - Oxford County Update Council recessed at 8:13 p.m. Council resumed regular session at 8:17 p.m. Tillsonburg Town Council should have the opportunity to comment on the Transportation Master Plan. Resolution # 8 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receives report MYR 19-07 Oxford County Update, as information. Carried 14. Quarterly Reports 14.1 FIN 19-08 - 2018 Fourth Quarter Consolidated Results Staff noted that the first quarter results for 2019 will be available at the next Council meeting. Resolution # 9 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report FIN 19-08 2018 Fourth Quarter Consolidated Results, as information. Carried 14.2 FIN 19-07 - 2018 Fourth Quarter Department Results - Finance 14.3 DCS 19-13 - 2018 Fourth Quarter Department Results - Economic Development and Marketing 14.4 DCS 19-14 - 2018 Fourth Quarter Department Results - Building, Planning and By-Law Services 14.5 FRS 19-06 - 2018 Fourth Quarter Department Results - Fire and Rescue Services 8 14.6 OPS 19-18 - 2018 Fourth Quarter Department Results - Operations Services 14.7 RCP 19-23 - 2018 Fourth Quarter Department Results - Recreation, Culture and Parks Staff to provide an update on the Clearview Drive extension project timeline. Development Commissioner will follow up with regards to the Wayfinding Signage project. The Downtown Revitalization Report will be on the next Agenda. Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receive 2018 Fourth Quarter Department Results, as information. Carried 15. Staff Reports 15.1 Chief Administrative Officer 15.1.1 CAO 19-05 - Regional Review Council Committee Report Resolution # 16 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Regional Review Council Committee supports the position of Tillsonburg Council and the County of Oxford for a two tier governance system in Oxford; AND THAT the committee recommends to Council that once the province determines the government structure that the municipality be included in a consultation process which includes the service level review in Oxford County; AND THAT this resolution be provided to the Minister of Municipal Affairs and Housing, to the Minister of Agriculture, Food and Rural Affairs and to the area municipalities including the County of Oxford. 9 Carried 15.2 Clerk's Office 15.2.1 CLK 19-15 - Code of Conduct Resolution # 17 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Report CL 19-15, Code of Conduct, be received; AND THAT a By-Law to authorize the Code of Conduct Policy be brought forward for Council consideration. Carried 15.3 Development and Communication Services 15.3.1 DCS 19-10 - Graffiti By-Law Geno Vanhaelewyn, Chief Building Official, appeared before Council to answers questions. Resolution # 18 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report DCS 19-10 Graffiti By-law for information. AND THAT Graffiti By-Law 4278 to prohibit and regulate graffiti in the Town of Tillsonburg be brought forward for Council consideration. Carried 15.4 Finance 15.4.1 FIN 19-09 - 2019 Budgetary Estimates and Tax Rates Staff to provide clarification that all landowners in the core area contribute to parking in the downtown area. 10 Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report FIN 19-09 2019 Budgetary Estimates and Tax Rates; AND THAT By-Law 4299 to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2019 be brought forward for Council consideration. Carried 15.4.2 FIN 19-10 - 2019 Audit RFP Results Resolution # 20 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report FIN 19-10 2019 Audit RFP Results. as information; AND THAT Council approves Millard, Rouse & Rosebrugh LLP (Millards) as the Town’s Auditor for the years ending December 31, 2019 through to December 31, 2023. Carried 15.5 Fire and Emergency Services 15.6 Operations 15.6.1 OPS 19-19 - Strategic Asset Management Policy Resolution # 21 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receive Report OPS 19-19 Strategic Asset Management Policy; AND THAT Council adopt the Strategic Asset Management Policy. Carried 11 15.6.2 OPS 19-20 - Airport Hanger Land Lease Taxiway G1 Lot 1 Resolution # 22 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receive Report OPS 19-20 Airport Hanger Land Lease Agreement Taxiway G1 Lot 1; AND THAT By-Law 4309 to authorize the Airport Hanger Land Lease Agreement with Karl Szordykowski of Lime Tree Assembly Inc., be brought forward for council consideration. Carried 15.6.3 OPS 19-21 - Airport Hanger Land Lease Taxiway G3 Lot 3 Resolution # 23 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive Report OPS 19-21 Airport Hanger Land Lease Agreement Taxiway G3 Lot 3; AND THAT By-Law 4310 to authorize the Airport Hanger Land Lease Agreement with #1474528 Ontario Inc. / Dave Hewitt, be brought forward for Council consideration. Carried 15.6.4 OPS 19-22 - Results for Tender RFT 2019-010 Hydro Utility Truck Resolution # 24 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive Report OPS 19-22 Results for Tender RFT 2019-010 Hydro Utility Truck; AND THAT Council award Tender RFT 2019-010 to Posi-Plus Technologies Inc. of Victoriaville, Quebec at a cost of $347, 896.07 (net HST included), the only bid received; 12 AND FURTHER THAT Council authorize a $47,896.07 increase in utility funded debt proceeds to fund the remaining project cost. Carried 15.6.5 OPS 19-23 - Connecting Link Funding Program Designated Project Resolution # 25 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive Report OPS 19-23 Connecting Link Funding Program Designated Project; AND THAT Oxford/Simcoe Street Rehabilitation from Broadway to Vienna Road be endorsed as the Town’s project for the Connecting Link funding application; AND THAT the submitted Application meets the requirements of MTO’s Connecting Links Program as described in the Program Guide; AND THAT a comprehensive asset management plan including connecting links has been completed and publically posted; AND THAT the municipality will comply with the conditions that apply to designated connecting links under the Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; AND THAT the project will be completed within the milestones stated in the Application; AND THAT the Application is complete and factually accurate; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. Carried 15.6.6 OPS 19-24 - Broadway and Trans Canada Trail PXO Staff confirmed that the marketing approach for this project will include a partnership with the OPP to help bring awareness to the community and motorist, in addition to promotional packages. 13 Resolution # 26 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive Report OPS 19-24 Broadway and Trans Canada Trail PXO; AND THAT By-Law 4306 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for Council’s consideration. Carried 15.7 Recreation, Culture & Park Services 16. New Business 17. Consideration of Committee Minutes 17.1 Committee Minutes Staff noted that Advisory Committee Agendas are available on the Town of Tillsonburg website. Resolution # 27 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee Minutes dated May 1, 2019 and May 6, 2019, the Economic Development Advisory Committee Minutes dated May 14, 2019, the Regional Review Council Committee Minutes dated May 21, 2019, and the Tillsonburg Transit Advisory Committee Minutes dated May 21, 2019, as information. Carried 17.2 Business Improvement Area Board of Management Minutes Resolution # 28 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 14 THAT Council receive the Business Improvement Area Board of Management Minutes dated December 18, 2018, January 16, 2019, February 21, 2019 and March 21, 2019, as information. Carried 17.3 Police Services Board Minutes Resolution # 29 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the Police Services Board minutes dated April 17, 2019, as information. Carried 18. Motions/Notice of Motions 19. Notice of Motion for which previous Notice was Given 19.1 Councillor Gilvesy - Taxation Stabilization Reserve Resolution # 30 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Commercial Taxiway Rehabilitation, the Risk Assessment of Public Access at the Airport and the Airport Hydro Load Capacity Testing at the Tillsonburg Airport be funded from the Taxation Stabilization Reserve in the total amount of $50,000; AND THAT the $50,000 be reimbursed (refunded) to the Taxation Stabilization Reserve from the sale of airport lands. Carried 20. Resolutions/Resolutions Resulting from Closed Session 21. By-Laws 21.1 By-Law 4278, To Prohibit Graffiti on Private Property 21.2 By-Law 4305, To Adopt a Code of Conduct and Repeal By-Law 3979 21.3 By-Law 4306, To Amend By-Law 3701 15 21.4 By-Law 4309, To Authorize an Airport Hanger Land Lease with Szordykowski 21.5 By-Law 4310, To Authorize an Airport Hanger Land Lease with Hewitt 21.6 By-Law 4311, To Adopt a Strategic Asset Management Policy 21.7 By-Law 4299, 2019 Final Levy Resolution # 31 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-Law 4278, To Prohibit Graffiti on Private Property; and By-Law 4305, To Adopt a Code of Conduct and Repeal By-Law 3979; and By-Law 4306, To Amend By-Law 3701; and By-Law 4309, To Authorize an Airport Hanger Land Lease with Szordykowski; and By-Law 4310, To Authorize an Airport Hanger Land Lease with Hewitt; and By-Law 4311, To Adopt a Strategic Asset Management Policy; and By-Law 4299, 2019 Final Levy, 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. Confirm Proceedings By-law Resolution # 32 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-Law 4308 to Confirm the Proceedings of the Council meeting held on May 27, 2019, 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 23. Items of Public Interest 16 The Business Improvement Area Board of Management has initiated a Beautification Program in the downtown which includes new tables, chairs and plants. The tables and chairs will be removed in October. Designated smoking areas will be identified in the future. The Oxford County Trails Festival/ Keep Tillsonburg Beautiful/ Take a Hike Oxford will run on Sunday in Tillsonburg at the Trailhead on Broadway St. south of North St. from 12:30 to 4 p.m. The TGO Transit system is transitioning to a route system. Feedback is welcome. Tillsonburg Turtlefest will be held June 14, 2019 to June 16, 2019. The next Council Meeting will be on Thursday, June 13, 2019. 24. Adjournment Resolution # 33 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, May 27, 2019, be adjourned at 9:10 p.m. Carried