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190423 Council MIN 1 MINUTES Tuesday, April 23, 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 Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Lana White, Deputy Clerk/Executive Assistant Terry Saelens, Acting Fire Chief Regrets: Kevin De Leebeeck, Director of Operations _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session Resolution # 1 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council moves into Closed Session to consider:  personal matters about an identifiable individual, including Town employees (recruitment process); and 2  a proposed or pending acquisition or disposition of land by the Town (proposed land acquisition) Carried 3. Adoption of Agenda Resolution # 2 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Meeting of Tuesday, April 23, 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 Luciani Seconded By: Deputy Mayor Beres THAT the Minutes of the Council Meeting of April 8, 2019 be approved. Carried 7. Presentations 8. Public Meetings 8.1 Application for Zone Change - ZN 7-19-01 - Regine Ross(DiLella) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Report CP 2019-111 for the Application for Zone Change ZN 7-19-01 - Regine Ross (DiLella) Opportunity was given for comments and questions from Council. The solicitor for the applicants, Lisa Gilvesy, was in attendance and spoke in favour of the application. 3 The owners/applicants, Stephen and Yonna DiLella, were in attendance, in support of the application. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council approves the zone change application submitted by Regine Ross (Stephen and Sibylle DiLella), whereby the lands described as Part Lot 8, Concession 12 (Dereham), Town of Tillsonburg, and further described as the lot to be severed from consent application B18-65-7, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to recognize the new use of the property as residential and satisfy condition of consent application B18-65-7. Carried 8.2 Application for Zone Change - ZN 7-19-05 - 83 Rolph Street - Oxford Lofts Inc. Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Report CP 2019-117 for the Application for Zone Change ZN 7-19-05 - Oxford Lofts Inc. Opportunity was given for comments and questions from Council. The applicant, Andrew Teeple of Athon Construction and Development Corporation, was in attendance and spoke in favour of the application. Mr. Teeple provided information regarding the change in ownership and changes to the property, including additional units and amenities. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 5 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 4 THAT Council approves the zone change application submitted by Oxford Lofts Incorporated, whereby the lands described as Lot 761 and Part of Lots 763 & 764A, Plan 500, known municipally as 83 Rolph Street, are to be rezoned to amend the provisions of the ‘Special Entrepreneurial Zone (EC-9)’ to reduce the required minimum gross floor area per unit for 3 dwelling units to 26.6 m2 (286 ft2) to facilitate the residential conversion of the former Rolph Street Public School. Carried 9. Planning Applications 9.1 Application for Zone Change - ZN 7-18-13 - Performance Communities Realty Inc. Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Report CP 2019-118 for the Application for Zone Change ZN 7-18-13 - Performance Communities Realty Inc. Resolution # 6 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council approves the zone change application, File No. ZN 7-17-11, as submitted by Performance Communities Realty Inc., for lands described as Block 81, Registered Plan 41M-329, in the Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 2 of Andrews Crossing. Carried 10. Delegations 10.1 Restoration of Memorial Park Pillars Mr. David Morris, President of the Tillsonburg District Historical Society, appeared as a delegation. Mr. Morris shared information about the history of the Memorial Park Pillars, and provided information in regards to the restoration project. The intent of the Historical Society is to repoint and recap the six pillars at the two entrance ways. Cost of the project is expected to be approximately $4,000 and the Society is prepared to proceed this spring, with completion and a dedication ceremony to follow. 5 Donations for future projects of the Historical Society can be made at Annandale NHS. Tax receipts will be issued. Resolution # 7 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Delegation - Restoration of Memorial Park Pillars be received, as information. Carried 11. Deputation(s) on Committee Reports 12. Information Items 12.1 Correspondence from Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs Resolution # 8 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives the correspondence from Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, as information; AND FURTHER THAT a Regional Review Committee of Council be created; AND THAT Mayor Molnar, Councillor Parker and Councillor Gilvesy be appointed to form the Regional Review Committee; AND THAT a member of the Tillsonburg Chamber of Commerce, Tillsonburg BIA and Economic Devleoment Committee be invited to participate in the Regional Review Committee; AND THAT the Regional Review Committee develop Made in Tillsonburg options to bring back to Council for the purpose of sending a submission to the Regional Review Advisors and Minister of Municipal Affairs and Housing. Carried 13. Staff Reports 13.1 Chief Administrative Officer 6 13.1.1 CAO 19-03 - Tillsonburg Hydro System Expansion Charges CAO David Calder spoke to Report CAO 19-03. Ian McKenzie, General Manager, Tillsonburg Hydro Inc., was also in attendance to answer Council's questions. Resolution # 9 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report CAO-19-03 - Tillsonburg Hydro Inc – System Expansion Charges, for information; AND THAT the report be referred to the Shareholder meeting for discussion. Carried Resolution # 10 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council moves into a Special Shareholder Meeting of Tillsonburg Hydro Inc. at 7:07 pm. Carried 13.1.2 Special Meeting of the Shareholder of THI Dan Rasokas, Chair, Tillsonburg Hydro Inc. and Ian McKenzie, General Manager, Tillsonburg Hydro Inc. were in attendance to provide information and answer questions of the Shareholder. Vice-Chair Ann Loker and Board Member Alex Urbanowicz, were also in attendance. Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Shareholder respectfully request THI to review and reconsider their current economic evaluation cost sharing model; AND THAT THI consider alternate options such as: - using the previous model prior to January 1, 2019, or 7 - to phase in the new model over a period of 3 to 5 years to lessen the impact on Developers, or - implement a model that captures O, M and A and not D and I, while taking into consideration the impact on Development and positioning Tillsonburg so that Tillsonburg is competitive with the local surrounding area; AND THAT the Shareholders request the President of THI to correspond with the OEB to identify that a consistent Economic Model should be adopted for all Ontario LDCs. Carried Resolution # 11 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council moves out of the Special Shareholder Meeting of Tillsonburg Hydro Inc. and resumes the Regular Council Session of April 23, 2019 at 7:43 pm. Carried 13.1.3 CAO-HR 19-02 - Employee Engagement Survey Ashley Andrews, Manager of Human Resources, was in attendance to answer any questions. Noted was that the compensation review will be completed shortly and results will be brought to Council. Resolution # 12 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report CAO-HR 19-02 – Employee Engagement Survey, as information. Carried 13.1.4 CAO 19-04 - County of Oxford - Joint Municipal Service Delivery Review - Regional Governance 8 Public consultation has been extended to May 21. Resolution # 13 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report CAO 19-04 - County of Oxford - Joint Municipal Service Delivery Review - Regional Governance; AND THAT Council endorses the establishment of a Service Delivery Review Steering Committee comprised of the nine municipal Chief Administrative Officers in the County of Oxford to set the Terms of Reference, Request for Proposal content and evaluation of the RFPs for a joint Service Delivery Review report; AND FURTHER THAT Council authorizes funding to an upset limit of $20,000 be contributed on behalf of the Town of Tillsonburg from the “Improve Service Delivery and Efficiency” funding, received from the Province in April 2019, toward this project. Carried 13.2 Clerk's Office 13.2.1 CLK 19-13 - To Amend Business Licence By-Law to include Ice Cream Refreshment Vehicles Resolution # 14 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Report CL 19-13, Ice Cream Refreshment Vehicles, be received as information. Carried 13.3 Development and Communication Services 13.3.1 DCS 19-04 - Animal Control Subcontractor Agreement Resolution # 15 Moved By: Councillor Luciani Seconded By: Councillor Esseltine 9 THAT Council receives Report DCS 19-04 - Animal Control Subcontractor Agreement; THAT Council extends the contract for an additional two (2) year term with Hillside Kennels Animal Control Ltd. for the provision of animal control services for the Town of Tillsonburg; AND THAT Council amends the Rates and Fees By-law 4251 to reflect the change in rates. Carried 13.4 Finance 13.5 Fire and Emergency Services 13.5.1 Report FRS 19-03 - Fireworks Acting Fire Chief Terry Saelens was in attendance to answer questions. Resolution # 16 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report FRS 19-03 - Fireworks; AND THAT By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks within the Town of Tillsonburg, and to repeal By-Law 3510, be brought forward for Council consideration. Carried 13.6 Operations 13.6.1 OPS 19-10 Natural Resources Canada Electric Vehicle RFP CAO David Calder spoke to Report OPS 19-10, as the Director of Operations was not in attendance. Resolution # 17 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 10 THAT Council receives Report OPS 19-10 - Natural Resource Canada – Electric Vehicles and Alternative Fuel Infrastructure Deployment Initiative; AND THAT Council supports the submission of an application to Natural Resources Canada for the installation of a Level 3 Electric Vehicle Charging Station in Municipal Parking Lot 7A; AND THAT Council commits to provide funding for its share of the project in the 2020 municipal budget; AND THAT the Chief Administrative Officer be authorized to execute the attestation statement within the formal application; AND FURTHER THAT Council approves the relocation of the Level 2 Electric Vehicle Charing Station to Municipal Parking Lot 3B. Carried 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-14 - Rowing Club Storage Access Resolution # 18 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-14 - Rowing Club Storage Access; AND THAT Council authorizes staff to work with the Rowing Club to provide them access to the boat storage area for the 2019 season; AND THAT the cost of the Designated Substances Survey and any work required to establish and temporarily maintain safe access to the boat storage be funded from reserves, up to a maximum of $10,000. Carried 13.7.2 RCP 19-18 - January-March 2019 RCP Activity Reports Resolution # 19 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 11 THAT Council receives Report RCP 19-18 - January-March 2019 RCP Departmental Activity Reports, as information. Carried 13.7.3 RCP 19-19 - Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades Resolution # 20 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 19 – Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades; AND THAT Council awards RFT2019-007 – Tillsonburg Community Centre Auditorium Kitchen Electrical Upgrades to Adrian Droogers Electrical Contracting at their tendered price of $38,625 plus applicable taxes. Carried 13.7.4 RCP 19-20 - Awarding RFT 2019-008 for Grasscutting and Trimming Resolution # 21 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 19-20 - Awarding RFT 2018- 011 for Grasscutting and Trimming; THAT Council awards grasscutting and trimming contracts for the 2019, 2020 & 2021 seasons with options to extend for up to two (2) one (1) year periods with the same terms and conditions of the original agreement; THAT Council awards a grasscutting & trimming contract for Zone 1 to Nature’s Choice Lawn Care and Irrigation at an average contract term cost per cut of $1,003.67 before taxes; THAT Council awards a grasscutting & trimming contract for Zone 2 to Fitch General Contracting Inc. at an average contract term cost per cut of $731.00 before taxes; 12 THAT Council awards a grasscutting & trimming contract for Zone 3 to Fitch General Contracting Inc. at an average contract term cost per cut of $548.00 before taxes; THAT Council awards a grasscutting & trimming contract for Zone 4 to Fitch General Contracting Inc. at an average contract term cost per cut of $436.00 before taxes; AND THAT Council awards a grasscutting & trimming contract for Zone 5 to Fitch General Contracting Inc. at an average contract term cost per cut of $1,115.00 before taxes. Carried 13.7.5 RCP 19-21 - Service Review Update Resolution # 22 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report RCP 19-21 – RCP Service Review Update; AND THAT Council authorizes staff to issue a request for proposals from qualified consultants to carry out the RCP departmental service review; AND THAT an amount up to a maximum of $40,000 be funded from the MMAH "One-time Funding" revenue. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 23 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee minutes dated April 3, 2019, the Parks, Beautification and Cemetery Advisory Committee minutes dated April 4, 2019, the 13 Economic Development Advisory Committee minutes dated April 9, 2019, and the Recreation and Sports Advisory Committee minutes dates April 11, 2019, as information. Carried 15.2 Police Services Board Minutes Resolution # 24 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the Tillsonburg Police Services Board Minutes dated January 16, 2019, as information. Carried 15.3 Long Point Region Conservation Authority Minutes Resolution # 25 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the Long Point Region Conservation Authority Board of Directors Annual General Meeting Meetings dated February 22, 2019, as information. Carried 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4269, To Amend By-Law 3666 To Allow Ice Cream Vehicles 18.2 By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks 18.3 By-Law 4294, To Amend Schedule A of By-Law 4251, a Schedule of Fees 18.4 By-Law 4295, To Amend Zoning By-Law 3295 (ZN 7-18-13) 18.5 By-Law 4296, To Amend Zoning By-Law 3295 (ZN 7-19-01) 14 18.6 By-Law 4297, To Amend Zoning By-Law 3295 (ZN 7-19-05) Resolution # 26 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 4269, To Amend By-Law 3666 To Allow Ice Cream Vehicles; By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks; By-Law 4294, To Amend Schedule A of By-Law 4251, a Schedule of Fees; By-Law 4295, to Amend Zoning By-Law 3295 (ZN 7-18-13); By-Law 4296, To Amend Zoning By-Law 3295 (ZN 7-19-01); and By-Law 4297, To Amend Zoning By-Law 3295 (ZN 7-19-05) 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 Resolution # 27 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 4298, to Confirm the Proceedings of the Council Meeting held on April 23, 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 20. Items of Public Interest The Development Charges Background Study is posted on the Town's website. The Public Meeting will be held on May 13 at 6:00pm, prior to the passing of the By-Law on June 13 at 6:00pm at a regular Council Meeting. 15 Carl Dixon Live at The Bridges is scheduled for May 4, 2019. Proceeds to the Annandale House Trust. Tickets are $25, available at Annandale NHS, Station Arts, or at the door if available. 21. Adjournment Resolution # 28 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Council Meeting of Tuesday, April 23, 2019 be adjourned at 9:12 p.m. Carried