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201214 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, December 14, 2020 4:00 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Sheena Pawliwec, Acting Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations Brad Lemaich, Fire Chief Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:00 p.m. 2. Closed Session (4:00 p.m.) Resolution # 2020-567 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 2 THAT Council move into Closed Session to consider two personal matters about identifiable individuals, including Town employees, and a proposed or pending acquisition or disposition of land by the municipality or local board. Carried 2.1 Adoption of Agenda 2.2 Adoption of Closed Session Council Minutes 2.3 Reports 2.3.1 239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.3.2 239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.3.3 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2020-568 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Agenda as prepared for the Council meeting of Monday, December 14, 2020, with item 14.7.1 Staff Report RCP 20-38, being considered prior to item 11, be approved. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 10.2 in open session with the reason being that buildings owned in the downtown core would see a direct financial gain if the proposed expansion comes to fruition. No other disclosures of pecuniary interest were declared. 3 6. Adoption of Council Minutes of Previous Meeting Resolution # 2020-569 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the minutes of the Council meeting held on Monday, November 23, 2020, be approved. Carried 7. Presentations 8. Public Meetings Resolution # 2020-570 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:05 p.m. Carried 8.1 Application for Minor Variance A13-20 (Zeller) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Opportunity was provided for comments and questions from Council. The agent submitted a written letter of support for the application. The applicants were not in attendance. No members of the public appeared before Council either in support of or opposition to the application. Council passed the following resolution. Resolution # 2020-571 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Committee of Adjustment approve Application File A13-20, submitted by Scott & Ann Zeller, for lands described as Lot 61, Plan 41M- 218, in the Town of Tillsonburg, as it relates to: 4 1. Relief from Section 6.2 - R1 Zone Provisions, to increase the maximum permitted lot coverage from 33% to 35%, to facilitate the construction of a pool house / covered patio on the subject lands. Subject to the following conditions: i. That the relief shall only apply to the construction of a covered patio / pool house of an approximate scale and location as depicted on Plate 3 of Report CP 2020-345. ii. The Owners shall obtain a building permit for the proposed covered patio / pool house within one year of the date of the Committee’s Decision. Carried Resolution # 2020-572 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:10 p.m. Carried 9. Planning Reports 10. Delegations 10.1 Oxford County Warden Larry Martin Re: County Council Composition Larry Martin, Oxford County Warden, was present to provide information regarding the County Council Composition discussions to date. Opportunity was provided for comments and questions from Council. There was discussion and support noted regarding an additional Town of Tillsonburg representative on County Council. There was discussion regarding the process for electing Warden. Resolution # 2020-573 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the delegation from Larry Martin, Oxford County Warden, as information. 5 Carried 10.2 Tillsonburg BIA Re: MOU with Town, Boundary Expansion Request, and 2021 BIA Budget Request Mark Renaud, Executive Director, Tillsonburg BIA, appeared before Council to provide an overview of the 2021 BIA budget request of $164,270 and the BIA's business plan for 2021. Mr. Renaud provided support for the proposed MOU between the Town and BIA as attached to staff report RCP 30-38. Mr. Renaud provided support and rationale for the BIA boundary expansion request. Opportunity was provided for comments and questions from Council. There was discussion regarding the boundary expansion request and the associated public process. It was asked how the businesses in the proposed new areas would benefit from joining the BIA. It was asked how locations would benefit which are already promoted by the Town such as the Annandale National Historic Site. There was discussion regarding the 2021 BIA budget request. Mr. Renaud noted that street blades need to be replaced to meet AODA requirements. Resolution # 2020-574 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the presentation from the BIA be received and that the MOU request be dealt with in conjunction with staff report item 14.7.1, that the budget be referred to the Budget meeting on December 16th, and that staff be asked to prepare a report on the BIA boundary request to include the process involved under the Act and also options available for Council consideration. Carried Item 14.7.1. was considered next. 11. Deputation(s) on Committee Reports 11.1 CLK 20-46 Accessibility Advisory Committee Recommendation Cindy Allen, Chair of Accessibility Advisory Committee, was present to answer questions. 6 Staff to inform Council on associated costs and timeline of completion once determined. Resolution # 2020-575 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the recommendation from the Accessibility Advisory Committee, as information; AND THAT Council direct staff to take additional measures to improve the safety of the Kinsmen Pedestrian Bridge surface in inclement weather by ensuring all boards are screwed down, adding anti-slip adhesives and enhancing winter maintenance. Carried 11.2 DCS 20-29 Economic Development Advisory Committee Recommendation Jesse Goossens, Chair of Economic Development Advisory Committee, was present to answer questions. Cephas Panschow, Development Commissioner, was also present to answer questions. It was asked who would approve and pay for the advertising. Staff noted that listing through a firm would allow the Town to market properties through the most effective platforms. Staff confirmed there would be a request for proposal process. It was asked if the results of the RFP process would be brought to Council for approval. Resolution # 2020-576 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report DCS 20-29 Economic Development Advisory Committee Recommendation Regarding Listing of Town Property; AND THAT the Town’s industrial lands be listed through a real estate firm secured through a public process in accordance with the Town’s Purchasing Policy. 7 Carried 12. COVID-19 13. Information Items 13.1 Municipality of Bayham Re: Notice of Public Meeting Official Plan Amendment 13.2 Thames Valley District School Board Re: Rural Education Task Force Update and Survey 13.3 Long Point Region Conservation Authority 2021 Meeting Schedule 13.4 Strategy Corp Re: County of Oxford Service Delivery Review Consultation 13.5 Oxford County Staff Report PW 2020-58 It was asked if more information will be provided to Council prior to a meeting with Strategy Corp Inc. regarding the Service Delivery Review. Resolution # 2020-577 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives the Notice of Public Meeting from the Municipality of Bayham dated November 23, 2020, the correspondence from the Thames Valley District School Board dated November 23, 2020, Long Point Region Conservation Authority 2021 Meeting Schedule, and the correspondence from Strategy Corp regarding the County of Oxford service delivery review consultation, and Oxford County Staff Report PW 2020-58, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.2.1 CLK 20-44 Committee Appointments 8 Resolution # 2020-578 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives Report CLK 20-44 Committee Appointment; AND THAT a By-Law to amend By-Law 4247 Schedule A, be brought forward for Council’s consideration. Carried 14.2.2 CLK 20-45 Police Services Board Citizen Appointment Resolution # 2020-579 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report CLK 20-45 Police Services Board Citizen Appointment; AND THAT Larry Scanlan be appointed to the Police Service Board for the remainder of the Council term ending November 14, 2022. Carried 14.3 Development and Communication Services 14.3.1 DCS 20-30 Offers to Purchase - Rokeby Road Properties Cephas Panschow, Development Commissioner, was present to answer questions. Resolution # 2020-580 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report DCS 20-30 Offers to Purchase Rokeby Road Properties; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale for the property described as 54 acres of land on the North side of Rokeby Road, described at Lot 1641, Plan 500, Mid Con 4, NTR, Pt Lot 10; and more particularly, Parts 1 & 2, Plan 41R-8386; and, 9 AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale for the property described as 11 Acres of land west of, and contiguous to the Rokeby Road parcel, Lot 1640 Plan 500, Tillsonburg; Part 5, Plan 44 OXRB; and Part Lot 8, Concession 4 North of Talbot Road. Carried 14.3.2 DCS 20-31 Offer to Purchase - 41 Clear Valley Drive Cephas Panschow, Development Commissioner, was present to answer questions. There was discussion regarding the process. It was suggested that minimum bids be identified at the start of the process moving forward. Resolution # 2020-581 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report DCS 20-31 Offer to Purchase 41 Clear Valley Drive; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Christian Devlin for the property described as part of Block D, Plan M-53. Carried 14.3.3 DCS 20-32 Surplus Land Declaration - Walkway between Woodland Crescent and Trillium Drive Cephas Panschow, Development Commissioner, was present to answer questions. Staff noted that the next steps would be to bring forward offers from interested parties. Resolution # 2020-582 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 10 THAT Council receive report DCS 20-32 Surplus Land Declaration Walkway between Woodland Crescent and Trillium Drive; AND THAT the walkway property, described as Block 88, Plan 41M-139, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy including suitable notification to the public. Carried 14.4 Finance 14.4.1 FIN 20-42 2021 Rates and Fees Geno Vanhaelewyn, Chief Building Official, and Cephas Panschow, Development Commissioner, were present. Staff noted that new fees for "New Dog" and "New Cat" were included for residents who purchase a new pet mid-year. Staff confirmed the Animal Control By-Law does not currently recognize other municipalities animal licenses for new residents. A duplication of the advertising ice re-surfacing fees was noted. It was noted that on pages 13 and 14 of the schedule there are some advertising fees noted at a 2% increase and then later noted at a 0% increase. Wreath Campaign fee to be removed. Staff noted that animal control fees are set through the animal control contract with a third party. A new RFP will be released in spring 2021. Resolution # 2020-583 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives report FIN 20-42 2021 Rates and Fees; AND THAT a By-Law to provide a schedule of fees for certain municipal applications, services, and permits be brought forward for Council’s consideration. Carried 11 14.4.2 FIN 20-43 County Water and Wastewater Billing Agreement Resolution # 2020-584 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report FIN 20-43 2021 County Water and Wastewater Billing Agreement; AND THAT Council authorize the signing of the Master Service Agreement between the Town of Tillsonburg and the County of Oxford; AND THAT a By-Law to authorize a new agreement between the Town of Tillsonburg and the County of Oxford for water and wastewater billing, and to repeal By-Law 3976, be brought forward for Council’s consideration. Carried 14.5 Fire and Emergency Services 14.6 Operations 14.7 Recreation, Culture & Park Services 14.7.1 RCP 20-38 Tillsonburg BIA - 2021 Memorandum of Understanding There was discussion regarding the increase to the beautification budget from 2019 to 2021. Staff noted that the proposed 2021 Recreation, Culture and Parks budget was reduced in response to the increased funding request and increased service level proposed by the BIA. Resolution # 2020-585 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the recommendation contained in staff report RCP 20-38 be deferred to the Council Budget meeting scheduled for December 16, 2020. Carried Item 11 was considered next. 12 14.7.2 RCP 20-41 COVID-19 Resilience Infrastructure Grant– Local Government Intake There was discussion regarding the proposed widening and paving of the Trans Canada Trail between Quarter Town Line and Tillson Avenue, including linkage to North Street, and future use by snowmobiles. It was suggested to reach out to local community groups if letters of support would be beneficial. Resolution # 2020-586 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Report RCP 20-41 COVID-19 Resilience Infrastructure Grant Local Government Intake be received as information; AND THAT Council endorses the projects identified within the report and directs staff to make application. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2020-587 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the Physician Recruitment and Retention Committee minutes dated November 3, 2020, the Memorial Park Revitalization Advisory Committee minutes dated November 18, 2020, the Tillsonburg Transit Advisory Committee minutes dated November 17, 2020 and the Economic Development Advisory Committee minutes dated November 10, 2020, as information. Carried 16.2 Business Improvement Area Board Minutes 13 Resolution # 2020-588 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Business Improvement Area Board Meeting Minutes dated October 22, 2020, as information. Carried 16.3 Long Point Region Conservation Authority Minutes Resolution # 2020-589 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives the Long Point Region Conservation Authority Minutes dated November 4, 2020, the Long Point Region Conservation Authority Budget Minutes dated November 12, and the Long Point Region Source Protection Authority Minutes dated June 3, 2020, as information. Carried 16.4 Tillsonburg Police Services Board Resolution # 2020-590 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Police Services Board minutes dated October 21, 2020, as information. Carried 17. Motions/Notice of Motions Resolution # 2020-591 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT staff be directed to report on safety measures that can be put in place for the Bidwell/Ridout Intersection and that the report be done in consultation with the Police Services Board for completion by the end of Q2 2021. Carried 14 Councillor Rosehart confirmed the intent of the motion is to have staff report on how to preserve commercial space in this area. Resolution # 2020-592 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy In order to ensure that the Town has adequate commercial space in the downtown, staff are asked to proceed with a general planning application to prevent the conversion of commercial space on Broadway to residential on the ground floor. Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2020-117, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-13) 19.2 By-Law 2020-118, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-15) 19.3 By-Law 2020-119, to Amend Schedule A of By-Law 4247 (Committee Appointments) 19.4 By-Law 2020-120, to authorize an agreement of purchase and sale with Armtec Inc. 19.5 By-Law 2020-121, to authorize an agreement of purchase and sale with Armtec Inc. 19.6 By-Law 2020-122, to authorize an agreement of purchase and sale with Christian Devlin 19.7 By-Law 2020-123, to authorize an agreement with the County of Oxford for water and wastewater billing and to repeal By-Law 3976 Resolution # 2020-593 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2020-117, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-13); and 15 By-Law 2020-118, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-15); and By-Law 2020-119, to Amend Schedule A of By-Law 4247 (Committee Appointments); and By-Law 2020-120, to authorize an agreement of purchase and sale with Armtec Inc.; and By-Law 2020-121, to authorize an agreement of purchase and sale with Armtec Inc.; and By-Law 2020-122, to authorize an agreement of purchase and sale with Christian Devlin; and By-Law 2020-123, to authorize an agreement with the County of Oxford for water and wastewater billing and to repeal By-Law 3976, 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 19.8 A By-Law to provide a schedule of fees for certain municipal applications, services and permits Resolution # 2020-594 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT A By-Law to provide a schedule of fees for certain municipal applications, services and permits be read for a first and second time. Carried 20. Confirm Proceedings By-law Resolution # 2020-595 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2020-115, to Confirm the Proceedings of the Council meeting held on December 14, 2020, 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. 16 Carried 21. Items of Public Interest Council wished the community a safe and happy holidays. Mayor Molnar provided a COVID-19 information update. 22. Adjournment Resolution # 2020-596 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Council meeting of Monday, December 14, 2020 be adjourned at 9:24 p.m. Carried