210125 Council MIN 1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, January 25, 2021
4:30 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
Geno Vanhaelewyn, Chief Building Official
Cephas Panschow, Development Commissioner
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:30 p.m.
2. Closed Session (4:30 p.m.)
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Resolution # 2021-039
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council move into Closed Session to consider two proposed or pending
acquisition or disposition of land by the municipality or local board.
Carried
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 239 (2) (c) a proposed or pending acquisition or disposition of
land by the municipality or local board;
2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of
land by the municipality or local board;
2.5 Back to Open Session
3. Adoption of Agenda (6:00 p.m.)
Resolution # 2021-040
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Agenda as prepared for the Council meeting of January 25, 2021, 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 14.2.1 in open session with the reason being that as a building owner in
the BIA zone, an expansion would result in a direct financial gain.
No other disclosures of pecuniary interest were declared.
6. Adoption of Council Minutes of Previous Meeting
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Resolution # 2021-041
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the minutes of the regular Council meetings held on January 11, 2021 and
January 18, 2021, and the minutes of the Council Budget meeting held on
January 18, 2021, be approved.
Carried
7. Presentations
8. Public Meetings
9. Planning Reports
10. Delegations
10.1 Tillsonburg BIA - Request for BIA tax adjustment to be allocated to
“tax stabilization reserve”
Mark Renaud, Executive Director, Tillsonburg BIA, appeared before
Council to provide an overview of the Tillsonburg BIA's request. The Board
is requesting a one-time consideration of and by the Town of Tillsonburg
to fund the 2020 BIA tax-adjustment in the amount of $16,331.41 from the
Town’s tax stabilization reserve.
Cedric Tomico, BIA Board Chair and Dan Rasokas, BIA Board Treasurer,
were also present.
Opportunity was provided for comments and questions from Council.
Mr. Renaud noted that the tax-adjustment was unexpected and has
resulted in a cash flow challenge. The next tax levy payment will not be
received until March 31, 2021 which will impact the BIA's 2021 business
plan if the Town does not provide assistance in the interim. Mr. Renaud
noted that the Board would like the Town to consider a change to the
current payment schedule to help mitigate cash flow challenges in the
future.
It was asked what the normal Q4 tax levy payment amount is compared to
what the Board received in December 2020.
There was discussion regarding forgiveness of the entire amount or
requiring the BIA to repay the amount by year end in accordance with the
Municipal Act.
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There was discussion about developing a tax levy write off policy.
Staff were asked to provide a recommendation. Staff recommended
borrowing from the tax rate stabilization reserve would be ideal, as the
interest rate would be minimal and it would require less paperwork which
could allow monies to be provided within a week's time.
Staff noted the tax-adjustment covered the past three years (2017-2020).
Resolution # 2021-042
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council receives the Tillsonburg BIA delegation, as information;
AND THAT Council authorize the Tillsonburg BIA to borrow $16,331.41
from the Town's Tax Rate Stabilization Fund;
AND THAT the Tillsonburg BIA be required to repay this amount by
December 31, 2021.
Carried
11. Deputation(s) on Committee Reports
12. COVID-19
Mayor Molnar provided a local update.
Councillor Gilvesy shared an updated from a meeting of the Rural Ontario
Municipal Association (ROMA) in which the Health Minister confirmed that rapid
tests have been approved and that the Ontario government is expecting to
receive 3 million rapid tests.
13. Information Items
13.1 Tillsonburg Horticultural Society Thank You Letter
Resolution # 2021-043
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives the correspondence from the Tillsonburg
Horticultural Society dated January 21, 2021, as information.
Carried
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14. Staff Reports
14.1 Chief Administrative Officer
14.2 Clerk's Office
14.2.1 CLK 21-03 BIA Expansion Request
Opportunity was provided for comments and questions from
Council.
It was asked if current BIA members would have the right to vote on
the expansion. Staff confirmed only those in the proposed
expanded BIA area would vote.
It was asked about the timing of this process and how the Town
would communicate with businesses in the proposed BIA area
which are currently closed due to COVID.
Staff noted the Town would work closely with the BIA to balance
the expectations of Council as well as meeting the requirements
under the Municipal Act. The Town would have contact information
for businesses in the proposed BIA area.
It was asked what costs would be involved, how quickly the process
would be completed, when the new boundary would come into
effect and if the process could be stopped mid-way through. Staff
do not have full costs at this time and noted that based on the
requirements under the Municipal Act this process could likely be
completed prior to year end. Staff can confirm when the boundary
would come into effect and if the process can be stopped.
Resolution # 2021-044
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives the report BIA’s Boundary Expansion
Request;
AND THAT Council direct staff to proceed with the boundary
expansion request.
Councillor Rosehart called for a recorded vote.
Councillor Rosehart - No
Deputy Mayor Beres - Yes
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Councillor Esseltine - Yes
Councillor Gilvesy - Absent due to pecuniary interest
Councillor Luciani - Yes
Mayor Molnar - No
Councillor Parker - No
Defeated.
14.2.2 CLK 21-04 Inclement Weather Policy
Opportunity was provided for comments and questions from
Council.
It was asked if this policy would cover thunderstorms and who
currently has the authority to close facilities. Staff confirmed the
intent of the policy is to cover all adverse weather conditions in the
Town. Currently authority to close facilities is at the department
level.
It was suggested to include residents in the policy statement.
Clarification was sought regarding the CAO's designate.
Staff noted it is recommended that the policy be reviewed in 2022.
Resolution # 2021-045
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the Inclement Weather Policy be adopted and that the CAO
be given the authority to close certain facilities in the case of certain
adverse weather conditions.
Carried
14.3 Development and Communication Services
14.3.1 DCS 21-01 Community Improvement Plan Application - 38
Ridout St W
Cephas Panschow, Development Commissioner, was present to
answer questions.
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Opportunity was provided for comments and questions from
Council.
Staff confirmed that the comment received from the Tillsonburg BIA
was from the Executive Director and not the Board.
It was asked what the intended use was of the original grant of
$3,000. Staff confirmed the grant was an Accessibility Renovation
Grant to support a wheelchair ramp for access to the new deck and
the interior of the restaurant.
Resolution # 2021-046
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives report DCS 21-01 Community Improvement
Plan Application – 38 Ridout Street West as information.
Carried
14.3.2 DSC 21-02 Animal Care and Control By-Law
Geno Vanhaelewyn, Chief Building Official, was present to answer
questions.
Opportunity was provided for comments and questions from
Council.
Staff noted that the licence fees increase as of February 28. If an
owner acquires a new pet after February 28 and before November
1, they will be required to pay a fixed amount equal to one-half of
the annual registration fee as set out in the current Rates and Fees
By-Law. November 1 is when sales begin for the upcoming year.
Clarification was sought regarding the definition of a person
residing in the Town temporarily.
Staff noted that Owner's should licence their pets in the municipality
of their primary residence. A By-Law Enforcement Officer can make
the determination of whether the temporary clause is being abused
and in which municipality the animal should be licenced.
Resolution # 2021-047
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
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THAT Council receives report DCS 21-02 Animal Care and Control
By-Law for information;
AND THAT a By-Law to regulate the licensing and control of
animals in the Town of Tillsonburg be brought forward for Council’s
consideration.
Carried
14.3.3 DCS 21-03 Offers to Purchase - 29 Cedar Street Property
Resolution # 2021-048
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT Council receives report DCS 21-03 Offers to Purchase – 29
Cedar Street Property;
AND THAT a By-Law be brought forward to authorize the Mayor
and Clerk to enter into an agreement of purchase and sale with
East Elgin Concrete Forming Limited for the property described as
part of Lot 22, Plan 966, and more specifically described as Parts 2
and 3 on the draft reference plan;
AND THAT a By-Law be brought forward to authorize the Mayor
and Clerk to enter into an agreement of purchase and sale with
Trevor and Lynn Mudford for the property described as part of Lot
22, Plan 966, and more specifically described as Part 1 on the draft
reference plan.
Carried
14.4 Finance
14.4.1 FIN 21-06 2020 Annual Investment Report
Opportunity was provided for comments and questions from
Council.
Clarification was sought regarding the use of monies in trusts and
reserves.
Resolution # 2021-049
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
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THAT Council receives report FIN 21-06 2020 Annual Investment
Report as information.
Carried
14.5 Fire and Emergency Services
14.6 Operations
14.6.1 OPS 21-02 Airport Hangar Land Lease Taxiway G1 Lot 5 Leahy
Councillor Gilvesy commended staff and the Airport Advisory
Committee for their efforts to grow the airport. It was suggested that
the airport will require an expansion in the future to meet growth.
Resolution # 2021-050
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives report OPS 21-02 Airport Hangar Land
Lease Taxiway G1 Lot 5;
AND THAT a By-law to execute the Hanger Land Lease Agreement
for Taxiway G1 Lot 5 with Escalade Property Corp. be brought
forward for Council consideration.
Carried
14.7 Recreation, Culture & Park Services
14.7.1 RCP 21-02 New Cemetery Bylaw
Opportunity was provided for comments and questions from
Council.
A question was asked about the installation and maintenance of
memorial benches.
Clarification was sought for item 10.16 which allows for the
cemetery operator to remove at its sole discretion any marker,
monument, or inscription which is not in keeping with the dignity
and decorum of the cemetery as determined by the Cemetery
Operator.
A question was asked about the planting of trees and if the
proposed by-law addressed lessening maintenance requirements
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for staff. Staff noted the By-Law allows the Town to determine the
placement of trees/plants in a complimentary manner within the
cemetery and in which does not impact services. This By-Law has
addressed lessening the maintenance requirements.
It was suggested that flower beds should not be created if they
can't be maintained in the future. Staff noted that the Town would
reserve the right to remove anything in contradiction to the By-Law
and that in discussions with families, staff use judgement and
respect for families to implement this to the best of their ability.
It was suggested that communication with cemetery users needs to
be improved to ensure follow through on maintenance
requirements.
Resolution # 2021-051
Moved By: Councillor Luciani
Seconded By: Councillor Esseltine
THAT report RCP 21-02 New Cemetery By-Law, be received as
information;
AND THAT a By-Law to govern the operations of the Tillsonburg
Cemetery, and to repeal By-Law 3640, be brought forward for
Council’s consideration;
AND THAT in accordance with the Funeral, Burial, and Cremation
Services Act, 2002, the provisions of this By-Law shall come into
force and take effect upon the date of approval of this By-Law by
the Registrar of the Funeral, Burial and Cremation Services Act.
Carried
14.7.2 RCP 21-03 John and Liz Lessif Lake Lisgar Water Quality
Legacy Gift Agreement
It was suggested that a plaque in recognition of the donation be
installed with permission of the family.
Resolution # 2021-052
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT report RCP 21-03 John & Liz Lessif – Lake Lisgar Water
Quality Legacy Gift Agreement, be received as information;
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AND THAT Council acknowledge the generous gesture put forward
by John & Liz Lessif to be utilized for the future care and
improvement to Lake Lisgar within the Town of Tillsonburg;
AND THAT Council enact a By-Law to establish “The John & Liz
Lessif Lake Lisgar Water Quality Legacy Gift Agreement” as
outlined within this report.
Carried
15. New Business
16. Consideration of Committee Minutes
16.1 Committee Minutes
Resolution # 2021-053
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receive the Economic Development Advisory Committee
minutes dated January 12, 2021 and the Tillsonburg Airport Advisory
Committee minutes dated November 19, 2020, as information.
Carried
16.2 Long Point Region Conservation Authority Minutes
Resolution # 2021-054
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive the Long Point Region Conservation Authority
minutes dated December 2, 2020, as information.
Carried
17. Motions/Notice of Motions
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
19.1 By-Law 2021-010, to amend Zoning By-Law Number 3295, as
amended (ZN 7-20-17)
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19.2 By-Law 2021-011, to amend Zoning By-Law Number 3295, as
amended (ZN 7-20-18)
19.3 By-Law 2021-012, to authorize an agreement with the Tillsonburg Fire
Fighters Association
19.4 By-Law 2021-013, to regulate licensing and control of animals in the
Town of Tillsonburg
19.5 By-Law 2021-014, to authorize an agreement of purchase and sale
with East Elgin Concrete Forming Limited
19.6 By-Law 2021-015, to authorize an agreement of purchase and sale
with Trevor and Lynn Mudford
19.7 By-Law 2021-016, to authorize a Hanger Land Lease Agreement with
Escalade Property Corp.
19.8 A By-Law to govern the operations of the Tillsonburg Cemetery and
to repeal By-Law 3640
19.9 By-Law 2021-017, to establish The John and Liz Lessif Lake Lisgar
Water Quality Legacy Gift Agreement
Resolution # 2021-055
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the By-Law to govern the operations of the Tillsonburg Cemetery
and to repeal By-Law 3640, be considered separately.
Carried
Resolution # 2021-056
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT By-Law 2021-010, to amend Zoning By-Law Number 3295, as
amended (ZN 7-20-17); and
By-Law 2021-011, to amend Zoning By-Law Number 3295, as amended
(ZN 7-20-18); and
By-Law 2021-012, to authorize an agreement with the Tillsonburg Fire
Fighters Association; and
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By-Law 2021-013, to regulate licensing and control of animals in the Town
of Tillsonburg; and
By-Law 2021-014, to authorize an agreement of purchase and sale with
East Elgin Concrete Forming Limited; and
By-Law 2021-015, to authorize an agreement of purchase and sale with
Trevor and Lynn Mudford; and
By-law 2021-016, to authorize a Hanger Land Lease Agreement with
Escalade Property Corp.; and
By-Law 2021-017, to establish The John and Liz Lessif Lake Lisgar Water
Quality Legacy Gift 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
Staff confirmed that the proposed Cemetery By-Law was first reviewed by
the Parks, Beautification and Cemetery Advisory Committee at two
meetings in 2020, as well as reviewed by the Bereavement Authority of
Ontario prior to being brought forward. Notice of the proposed By-Law was
advertised in the newspaper and posted online. The entire process took
about three months to complete.
Staff can make the Committee aware of proposed changes and notify
Council if the Committee has any concerns.
Resolution # 2021-057
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT a By-Law to govern the operations of the Tillsonburg Cemetery and
to repeal By-Law 3640, be read for a first and second reading and that the
by-law be brought forward with proposed amendments regarding the
placement of shrubs and ornaments around grave stones, and that
options be provided to Council.
Carried
20. Confirm Proceedings By-law
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Resolution # 2021-058
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 2021-009, to Confirm the Proceedings of the Council meeting held
on January 25, 2021, 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
Staff shared a reminder that hockey and ringette are currently prohibited by the
Province and asked that residents please not conduct these prohibited activities
at the J.L. Scott Mclean Outdoor Recreation Pad.
22. Adjournment
Resolution # 2021-059
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Council meeting of January 25, 2021 be adjourned at 8:17 p.m.
Carried