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210308 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, March 8, 2021 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, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session (4:00 p.m.) Resolution # 2021-104 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 2 THAT Council move into Closed Session to consider personal matters about identifiable individuals, including municipal or local board employees. 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) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) The Clerk received a request from Cedric Tomico (Applicant), to speak as a delegation to agenda item 9.2. Resolution # 2021-105 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of March 8, 2021, with item 14.2.3 Staff Report CS 21-12, being considered prior to item 10.2., be approved. Carried 4. Moment of Silence Council recognized International Women's Day. 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 # 2021-106 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 3 THAT the minutes of the Council meeting held on February 22, 2021, be approved. Carried 7. Presentations 8. Public Meetings Resolution # 2021-107 Moved By: Councillor Esseltine Seconded By: Councillor Luciani 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 A03-21 (Permterra Development Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. The applicant was not in attendance. No members of the public appeared before Council either in support of or opposition to the application. Resolution # 2021-108 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A03-21, submitted by Permterra Development Corporation., for lands described Part of Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg, as it relates to: 1. Relief from Section 8.6.4.2.1- Number of Dwelling Houses Per Lot, to reduce the minimum number of dwelling houses from 17 to 16 within lands zoned R3-4. 4 Carried Resolution # 2021-109 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:11 p.m. Carried 9. Planning Reports 9.1 Application for Zone Change Removal of Holding Provision ZN 7-21- 03 –Oxnard Developments Inc. Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. Resolution # 2021-110 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council approve the zone change application, File No. ZN 7-21- 03, as submitted by 2385667 Ontario Limited, for lands described as Part of Lot 24, Land Registrar’s Compiled Plan No 1653, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 3 of Oxnard Developments draft plan of subdivision. Carried 9.2 Application for Consent B20-88-7 (2563557 Ontario Inc) The Clerk received a request from Cedric Tomico (Applicant), to speak as a delegation to agenda item 9.2. Mr. Tomico appeared before Council to provide support for the application and the staff recommendation. Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The Senior Planner noted that the 5 consent application will be considered by the Land Division Committee at their meeting on April 1, 2021. Opportunity was provided for comments and questions from Council. Resolution # 2021-111 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council advise the Land Division Committee that the Town supports the proposal to sever the subject property, described as Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg, subject to the conditions as contained in staff report CP 2021- 17. Carried 10. Delegations 10.1 Police Services Board Re: Support of False Alarm Reduction By-Law Larry Scanlan, Chair, Tillsonburg Police Services Board, appeared before Council to provide support for the proposed false alarm reduction By-Law as presented under item 14.2.3. Mr. Scanlan noted that the intent of the proposed By-Law is to reduce police time spent responding to false alarm calls. The Board recommends a grace period in which warning letters will be issued prior to beginning to issue fines. Opportunity was provided for comments and questions from Council. It was asked if fines would be issued to property owners or property tenants. It was asked who would be responsible for issuing warning letters and fines. It was asked if the Tillsonburg PSB is interested in being a part of the appeal process. Mr. Scanlan noted that the Board is not interested in being a part of the appeal process. Resolution # 2021-112 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the delegation from the Police Services Board Chair regarding the proposed False Alarm Reduction By-Law as presented under agenda item 14.2.3, be received as information. 6 Carried Item 14.2.3. was dealt with next. 10.2 Tillsonburg BIA Re: Implementing minimum and maximum charges request Mark Renaud, Executive Director, Tillsonburg BIA, appeared before Council to present the Board of Director's request. The Board is requesting that the Town create a minimum/maximum charge for all Tillsonburg Town Centre Mall properties. Opportunity was provided for comments and questions from Council. It was noted that the report should include section 210. Resolution # 2021-114 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff bring a report back to Council outlining recommendations in regards to using Municipal Act 2001, S.O. 2001, C 25 Section 208 “funds raised” to create a minimum/maximum charge for properties known as 164, 170, 200 and 248 Broadway. Carried 10.3 Sandi Pake Re: Surplus Alleyway Between Coyle Lane and Frances St Sandi Pake, a landowner adjacent to the surplus Alleyway between Coyle Lane and Frances Street, appeared before Council on behalf of herself, Chris Meloche, John Fish and Jason Mills, to present their interest in purchasing the property and their concerns regarding the cost of the property. Ms. Pake provided background on the item and will provide her presentation to the Clerk. Opportunity was provided for comments and questions from Council. Ms. Pake asked that the Town complete a request to have tree stumps removed from the Alleyway property which are impacting the adjacent properties. Resolution # 2021-115 Moved By: Councillor Esseltine Seconded By: Councillor Parker 7 THAT the delegation from Sandi Pake regarding the Surplus Alleyway Between Coyle Lane and Frances St, be received as information and that staff be directed to review the information and follow through with the available options with the presenter. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 The Mayor shared information on current local restrictions and available resources. COVID-19 Vaccination Clinic Appointment bookings for adults 80 years of age and older (80+), and Indigenous adults ages 55 and older (55+), open Tuesday, March 9, 2021 at 8:00 a.m. For more information visit www.swpublichealth.ca There was discussion about local solutions for transportation to vaccine clinics. It is not known at this time what vaccines will be available and if there will be mobile vaccination clinics in the area. 13. Information Items 13.1 Letter from the Ministry of Energy, Northern Development and Mines Re: long-term energy planning framework 13.2 Baldwin Place Residents Association Re: Sidewalk maintenance 13.3 Letter from the Ministry of Municipal Affairs and Housing Re: 2021 COVID-19 Recovery Funding 13.4 Letter from the Ministry of Transportation Re: Safe Restart Agreement (SRA) Resolution # 2021-116 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the correspondence from the Ministry of Energy, Northern Development and Mines dated January 28, 2021, the correspondence from the Baldwin Place Residents Association dated February 19, the correspondence from the Ministry of Municipal Affairs and Housing dated March 4, 2021, and the correspondence from the Ministry of Transportation dated March 3, 2021, as information. 8 Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-01 Modernization Funding (Intake 2) Program Staff provided clarification on the difference between the review stream and the implementation stream. There was discussion regarding the proposed space needs study and the Town Hall process. Staff recommend that an updated space needs study, that considers both administration and operations, is necessary for the Town Hall process. There was discussion regarding the proposed Citizen Portal (Municipal App). The proposed app integrates with the Town's website and can include a mobile report a problem function. Adding additional functions to the app would be a separate cost. Staff noted the application deadline is Friday, March 12. The Town would be required to follow the procurement policy if funding is provided. Resolution # 2021-117 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives report CAO 21-01 Municipal Modernization Funding Intake 2 as information; AND THAT Council directs staff to proceed with applying for funding for all of the programs listed in this report. Carried 14.2 Corporate Services 14.2.1 CS 21-10 Land Disposition By-Law Staff noted that the proposed By-Law speaks to the selling of land and the declaration of surplus land. 9 There was discussion regarding when lands are declared surplus but the land does not sell. Resolution # 2021-118 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the By-Law to adopt policies with respect to the sale of land and other disposition of land be brought forward for Council’s consideration. Carried 14.2.2 CS 21-11 Committee Appointment Resolution # 2021-119 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT a By-Law to amend By-Law 4247 Schedule A be brought forward for Council’s consideration. Carried 14.2.3 CS 20-12 False Alarm By-Law There was discussion regarding the appeal process. Staff recommended that if the By-Law is enacted that the six month grace period should begin on June 1, 2021 to allow for public notice. There was discussion regarding the administrative work required, use of possible revenue and the appeal body. Resolution # 2021-113 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the False Alarm Program as recommended by the Police Service Board is received as information and that staff be directed to include the False Alarm By-Law on the next Council agenda for Council's consideration. Carried 10 Item 10.2 was dealt with next. 14.2.4 CS 21-13 Cancellation of March 15, 2021 Council Meeting Resolution # 2021-120 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting scheduled for March 15, 2021 be cancelled and that the Clerk’s Office provide notice of the meeting cancellation. Carried 14.3 Economic Development 14.3.1 EDM 21-06 Offer to Purchase - Lot 2, Van Norman Innovation Park Resolution # 2021-121 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report EDM 21-06 Offer to Purchase – Lot 2, Van Norman Innovation Park; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with North Ridge Realty (2020) Inc for the property described as Lot 2 in the Van Norman Innovation Park. Carried 14.4 Finance 14.4.1 FIN 21-08 2021 Development Charge Study Update Resolution # 2021-122 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT a By-Law to Amend Development Charges By-law 4315 for the Town of Tillsonburg be brought forward for consideration at the March 22, 2021 Council meeting. 11 Carried 14.5 Fire and Emergency Services 14.5.1 FRS 21-01 Fire Department Establishing By-Law Update The mover noted that the intent of the resolution is that staff will bring the By-Law back to a future meeting for discussion. Resolution # 2021-123 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT a By-law to establish a fire department and to repeal by-law 3190 be received as information. Carried 14.6 Operations and Development 14.6.1 OPD 21-05 Kinsmen Bridge Surface Upgrades There was discussion about the material used on the Kinsmen Pedestrian Bridge. Staff noted that options to improve the bridge surface were considered and it was determined that it was not plausible to install an anti-slip adhesive in winter weather conditions. The material used was determined to be the best option at the time to improve the bridge surface in inclement weather. Staff will be presenting findings from the Enhanced OSIM Inspection Report on the Kinsmen Pedestrian Bridge completed in 2020, at an upcoming meeting of Council. Staff noted that if the current material on the bridge negatively effects animals in warm weather conditions that the material will be removed and stored for the summer time. Staff worked on the bridge today to address rippling of the material and to install additional transition pieces. Resolution # 2021-124 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report OPD 21-05 Kinsmen Bridge Surface Upgrades, as information. 12 Carried 14.6.2 OPD 21-06 Hangar Land Lease Agreement Resolution # 2021-125 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives report OPD 21-06 Hangar Land Lease Agreement Taxiway G1 - Lot 1 as information; AND THAT a By-Law to execute a new Land Lease Agreement for Taxiway G1 - Lot 1 with Karl Szordykowski of Kangible Inc. and to repeal By-Law 4309, be brought forward for Council's consideration. Carried 14.6.3 OPD 21-07 Subdivision Road Naming - Northcrest Phase 2 It was suggested that the Town should contact the Legion regarding a past request to use war names for road names. Staff will notify the individuals whose name's are approved. Resolution # 2021-126 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report OPD 21-07 Subdivision & Road Naming – Northcrest Estates Phase 2 as information; AND THAT Council approves “Northcrest Estates Phase 2” as the subdivision name for the draft plan of subdivision parcel identified in this report known as Part 1 & Part 2 of 41R-10049, Part of Lot 5, Concession 10 (Dereham); AND THAT Council approves “Braun Avenue”, “Keba Crescent”, “Mallard Street”, “Martin Street” and “Lark Street” as road names for the Northcrest Estates Phase 2 subdivision along with the extension of “Canary Street”. Carried 13 14.7 Recreation, Culture and Parks 14.7.1 RCP 21-06 Healthy Communities Initiative Funding Application There was discussion regarding what items could qualify for funding approval. Staff noted the intent is to serve as many residents as possible. There was discussion regarding the proposed outdoor fitness equipment stations, including cost, location and targeted age group. Resolution # 2021-127 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT report RCP 21-06 Healthy Communities Initiative Funding Application, be received as information; AND THAT Council support the proposed application as outlined in this report with an upset allocation of $150,000. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes 17. Motions/Notice of Motions Resolution # 2021-128 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT council directs staff to co-ordinate a delegation presentation from the Youth Council Coalition of Canada. Carried Staff noted that the Town would provide public notice to share that the blue clock tower lighting during the month of April is in Honour of Autism Awareness. It was suggested that a policy be developed to outline a process for clock tower lighting requests. 14 Resolution # 2021-129 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT council directs staff to change the colours of the clock tower lights to Blue for the month of April in Honour of Autism Awareness Month Carried Resolution # 2021-130 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT staff prepare a report including options for council with regard to the Open Air Burning By-Law 3072 (dated 2003), in particular with regard to recreational fires including how permissions or permits are granted, how rules and regulations are communicated and enforced, and how adjacent property owners can express concerns appropriately. Carried Staff will work on bringing the report forward in the next month. Resolution # 2021-131 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff bring a report back to council with regards to donating used playground equipment to a local housing co-operative Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-030, to amend Zoning By-Law Number 3295 (ZN 7-21- 03) 19.2 By-Law 2021-031, to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549 19.3 By-Law 2021-032, to amend By-Law 4247 Schedule A (Committee Appointments) 15 19.4 By-Law 2021-033, to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc. 19.5 A By-law to establish a fire department and to repeal By-Law 3190 Withdrawn. 19.6 By-Law 2021-034, to enter into an airport hanger land lease agreement with Karl Szordykowski and to repeal By-Law 4309 Resolution # 2021-132 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 2021-030, to amend Zoning By-Law Number 3295 (ZN 7- 21-03); and By-Law 2021-031, to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549; and By-Law 2021-032, to amend By-Law 4247 Schedule A (Committee Appointments); and By-Law 2021-033, to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc.; and By-Law 2021-034, to enter into an airport hanger land lease agreement with Karl Szordykowski and to repeal By-Law 4309, 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. Confirm Proceedings By-law Resolution # 2021-133 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 2021-029, to Confirm the Proceedings of the Council meeting held on March 8, 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. 16 Carried 21.Items of Public Interest Members of the public can vote for what colours will be used for the new playground equipment to be installed at Optimist Park. Visit tillsonburg.ca for more information on how to vote. Staff indicated the John Pound Road construction project is expected to be completed by end of next week according to the recent update from the County. Staff will ensure the COVID vaccination information and consent forms are made available at the Customer Service Centre. The next regular meeting of Council is scheduled for Monday, March 22, 2021 at 6:00 p.m. 22.Adjournment Resolution # 2021-134 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of March 8, 2021 be adjourned at 9:13 p.m. Carried