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210412 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, April 12, 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, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Paul Groeneveld, Acting Fire Chief 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 (4:30 p.m.) Resolution # 2021-157 Moved By: Councillor Esseltine Seconded By: Councillor Luciani 2 THAT Council move into Closed Session to consider advice that is subject to solicitor-client privilege, including communications necessary for that purpose and a 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) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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 # 2021-158 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of April 12, 2021, with item 15.2.1 (CS 21-17) being dealt with prior to item 11, be approved. 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 # 2021-159 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council meeting held on March 22, 2021, be approved. 3 Carried 7. Presentations 8. Public Meetings 9. Planning Reports 10. Delegations 10.1 Carlotta James Re: The Monarch Ultra Relay Run Carlotta James appeared before Council to share information on the Monarch Ultra Relay Run. Katherine Balpataky was also present. The Monarch Ultra Relay Run is a 21 day running event to encourage action to protect monarchs and other pollinators whose populations are in steep decline. The team plans on running through the Town of Tillsonburg on Monday, October 4, 2021. Opportunity was provided for comments and questions from Council. Resolution # 2021-160 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the delegation from Carlotta James regarding The Monarch Ultra Relay Run be received as information; AND THAT future communication with the Town be directed to the Town's Communication Officer who will relay to Town committees for information. Carried 10.2 South-West Oxford Re: Proposal to Extend Fibre Networks to Tillsonburg Regional Airport in 2022 David Mayberry, Mayor and Mary Ellen Greb, Chief Administrative Officer appeared before Council to present proposal to extend fibre networks to Tillsonburg Regional Airport in 2022. Opportunity was provided for comments and questions from Council. The Tillsonburg Airport Advisory Committee was made aware of the proposal at their March meeting; the Committee was not interested in the proposal and asked that the current tenants be asked if they are interested 4 in fibre via a survey. Staff have only received three responses at this time and each respondent has indicated they are not interested in fibre. It was noted that the monies for the project would be required in 2022 and that an agreement would be required with South -West Oxford. Resolution # 2021-161 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the delegation from South-West Oxford regarding a proposal to extend fibre networks to Tillsonburg Regional Airport in 2022 be received as information; AND THAT Council support the Town's share of the financial contribution. Carried 10.3 Request to repeal designating By-Law 3852 (Rolph Street Public School) Andrew Teeple, Athon Construction and Development Corporation representing Oxford Lofts Inc. appeared before Council to present the owner's request to repeal designating By-Law 3852. Mr. Teeple provided reasoning for the request and proposed that should the by-law be repealed, the owner would amend the site plan agreement to include detailed elevation drawings, as well as provide $50,000 in security to the Town. Opportunity was provided for comments and questions from Council. Mr. Teeple indicated the cost to insure the property if it was not designated would be one-third of the current cost. Resolution # 2021-162 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the delegation from Andrew Teeple regarding a request to repeal designating By-Law 3852 (Rolph Street Public School) be received as information; AND THAT this information be referred to item 15.2.1 staff report CS 21- 17, for consideration. 5 Carried Item 15.2.1 was dealt with next. 11. Deputation(s) on Committee Reports 12. COVID-19 The Mayor shared information on current local restrictions, vaccination updates and available resources. Councillor Parker asked if the Southwestern Public Health Unit can better communicate when there are no vaccination appointments available. 13. Information Items 13.1 Ontario Recreation Facilities Association Re: Open Letter to ORFA Members and Industry Employers 13.2 Solicitor General Re: Ontario Provincial Police (OPP) detachment boards 13.3 Ministry of Finance Re: Ontario Cannabis Legalization Implementation Fund 13.4 Long Point Region Conservation Authority (LPRCA) Re: 2020 LPRCA Financial Statements and Annual Report Staff noted that the proposal for the Ontario Provincial Police (OPP) detachment board is intended to be for Oxford County but that there is opportunity for the Town to submit their own proposal or partner with another municipality for a proposal. Council will make the decision on what proposal to submit. Resolution # 2021-164 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receive the correspondence from the Ontario Recreation Facilities Association dated March 19, 2021, the correspondence from the Solicitor General dated March 18, 2021, the correspondence from the Ministry of Finance dated March 29, 2021, and the correspondence from the Long Point Region Conservation Authority dated March 16, 2021, as information. AND THAT the correspondence from the Solicitor General regarding the Ontario Police Board makeup be sent to the Tillsonburg Police Services 6 Board (PSB) and that any feedback or comments from the PSB be brought back to Council as soon as possible. Carried 14. Quarterly Reports 14.1 FIN 21-09 2020 Fourth Quarter Consolidated Financial Results Resolution # 2021-165 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives report FIN 21-09 2020 Fourth Quarter Consolidated Financial results as information. Carried 14.2 FIN 21-10 2020 Fourth Quarter Corporate Services Results 14.3 EDM 21-14 2020 Fourth Quarter Economic Development and Marketing Results 14.4 FRS 21-04 2020 Fourth Quarter Fire Services Results 14.5 OPD 21-14 2020 Fourth Quarter Operations and Development Department Results 14.6 OPD 21-16 2020 Fourth Quarter Building, Planning and By-Law Services Results 14.7 RCP 21-08 2020 Fourth Quarter Recreation, Culture and Parks Results Staff noted that the "Equipment Maintenance contract over $34,400 - Dispatch" monies were not accounted for in an agreement for the provision of fire communication services and were required to update systems on both ends to provide service. Resolution # 2021-166 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the 2020 Fourth Quarter Department Results, as information; 7 AND THAT the cumulative 2020 RCP Capital shortfall of $67,872.02 be funded from the RCP reserve. Carried 15. Staff Reports 15.1 Chief Administrative Officer 15.1.1 CAO 21-04 Establishment of Subcommittees: Affordable Housing and Boundary Adjustment Resolution # 2021-167 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives report CAO 21-04 Establishment of Subcommittees: Affordable Housing and Boundary Adjustment; AND THAT staff be directed to proceed with establishing the Affordable Housing Committee of Council following option 2 with the Council appointed representative(s) Councillor Parker and Councillor Esseltine; AND FURTHER THAT staff be directed to proceed with establishing the Boundary Adjustment Committee of Council following option 2 with the Council appointed representative(s) Councillor Parker and Deputy Mayor Beres; AND FURTHER THAT Council supports the Terms of Reference provided for each subcommittee. Carried 15.2 Corporate Services 15.2.1 CS 21-17 Request to repeal designating By-Law 3852, owner’s initiative (Rolph Street Public School) Staff noted that typically monies held in security are refundable. Staff would work with the property owner to amend the site plan agreement and obtain the security money. 8 Resolution # 2021-163 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council consents to the application under Section 32 of the Ontario Heritage Act to repeal By-Law 3852 (83 Rolph Street, Rolph Street Public School); AND THAT the applicant amend the site plan agreement to include all heritage attributes, as well as require $50,000 in security to be provided to the Town. Carried Item 11 was dealt with next. 15.3 Economic Development 15.3.1 EDM 21-07 Offers to Purchase - Walkway between Woodland Crescent and Trillium Drive Resolution # 2021-168 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives report EDM 21-07 Offers to Purchase – Walkway between Woodland Crescent and Trillium 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 John Peters for the property described as the East part of Block 88, Plan 41M-139, and to be described by a new 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 Margarita Janzen for the property described as the West part of Block 88, Plan 41M-139, and to be described by a new reference plan. Carried 15.3.2 EDM 21-08 Highway 3 and Clearview Drive Intersection Final Project Funding Staff noted that Project 808 (SWM Facility) is nearing completion. 9 There is potential that Project 813 (Highway 3 Widening) could go over budget. Resolution # 2021-169 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report EDM 21-08 Highway 3 and Clearview Drive Intersection Final Project Funding; AND THAT $127,000 in funding from the Economic Development Reserve be re-allocated from Project 808 (SWM Facility) to Project 813 (Highway 3 Widening); AND THAT the balance of the Economic Development Reserve of $87,660 be utilized towards Project 813 (Highway 3 Widening); AND THAT the remaining project budget shortfall of $95,399 be temporarily funded from the Tax Rate Stabilization Reserve to be reimbursed by 2021 revenue from the Economic Development Reserve. Carried 15.3.3 EDM 21-09 Surplus Land Declaration - Alleyway between Charles St and Nelson St Staff were asked to provide an overview of next steps in accordance with land disposition by-law. Resolution # 2021-170 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report EDM 21-09 Surplus Land Declaration – Alleyway between Charles Street and Nelson Street; AND THAT the Alleyway property, located between Charles Street and Nelson Street, be declared surplus to the needs of the Town of Tillsonburg in accordance with By-Law 2021-031 (land disposition) including suitable notification to the public. Carried 15.3.4 EDM 21-10 Surplus Land Declaration – Portion of Pine Alley 10 Resolution # 2021-171 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report EDM 21-10 Surplus Land Declaration – Portion of Pine Alley; AND THAT the portion of Pine Alley located East of Ball Street, described as Part 1, Plan 41R-7220, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 2021- 031 (land disposition) including suitable notification to the public. Carried 15.3.5 EDM 21-11 Industrial Land Lease for Agricultural Purposes Resolution # 2021-172 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives report EDM 21-11 Industrial Land Lease for Agricultural Purposes; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into a lease agreement with VanQuaethem Farms Ltd for the lands described as: Part of Lots 3 and 4, Concession 5 NTR Middleton, and more particularly described as Part 2, Plan 37R-283 and Parts 10 and 11, Plan 41R-10104, comprising approximately 73 acres of farmable land; and, Lands located on the east side of Highway 19 (Vienna Road), legally described as part of Lots 8 and 9, Concession 4, NTR, and more particularly described as Lots 1613 and 1638B, Plan 500, comprising of approximately 17 acres of farmable lands. Carried 15.3.6 EDM 21-12 Offer to Purchase - Lot 7, Van Norman Innovation Park 11 Resolution # 2021-173 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives report EDM 21-12 Offer to Purchase – Lot 7, 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 2670309 Ontario Inc for the property described as Lot 7 in the Van Norman Innovation Park. Carried 15.3.7 EDM 21-13 Surplus Land Declaration - Ravine Lands West of Borden Crescent It was asked if this land would have higher value if a development is approved on adjacent property. Staff noted that the zoning on these lands would not change which means it cannot be developed so the value should not change. Staff noted that this report is in response to a request from a developer. Resolution # 2021-174 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives report EDM 21-13 Surplus Land Declaration – Ravine Lands West of Borden Crescent; AND THAT the ravine lands west of the Borden Crescent right of way, described as Parts 1, 2, 3 and 4, Plan 41R-8799, be declared surplus to the needs of the Town of Tillsonburg in accordance with By-Law 2021-031 (land disposition) including suitable notification to the public. Carried 15.4 Finance 15.4.1 FIN 21-11 BIA Levy Assessment and Write-Off Policy 12 The mover indicated the intent of the motion is that all expenses associated to notification be incurred by the Tillsonburg BIA. Staff noted that the by-law would stipulate the proposed maximum charge of 43% as well as a minimum charge. Staff explained the notice requirements and appeal period under the Municipal Act for passing such a by-law. It was asked if staff can provide a report to accompany the by-law. Resolution # 2021-175 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives report FIN 21-11 2020 BIA Levy Assessment and Write-Off Policy as information; AND THAT staff proceed with establishing a maximum charge of 43% of the BIA annual levy to properties known as 164, 170, 200 and 248 Broadway with costs for postage, envelopes and applicable staff time being charged back to the BIA. AND THAT staff take no further action in regards to the tax write off policy. Carried 15.5 Fire and Emergency Services 15.5.1 FRS 21-02 Open-Air Burning By-Law Staff explained that if the Fire Chief or Deputy are not available to respond to a call about recreational fires then a platoon is sent. The educational brochure will be finalized soon and shared via the Town's social media platforms. Staff to explore mail distribution option. Staff explained that open air burning encompasses all burning, including recreational burning. Only recreational burning is permitted in residential zones and does not require permits. Resolution # 2021-176 Moved By: Councillor Luciani Seconded By: Councillor Parker 13 THAT staff report FRS 21-02 Open-Air Burning By-Law be received for information; AND THAT Staff be directed to implement Option 2 to promote safe open-air burning practices in the Town: Update Recreational Fires Brochure Distribute Brochure annually with February tax bills Create fire safety messaging plan for open air burning and for distribution of information utilizing the following communications avenues; fire station and Towns signs, and fire services and Town social media outlets Amend rates and fees by-law to include educational enforcement (written warning/letter) for first offence under By- law, and a fee (as per current fee) for a second and any additional offences under the By-law at the current rate in Fees By-law Introduce fire services SOG for response to, investigation and enforcement of open-air burning complaints Carried 15.5.2 FRS 21-03 Fire Safety Grant Resolution # 2021-177 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT staff be directed to implement the projects as outlined in the OFMEM Fire Safety Grant Application, as approved by the OFMEM. Carried 15.6 Operations and Development 15.6.1 OPD 21-12 Results for RFT 2021-001 Vienna Road (HWY 19) Asphalt Rehabilitation 14 Resolution # 2021-178 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report OPS 21-12, Results for RFT 2021- 001 Vienna Road (HWY 19) Asphalt Rehabilitation as information; AND THAT Council awards Tender RFT 2021-001 to J-AAR Excavating Limited of London, ON at a cost of $968,968.52 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 15.6.2 OPD 21-13 Results for RFT 2021-002 Asphalt and Concrete Maintenance Program Resolution # 2021-179 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report OPS 21-13, Results for RFT 2021- 002 Asphalt and Concrete Maintenance Program as information; AND THAT Council awards Tender RFT 2021-002 to Permanent Paving of Woodstock, ON at a cost of $434,844.70 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 15.6.3 OPD 21-15 O.Reg 588/17 Asset Management Planning for Municipal Infrastructure regulation amendment Resolution # 2021-180 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT report OPD 21-15 O.Reg 588/17 Asset Management Planning for Municipal Infrastructure regulation amendment be received as information. Carried 15 15.7 Recreation, Culture and Parks 15.7.1 RCP 21-10 Annandale Marketing and Promotion Delivery Strategy 2021 Staff noted that the proposed strategy has been shared with the Museum Advisory Committee and it will be presented to the Committee at their next meeting. Staff noted the Museum has secured the required digital equipment to begin work. Resolution # 2021-181 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT report RCP 21-10 Annandale Marketing and Promotion Delivery Strategy 2021, be received as information; AND THAT staff be directed to incorporate the report recommendations into current marketing and promotional strategies and future Business Plans. Carried 16. New Business 17. Consideration of Committee Minutes 17.1 Committee Minutes Staff provided an update regarding the Healthy Communities Initiative Funding Application; a response is expected in the next two months. Staff provided an updated regarding upcoming tree planting in Memorial Park. Resolution # 2021-182 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Memorial Park Revitalization Advisory Committee minutes dated March 17, 2021, as information. Carried 16 17.2 Long Point Region Conservation Authority Minutes Resolution # 2021-183 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive the Long Point Region Conservation Authority Minutes dated December 2, 2020 and March 5, 2021, as information. Carried 18. Motions/Notice of Motions The mover indicated the intent of the motion is to require the site plan for the entire development to be brought forward. Resolution # 2021-184 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the site plan for the Rokeby Road development be provided to Council for approval. Carried 19. Resolutions/Resolutions Resulting from Closed Session 20. By-Laws 20.1 By-Law 2021-041 to authorize an agreement of purchase and sale with John Peters 20.2 By-Law 2021-042 to authorize an agreement of purchase and sale with Margarita Janzen 20.3 By-Law 2021-043 to enter into a land lease agreement with VanQuaethem Farms 20.4 By-Law 2021-044 to authorize an agreement of purchase and sale with 2670309 Ontario Inc Resolution # 2021-185 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 17 THAT By-Law 2021-041 to authorize an agreement of purchase and sale with John Peters; and By-Law 2021-042 to authorize an agreement of purchase and sale with Margarita Janzen; and By-Law 2021-043 to enter into a land lease agreement with VanQuaethem Farms; and By-Law 2021-044 to authorize an agreement of purchase and sale with 2670309 Ontario Inc, 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. Confirm Proceedings By-law Resolution # 2021-186 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 2021-040, to Confirm the Proceedings of the Council meeting held on April 12, 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 22. Items of Public Interest Upcoming Council meetings include:  Monday, April 19, 2021 at 4:30 p.m. for the purpose of holding public meetings for planning applications.  Monday, April 26, 2021 at 6:00 p.m. regular meeting. 23. Adjournment Resolution # 2021-187 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of April 12, 2021 be adjourned at 9:44 p.m. 18 Carried