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210614 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, June 14, 2021 4:00 PM Council Chambers 200 Broadway, 2nd Floor 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 4:00 p.m. 2. Closed Session (4:00 p.m.) 2 Resolution # 2021-266 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider advice that is subject to solicitor- client privilege, including communications necessary for that purpose; and two matters of a proposed or pending acquisition or disposition of land by the municipality or local board; and to consider information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. 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; 2.4.3 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4.4 239 (2) (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2021-267 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Agenda as prepared for the Council meeting of June 14, 2021, with the addition of agenda item 10.1 to hear a delegation from Mr. Thomas Lamos, be approved. Carried 4. Moment of Silence 3 Council held a moment of silence for the 215 children found buried at the site of the former Kamloops Indian Residential School and for the four members of a Muslim family who were killed in an attack on June 6 in London, ON. 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 # 2021-268 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council meeting held on May 25, 2021, be approved. Carried 7. Presentations 7.1 Volunteer Recognition Award - Jennifer Farkas Mayor Molnar and Collette Takas presented the Volunteer Recognition Award to Jennifer Farkas. 7.2 Community Safety and Well-Being Plan Lynsey Aarssen, Climb Consulting, presented the Community Safety and Well-Being Plan. Opportunity was provided for comments and questions from Council. Resolution # 2021-269 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Safe and Well Oxford: Community Safety and Well-being Plan be approved. Carried 8. Public Meetings 8.1 Application for Zone Change 7-21-07 (Ancomar Investments Corporation) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend that the 4 application be denied as the proposal does not maintain the intent and purpose of the Official Plan regarding development in Service Commercial areas. Opportunity was provided for comments and questions from Council. Staff confirmed the AGCO's required distance between a cannabis retail store and an operating educational facility is 150m. David Ferkul, applicant, was in attendance to provide support for the application. No members of the public appeared before Council either in support of or opposition to the application. Staff confirmed the BIA is circulated on these applications and that no comments have been received. Resolution # 2021-270 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approve the zone change application submitted by Ancomar Investments Corporation, whereby the lands described as Part Lot 381, Plan 500, Town of Tillsonburg, known municipally as 107 Concession Street East are to be rezoned from ‘Service Commercial Existing Plaza Zone (SC-E)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands; AND THAT Council enact a temporary use by-law under Section 39 of the Planning Act to permit the proposed retail store for a temporary period of not more than three years. Carried 9. Planning Reports 10. Delegations 10.1 Thomas Lamos Thomas Lamos appeared before Council to complain about noise created by the A&W restaurant drive thru at 535 Broadway. Mr. Lamos asked that the Town require the A&W restaurant to close the drive thru at 11:00 p.m. under the noise by-law. Opportunity was provided for comments and questions from Council. 5 Mr. Lamos noted that the noise has been an issue since 2013 each evening between 11:00 p.m. to 3:30 a.m. year round. The mover indicated the intent of the motion is that staff provide information on noise studies conducted in the past if applicable, whether staff recommend a noise study be conducted and recommendations for noise mitigation. Staff noted that a lack of staff resources after hours inhibits the Town's ability to effectively enforce the noise by-law in this situation. Staff have made the OPP aware of the situation and had asked the delegate to notify the OPP after hours when the issue is of concern. Staff will confirm approximate timing of the report. Resolution # 2021-271 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives the delegation Mr. Tom Lamos as information. AND THAT a report be brought forward to Council which includes information on a noise study and any recommendations for noise mitigation in this area such as a sound barrier wall. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 It was asked if the Tillsonburg Vaccine Clinic will receive more moderna vaccines. Oxford County will receive more but it is unknown at this time what the Tillsonburg location will receive. Mayor Molnar provided a local update and shared informational resources. It was noted that the 12 week period between doses has been reduced to an 8 week period. 13. Information Items 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-07 Establishment of Subcommittee - Tillsonburg 150 6 Resolution # 2021-272 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report CAO 21-07 Establishment of Subcommittee: Tillsonburg 150 Subcommittee; AND THAT staff be directed to proceed with establishing the Tillsonburg 150 Subcommittee; AND FURTHER THAT Council approves the attached Terms of Reference. Carried 14.2 Corporate Services 14.2.1 CS 21-20 Special Council Meeting June 29 2021 Resolution # 2021-273 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT June 29, 2021 at 12:00 p.m. be scheduled as a Special Council Meeting to deal with the Annual General Meeting of the Shareholder of Tillsonburg Hydro Inc. Carried 14.3 Economic Development 14.4 Finance 14.5 Fire and Emergency Services 14.5.1 FRS 21-06 Fire Services Radio Communications - In-vehicle Repeater Resolution # 2021-274 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff report FRS 21-06 entitled “Fire Services Radio Communications – In-vehicle Repeater” be received as information; AND THAT Staff be directed to purchase and install an in-vehicle radio repeater from Five9 Solutions in the amount of $3,469.25 plus HST; AND THAT the Fire Equipment Reserve be used to fund the expense. 7 Carried 14.6 Operations and Development 14.6.1 OPD 21-24 Airport Hangar Land Lease Agreement Staff noted that the Airport Master Plan is expected to be brought forward by August. Resolution # 2021-275 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives report OPD 21-24 Airport Hangar Land Lease Taxiway G1 Lot #6; AND THAT a By-law to execute the Hanger Land Lease Agreement for Taxiway G1 Lot #6 with Nathan Bain and Emily Crombez be brought forward for Council consideration. Carried 14.6.2 OPD 21-25 Concession Street West Reconstruction The construction start date is August 1 and the anticipated end date is October 27. A traffic plan will be distributed to Council, the public and local businesses. Staff noted the intent is to keep Kinsmen Participark accessible to residents. Staff will update Council in regards to this. Resolution # 2021-276 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives report OPD 21-25, RFT 2021-007 Concession Street West Reconstruction as information; AND THAT Council awards Tender RFT 2021-007 to Gedco Excavating Ltd. of Brantford, ON at a cost of $2,445,793.49 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 14.7 Recreation, Culture and Parks 8 14.7.1 RCP 21-14 Elliott Fairbairn Roof Replacement Staff noted the current lease is in effect until 2029 and that the Town has a responsibility to maintain the asset. Resolution # 2021-277 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT report RCP 21-14 Elliott Fairbairn Centre - Roof Replacement, be received as information; AND THAT Council direct staff to immediately issue a tender for the required roof replacement with the results brought back to Council for final approval and funding authorization. Carried 14.7.2 RCP 21-16 Equipment Purchase Amendments Resolution # 2021-278 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT report RCP 21-16 Equipment Procurement Amendments, be received as information; AND THAT Council approves the recommended amendments to the original 2021 equipment procurement as outlined in this report; AND THAT the savings of the adjustments remain within the Equipment Replacement Reserve. Carried 14.8 Hydro Operations 14.8.1 HYD 21-01 Sentinel Light Rental Exit Strategy Resolution # 2021-279 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report Hydro 21-01 as information; AND THAT Council directs staff to wind down the Sentinel Light Rental Business and cease new installations of Sentinel Light Rentals. 9 Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2021-280 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives the Economic Development Advisory Committee minutes dated May 11, 2021 and the Culture, Heritage and Special Awards Committee minutes dated May 5, 2021, as information. Carried 17. Motions/Notice of Motions Resolution # 2021-281 Moved By: Councillor Esseltine Seconded By: Councillor Gilvesy Knowing that municipal sanitary services have not been available to property owners in the North Street East from Broadway to Beckett Boulevard area in the past, and that residents have been required to provide and maintain their own septic systems (many of which continue to be in good working order), being required to connect to new municipal sanitary services at a cost per property in excess of $9000 seems unreasonable. Therefore, the Council of the Town of Tillsonburg respectfully recommends to the County of Oxford that owners of unserviced properties along the North Street East Corridor and surrounding area in Tillsonburg be offered an option to defer connection to the new water and sanitary services available to them through the Oxford Road 20 Road Reconstruction project, and that an open attendance public meeting be held when Covid regulations allow. Carried It was suggested that this be considered during the 2022 business plan discussions. Resolution # 2021-282 Moved By: Councillor Gilvesy Seconded By: Councillor Parker 10 THAT a By-Law to amend By-Law 3798 to lift the restrictions on banner signs which was previously amended expired on December 31st 2020 be reinstated to May 31, 2022 to allow businesses the opportunity to aggressively market during covid recovery. Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-064, to repeal designating By-Law 3852 (Rolph Street Public School) 19.2 By-Law 2021-065, to authorize a land lease agreement with Nathan Bain and Emily Crombez Resolution # 2021-283 Moved by: Councillor Esseltine Seconded by: Councillor Luciani THAT the By-Law to repeal designating By-Law 3852 (Rolph Street Public School) be dealt with separately. Carried Resolution # 2021-284 Moved by: Councillor Parker Seconded by: Councillor Gilvesy THAT By-Law 2021-064, to repeal designating By-Law 3852 (Rolph Street Public School), 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. Councillor Esseltine called for a recorded vote. Councillor Essletine - No Councillor Gilvesy - Yes Councillor Luciani - Yes Councillor Parker - Yes Councillor Rosehart - Yes Deputy Mayor Beres - Yes Mayor Molnar - Yes 11 Carried Resolution # 2021-285 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT By-Law 2021-065, to authorize a land lease agreement with Nathan Bain and Emily Crombez, 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 # 2021-286 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 2021-063, to Confirm the Proceedings of the Council meeting held on June 14, 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 The Town is currently accepting citizen of the year award nominations. Deadline for nominations is July 9 at 4:30 p.m. The Annandale National Historic Site in partnership with Sobeys Tillsonburg will be selling fun-filled Canada Day Bags to families for a cost of $20 plus tax. Councillor Rosehart asked residents to help pick up garbage on the walking trail between Tilson and Broadway. Staff noted that the Lake Lisgar Waterpark pool will be open on Father's Day weekend and that the waterslide will be open soon after. Deputy Mayor Beres shared information regarding a new poppy campaign operated by the Tillsonburg Lions Club in partnership with the Legion. Staff noted that there is currently a waiting list for summer camps and that the Town is working with SWPH to attempt to determine if the Town can accommodate larger numbers under the current regulations. 12 Upcoming Council meetings include:  Monday, June 21, 2021 at 4:30 p.m. for the purpose of holding public meetings for planning applications.  Monday, June 28, 2021 at 6:00 p.m. regular meeting 22. Adjournment Resolution # 2021-287 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of June 14, 2021 be adjourned at 8:25 p.m. Carried