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210712 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, July 12, 2021 5:00 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 Paul Groeneveld, Acting Fire Chief Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner David Drobitch, Manager of Parks and Facilities Amelia Jaggard, Deputy Clerk Regrets: Chris Baird, Director of Recreation, Culture and Parks _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session (5:00 p.m.) Resolution # 2021-324 Moved By: Councillor Parker Seconded By: Councillor Luciani 2 THAT Council move into Closed Session to consider two 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; 2.4.2 239 (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.) Resolution # 2021-325 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of July 12, 2021, be approved. Carried 4. Moment of Silence Mayor Molnar recited a Traditional Territory Acknowledgment Statement. 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 # 2021-326 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker 3 THAT the minutes of the Council meeting held on June 28, 2021, and the minutes of the Special Council meeting held on June 29, 2021, be approved. Carried 7. Presentations 8. Public Meetings Resolution # 2021-327 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04 p.m. Carried 8.1 Application for Minor Variance A14-21 (Ritchie) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. A letter of opposition was received following the publication of the agenda. Staff recommend approval of the application. Opportunity was provided for comments and questions from Council. Staff confirmed that residential use is not permitted in the proposed structure. The purpose of the proposed structure is for personal storage. Staff noted the applicant will be improving the su rface of the existing driveway. The applicant was not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-328 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Committee of Adjustment approve Application File A14-21, submitted by Mark Ritchie, for lands described as Lot 12, Plan 551, Town of Tillsonburg, as it relates to: 4 1. Relief of Section 5.1 – Table 5.1.1.4 – Lot Coverage, maximum for all accessory buildings and structures, to increase the maximum permitted ground floor area from 50 m2 (538.2 ft2) to 80 m2 (753.47 ft2) to permit the construction of a detached accessory building. Subject to the applicant obtaining a building permit for the proposed accessory building within one year of the date of the Committee’s Decision. Carried 8.2 Application for Minor Variance A15-21 (Wall) 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. Staff noted the driveway can accommodate two vehicles. The applicant was not in attendance. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-329 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT the Committee of Adjustment approve Application File A15-21, submitted by Simon Wagler, for lands described as Lot 32, Plan 41M -369, Town of Tillsonburg, as it relates to: 1. Relief of Section 7.2, R2 Zone Provisions – Front Yard, Minimum Depth, to decrease the minimum required front yard depth from 6.0 m (19.7 ft) to 5.0 m (16.4 ft), to facilitate the construction of a single detached dwelling. Subject to the following conditions: a) The applicant shall obtain a building permit for the proposed single detached dwelling within one year of the date of the Committee’s Decision; b) That the proposed relief only apply to the construction of a single 5 detached dwelling in a location and manner consistent with Plate 3 of Report CP-2021-231. Carried Resolution # 2021-330 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 6:19 p.m. Carried 9. Planning Reports 10. Delegations 10.1 Harnek Grewal Re: Waste material by-laws Harnek Grewal appeared before Council to request that Council require that owners build fences on the property line or that any property left on the opposite side of a fence is the adjacent property owner's right to use. Mr. Grewal asked that a $150 by-law ticket that he received be waived. Opportunity was provided for comments and questions from Council. Resolution # 2021-331 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the delegation by Harnek Grewal regarding waste material by-laws be received as information. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 It was asked when Council and Committee will return to in-person meetings. Staff will update Council in the next week regarding returning to the hybrid meeting format. 6 Mayor Molnar provided a local update and shared informational resources. 13. Information Items 13.1 Ministry of Transportation Re: Community Transportation (CT) Grant Program Extension 13.2 Ministry of Municipal Affairs and Housing Re: Municipal Modernization Phase 2 Funding 13.3 Solicitor General Re: Responding to Animals Left in Motor Vehicles Staff noted that the proposed projects for the modernization funding will be reviewed and that if additional monies are required a report will be brought forward to Council. It was confirmed that the inter-community transit funding has been extended to 2025. It was asked that the Town share the information provided by the Solicitor General with the community. Resolution # 2021-332 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the correspondence from the Ministry of Transportation dated June 28, 2021, and the correspondence from the Ministry of Municipal Affairs and Housing dated June 30, 2021, and the correspondence from the Solicitor General dated July 8, 2021, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Corporate Services 14.3 Economic Development 14.3.1 EDM 21-21 Offer to Purchase - Ravine Lands West of Borden Crescent 7 There was discussion regarding the property's book value versus the fair market value. Staff were asked to confirm the fair market value of $24,000. Resolution # 2021-333 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report EDM 21-21 Offer to Purchase – Ravine Lands West of Borden Crescent; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Tillsonburg Developments Inc in Trust for 2407774 Ontario Limited for the property described Parts 1, 2, 3 and 4, Plan 41R-8799. Carried 14.4 Finance 14.4.1 FIN 21-21 BIA Levy Assessment By-Law Resolution # 2021-334 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT a By-law to amend the BIA By-Law 2013 to establish a maximum and minimum levy for 164, 170, 200 and 248 Broadway be brought forward for Council consideration. Carried 14.4.2 FIN 21-22 Revised 2021 Final Tax By-Law Schedule A Resolution # 2021-335 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT a By-law to amend the Tax Rate By-Law 2021-062 to replace Schedule “A” be brought forward for Council consideration. Carried 8 14.4.3 FIN 21-23 2022 Budget Process It was noted that the third Thursday in December is a Tillsonburg Airport Advisory Committee meeting date and it was asked on a go- forward basis if this night could be avoided for Council Budget meetings. Resolution # 2021-336 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receives report FIN 21-23 2022 Budget Process; AND THAT the following dates are scheduled for Council Budget Meetings: Monday, November 29, 2021 4:00 p.m. to 9:00 p.m. Monday, December 6, 2021 9:00 a.m. to 3:00 p.m. Thursday, December 16, 2021 4:00 p.m. to 9:00 p.m. Monday, January 17, 2022 6:00 p.m. to 9:00 p.m. Carried 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 21-27 Sign By-Law Amendment - COVID-19 Resolution # 2021-337 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives report OPD 21-27 Sign By-Law Amendment – COVID-19 as information; AND THAT a By-Law to amend By-Law 3798, being a by-law to prohibit or regulate signs and other advertising devices and the posting of notices within the Town of Tillsonburg, be brought forward for Council’s consideration; AND THAT a By-Law to amend By-Law 2021-004, being a Schedule of Fees for certain Municipal applications, services and 9 permits in the Town of Tillsonburg, be brought forward for Council’s consideration. Carried 14.7 Recreation, Culture and Parks 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Staff are working on plans for Library Lane and Keating Alley redesign concepts that will be brought forward as part of the 2022 budget deliberations. Resolution # 2021-338 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Accessibility Advisory Committee minutes dated June 8, 2021, be received as information. Carried 17. Motions/Notice of Motions Resolution # 2021-339 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Staff be directed to prepare a report regarding the development of a Traditional Territory Acknowledgment Statement for the Town of Tillsonburg. Said draft Traditional Territory Acknowledgement Statement to be included in the report. This acknowledgement would appropriately be incorporated at the beginning of Town of Tillsonburg Council meetings, gatherings, events or presentations, and be printed on the town’s website. The goal of this Statement would be to encourage the acknowledgement of the First Peoples on whose traditional territories we live and work and show recognition and respect for indigenous people. 10 Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-075, to authorize an agreement of purchase and sale with Tillsonburg Developments Inc in Trust for 2407774 Ontario Limited 19.2 By-Law 2021-076, to amend By-Law 2013 (BIA) 19.3 By-Law 2021-077, to amend By-Law 2021-062 (Tax Rates) 19.4 By-Law 2021-078, to amend By-Law 3798 (Sign By-Law) 19.5 By-Law 2021-079, to amend By-Law 2021-004 (Rates and Fees) Resolution # 2021-340 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2021-075, to authorize an agreement of purchase and sale with Tillsonburg Developments Inc in Trust for 2407774 Ontario Limited; and By-Law 2021-076, to amend By-Law 2013 (BIA); and By-Law 2021-077, to amend By-Law 2021-062 (Tax Rates); and By-Law 2021-078, to amend By-Law 3798 (Sign By-Law); and By-Law 2021-079, to amend By-Law 2021-004 (Rates and Fees), 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 # 2021-341 Moved By: Councillor Parker Seconded By: Councillor Luciani 11 THAT By-Law 2021-071, to Confirm the Proceedings of the Council meeting held on July 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 21. Items of Public Interest Deputy Mayor Beres shared information regarding the new lawn poppy campaign operated by the Tillsonburg Lions Club in partnership with the Legion. The lawn poppy's can be purchased online at the Tillsonburg Lions Club's website (https://e-clubhouse.org/sites/tillsonburg/). Staff noted that the Lake Lisgar Waterpark slide is awaiting inspection after which it will be ready for operation. Recreation, Culture and Parks Department is working on plans for Stage 3. The Tillsonburg Community Centre is expected to open Monday, July 19. Fitness programs will remain outdoors. Upcoming Council meetings include:  Monday, August 8, 2021 at 6:00 p.m. regular meeting 22. Adjournment Resolution # 2021-342 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of July 12, 2021 be adjourned at 7:34 p.m. Carried