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210809 Council MIN 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, August 9, 2021 6:00 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 Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Geno Vanhaelewyn, Chief Building Official Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Adoption of Agenda 2 Resolution # 2021-343 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of August 9, 2021, with item 14.6.8. Staff Report OPD 21-34, being considered prior to item 8, 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 # 2021-344 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the minutes of the Council meeting held on July 12, 2021, be approved. Carried 7. Presentations 7.1 Explorer Solutions Re: Tillsonburg Regional Airport Master Plan Christian Perreault was present to provide an overview of the Tillsonburg Regional Airport Master Plan. Opportunity was provided for comments and questions from Council. Mr. Perreault noted that the number one safety concern that needs to be addressed is installing card lock security gates to allow only validated individuals and vehicles to the airside. Resolution # 2021-345 Moved By: Councillor Parker Seconded By: Councillor Esseltine 3 THAT Council receives the presentation by Christian Perreault of Explorer Solutions regarding the Tillsonburg Regional Airport Master Plan, as information. Carried 8. Public Meetings 8.1 Application for Zone Change ZN 7-21-06 (Town of Tillsonburg) 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. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2021-347 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council approve the zone change application submitted by the Corporation of the Town of Tillsonburg, whereby the lands described as Part Lots 1 & 2, Concession 5 NTR, and Parts 1-4 & 13 of 41R-8326 in the Town of Tillsonburg, are to be rezoned from ‘General Industrial Zone (MG)’ and ‘Future Development Zone (FD)’ to ‘Special General Industrial Zone (MG-sp)’ and ‘Passive Use Open Space Zone (OS1)’ to facilitate the development of a draft approved industrial plan of subdivision. Carried 8.2 Application for Zone Change ZN 7-21-08 (VDK Investments Inc.) Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. The owner's of 25 Harvey Street and 27 Harvey Street submitted an opposition letter following the publication of the agenda which was circulated to Council via email. Staff recommend the application not be approved. Opportunity was provided for comments and questions from Council. 4 Staff noted that there are no records relating to noise at the subject property when it was previously used as a drive-through over ten years ago. Staff provided information on noise studies. William Vandekrol, applicant, was present to provide support for the application. Mr. Vankedrol indicated their willingness to meet the mitigation requirements as identified by a noise study. Mr. Vandekrol noted that the access to Harvey Street would be blocked and that egress would be onto Oxford Street. Mr. Vandekrol noted that he has a letter of intent from Starbucks for a long term lease on the property which is conditional upon receiving approval for a drive-through. The agent, Natalie Catlos, was present to provide support for the application. Jesse Goossens, 11 Morning Glory Drive, who is the owner of properties located at 21 Oxford Street, 33 Oxford Street and a property on Harvey Street, was present to provide support for the application. No other members of the public appeared before Council either in support of or in opposition to the application. Staff confirmed that as part of the site plan approval process the applicant will be required to complete a noise study prior to the issuance of a building permit. Resolution # 2021-348 Moved By: Councillor Gilvesy Seconded By: Councillor Parker That Zone change application ZN 7-21-08 submitted by VDK Investments Inc., described as Lots 1100-1102, plan 500, known municipally as 38 Oxford Street in the Town of Tillsonburg be approved. Councillor Parker called for a recorded vote. Councillor Parker - Yes Councillor Rosehart - Yes Deputy Mayor Beres - Absent Councillor Essletine - Yes Councillor Gilvesy - Yes 5 Councillor Luciani - Yes Mayor Molnar - Yes Carried 9. Planning Reports 10. Delegations 10.1 John Armstrong Re: Truck traffic on Broadway/ Bypass John Armstrong appeared before Council to ask that Council recognize the truck traffic issue on Broadway and ask that the Town review this concern. Opportunity was provided for comments and questions from Council. Resolution # 2021-349 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the delegation of John Armstrong regarding truck traffic on Broadway/bypass be received as information; AND THAT a report be brought forward to Council which could include the utilization of existing infrastructure and partnering with local municipalities; AND THAT the timeline for this report and potential project should strive to achieve the goal as outlined in the newly adopted Community Strategic Plan. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 Deputy Mayor Beres joined the meeting at 8:24 p.m. Staff noted that the current recommendation of SWPH is not to hold in-person meetings. Mayor Molnar provided a local update and shared informational resources. 13. Information Items 13.1 Oxford County Council Resolution Re: Proposed “Southwest Landfill" 6 13.2 City of Woodstock Resolution Re: Affordable Housing 13.3 Tillsonburg BIA Resolution Re: Financial stability sustainability of the DTBIA Resolution # 2021-350 Moved By: Councillor Esseltine Seconded By: Councillor Luciani That council receive the correspondence from Oxford County Council dated July 15, 2021, the correspondence from the City of Woodstock dated July 15, 2021 and the correspondence from the Tillsonburg BIA dated July 20, 2021 as information, and that the BIA report back to council detailing the current status of the 2021 Façade Improvement Project as well as the plan for diverting Façade Improvement Funds to other purposes. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-08 Establishment of Committee Members for Tillsonburg 150 Sub-Committee Resolution # 2021-351 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Bill Geekie, Aleksandra Webber, Christine Wade, and Joan Weston be appointed to the Tillsonburg 150 Ad Hoc Committee; AND THAT Deputy Mayor Beres be appointed as the Council representative on the Tillsonburg 150 Ad Hoc Committee. Carried 14.1.2 CAO 21-09 Staff Appreciation Day There were concerns noted regarding the closure and the timing of this type of social event with the ongoing pandemic. Resolution # 2021-352 7 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approves an annual Staff Appreciation Day, held in early September after Labour Day that involves an early office closure. Defeated 14.1.3 CAO 21-10 Return to Work – Hybrid Model Pilot Project for Town staff Staff noted that the staff performance assessment process is used to measure productivity. Staff noted that the nature of a position determines whether work from home is an option; working from home would not be compulsory. Staff will be bringing a work from home policy forward prior to the end of the pilot project. Resolution # 2021-353 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council approves a 6 month pilot project of a hybrid return to work model for Town of Tillsonburg staff from September 2021 to March 2022, and direct staff to bring back a formal policy for Council consideration regarding a hybrid work model. Carried 14.2 Corporate Services 14.2.1 CS 21-22 Committee Appointments Resolution # 2021-354 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council appoint Courtney Booth and Jason Pankratz to the Cultural, Heritage and Special Awards Advisory Committee; 8 AND THAT Council appoint Dane Willson to the Economic Development Advisory Committee; AND THAT a By-Law to amend By-Law 4247 Schedule A to include these additional appointments be brought forward for Council’s consideration. Carried 14.3 Economic Development 14.3.1 EDM 21-22 Community Improvement Plan Application - 61 Townline Road Resolution # 2021-355 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report EDM 21-22 Community Improvement Plan Application – 61 Townline Road; AND THAT the 61 Townline Road property be approved for the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the High Level, which offers the following growth related rebates: Years 1 to 6 - 50% rebate of the incremental tax increase Year 7 - 40% rebate Year 8 - 30% rebate Year 9 - 20% rebate Year 10 - 10% rebate with full property taxes being payable in 2032; and, a 50% rebate of the building permit fees. Carried 14.3.2 EDM 21-23 Community Improvement Plan Application - 141 Broadway Resolution # 2021-356 Moved By: Councillor Gilvesy Seconded By: Councillor Parker 9 THAT Council receives Report EDM 21-23 Community Improvement Plan Application – 141 Broadway; AND THAT the 141 Broadway property be approved for the Accessibility Renovation Grant in matching funds to a maximum contribution of $3,000. Carried 14.3.3 EDM 21-24 Circulation of Planning Items to Economic Development Advisory Committee Resolution # 2021-357 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report EDM 21-24 Circulation of Planning Items to the Economic Development Advisory Committee as information. Carried 14.4 Finance 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 21-26 Clean Yard By-Law Amendments Resolution # 2021-358 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT report OPD 21-26 Clean Yard By-Law Amendments be received as information; AND THAT a By-Law to amend By-Law 3810 being a by-law to establish and maintain clean and clear lands in the Town of Tillsonburg be brought forward for Council’s consideration. Carried 14.6.2 OPD 21-28 Sign Variance - 42 Oxford Street 10 Resolution # 2021-359 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT report OPD 21-28, Sign Variance – 42 Oxford Street, be received as information; AND THAT a variance to Sign By-Law 3798 be approved for the construction of a 0.84 m2 (9 ft2) – 0.92 m (36”) x 0.92 m (36”) overhanging sign mounted on the south building face located at 42 Oxford Street (Plan 500, LOT 1161) with the following conditions: (i) a sign permit is obtained; (ii) an encroachment permit and encroachment agreement are obtained for the installation of the sign overhanging the road allowance; (iii) the property owner shall carry adequate liability insurance for the overhanging sign naming the Municipality as an additional insured and (iv) the bottom of the overhanging portion of the sign shall be erected at least 2.5 metres above the established grade or surface of the public sidewalk. Carried 14.6.3 OPD 21-29 Traffic By-Law Amendment - Van Street Resolution # 2021-360 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT report OPD 21-29, Traffic By-Law Amendment – Van Street, be received as information; AND THAT a By-Law to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles within the Town of Tillsonburg, be brought forward for Council’s consideration. Carried 14.6.4 OPD 21-30 Building Inspector Appointment Council recessed at 9:33 p.m. 11 Council resumed at 9:40 p.m. Resolution # 2021-361 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT report OPD 21-30 Building Inspector Appointment, be received as information; AND THAT a By-Law to appoint Eric Nemeth as a Building Official, Property Standards Officer and Provincial Offences Officer for the Town of Tillsonburg be brought forward for Council consideration. Carried 14.6.5 OPD 21-31 Plans Review Consulting Services Resolution # 2021-362 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT report OPD 21-31 Plans Review Consulting Services, be received as information; AND THAT Council continues to support the requirements set in the Ontario Building Code Act to ensure adequate staffing are in place to administer the Ontario Building Code; AND THAT Council authorizes the use of increased permit revenue in 2021 and/or building permit reserves to fund a contract with RSM Building Consultants Inc.; AND THAT a By-Law to appoint Gerald Moore and Barbara Mocny as Building Officials for the Town of Tillsonburg be brought forward for Council consideration; AND THAT Council authorizes the Chief Building Official to execute the consulting services agreement with RSM Building Consultants Inc. Carried 14.6.6 OPD 21-32 2021 Fleet Tender Results Resolution # 2021-363 12 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT report OPD 21-32 2021 Fleet Tender Results, be received as information; AND THAT Council awards Quotation RFQ 2021-006 Supply and Delivery of one (1) New Full Size ½ Ton Crew Cab Pickup Truck to Georgian Chevrolet Buick GMC of Barrie, Ontario at a cost of $ $36,708.71 (net HST included) to be funded through debenture as previously approved. Carried 14.6.7 OPD 21-33 As sumption By-Law for Andrews Crossing Subdivision Phase One Resolution # 2021-364 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report OPD 21-33, Assumption By-Law for Andrews Crossing Subdivision Phase One; AND THAT Council assumes as public services/right-of-way within the Registered Plan 41M-329, more particularly described in the Subdivision Agreement between The Corporation of the Town of Tillsonburg and Performance Communities Realty Inc. dated August 21, 2017; AND THAT a by-law to assume municipal services in Registered Plan 41M-329 be brought forward. Carried 14.6.8 OPD 21-34 2021 Tillsonburg Regional Airport Master Plan Resolution # 2021-346 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT report OPD 21-24 2021 Tillsonburg Regional Airport Master Plan be received as information; 13 AND THAT Council and staff recognize the comments and concerns raised by the members of the Tillsonburg Airport Advisory Committee; AND THAT these comments and concerns should be taken into consideration by staff and Council when determining future expenditures, projects and programs for budget deliberations; AND THAT staff place a priority on reaching out to local neighbouring municipalities and the County of Oxford to forge partnerships and awareness of the Tillsonburg Regional Airport, and also place a priority on ongoing safety concerns as well as infrastructure to facilitate growth. Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 21-18 Canada Community Revitalization Fund - Grant Application Staff noted that the proposal is to maximize the grant to upgrade the facility to allow for the Town to utilize this facility year round. Resolution # 2021-365 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Report RCP 21-18, Canada Community Revitalization Fund – Grant Application, be received as information; AND THAT Council supports the proposed application for the reconstruction of the Lake Lisgar Water Park Building, as outlined within this report. Carried 14.7.2 RCP 21-19 Tillsonburg Aquatic Centre Rehabilitation Update Staff noted that there will be opportunity for Council and advisory committees to provide input into the proposed designs. Resolution # 2021-366 14 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Report RCP 21-19, Tillsonburg Aquatic Centre Rehabilitation Update, be received as information. Carried The Lake Lisgar Waterpark slide is operational. Staff noted that the splash pad project component of the ICIP grant application could go to tender in the late fall. 14.7.3 RCP 21-20 Tillsonburg Community Gardens Expansion Resolution # 2021-367 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Report RCP 21-20 Tillsonburg Community Gardens Expansion be received as information; AND THAT Council endorse the Gardens Group’s proposal to expand the Community Gardens as proposed; AND THAT Council direct staff to consult with the Gardens Group and the Long Point Region Conservation Authority (LPRCA) to further the expansion proposal and LPRCA Permit Application process. Carried 14.7.4 RCP 21-22 Elliott Fairbairn Roof Replacement - Award of Tender Resolution # 2021-368 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT report RCP 21-22 – Elliott Fairbairn Roof Replacement – Award of Tender be received as information; AND THAT Council award the lowest bid to Grand Valley Roofing & Coatings Inc., Cambridge, Ontario for $179,271.00, excluding applicable taxes; 15 AND THAT the project expenditure be funded through debenture as proposed in this report. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2021-369 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT Council receives Cultural, Heritage and Special Awards Advisory Committee minutes dated June 9, 2021 and July 7, 2021, the Economic Development Advisory Committee minutes dated June 8, 2021, July 13, 2021 and August 5, 2021, Affordable and Attainable Housing Advisory Committee minutes dated June 17, 2021 and July 15, 2021, the Boundary Adjustment Advisory Committee minutes date June 18, 2021, the Parks, Beautification and Cemetery Advisory Committee minutes dated July 8, 2021, the Transit Advisory Committee minutes dated July 13, 2021, and the Airport Advisory Committee minutes dated June 17, 2021, as information. Carried 17. Motions/Notice of Motions Staff noted that there is one complaint on record regarding this PXO. Resolution # 2021-370 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Town of Tillsonburg respectfully request the Ministry of Transportation proceed with a review of the PXO (Pedestrian Crossings) that have been designed and constructed in accordance with the Ontario Traffic Manual and the Manual for Uniform Traffic Control Devices; AND THAT the following safety concerns have been identified 16 • Positioning of lights creates visibility limitations (overhead lights are much more visible); • Vehicles cannot stop immediately when PXO has been engaged when travelling at posted speeds; and • Lack of delay (walk indicator) which allows traffic to stop and pedestrian to proceed; AND THAT the Town of Tillsonburg forward this resolution accompanied by a letter to the Honorable Minister Mulroney, Minister of Transportation and copied to the local Police Services Board. Councillor Parker called for a recorded vote. Councillor Parker - Yes Councillor Rosehart - Yes Deputy Mayor Beres - No Councillor Essletine - No Councillor Gilvesy - Yes Councillor Luciani - No Mayor Molnar - No Defeated Councillor Esseltine requested that the following notice of motion be included on the September 13, 2021 Council agenda. Moved By: Councillor Esseltine THAT new appointees to Committees of Council be recognized by name and that these names be included in both the Committee Appointment Report as well as the resolution to amend the By-Law and its related Schedule. 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2021-081, to amend By-Law 3295 (ZN 7-21-04) 19.2 By-Law 2021-082, to amend By-Law 3295 (ZN 7-21-05) 19.3 By-Law 2021-083, to amend By-Law 3295 (ZN 7-21-06) 19.4 By-Law 2021-084, to amend By-Law 4247 Schedule A (Committee Appointments) 19.5 By-Law 2021-085, to amend By-Law 3810 (Clean Yards) 17 19.6 By-Law 2021-086, to amend By-Law 3701 (Traffic By-Law) 19.7 By-Law 2021-087, to appoint a Buidling Inspector, Property Standards Officer and Municipal Law Enforcement Officer for the Town of Tillsonburg 19.8 By-Law 2021-088, to appoint Building Inspectors for the Town of Tillsonburg 19.9 By-Law 2021-089, to Assume Municipal Services in Glendale West Subdivision, Registered Plan 41M-329 Resolution # 2021-371 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT By-Law 2021-081, to amend By-Law 3295 (ZN 7-21-04); and By-Law 2021-082, to amend By-Law 3295 (ZN 7-21-05); and By-Law 2021-083, to amend By-Law 3295 (ZN 7-21-06); and By-Law 2021-084, to amend By-Law 4247 Schedule A (Committee Appointments); and By-Law 2021-085, to amend By-Law 3810 (Clean Yards); and By-Law 2021-086, to amend By-Law 3701 (Traffic By-Law); and By-Law 2021-087, to appoint a Buidling Inspector, Property Standards Officer and Municipal Law Enforcement Officer for the Town of Tillsonburg; and By-Law 2021-088, to appoint Building Inspectors for the Town of Tillsonburg; and By-Law 2021-089, to Assume Municipal Services in Glendale West Subdivision, Registered Plan 41M-329, 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 noted that the By-Law for application ZN 7-21-08 once prepared will be brought forward for approval, following which the 20 day appeal period comes into effect. 20. Confirm Proceedings By-law 18 Resolution # 2021-372 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2021-080, to Confirm the Proceedings of the Council meeting held on August 9, 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 It was noted that individuals seeking relief from the heat should visit buildings open to the public. The Town is currently accepting nominations for the 2021 Citizen of the Year Award; the nomination deadline is August 16, 2021 at 12:00 p.m. 22. Adjournment Resolution # 2021-373 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council meeting of August 9, 2021 be adjourned at 10:27 p.m. Carried