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230327 Regular Council Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, March 27, 2023 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Gilvesy (Chair) Councillor Luciani Councillor Parker Councillor Rosehart Councillor Spencer Councillor Parsons Regrets: Deputy Mayor Beres Staff: Kyle Pratt, Chief Administrative Officer Tanya Daniels, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Julie Columbus, Director of Recreations, Culture & Parks Johnathon Graham, Director of Operations & Development Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Moment of Silence 4. Adoption of Agenda 2 Resolution # 2023-120 Moved By: Councillor Parsons Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of March 27, 2023, be approved. Carried 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 # 2023-121 Moved By: Councillor Rosehart Seconded By: Councillor Spencer THAT the Council meeting minutes dated March 13, 2023, be approved. Carried 7. Presentations 8. Public Meetings 8.1 Applications for Official Plan Amendment, Draft Plan of Subdivision & Zone Change OP 22-11-7, SB 22-01-7 & ZN 7-22-05 – Victoria Wood (Tillsonburg-West) GP Inc. Eric Gilbert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change application. Opportunity was provided for comments and questions from Council. Staff noted that THI is involved in the detailed design stage. Andrea Sinclair of MHBC, agent, appeared before Council in support of the application. Ms. Sinclair noted that the development would be built in multiple registrations commencing at the north and heading south, the development would take between 10-15 years. 3 No members of the public appeared before Council in support of the application. Opportunity was provided for those wishing to speak in opposition to the application. Mike Wild, President, Baldwin Place Residents Association, appeared before Council to present on behalf of the Association concerns regarding the proposed development on lands west of Baldwin Place related to traffic and construction impacts. Michael Zauros, 29 Hogarth Drive, appeared before Council. Maureen Flynn, 100 Weston Drive, appeared before Council. Uwe Kretschmann, 38 Esseltine Drive, appeared before Council. Nancy Kretschmann, 38 Esseltine Drive, appeared before Council. Kim Yull, 45 Fairs Crescent, appeared before Council. Stephen Dilella, 147 and 151 Concession St W, appeared before Council. Hannibal Muhtar, 23 Jones Crescent, appeared before Council. No other members of the public appeared before Council. Resolution # 2023-122 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT; Council approve in principle the zone change application (File No. ZN 7-22-05) submitted by Victoria Wood (Tillsonburg West GP) Inc, for lands legally described as Part of Lots 8 & 9, Concession 11 (Dereham) and Part of Lot 8, Concession 12 (Dereham), in the Town of Tillsonburg, to rezone the lands ‘R2-sp’, ‘R3-sp’, ‘RM-sp’, ‘RH-sp’, OS1 & OS2, with appropriate Holding Zones, to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the Official Plan (File No. OP 22-11-7), submitted by Victoria Wood (Tillsonburg West GP) Inc, for lands legally described as Part of Lots 8 & 9, Concession 11 (Dereham) and Part of Lot 8, Concession 12 (Dereham), in the Town of Tillsonburg, to amend the location and extent of the High, Medium, and Low Density Residential Areas on the subject lands to facilitate a draft plan of subdivision; 4 AND THAT after consideration and due diligence by Council to citizen safety, traffic volumes and EMS access the Council of the Town of Tillsonburg recommends approval of draft plan of subdivision, File No. SB 22-01-7, submitted by Victoria Wood (Tillsonburg West GP) Inc, for lands legally described as Part of Lots 8 & 9, Concession 11 (Dereham) and Part of Lot 8, Concession 12 (Dereham), in the Town of Tillsonburg, consisting of 32 blocks for low density residential development, 2 blocks for medium density residential development, one block for high density residential development, one park block, one open space block, served by 10 new local streets, subject to the conditions of draft approval as stated in staff report CP 2023-80 dated March 27, 2023 plus the addition of the following conditions are met and satisfied by Council; THAT construction vehicles to enter into the proposed development from Concession St on to Street “A”, with the intention to minimize disruption to current neighbourhoods and residents and that all in the vicinity be kept clean of construction material, garbage, debris, dirt, mud and gravel during construction for the safety of all citizens; AND Due to the proximity of the Crosswalk located in front of Westfield School, Council directs that Esseltine Drive NOT be extended as a thru road due to safety and congestion in the area; AND THAT Council recommends to straighten Street F to allow easier access for EMS and that traffic calming measures be put in place to slow traffic on Street F; AND THAT Council supports Dereham Drive and Grandview Drive be developed as through roads to access the proposed Development; AND THAT Council recommends that as many large and existing trees as possible around the perimeter of the property be maintained and safe and free from demolition or root damage and that for every tree removed it be replaced on top of the 1 tree per lot requirement; AND THAT Council directs that the access through point at Street “I” to Weston Drive be eliminated; AND THAT the request “that the number of dwelling units per multiple unit dwellings not apply to any stacked townhouses or back to back townhouse” on block 33 and 34 special medium density residential be denied. 5 Carried 8.2 Applications for Official Plan Amendment, Draft Plan of Subdivision & Zone Change OP 22-27-7, SB 22-03-7 & ZN 7-22-10 – Performance Communities Realty Inc. Eric Gibert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change application. Opportunity was provided for comments and questions from Council. Will Hayhoe, applicant/developer, appeared before Council in support of the application Andrea Sinclair of MHBC, agent, appeared before Council in support of the application. No members of the public appeared before Council either in support or opposition to the application. Resolution # 2023-123 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council approve in principle the zone change application (File No. ZN 7-22-10) submitted by Performance Communities Realty Inc, for lands legally described as Part of Lots 6, Concession 10 (Dereham) and Blocks 18-21, Plan 41M-148, in the Town of Tillsonburg, to rezone the lands ‘R1’, ‘R1A-sp’, ‘R2-sp’, ‘R3-sp’, ‘RM-sp’, OS1 & OS2, with appropriate Holding Zones, to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 22-27-7), submitted by Performance Communities Realty Inc, for lands legally described as Part of Lots 6, Concession 10 (Dereham) and Blocks 18-21, Plan 41M-148, in the Town of Tillsonburg, to re-designate a portion of the subject lands from Low Density Residential to Medium Density Residential to facilitate a future medium density residential block within a proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 22-03-7, submitted by Performance Communities Realty Inc, for lands legally described as Part 6 of Lots 6, Concession 10 (Dereham) and Blocks 18-21, Plan 41M-148, in the Town of Tillsonburg, consisting of 80 lots for single detached dwellings, 16 lots for townhouse dwellings, one block for medium density residential development, 6 open space blocks, one stormwater block, served by 3 new local streets and the extension of Woodcock Drive, subject to the conditions of draft approval as stated in staff report CP 2023-81 dated March 27, 2023 and subject to the following conditions set out by Council are met: AND THAT staff investigate the creation of an access road for construction vehicles to limit the impact on existing completed neighborhoods. Carried 8.3 Applications for Official Plan Amendment, Draft Plan of Subdivision & Zone Change OP 22-19-7, SB 22-07-7 & ZN 7-22-15 – Lindprop Corp. Eric Gibert, Senior Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval in principal of the zone change application. Opportunity was provided for comments and questions from Council. Peter Penner, agent, appeared before Council in support of the application No members of the public appeared before Council either in support or opposition to the application. Resolution # 2023-124 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT Council approve in principle the zone change application (File No. ZN 7-22-15) submitted by Lindprop Corporation Inc, for lands legally described as Part of Lots 4 & 5, Concession 10 (Dereham) in the Town of Tillsonburg, specifically the lands south of the watercourse crossing on Block 16, to rezone the lands ‘R3-sp’, ‘RM-sp’, & ‘OS2’, with appropriate Holding Zones, to facilitate the proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application to amend the County Official Plan (File No. OP 22-19-7), submitted by Lindprop Corporation Inc., for lands legally described as Part 7 of Lots 4 & 5, Concession 10 (Dereham) in the Town of Tillsonburg, specifically the lands south of the watercourse crossing on Block 16, to re- designate a portion of the subject lands from Open Space and Low Density Residential to Medium Density Residential to facilitate a future medium density residential block within a proposed draft plan of subdivision; AND THAT Council advise County Council that the Town supports the application for draft plan of subdivision, File No. SB 22-07-7, submitted by Lindprop Corporation Inc, for lands legally described as Part of Lots 4 & 5, Concession 10 (Dereham), in the Town of Tillsonburg, consisting of 15 blocks for low density residential development (consisting of single detached dwellings, semi-detached dwellings or townhouse dwellings), 1 block for future medium density residential development, 4 open space blocks, served by 5 new local streets and the extension of Martin Street, Braun Avenue, and Mallard Avenue, subject to the conditions of draft approval as stated in staff report CP 2023-82 dated March 27, 2023. Carried 9. Planning Reports 10. Delegations 10.1 Lauren Johnson Re: Diversity in Tillsonburg Delegation to present at the Council meeting to be held on Tuesday, April 11, 2023. 10.2 Tillsonburg Kinsmen Re: 2023 Kinsmen Easter Egg Hunt Cedric Tomico, Tillsonburg Kinsmen member, appeared before Council to request free use of the Memorial Park for the 2023 Tillsonburg Kinsmen Easter Egg Hunt. Resolution # 2023-125 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT Council receives the delegation from the Tillsonburg Kinsmen as information; 8 AND THAT the use of the Memorial Park be donated free of charge to Tillsonburg Kinsmen, for the use of the planned Easter Egg Hunt, for the year 2023. Carried 11. Deputation(s) on Committee Reports 12. Information Items 12.1 Kloepfer Letter to Council March 10 2023 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council receives the letter to council from Mike and Sandy Kloepfer dated March 10, 2023 as information. AND THAT council supports the decommissioning and sale of the CN Rail Cayuga Line in Norfolk County from Fernlea Rd. to Talbot Road. AND THAT this resolution be forwarded to Norfolk County and SCOR. Resolution # 2023-126 Moved By: Councillor Luciani Seconded By: Councillor Parsons THAT Council refer the following motion to the Economic Development Advisory Committee for recommendation to Council: THAT Council receives the letter to council from Mike and Sandy Kloepfer dated March 10, 2023 as information. AND THAT council supports the decommissioning and sale of the CN Rail Cayuga Line in Norfolk County from Fernlea Rd. to Talbot Road. AND THAT this resolution be forwarded to Norfolk County and SCOR. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Corporate Services 13.3 Economic Development 9 13.4 Finance 13.4.1 FIN 23-06 2022 Council Remuneration and Expenses Renato Pullia, Interim Director of Finance/Treasurer, appeared before Council to provide an overview of the report. Resolution # 2023-127 Moved By: Councillor Parsons Seconded By: Councillor Parker THAT Council receives report FIN 23-06, 2022 Council Remuneration & Expenses Report as information. Carried 13.5 Fire and Emergency Services 13.5.1 FRS 23-02 TPON Agreement Execution Fire Chief Caskanette appeared before Council to provide an overview of the report. Resolution # 2023-128 Moved By: Councillor Spencer Seconded By: Councillor Rosehart THAT report FRS 23-02 titled TPON Agreement Execution be received; and THAT a by-law to authorize the Mayor and Clerk to execute the Transfer Payment Agreement for the Town of Tillsonburg Fire and Rescue Services Fire Communications PSAP NG9-1-1 Agreement be presented to Council for consideration; and THAT the Fire Chief be authorized to purchase NG9-1-1 related goods, services and enter into NG-911 agreements required to maximize eligible recapture of NG9-1-1 costs, including sole sourcing where necessary to ensure timely acquisition, and standardization with existing hardware, software and se rvices; and THAT the Fire Chief be authorized to complete Schedule “E” Financial Report Next Generation Funding of the Transfer Payment Agreement on behalf of the Corporation in order to maximize the recovery of all eligible NG9-1-1 related costs. 10 Carried 13.6 Operations and Development 13.6.1 OPD 23-14 Lot Maintenance By-Law Resolution # 2023-129 Moved By: Councillor Luciani Seconded By: Councillor Spencer THAT a by-law to provide for the cleaning and clearing of land; clearing of refuse, dead and decayed trees, graffiti; storage of commercial motor vehicles and recreational vehicles, and yard sales be brought forward for Council’s consideration. Carried 13.7 Recreation, Culture and Parks 13.7.1 RCP 23-16 Land Acknowledgement Resolution # 2023-130 Moved By: Councillor Parker Seconded By: Councillor Spencer THAT Report RCP 23-16 Land Acknowledgement Update be received as information. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Advisory Committee Minutes Resolution # 2023-131 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council defer the following motion until the minutes have been reviewed by the committees: 11 THAT Council receives the Parks, Beautification and Cemetery Advisory Committee minutes dated February 28, 2023, and the Recreation and Sports Advisory Committee minutes date March 2, 2023, as information. Carried 15.2 Tillsonburg Police Services Board Minutes Resolution # 2023-132 Moved By: Councillor Rosehart Seconded By: Councillor Spencer THAT Council receives the Police Services Board minutes dated January 18, 2023 as information. Carried 16. Motions/Notice of Motions The following motion will be included on the April 11, 2023 regular Council meeting agenda. Moved By: Councillor Parker THAT an option for a roundabout, traffic light or other measures at Dereham Dr. and Quarter Town Line be investigated to ensure the utmost safety will be achieved in the vicinity of Westfield School and that this forms part of the Tillsonburg Transportation Master Plan. AND THAT the concerns highlighted in the paradigm traffic study from the Performance Realty Corporation be included in the RFP for the Master Transportation Plan. 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 2023-033, to amend By-Law 2020-091 being a by-law to adopt and maintain a policy with respect to the delegation of the Corporation of the Town of Tillsonburg’s powers and duties 18.2 By-Law 2023-034, to amend By-Law 4019, being a by-law to regulate and control the granting of encroachments on highways and public land within the Town of Tillsonburg 12 18.3 By-Law 2023-035, to authorize a Transfer Payment Agreement (Fire and Rescue Services Fire Communications PSAP) 18.4 By-Law 2023-036, to provide for the cleaning and clearing of land; clearing of refuse, dead and decayed trees, graffiti; storage of commercial motor vehicles and recreational vehicles, and yard sales Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT By-Law 2023-033, to amend By-Law 2020-091 being a by-law to adopt and maintain a policy with respect to the delegation of the Corporation of the Town of Tillsonburg’s powers and duties; and By-Law 2023-034, to amend By-Law 4019, being a by-law to regulate and control the granting of encroachments on highways and public land within the Town of Tillsonburg; and By-Law 2023-035, to authorize a Transfer Payment Agreement (Fire and Rescue Services Fire Communications PSAP); and By-Law 2023-036, to provide for the cleaning and clearing of land; clearing of refuse, dead and decayed trees, graffiti; storage of commercial motor vehicles and recreational vehicles, and yard sales, 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. Resolution # 2023-133 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT By-Law 2023-034, to amend By-Law 4019, being a by-law to regulate and control the granting of encroachments on highways and public land within the Town of Tillsonburg, be dealt with separately. Carried Resolution # 2023-134 Moved By: Councillor Luciani Seconded By: Councillor Rosehart 13 THAT By-Law 2023-033, to amend By-Law 2020-091 being a by-law to adopt and maintain a policy with respect to the delegation of the Corporation of the Town of Tillsonburg’s powers and duties; and By-Law 2023-035, to authorize a Transfer Payment Agreement (Fire and Rescue Services Fire Communications PSAP); and By-Law 2023-036, to provide for the cleaning and clearing of land; clearing of refuse, dead and decayed trees, graffiti; storage of commercial motor vehicles and recreational vehicles, and yard sales, 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 Resolution # 2023-135 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT By-Law 2023-034, to amend By-Law 4019, being a by-law to regulate and control the granting of encroachments on highways and public land within the Town of Tillsonburg, be amended to strike the following words from section 1 bullet point 2: “that are stamped and sealed by a Professional Engineer” Carried Resolution # 2023-136 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT By-Law 2023-034, to amend By-Law 4019, being a by-law to regulate and control the granting of encroachments on highways and public land within the Town of Tillsonburg, as amended, 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 14 19. Confirm Proceedings By-law Resolution # 2023-137 Moved By: Councillor Rosehart Seconded By: Councillor Parker THAT By-Law 2023-032, to Confirm the Proceedings of the Council Meeting held on March 27, 2023, 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. Items of Public Interest The pool at the Tillsonburg Community Centre will be closed as of April 8, 2023. J.L. Scott McLean Outdoor Recreation Pad and Rink is officially closed for the season. 21. Adjournment Resolution # 2023-138 Moved By: Councillor Parsons Seconded By: Councillor Spencer THAT the Council meeting of March 27, 2023 be adjourned at 9:59 p.m. Carried