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231113 Regular Council Minutes 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, November 13, 2023 4:45 PM LPRCA 4 Elm St Tillsonburg ATTENDANCE: Mayor Gilvesy (Chair) Deputy Mayor Beres Councillor Luciani Councillor Parker Councillor Parsons Councillor Rosehart Councillor Spencer Staff: Kyle Pratt, Chief Administrative Officer Tanya Daniels, Director of Corporate Services/Clerk Renato Pullia, Director of Innovation and Strategic Initiatives and Interim Director of Finance/Treasurer Cephas Panschow, Development Commissioner Johnathon Graham, Director of Operations & Development Julie Columbus, Acting Director of Recreations, Culture & Parks Julie Ellis, Deputy Clerk _____________________________________________________________________ 1. Call to Order Mayor Gilvesy called the meeting to order at 4:45 pm 2. Closed Session (4:45) Resolution # 2023-483 2 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT Council move into Closed Session to consider the following: 2.5.1 OLT Appeal - Instructions 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 2.5.2 Downtown Tillsonburg Business Improvement Area Letter 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees; 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 2.5.3 FIN 23-27 BIA Loan Terms 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 2.5.4 Mayor - CAO Performance Review - Process Outline 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees; 239 (2) (d) labour relations or employee negotiations. Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Minutes 2.4 Adoption of Closed Session Committee Minutes 2.5 Reports 3 2.5.1 OLT Appeal - Instructions 2.5.2 Downtown Tillsonburg Business Improvement Area Letter 2.5.3 FIN 23-27 BIA Loan Terms 2.5.4 Mayor - CAO Performance Review - Process Outline 2.6 Back to Open Session 3. Moment of Silence 4. Adoption of Agenda (6:00 p.m.) Resolution # 2023-491 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the agenda for the Council meeting of November 13, 2023, be approved. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof None. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2023-492 Moved By: Councillor Parsons Seconded By: Councillor Parker THAT the Council meeting minutes dated October 23, 2023, be approved. Carried 7. Presentations 8. Public Meetings Resolution # 2023-493 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:01 p.m. 4 Carried 8.1 A06-23 Application for Minor Variance - 233 Rokeby Sideroad Mayor Gilvesy provided an introduction to the process. Oxford County Planner Eric Gilbert attended before Council to provide an overview of A06-23 for 233 Rokeby Sideroad. The applicant appeared before Council to answer questions and none were tabled. No further individuals attended either in support or opposition of the matter. Resolution # 2023-494 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT the Oxford County Land Division Committee approve Application File A06-23t submitted by Danielle Pasztor, for lands described as PT LOTS 8, 9, MID CON 4 NTR in the Town of Tillsonburg, as it relates to: 1. Relief from Relief from Section 18.0, Future Development Zone (FD), 18.1 Uses Permitted – Table 18.1: Uses Permitted, to permit the construction of one new accessory structure with a maximum gross floor area not to exceed 145 m2 and in a location as generally illustrated on Plate 5 of Report CP 2023-350, to the satisfaction of the Town of Tillsonburg. Subject to the following condition: i. A building permit for the proposed accessory structure shall be issued within one (1) of the date of the Committee's decision. As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and, (iv) in-keeping with the general intent and purpose of the Official Plan. 5 Carried Resolution # 2023-495 Moved By: Councillor Rosehart Seconded By: Councillor Luciani THAT Council move out of Committee of Adjustment and move back into regular council session at 6:07 p.m. Carried 8.2 Applications for Official Plan Amendment and Zone Change OP23- 07-7 and ZN 7-23-04 - Thames Valley District School Board, 102 Dereham Drive Mayor Gilvesy provided introduction to the process. Oxford County Planner Eric Gilbert attended before Council to provide an overview of Item 8.2. Eric Gilbert answered various questions from members of Council. Rebecca Smith of Oxford County, Applicant - Support Rebecca Smith attended before Council to speak in support of their application. Rebecca Smith provided an explanation of the application and the housing plan for the property regarding housing strategy as well as answered various questions from Council. Andrea Sinclair, MHBC Planning - Support Andrea Sinclair attended before Council to speak in support of the application. Andrea Sinclair provided an overview of their comments and expressed a desire for the application to be approved on behalf of Victor Woods, being a neighbour to the subject property. Baldwin Place Residents Association - Mike Wild, President and David Cline, Vice-President - Opposition David Cline attended before Council to speak in strong opposition of the application. David Cline provided an overview of comments on behalf of Baldwin Place Residents Association expressing concerns of traffic impacts, student safety around the neighbouring school, population density, parking concerns and concerns on connection to the County of Oxford Official Plan. 6 Maureen Flynn - Opposition Maureen Flynn attended before Council to speak in opposition of the application. Maureen Flynn expressed concern regarding children being able to access School facilities and the capacity of local schools. Duska Carevic - Opposition Duska Carevic attended before Council to speak in opposition of the application. Duska Carevic expressed concern regarding traffic concerns, invasion of privacy, and parking issues surrounding the local school. BCL asked for an explanation of the notification. Eric Gilbert provided a comment on the circulation protocols required within The Planning Act. Mayor Gilvesy further asked Jonathon Graham, Director of Operations and Development, to provide comment on traffic plans. Dave Chesterman - Opposition Dave Chesterman attended before Council to speak in opposition of the application. Dave Chesterman expressed concerns regarding density of application, parking concerns, and traffic concerns. Council asked various questions to the County Planner. The following resolution was presented: Moved By: Councillor Parker Seconded By: Councillor Spencer A. THAT the Town of Tillsonburg advise County Council that the Town supports the application to amend the Official Plan (File No. OP 23-07-7) as submitted by the County of Oxford for lands legally described as Part Lot 8, Concession 12 (Dereham), municipally known as 102 Dereham Drive in the Town of Tillsonburg, to re-designate the lands from Low Density Residential to Medium Density Residential; and B. THAT the Council of the Town of Tillsonburg approve in-principle the zone change application (ZN 7-23-04), submitted by the County of Oxford, whereby the lands legally described as Part Lot 8, Concession 12 (Dereham), municipally known as 102 Dereham Drive in the Town of Tillsonburg are to be rezoned from ‘Minor Institutional Zone (IN1)’ to ‘Special Medium Density Residential Zone (RM-sp)’. The following amended resolution was presented: 7 Resolution # 2023-496 Moved By: Councillor Parker Seconded By: Councillor Spencer THAT Item 8.2 be deferred to County staff to request consideration of an open house and further consultation with a return to Council in the January cycle. Carried 9. Planning Reports 9.1 SB20-06-07 - Request for Extension of Draft Plan Approved Plan of Subdivision Oxford County Planner Eric Gilbert provided an overview of item 9.1 and answered various questions from members of Council. Resolution # 2023-497 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the Council of the Town of Tillsonburg advise Oxford County that the Town supports a two-year extension of draft approval for a plan of subdivision submitted by Southside Construction Management Limited., for lands described as Pt Lt 8, Con 11 (Dereham), Pt1, 41R7957, Town of Tillsonburg, to February 10, 2026, to grant additional time to satisfy the conditions of draft plan approval and register the remaining phase(s) of the draft plan of subdivision. Carried 9.2 CP 2023-363 Oxford County Report Re: Conservation Authority Service Agreements Resolution # 2023-498 Moved By: Councillor Parsons Seconded By: Deputy Mayor Beres A. THAT Council of the Town of Tillsonburg receive Report CP 2023-363; and 8 B. THAT Town Council advise the County that the Town supports entering into MOU/agreements with the Upper Thames River Conservation Authority and the Grand River Conservation Authority for Programs and Services as outlined in Report CP 2023-363. Carried 10. Delegations 11. Deputation(s) on Committee Reports 11.1 CAO 23-23 Recommendation from EDAC - Video Series Resolution # 2023-499 Moved By: Councillor Spencer Seconded By: Councillor Luciani A. THAT report titled Recommendation from Economic Development Committee – Video Series be received as information; and B. THAT Council approve the recommendation of the Economic Development Committee: THAT the Economic Development Committee recommends the creation of a public-facing video series outlining the process for building permit applications; AND THAT the Economic Development Committee recommends developing a workshop video series outlining the processes involved with items such as: additional residential unit applications, infilling and severances. Carried 12. Information Items Resolution # 2023-500 Moved By: Deputy Mayor Beres Seconded By: Councillor Spencer THAT the following items be received as information: 9 12.1 Correspondence from The Honourable Peter Bethlenfalvy, Minister of Finance Re: 2024 Ontario Municipal Partnership Fund (OMPF) 12.2 LPRCA Board of Directors Meeting Minutes of October 4, 2023 Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 23-27 Membership- Affordable and Attainable Housing Committee Resolution # 2023-501 Moved By: Councillor Luciani Seconded By: Councillor Parsons A. THAT report titled CAO 23-27 Membership- Affordable and Attainable Housing Committee be received as information; and B. THAT the amended Terms of Reference for the Affordable and Attainable Housing Committee, be approved; and C. THAT the Clerk be instructed to fill the vacancy; and D. THAT a By-Law to amend Section 1 of By-Law 2023-009, be brought forward for Council consideration. Carried 13.1.2 CAO 23-26 31 Earle Street Project Update Resolution # 2023-502 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT report titled CAO 23-26, 31 Earle Street Project Update be received as information. Carried 13.1.3 CAO 23-25 Sole Sourcing VG+ Architects - Town Hall Project Resolution # 2023-503 10 Moved By: Councillor Parker Seconded By: Councillor Parsons A. THAT report titled “CAO 23-25 Sole Sourcing– Town Hall Project” be received as information; B. THAT staff be authorized to sole source professional architectural services from The Ventin Group Ltd (+VG Architects) in accordance with Section 6 (b) of the Purchasing Policy for the preparation of design and tender documents for a new Town Hall, for $770,220 + taxes, with the understanding that the $330,220 portion would only be undertaken should construction proceed; C. That a By-Law be presented for Council’s consideration authorizing the Mayor and Clerk to execute documents necessary to effect an agreement with The Ventin Group Ltd. Carried 13.1.4 CMHC Housing Accelerator Fund Application Update 2 Renato Pullia, Director of Innovation and Strategic Initiatives and Interim Director of Finance/Treasurer, provided an overview of report 13.1.4. Jonathon Graham, Director of Operations and Development, provided an overview of the initiatives within the submission. Resolution # 2023-504 Moved By: Councillor Spencer Seconded By: Councillor Parker A. THAT report titled “CMHC Housing Accelerator Fund Application Update 2” be received as information; and B. THAT should the Town be successful in its application, Council affirm its commitment to achieving the Canada Mortgage and Housing Corporation (CMHC) Housing Accelerator Fund (HAF) application initiatives; and C. THAT staff be directed to implement all non-financial components of the seven CMHC HAF initiatives within the 2024-2026 Business Plans; and 11 D. THAT the housing and population growth forecasts be presented to the Town’s Economic Development Advisory Committee and the Affordable and Attainable Housing Advisory Committee; and E. THAT the Clerk be directed to provide a copy of this report to Ontario’s Minister of Municipal Affairs and Housing, affirming Tillsonburg’s commitment to accelerating its housing supply through the implementation of the outlined housing initiatives, and to seek assistance through the Building Faster Fund and other available financial supports. Carried 13.2 Corporate Services 13.3 Economic Development 13.3.1 EDM 23-19 Request for Reduction in Lot Coverage Requirements - Lot 3, VIP Resolution # 2023-505 Moved By: Councillor Parsons Seconded By: Councillor Spencer A. THAT report titled EDM 23 – 19 Request for Reduction in Lot Coverage Requirements – Lot 3, VIP be received; and B. THAT 1677123 Ontario Inc be granted a reduction in the Lot Coverage requirements regarding their purchase of Lot 3 in the Van Norman Innovation Park; C. THAT the Lot Coverage requirement be reduced to 9.7 percent; and D. THAT a 30 day timeline to closing from the passing of this resolution. Carried 13.4 Finance 13.4.1 FIN 23-25 - Amendment to 2023 Final Tax Rate Schedule Resolution # 2023-506 12 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT report titled FIN-23-25 be received as information; and THAT a by-law to amend By-Law 2023-52 to include the R1 tax rate for 2023 be presented to Council for consideration. Carried 13.4.2 FIN 23-26 - 2024 Interim Property Tax Levy Resolution # 2023-507 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres THAT report titled FIN 23-26 be received as information; and THAT a By-Law to levy the 2024 interim property tax levy be presented to Council for consideration. Carried 13.4.3 FIN 23-28 BIA Financial Matters Resolution # 2023-508 Moved By: Councillor Rosehart Seconded By: Councillor Parsons THAT report titled “BIA Financial Matters” be received as information. Carried 13.5 Fire and Emergency Services 13.6 Operations and Development 13.6.1 OPD 23-40 RFQ 2023-003 Municipal Parking Lot Winter Maintenance Resolution # 2023-509 Moved By: Councillor Parsons Seconded By: Deputy Mayor Beres 13 A. THAT report titled Municipal Parking Lot Winter Maintenance be received as information; and, B. THAT a By-law be presented to Council to authorize the Mayor and Clerk to sign the contract to perform Municipal Parking Lot Winter Maintenance to Jamie Horvath Holdings Inc. for a five-year period beginning November 15th, 2023 and ending April 15th, 2028. Carried 13.6.2 TGO Inter-Community Transit Resolution # 2023-510 Moved By: Councillor Luciani Seconded By: Councillor Rosehart A. THAT report titled ODP 23-42 TGO Inter-Community Transit Services Review and Update be received as information; and B. THAT staff be directed to begin discussions with Oxford County for the potential funding and/or management of the Inter-Community portion of T:GO services effective April 1st 2025 and beyond; and C. THAT, should the Town be unsuccessful in obtaining the Provincial “top-up” grant, staff be directed to reduce the T:GO Inter-Community service hours to continue to operate the service without municipal investment. Carried 13.7 Recreation, Culture and Parks 13.7.1 RCP 23039 Tillsonburg Community Garden - 2023 Agreement Resolution # 2023-511 Moved By: Councillor Parker Seconded By: Councillor Spencer A. THAT Report RCP 23-39 Tillsonburg Community Garden - 2023 Agreement be received as information; and 14 B. THAT Council approve the proposed agreement as outlined within this report; and C. THAT a By-Law to authorize the Mayor and Clerk to execute the Agreement be presented to Council for consideration. Carried 14. New Business 15. Consideration of Minutes 15.1 Advisory Committee Minutes Resolution # 2023-512 Moved By: Councillor Parsons Seconded By: Councillor Luciani THAT the following Advisory Committee minutes be received as information:  Community Health Care Advisory Committee Minutes of October 10, 2023  Affordable and Attainable Housing Committee Minutes of October 25, 2023 Carried 16. Motions/Notice of Motions 16.1 Councillor Spencer - Economic Development Advisory Committee Appointment Resolution # 2023-513 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres WHEREAS Council received a request from the Business Improvement Area Board Of Management on October 23rd meeting of Town of Tillsonburg Council recommending Mark Renaud be appointed as the representative of the Downtown Tillsonburg Business Improvement Area (DTBIA) on the Economic Development Advisory Committee; 15 BE IT THEREFORE RESOLVED A. THAT Mark Renaud, Executive Director of the Downtown Tillsonburg Business Improvement Area be appointed to the Economic Development Advisory Committee as the DTBIA representative; and B. THAT a By-Law to amend By-Law 2023-009, A By-Law to appoint members to Town of Tillsonburg Council advisory committees, be presented to Council for consideration. Carried 16.2 Deputy Mayor Beres - Council Member Training Resolution # 2023-514 Moved By: Deputy Mayor Beres Seconded By: Councillor Spencer WHEREAS the current term of Council has been active for one year; and WHEREAS it is imperative that elected officials be cognizant of their governing documents; and WHEREAS education and training is key to understanding roles and responsibilities of elected officials, BE IT THEREFORE RESOLVED A. THAT Staff be directed to arrange via an external expert the following training to members of Town of Tillsonburg Council: i. Code of Conduct Training ii. Closed Meeting Protocol Training iii. Privacy Training; and B. THAT the funding for the training be provided from the Council operating budget. Carried 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 16 Resolution # 2023-515 Moved By: Deputy Mayor Beres Seconded By: Councillor Spencer THAT by-law 2023-089 be amended to include the appointment of Mark Renaud as the BIA member to the Economic Development Advisory Committee. Carried Resolution # 2023-516 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT the following By-Laws be read for a first, second and third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 18.1 By-Law 2023-087 A By-Law to amend By-Law 2023-052 adopting Budgetary Estimates, Tax Rates, Installment Due Dates, and to Further Provide for Penalty and Interest on Default of Payment Thereof for 2023 18.2 By-Law 2023-0-88 A By-Law to Provide for an Interim Tax Levy for the year 2024 18.3 By-Law 2023-089 A By-Law to amend By-Law 2023-009 being a By- Law to appoint members to Town of Tillsonburg Advisory Committees 18.4 By-Law 2023-090 A By-Law to Amend By-Law 2022-029 being a By- Law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg 18.5 By-Law 2023-091 Animal Licensing A By-Law to amend By-Law 2021- 013 Being a By-Law to provide for the licensing, regulation and control of animals within the Town of Tillsonburg, as amended 18.6 By-Law 2023-092 User Fees By-Law A By-Law to Amend By-Law 2022-087 Being a By-Law to provide a schedule of fees for Certain Municipal Applications, Services and Permits 17 18.7 By-Law 2023-095 Community Garden Agreement A By-Law to authorize an Agreement for the Tillsonburg Community Garden with the Multi-Service Centre Carried 19. Confirm Proceedings By-law Resolution # 2023-517 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT By-Law 2023-096 A By-Law to Confirm the Proceedings of the Council Meeting held on November 13th, 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 21. Adjournment Resolution # 2023-518 Moved By: Councillor Rosehart Seconded By: Councillor Parsons THAT the Council meeting of November 13, 2023 be adjourned at 8:37 p.m. Carried