The Corporation of the Town of Tillsonburg

Council Meeting

MINUTES

Monday, September 09, 2024

6:00 P.m. - 9:00 P.m.

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, Interim Director of Finance/Treasurer
• Johnathon Graham, Director of Operations & Development
• Cephas Panschow, Development Commissioner
• Laura Pickersgill, Executive Assistant
• Andrea Greenway, Interim Director of Recreation, Culture and Parks

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1.

Call to Order

The meeting was called to order at 6:01 p.m.

2.

Moment of Silence

3.

Adoption of Agenda

• Resolution # 2024-389
  Moved By: Councillor Parker
  Seconded By: Councillor Luciani

  THAT the agenda as prepared for the Council Meeting of September 9, 2024, be approved with the following amendments:

  • Agenda Item 13.4.4 2023 Financial Statements Approval - FIN 24-044 will be moved to be heard directly following Agenda Item 6.1 - Whitney Deane, CPA, CA, LPA, Engagement Partner, Millard Rouse & Rosebrugh LLP - Presentation of Audited Financial Statements
  • Agenda Item 10.1 DTBIA - Decision Letter - 2023 Approved Financial Statements will be moved to be heard directly following Agenda Item 6.2 - Downtown Tillsonburg Business Improvement Association (BIA) 2023 Audited Financial Statements
  Carried

4.

 Disclosures of Pecuniary Interest and the General Nature Thereof

None

5.

Adoption of Council Minutes of Previous Meeting

• Resolution # 2024-390
  Moved By: Councillor Luciani
  Seconded By: Councillor Spencer

  THAT the Council meeting minutes dated August 12, 2024 be approved. 

  Carried

6.

Presentations

6.1

Whitney Deane, CPA, CA, LPA, Engagement Partner, Millard, Rouse & Rosebrugh LLP - Presentation of Audited Financial Statements

Whitney Deane, CPA, CA, LPA, Engagement Partner, Millard, Rouse & Rosebrugh LLP attended before Council to present the audited financial statements and to provide an overview of the audit results. 

• Resolution # 2024-391
  Moved By: Councillor Spencer
  Seconded By: Councillor Rosehart

  THAT the presentation from Whitney Deane, CPA, CA, LPA, Engagement Partner, Millard, Rouse and Rosebrugh LLP a presentation of the audited financial statements be received, as information.

  Carried

6.2

Downtown Tillsonburg Business Improvement Association (BIA) 2023 Audited Financial Statements

Mark Renaud, Executive Director BIA, attended before Council to provide a presentation on the BIA year in review including comments on the 2023 audited financial statements. The Executive Director answered questions from members of Council. 

• Resolution # 2024-393
  Moved By: Councillor Rosehart
  Seconded By: Deputy Mayor Beres

  THAT the presentation of the Downtown Tillsonburg Business Improvement Association (BIA) 2023 Audited Financial Statements be received, as information.

  Carried

7.

Public Meetings

7.1

CP-2024-282 Application for Consent B24-47-7 (55 Parkwood Drive)

Eric Gilbert, Oxford County Planner, attended before Council for Item 7.1. 

There were no speakers in favour or opposition. 

• Resolution # 2024-395
  Moved By: Deputy Mayor Beres
  Seconded By: Councillor Parker

  THAT Council advise the Oxford County Land Division Committee that the Town supports the Application for Consent B24-47-7 submitted by Cameron and Cynthia McKnight for lands described as Lots 31 and 32, Plan 507 in the Town of Tillsonburg, subject to the following conditions:

  1. The Owners shall agree to satisfy all requirements, financial and otherwise, of the County regarding the installation of water and sanitary sewer services, to the satisfaction of the County including payment of all outstanding fees regarding the same. To this regard, the lot to be retained and the lot to be severed must be independently serviced (water/sanitary), and any/all services crossing the proposed property line must be disconnected to the satisfaction of the County of Oxford Public Works Department.
  2. The Owner(s) shall covenant and agree to satisfy all requirements financial and otherwise, of the Town of Tillsonburg regarding the installation of services and drainage facilities to the satisfaction of the Town of Tillsonburg. Any work being done in the Town’s right-of-way will require an Encroachment Permit and full time inspection by the Owner(s) consultant for the entire duration of any works being completed in the Town’s right-of way.  The Owner(s) shall agree to submit a sealed letter to the Town of Tillsonburg from the consulting engineer stating that all servicing and restoration work has been completed to the Town of Tillsonburg Development Guidelines and Design Criteria.
  3. The Owner(s) shall submit a Lot Grading Plan and Site Servicing Plan for both the proposed severed and retained lots to the satisfaction of the Town of Tillsonburg Engineering Services Department.
  4. The Owners shall covenant and agree to satisfy all requirements financial and otherwise of the Town of Tillsonburg regarding the installation of services and drainage facilities to the satisfaction of the Town of Tillsonburg. Any work being done in the Town’s right-of-way will require an Encroachment Permit, and a representative of the developer’s consultant must be on site while this work is undertaken.  The Owners shall agree to submit a stamped and sealed letter to the Town of Tillsonburg from the consulting engineer stating that all servicing and restoration work has been completed to the Town of Tillsonburg Development Guidelines and Design Criteria.
  5. The Owner(s) shall submit a Surveyor’s Real Property Report to confirm lot sizes and building setbacks, to the satisfaction of the Town of Tillsonburg.
  6. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town of Tillsonburg have been complied with.
  Carried

7.2

OP 22-19-7 Official Plan Amendment and ZN 7-22-15 Application for Zone Change - Lindprop Corp. (112 North Street E)

Eric Gilbert, Oxford County Planner, attended before Council for Item 7.2. including an overview of a revised motion to consider as concerns associated with the application had been resolved. Staff were no longer recommending deferral of the application noting the application now meets the Official Plan and Provincial Policy Statement (flooding event 1/100 year storm). Mr. Gilbert answered questions regarding storm water and the drainage plans for the area. 

Alex Muirhead attended before Council to speak in favour of the application as the agent. Mr. Muirhead provided comment over the flooding event review confirming the understanding outlined by the County Planner. Further, Mr. Muirhead answered questions regarding the parkland within the application.

A revised motion was presented for consideration. 

• Resolution # 2024-396
  Moved By: Councillor Parker
  Seconded By: Councillor Parsons
  1. That the Council of the Town of Tillsonburg 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 of Lots 4 & 5, Concession 10 (Dereham) in the Town of Tillsonburg, to re-designate a portion of the subject lands from Open Space to Medium Density Residential to facilitate the development of an enlarged medium density residential block within a draft plan of subdivision;
  2. The Council of the Town of Tillsonburg 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 north of the watercourse crossing on Block 16, to rezone the lands ‘RM-sp’, & ‘OS1’, with appropriate Holding Zones, to facilitate the development of an enlarged medium density residential block within a draft plan of subdivision.
  Carried

8.

Planning Reports

8.1

CP-2024-281 Application for Zone Change ZN 7-24-12 (3, 5-10, 14, 16, 18, 20, 22, 23, 24, 26, 28, 30 Hemlock Drive and 20 Walnut Drive)

Eric Gilbert, Oxford County Planner, attended before Council for Item 8.1 providing a brief overview.

• Resolution # 2024-397
  Moved By: Councillor Parsons
  Seconded By: Councillor Luciani

  THAT Council approve the Zoning By-law Amendment application submitted by Trevalli Homes for lands legally described as Lot 27, Lot 53, Lots 59-62, 64-76, Plan 41M-144 in the Town of Tillsonburg, to remove the Holding Provision from lands as identified on Plate 3 of Report No. CP 2024-281.

  Carried

8.2

SB 21-07-7 Redline and Request for Extension of Draft Approved Plan of Subdivision - Lindprop Corp.

Eric Gilbert, Oxford County Planner, attended before Council for Item 8.2. including a brief overview.

• Resolution # 2024-398
  Moved By: Councillor Luciani
  Seconded By: Councillor Parker

  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 Lindprop Corporation for lands described as Part Lots 4 and 5, Concession 10 (Dereham), Town of Tillsonburg, to November 24, 2026, to grant additional time to allow the applicant additional time for detailed design and servicing in advance of subdivision registration and minor redline changes to the draft approved subdivision to reflect the approval of the adjacent plan of subdivision (SB 22-07-7).

  Carried

9.

Delegations

9.1

Chantal Desmarchais, Big Brothers Big Sisters of Oxford County Re: Big Brothers Big Sisters Month in Oxford County

Chantal Desmarchais attended before Council to provide a presentation to Council on BBBS which included the following highlights:

• Big Brothers Big Sisters Month - September; 
• Vision and Mission of BBBS including initiatives' of BBBS; and
• Testimonials from Mentors and Mentees.

• Resolution # 2024-399
  Moved By: Councillor Spencer
  Seconded By: Councillor Parsons

  THAT the delegation from Chantal Desmarchais regarding Big Brothers Big Sisters Month in Oxford County be received as information; and

  THAT staff be directed to share on social media the BBBS month and change the clock tower to teal in recognition of the BBBS day annually. 

  Carried

10.

Deputation(s) on Committee Reports

10.1

DTBIA - Decision Letter - 2023 Approved Financial Statements

• Resolution # 2024-394
  Moved By: Councillor Rosehart
  Seconded By: Deputy Mayor Beres

  THAT the following items be received as information:

  1. DECISION LETTER – APPROVAL OF 2023 AUDITED FINANCIAL STATEMENTS
  2. Executed Representation Letter - DTBIA 17 July 2024 (Item 10.1.1)
  3. 2023 Approved Financial Statements (Item 10.1.2)
  Carried

10.1.1

2023 Approved Financial Statements

10.1.2

Executed Representation Letter

10.2

CS-24-090 Airport Advisory Committee Recommendation - Tillsonburg Regional Airport Communications Procedure

• Resolution # 2024-400
  Moved By: Councillor Parker
  Seconded By: Deputy Mayor Beres
  1. THAT report CS-24-090 titled “Airport Advisory Committee Recommendation – Tillsonburg Regional Airport Communications Procedure” be received as information; and
  2. THAT Council approve the Tillsonburg Regional Airport Communications Procedure.
  Carried

11.

Information Items

12.

Mayor's Reports

12.1

AMO Conference - MYR-24-03

• Resolution # 2024-401
  Moved By: Deputy Mayor Beres
  Seconded By: Councillor Spencer

  THAT Report MYR-24-03 AMO Conference be received as information. 

  Carried

13.

Staff Reports

13.1

Chief Administrative Officer

13.1.1

Infectious Diseases Prevention and Control Policy - CAO-24-018

• Resolution # 2024-402
  Moved By: Councillor Parsons
  Seconded By: Councillor Luciani
  1. THAT report CAO 24-018 titled “Infectious Diseases Prevention and Control Policy” be received as information; and
  2. THAT Council approves the update of the Covid-19 Policy to the Infectious Diseases Prevention and Control Policy; and
  3. THAT a By-Law to repeal the previous Policy and replace with the new Policy be presented to Council for consideration.
  Carried

13.2

Corporate Services

13.2.1

2025 Council Meeting Dates - CS-24-102

Council asked questions to Staff regarding the dates chosen including the procedural impact of removal of a June meeting (reduce to 1). Council considered a revised motion that removed the June 30th proposed date.

• Resolution # 2024-403
  Moved By: Councillor Parsons
  Seconded By: Councillor Parker
  1. THAT report CS-24-102 titled “2025 Council Meeting Dates” be received as information; and
  2. THAT the Council meeting dates for 2025 be set as listed within report CS 24-102 with the exception of the removal of the June 30th meeting.
  Carried

13.3

Economic Development

13.3.1

Cellular Coverage Concerns - EDM-24-029

• Resolution # 2024-404
  Moved By: Councillor Parsons
  Seconded By: Councillor Rosehart
  1. THAT report EDM 24-029 titled “Cellular Coverage Concerns” be received;
  2. THAT Council of the Town of Tillsonburg endorses the following:
     1. Whereas the residents of our community are not able to have reliability and confidence in our telecommunications infrastructure for our commercial establishments and economic growth, employment, school, virtual medical appointments, mental health, welfare and emergency services;
     2. Whereas many areas in and around the Town of Tillsonburg are considered “Dead Zones” causing rural and urban communities to incur prohibitive costs which include roaming and overage fees and/or alternative resources in order to gain basic and limited communication functionality;
     3. Whereas the Innovation, Science and Economic Development Canada (ISED) has committed to have a reliable Network and states that,
        “Reliable telecommunications networks have never been more crucial. They support not only a wide range of economic and social activities but also other critical infrastructure sectors and government services, and
        they are crucial for emergency services and public safety. They are fundamental to the safety, prosperity and well-being of Canadians.”
     4. THAT the top priority of the ISED as stated in the Telecommunications Reliability Agenda is, “Robust Networks and Systems – This means there is robust architecture for telecommunications networks with appropriate redundancy, diversity, and hardening against hazards, with particular care for emergency services. There are systems with controls and monitoring and the telecommunications supply chain including supplier equipment is trusted and secure. Investments are made to support these activities including in rural and remote areas or to address coverage gaps.”
  3. THAT the Council of the Town of Tillsonburg requests that the Federal Government and ISED make it their priority to push forward with their commitment to provide this crucial infrastructure in a meaningful and time manner and provide action and enforcement on the regulations that mandate timely installation of approved cell tower installations; and
  4. THAT a copy of this resolution be also sent to all Ontario municipalities, SWIFT, local telecommunications providers, the local MP and MPP.
  Carried

13.3.2

Out-of-Country Event Report – Hannover Messe - EDM-24-032

• Resolution # 2024-405
  Moved By: Councillor Rosehart
  Seconded By: Deputy Mayor Beres

  THAT report EDM 24-032 titled “Out-of-Country Event Report – Hannover Messe” be received as information.

  Carried

13.3.3

Surplus Land Declaration – Part 2, Plan 41R-7347 - Venison Street East - EDM-24-033

Cephas Panschow, Development Commissioner, provided an overview of Item 13.3.3 including noting a revision to clause C to open the surplus sale to any individual (previous wording was for adjacent property owner). 

• Resolution # 2024-406
  Moved By: Deputy Mayor Beres
  Seconded By: Councillor Parker
  1. THAT report EDM 24-032 titled Surplus Land Declaration – Part 2, Plan 41R-7347 – Venison Street East be received; and,
  2. THAT the municipally owned parcel of land located on the South side of Venison Street East, described as Part 2, Plan 41R-7347, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 2021-031 (land disposition) including suitable notification to the public; and,
  3. THAT the Development Commissioner be authorized to negotiate an Agreement of Purchase and Sale subject to it being brought back to Council for approval.
  Carried

13.3.4

Surplus Land Declaration – Westerly Portion of Moose Street Right-of-Way - EDM-24-034

Cephas Panschow, Development Commissioner, provided an overview of Item 13.3.4 and answered questions from Council.

• Resolution # 2024-407
  Moved By: Councillor Parker
  Seconded By: Councillor Parsons

  THAT Item 13.3.4 be referred to staff to review the roadway/entryway associated with the surplus of Moose Street. 

  Carried

13.3.5

Offers to Purchase - Surplus Lands East of Langrell Avenue - EDM-24-035

• Resolution # 2024-408
  Moved By: Councillor Parsons
  Seconded By: Councillor Luciani
  1. THAT report EDM 24-035 Offers to Purchase – Surplus Lands East of Langrell Avenue be received; and
  2. THAT a by-law be brought forward authorizing the Mayor and Clerk to enter into an Agreement of Purchase and Sale with David Lopes and Mariah Koopman and John Allard and Linda Allard and to execute any documents required to effect the transfer of these lands; and
  3. THAT, consistent with Council’s June 12, 2024 direction, the Treasurer be directed to transfer the proceeds from these transactions to the Parkland Trust.
  Carried

13.4

Finance

13.4.1

Development Charges Interest Policy - FIN-24-030

• Resolution # 2024-409
  Moved By: Councillor Luciani
  Seconded By: Councillor Spencer
  1. THAT report FIN 24-030 titled “Development Charge Interest Rate Policy” be received as information; and
  2. THAT a by-law to adopt Development Charge Interest Rate Policy 5-009 be presented to Council for consideration.
  Carried

13.4.2

Asset Retirement Obligation Policy - FIN-24-031

• Resolution # 2024-410
  Moved By: Councillor Spencer
  Seconded By: Councillor Rosehart
  1. THAT report FIN-24-031 titled “Asset Retirement Obligation Policy” be received as information; and
  2. THAT a by-law to adopt Asset Retirement Obligation Policy 5-010 be presented to Council for consideration.
  Carried

13.4.3

Annual Budget Dates - FIN-24-043

• Resolution # 2024-411
  Moved By: Councillor Rosehart
  Seconded By: Deputy Mayor Beres
  1. THAT report FIN 24-043 titled “Annual Budget Dates” be received as information; and
  2. THAT the following dates be scheduled for Council Budget Meetings;
     • Monday, November 18, 2024 9:00am-3:00pm
     • Monday, December 2, 2024 5:00pm-9:00pm
  Carried

13.4.4

2023 Financial Statements Approval - FIN-24-044

Immediately following Item 6.1, Council considered item 13.4.4.

• Resolution # 2024-392
  Moved By: Deputy Mayor Beres
  Seconded By: Councillor Parker
  1. THAT report FIN-24-044 titled “2023 Financial Statements Approval” be received as information; and
  2. THAT the Town of Tillsonburg’s 2023 Consolidated Financial Statements, Trust Funds Statements, Sanitary Sewer and Water & Wastewater Financial Statements as audited by Millard, Rouse & Rosebrugh LLP, be approved.
  Carried

13.5

Fire and Emergency Services

13.6

Operations and Development

13.6.1

Delegated Authority to Execute Acknowledgement and Direction for Land Registrar Application - OPD-24-053

• Resolution # 2024-412
  Moved By: Councillor Parker
  Seconded By: Councillor Parsons
  1. THAT report OPD 24-053 titled “Delegated Authority to Execute Acknowledgement and Direction for Land Registrar Application (General)” be received as information;
  2. THAT Explanatory Letter by Duncan, Linton LLP be received as information;
  3. THAT executed “Encroachment Agreement – 500 Highway 3 Access from Newell Road” be received as information;
  4. THAT Town Council delegate the Director of Operations and Development authority to execute Acknowledgement and Direction for Land Registrar Application (General); and
  5. THAT Town Council direct the Director of Operations and Development to execute same for parcel bearing PIN 00025-0135 (LT).
  Carried

13.7

Recreation, Culture and Parks

13.7.1

VIBE Youth Space - Communities Building Youth Futures program - RCP-24-036

• Resolution # 2024-413
  Moved By: Councillor Parsons
  Seconded By: Councillor Luciani
  1. THAT report RCP 24-036 titled “VIBE Youth Space – Communities Building Youth Futures Program” be received as information; and
  2. THAT Council approve the Town of Tillsonburg recreation department assuming responsibility for the VIBE Youth Space at no cost to participants as a pilot project for 2024; and
  3. THAT the program costs for the VIBE Youth Space be included for consideration in the 2025 budget.
  Carried

14.

New Business

15.

Consideration of Minutes

15.1

Advisory Committee Minutes

• Resolution # 2024-414
  Moved By: Councillor Spencer
  Seconded By: Councillor Parsons

  THAT the following Advisory Committee minutes be received as information:

  • Economic Development Advisory Committee meeting minutes dated July 9, 2024
  • Economic Development Advisory Committee meeting minutes dated August 13, 2024
  • Traffic Advisory Committee meeting minutes dated August 22, 2024
  Carried

16.

Motions/Notice of Motions

16.1

Mayor Gilvesy - Stopping Bad Faith Renovictions

Mayor Gilvesy left the Chair and it was assumed by Deputy Mayor Beres to present item 16.1.

• Resolution # 2024-415
  Moved By: Mayor Gilvesy
  Seconded By: Councillor Parker

  Whereas in January 2024, Hamilton became the first community in Ontario to create a by-law to stop “bad faith renovictions”.   As other communities are following Hamilton’s lead, it is prudent that Tillsonburg explore options available in this regard.

  Therefore be it resolved

  1. THAT Council request a report outlining options in creating a bylaw pertinent to “bad faith renovictions”.    The report should include both  pros and cons and potentially other options that other municipalities have undertaken in this regard; and
  2. THAT this report be due back to council by the end of Q1 2025.
  Carried

16.2

Councillor Parsons - Planning Processes

Mayor Gilvesy assumed the Chair.

• Resolution # 2024-416
  Moved By: Councillor Parsons
  Seconded By: Councillor Luciani

  THAT Town Staff be directed to work with County Planning Staff insofar as looking into ways to enhance the notification process for Tillsonburg planning applications to provide more detailed information to residents in advance with a broader circulation area and provide a report to Council in Q2 of 2025 to this effect.

  Carried

17.

Resolutions/Resolutions Resulting from Closed Session

18.

By-Laws

• Resolution # 2024-417
  Moved By: Councillor Spencer
  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 the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 

  Carried

18.1

By-Law 2024-098 A By-Law to Amend Zoning By-Law 3295, as amended (ZN 7-24-12)

18.2

By-Law 2024-099 A By-Law to Amend By-Law 4339, By-Law 2023-047 and By-Law 2024-051 

18.3

By-Law 2024-100 A By-Law to Authorize an Agreement of Purchase and Sale with David Lopes, Mariah Koopman, John Allard and Linda Allard for the property described as part of Part 55 on Plan 41R-7299

18.4

By-Law 2024-101 A By-Law to adopt an Infectious Diseases Prevention and Control Policy

18.5

By-Law 2024-102 A By-Law to Adopt Policy 5-009 Development Charge Interest Rate Policy

18.6

By-Law 2024-103 A By-Law to Adopt Policy 5-010 Asset Retirement Obligation Policy

19.

Confirm Proceedings By-law

• Resolution # 2024-418
  Moved By: Deputy Mayor Beres
  Seconded By: Councillor Rosehart

  THAT By-Law 2024-092, A By-Law to Confirm the proceedings of the Council Meeting held on September 9, 2024, be read for a first, second and 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

This portion of the meeting is not recorded. 

21.

Adjournment

• Resolution # 2024-419
  Moved By: Councillor Rosehart
  Seconded By: Councillor Parsons

  THAT the Council meeting of September 9, 2024, be adjourned at 8:15 p.m.

  Carried