The Corporation of the Town of Tillsonburg

Council Meeting

MINUTES

-
Council Chambers
200 Broadway, 2nd Floor
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
  • Cephas Panschow, Development Commissioner
  • Julie Ellis
Regrets:
  • Sheena Pawliwec, Director of Finance/Treasurer
  • Johnathon Graham, Director of Operations & Development
  • Julie Columbus, Director of Recreations, Culture & Parks

1.
Call to Order

 

The meeting was called to order at 5:00 p.m. 

2.
Closed Session

 

Parker joined at 5:02 pm

  • Resolution #2023-285
    Moved By:Councillor Spencer
    Seconded By:Deputy Mayor Beres

    THAT Council move into Closed Session to consider the following:

    2.4.1 EDM 23-06 CLD Phase 1 Environmental Site Assessments - 200 and 248 Broadway Properties

    239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board;

    239 (2) (j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; and

    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.

    2.4.2 EDM 23.07 CLD Lot 7 Expression of Interest Listing Results and Offers to Purchase 

    239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board;

    239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;

    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.

    2.4.3 CAO 23-12 Work Management Agreement with ERTH

    239 (2) (d) labour relations or employee negotiations; and

    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.

    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
EDM 23-06 CLD Phase 1 Environmental Site Assessments - 200 and 248 Broadway Properties

 

2.4.2
EDM 23-07 CLD Lot 7 Expression of Interest Listing Results and Offers to Purchase

 

2.4.3
CAO 23-12 Work Management Agreement with ERTH

 

2.5
Back to Open Session

 

3.
Moment of Silence

 

4.
Adoption of Agenda

 
  • Resolution #2023-292
    Moved By:Councillor Parker
    Seconded By:Councillor Parsons

    THAT the agenda for the Council meeting of July 17, 2023, be approved with the following amendment:

    • Item 16.3 – Notice of Motion from Councillor Parsons Re: Food Truck Fridays be moved to follow Items 10.1 and 10.2, the delegations on the same subject
    Carried

5.
 Disclosures of Pecuniary Interest and the General Nature Thereof

 

None.

6.
Adoption of Council Minutes of Previous Meeting

This item has attachments. 
1.Post-Meeting Minutes - CM_Jun26_2023 - English.pdf
  • Resolution #2023-293
    Moved By:Councillor Spencer
    Seconded By:Councillor Luciani

    THAT the Council meeting minutes dated June 26, 2023, be approved.

    Carried

7.
Presentations

 

7.1
Volunteer Achievement - David Morris

 

Mayor Gilvesy and Joan Weston, Museum, Culture, Heritage and Special Awards Advisory Committee, presented David Morris with the Town's Volunteer Achievement Award in recognition of his outstanding volunteer contributions. 

8.
Public Meetings

 

8.1
CP 2023-208 Application for Zone Change - ZN 7-23-03 - 332 Broadway

This item has attachments. 
1.7-23-03_rpt.pdf
2.Report Attachments.pdf
3.7-23-03_bylaw.pdf
4.7-23-03_EN.pdf
5.ZN7-23-03Schedule.pdf
6.ZN7-23-03Key.pdf
7.Public Meeting - Additional Letters_Redacted.pdf

Laurel Davies-Snyder, Planner, Oxford County, attended before Council to provide an overview of the application CP 2023-208 Application for Zone Change ZN-23-03 - 332 Broadway. The Planner answered various questions from members of Council. 

Applicant Tim Ford attended virtually to express support for the application.

John Armstrong appeared in-person to speak in opposition of the application.  Mr. Armstrong read in 4 letters he had received and provided copies to the Clerk. 

Helen Lamos appeared in-person to speak in opposition of the application.

Bill Cuddy appeared in-person to speak in opposition of the application. 

Nancy MacKenzie appeared in-person to speak in opposition of the application. 

Councillor Parsons and Councillor Rosehart moved a revised motion.  After discussion, the mover and seconder withdrew the motion.  A deferral motion was presented.

  • Moved By:Councillor Parsons
    Seconded By:Councillor Rosehart

    THAT the Council of the Town of Tillsonburg approve the zone change application submitted by Tim Ford, whereby the lands described as LT 616 PL 500; PT LT 615 PL 500 AS IN 229659, Town of Tillsonburg, known municipally as 332 Broadway, are to be rezoned from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special Neighbourhood Commercial Zone (NC1-sp)’ to permit two (2) Additional Legal Residential Units (ARU) in an existing single detached residential dwelling subject to site plan approval so that the parking on the north side of the building be provided with a double wide paved driveway, AND that the existing paved portion between the building and the sidewalk on the west side of the building be altered in a way that no vehicle parking be permitted there.

  • Resolution #2023-294
    Moved By:Councillor Parsons
    Seconded By:Councillor Rosehart

    THAT Item 8.1 be deferred in order for submission of a revised parking plan:

    THAT the Council of the Town of Tillsonburg approve the zone change application
    submitted by Tim Ford, whereby the lands described as LT 616 PL 500; PT LT 615
    PL 500 AS IN 229659, Town of Tillsonburg, known municipally as 332 Broadway, are
    to be rezoned from ‘Neighbourhood Commercial Zone (NC)’ to ‘Special
    Neighbourhood Commercial Zone (NC1-sp)’ to permit two (2) Additional Residential
    Units (ARU) in an existing single detached residential dwelling.

    Carried

9.
Planning Reports

 

10.
Delegations

 

10.1
Marcel Rosehart Re: Food Truck Event

This item has attachments. 
1.Marcel Rosehart - Delegation Request.pdf
2.FOOD TRUCKS COUNCIL PRESENTATION.pdf
3.PETITION_Redacted.pdf

Marcel Rosehart presented to Council regarding the Food Truck Event.   Mr. Rosehart spoke in opposition of the potential Food Truck Event motion and the BIA's proposed event. Mr. Rosehart asked Council to not approve the pilot. 

  • Resolution #2023-295
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Parker

    THAT Council receives the delegation from Marcel Rosehart as information. 

    Carried

10.2
Mark Renaud, Downtown Tillsonburg Business Improvement Area Re: Food Truck Fridays

This item has attachments. 
1.Mark Renaud - Delegation Request.pdf

Mark Renaud, Downtown Tillsonburg Business Improvement Area, presented to Council regarding Food Truck Fridays. Mr. Renaud's presentation included an overview of food truck history, engagement with membership, and consumer feedback, timeline (five weeks), and plan for the food trucks that are invited to participate (maximum two per date) and location (Avondale Church, moved from original encroachment location of Metro).  Mr. Renaud answered various questions from members of Council. 

  • Resolution #2023-296
    Moved By:Councillor Parker
    Seconded By:Councillor Luciani

    THAT Council receives the delegation from Mark Renaud as information.

    Carried

11.
Deputation(s) on Committee Reports

 

12.
Information Items

 
  • Resolution #2023-297
    Moved By:Councillor Rosehart
    Seconded By:Councillor Parker

    THAT the Long Point Conservation Authority Minutes dated June 7, 2023, be received as information.

    Carried

13.
Staff Reports

 

13.1
Chief Administrative Officer

 

13.1.1
CAO 23-08 New Town Hall Project

This item has attachments. 
1.CAO 23-08 New Town Hall Project.pdf
2.Appendix A- Fabrik Architects- Space Needs Study.pdf
3.Appendix B- Feasibility Study Operations Centre.pdf
  • Resolution #2023-298
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Parsons
    1. THAT report titled CAO 23-08 New Town Hall Project be received as information;
    2. AND THAT staff be directed to transfer the savings realized from the 2022 and 2023 reduced rent payment at the Corporate Office for the unusable space due to the mould remediation to the Facilities Capital Reserve, to be earmarked for the capital costs of the new Town Hall;
    3. AND THAT staff be directed to transfer the Town Hall unused funds from 2020 of $25,000 from the Tax Rate Stabilization Reserve to the Facilities Capital Reserve, to be earmarked for the capital costs of the new Town Hall;
    4. AND FURTHER THAT staff be directed to maintain the same 2023 budget for rent for the Corporate Office for 2024, 2025 and 2026 and transfer any unspent amount in the aforementioned years to the Facilities Capital Reserve, to be earmarked for the capital costs of the new Town Hall.
    Carried

13.2
Corporate Services

 

13.3
Economic Development

 

13.3.1
EDM 23-12 First Quarter Economic Development and Marketing Results

This item has attachments. 
1.EDM 23-12 First Quarter Economic Development and Marketing Results.pdf
  • Resolution #2023-299
    Moved By:Councillor Spencer
    Seconded By:Deputy Mayor Beres

    THAT report EDM 23-12 titled First Quarter Economic Development and Marketing Results be received as information.

    Carried

13.3.2
EDM 23-13 Lot 4 on Sandy Court – Approval for Easement and Offer to Purchase

This item has attachments. 
1.EDM 23-13 Lot 4 on Sandy Court – Approval for Easement and Offer to Purchase.pdf
2.Offer_to_Purchase-E_and_E_McLaughlin.pdf
  • Resolution #2023-300
    Moved By:Councillor Parker
    Seconded By:Councillor Rosehart
    1. THAT report titled EDM 23-13 Lot 4 on Sandy Court – Approval for Easement and Offer to Purchase be received; and,

       

    2. THAT a by-law be brought forward to authorize the Mayor and Clerk to execute all documents required to recognize an existing 12 metre wide corridor used by Hydro One Networks Inc for a hydro pole line through the registration of an easement on Part 2, Plan 41R-7549; and,

       

    3. THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an Agreement of Purchase and Sale with E&E McLaughlin Ltd and to execute all documents required to effect a transfer of the property described as Lot 4, Sandy Court.
    Carried

13.4
Finance

 

13.4.1
FIN 23-13 - 2023 Levy for the Tillsonburg District Memorial Hospital

This item has attachments. 
1.FIN 23-13 - 2023 Levy for the Tillsonburg District Memorial Hospital.pdf
2.Appendix A - By-Law 2023-57 - 2023 Levy for the Tillsonburg District Memorial Hospital.pdf
3.Appendix B - Tillsonburg T Capacity of Institutions Letter 2023.pdf
  • Resolution #2023-301
    Moved By:Councillor Luciani
    Seconded By:Councillor Spencer
    1. THAT report FIN 23-23 titled 2023 Levy for the Tillsonburg District Memorial Hospital be received; and
    2. THAT a By-Law to provide for the adoption of the 2023 levy on the Tillsonburg District Memorial Hospital be brought forward for Council consideration.
    Carried

13.5
Fire and Emergency Services

 

13.6
Operations and Development

 

13.7
Recreation, Culture and Parks

 

13.7.1
2023 Q1 RCP Operating Department Results

This item has attachments. 
1.2023 Q1 RCP Operating Department Results .pdf
2.RCP 23-30 - Appendix A - Q1 2023 Operating Results.pdf
  • Resolution #2023-302
    Moved By:Councillor Parsons
    Seconded By:Councillor Rosehart

    THAT report RCP 23-30 titled RCP 2023 Q1 Report be received as information.

    Carried

13.7.2
RCP 23-31Updated Fee By-Law 2023

This item has attachments. 
1.RCP 23-31Updated Fee By-Law 2023.pdf
2.Appendix A – Revised Schedule “A” By-Law 2022-087.pdf
  • Resolution #2023-303
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Luciani
    1. THAT report titled RCP 23-31 2023 Rates and Fees Bylaw Update be received as information; and

    2. THAT the proposed adjustments to the 2023 Rates and Fees Bylaw reflecting the addition of pickleball programming and soccer field rentals, and amendment to cemetery internment and markers be approved as presented; and

    3. THAT a By-law to amend Schedule A of By-Law 2022-087 being the Fees and Charges By-law be presented to Council for consideration.
    Carried

13.7.3
RCP 23-32 Lake Lisgar Waterpark Canteen Renovation

This item has attachments. 
1.RCP 23-32 Lake Lisgar Waterpark Canteen Renovation.pdf
  • Resolution #2023-304
    Moved By:Councillor Parker
    Seconded By:Councillor Rosehart

     

    1. THAT report titled RCP-23-32 Lake Lisgar Waterpark Canteen Renovation Update be received as information; and
    2. THAT staff be directed to transfer $201,000 funded from the 2022 year-end surplus, to the Facilities Reserve earmarked for the construction costs of the Lake Lisgar Waterpark Canteen Renovation; and
    3. THAT staff be authorized to execute any necessary documents required to facilitate the project.
    Carried

13.7.4
RCP 23-33 Bridges Subdivision and Parkland Dedication

This item has attachments. 
1.RCP 23-33 Bridges Subdivision and Parkland Dedication .pdf
2.Toboggan Hill (002).pdf
3.18093_Tobogan Hill Drawing for Counsel - Preliminary (5 July 2023).pdf
  • Moved By:Councillor Luciani
    Seconded By:Councillor Parsons

    A. THAT report titled RCP-23-33 Bridges Subdivision Parkland Dedication be received as information; and

    B. THAT expenses incurred by the developer to relocate the Toboggan Hill not be considered as part of the overall cash in lieu of parkland dedication requirement; and

    C. THAT the existing lease agreement between the Town and 2407774 Ontario Limited, to operate the Toboggan Hill, be terminated and a new lease agreement for the proposed toboggan hill location not be executed due to liability concerns.

  • Resolution #2023-305
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Luciani

    THAT Item 13.7.4 be referred back to staff to discuss with the developer alternate options for the Toboggan Hill.

    Carried

14.
New Business

 

15.
Consideration of Minutes

 

15.1
Committee Minutes

This item has attachments. 
1.230517 Police Service Board Minutes .pdf
2.230613 Economic Development Advisory Committee Minutes.pdf
3.230621 Museum, Culture, Heritage and Special Awards Advisory Committee Minutes .pdf
4.230706 Recreation and Sports Advisory Committee Minutes.pdf
5.230711 Economic Development Committee Minutes.pdf
  • Resolution #2023-306
    Moved By:Councillor Parker
    Seconded By:Deputy Mayor Beres

    THAT Council receives the following minutes of Committees as information:

    • Police Service Board Minutes of May 17, 2023
    • Economic Development Advisory Committee Meeting of June 13, 2023
    • Museum, Culture, Heritage & Special Awards Advisory Committee Meeting of June 21, 2023
    • Recreation and Sports Advisory Committee Meeting of July 6, 2023 
    • Economic Development Advisory Committee Meeting of July 11, 2023 
    Carried

16.
Motions/Notice of Motions

 

16.1
Reducing Gardens - Councillor Rosehart

 
  • Resolution #2023-307
    Moved By:Councillor Rosehart
    Seconded By:Councillor Parker

    WHEREAS, a Town of Tillsonburg Recreation, Culture & Parks Departmental Service Review was completed by The Clarico Group in April of 2020; and

    WHEREAS several of the report’s findings recommended the reduction of flower beds and gardens in parkettes;

        BE IT THEREFORE RESOLVED:

    1. THAT Staff review recommendations from the 2020 Recreation, Culture & Parks Department Service Review conducted by The Clarico Group pertaining to the reduction of flower beds and gardens; and
    2. THAT Staff bring back a report to Council identifying cost savings regarding the limiting of the number of flower beds and gardens in the Town.
    Defeated

16.2
Canada Goose Population - Councillor Luciani 

 
  • Resolution #2023-308
    Moved By:Councillor Luciani
    Seconded By:Councillor Parsons

    THAT Staff be directed to bring back a report to Council on a program to control the expanding Canada Goose population within the Town of Tillsonburg to help mitigate the negative impacts they have on local residents and park areas. 

    Carried

16.3
Food Truck Pilot - Councillor Parsons

 
  • Resolution #2023-309
    Moved By:Councillor Parsons
    Seconded By:Councillor Luciani

    WHEREAS The Business Improvement Area (BIA) has requested an encroachment permit for Food Truck Fridays in Downtown Tillsonburg; and

    WHEREAS Town of Tillsonburg By-Law 3666, Being a By-Law to govern the licensing of businesses within the Corporation of the Town of Tillsonburg, does not allow the operation of Food Trucks on any municipal property including, but not limited to road allowances or the Downtown Area or to operate within 150 metres of a food service location;

    BE IT SO RESOLVED

    1. THAT the Town of Tillsonburg Council authorize a Pilot Project from July 28th to August 25th, 2023 to allow Food Trucks in the downtown core on Food Truck Fridays within an approved encroachment permit area; and
    2. THAT a Business License valid until August 25th, 2023, be issued to Food Trucks that are not already licensed, upon inspections from relevant departments at a cost of $210 that are participating in the pilot event; and
    3. THAT staff provide a summary report in Q1 of 2024 on the pilot program outcomes including any recommendations for permanent changes.
    VotersForAgainstAbstainConflict
    Deputy Mayor BeresX
    Councillor RosehartX
    Mayor GilvesyX
    Councillor LucianiX
    Councillor ParkerX
    Councillor SpencerX
    Councillor ParsonsX
    Results4300
    Carried (4 to 3)

16.4
Bert Newman Park - Deputy Mayor Beres

 
  • Resolution #2023-310
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Luciani
    1. THAT staff be directed to deploy vandalism reduction tactics within Bert Newman Park and, where possible, increase patrol of the location both from Parks and By-Law Enforcement staff; and
    2. THAT staff identify the vandalism to the Tillsonburg branch of the OPP and request any additional patrols that could be made available; and
    3. THAT staff be directed to procure the three gates for Bert Newman Park in accordance with the Town’s Purchasing Policy funded from the 2022 year-end surplus, and report the total costs in the 2022 year-end surplus report; and
    4. THAT staff consider any other items that could increase the protection of the park within their 2024 budgets; and
    5. THAT staff review a potential vandalism by-law and enforcement and present a report to Council.
    Carried

17.
Resolutions/Resolutions Resulting from Closed Session

 

18.
By-Laws

 

18.1
By-Law 2023-057 A BY-LAW to Levy the 2023 Amount Payable for the Tillsonburg District Memorial Hospital

This item has attachments. 
1.By-Law 2023-57 - 2023 Levy for the Tillsonburg District Memorial Hospital.pdf

18.2
By-Law 2023-060 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 

This item has attachments. 
1.By-Law 2023-60 User Fee By-Law Update .pdf
2.Appendix A – Revised Schedule “A” By-Law 2022-087(1).pdf

18.3
By-Law 2023-061 A BY-LAW to amend Zoning By-Law Number 3295, as amended (ZN 7-23-01)

This item has attachments. 
1.7-23-01_bylaw_.pdf
2.ZN 7-23-01_EN.pdf
3.ZN7-23-01Schedule.pdf
4.ZN7-23-01Key.pdf

18.4
By-Law 2023-062 A BY-LAW to amend Zoning By-Law Number 3295, as amended (ZN 7-23-02)

This item has attachments. 
1.ZN7-23-02_BYLAW.pdf
2.ZN 7-23-02_EN.pdf
3.ZN7-23-02Schedule.pdf
4.ZN7-23-02Key.pdf

18.5
By-Law 2023-063 A BY-LAW to amend Zoning By-Law Number 3295, as amended (ZN 7-23-03)

This item has attachments. 
1.7-23-03_bylaw(1).pdf
2.7-23-03_EN(1).pdf
3.ZN7-23-03Schedule (1).pdf
4.ZN7-23-03Key(1).pdf
  • Resolution #2023-311
    Moved By:Councillor Spencer
    Seconded By:Councillor Parsons

    THAT a By-Law to Levy the 2023 Amount Payable for the Tillsonburg District Memorial Hospital; and

    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; and

    A By-Law to Amend Zoning By-Law Number 3295 (By-Law 2023-061); and 

    A By-Law to Amend Zoning By-Law Number 3295 (By-Law 2023-062) 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

19.
Confirm Proceedings By-law

This item has attachments. 
1.Confirming By-Law - July 17, 2023 (1).pdf
  • Resolution #2023-312
    Moved By:Councillor Parsons
    Seconded By:Councillor Rosehart

    THAT By-Law 2023-054, to Confirm the Proceedings of the Council Meeting held on July 17, 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 #2023-313
    Moved By:Councillor Spencer
    Seconded By:Councillor Parker

    THAT the Council meeting of July 17, 2023, be adjourned at 9:00 p.m.

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