The Corporation of the Town of Tillsonburg

Council Meeting

MINUTES

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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, Town Clerk
  • Sheena Pawliwec, Acting Treasurer
  • Chris Baird, Director of Recreation, Culture and Parks
  • Carlos Reyes, Director of Operations
  • Brad Lemaich, Fire Chief
  • Amelia Jaggard, Deputy Clerk
  • Geno Vanhaelewyn, Chief Building Official
  • Cephas Panschow, Development Commissioner

The meeting was called to order at 4:30 p.m.

  • Resolution #2021-039
    Moved By:Councillor Esseltine
    Seconded By:Councillor Luciani

    THAT Council move into Closed Session to consider two proposed or pending acquisition or disposition of land by 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
239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board;
 

2.4.2
239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board;
 

2.5
Back to Open Session
 

  • Resolution #2021-040
    Moved By:Councillor Luciani
    Seconded By:Deputy Mayor Beres

    THAT the Agenda as prepared for the Council meeting of January 25, 2021, be approved.

    Carried

Councillor Gilvesy declared pecuniary interest on the following item:

1. Item 14.2.1 in open session with the reason being that as a building owner in the BIA zone, an expansion would result in a direct financial gain.

No other disclosures of pecuniary interest were declared.

  • Resolution #2021-041
    Moved By:Councillor Parker
    Seconded By:Councillor Esseltine

    THAT the minutes of the regular Council meetings held on January 11, 2021 and January 18, 2021, and the minutes of the Council Budget meeting held on January 18, 2021, be approved.

    Carried

Mark Renaud, Executive Director, Tillsonburg BIA, appeared before Council to provide an overview of the Tillsonburg BIA's request. The Board is requesting a one-time consideration of and by the Town of Tillsonburg to fund the 2020 BIA tax-adjustment in the amount of $16,331.41 from the Town’s tax stabilization reserve.

Cedric Tomico, BIA Board Chair and Dan Rasokas, BIA Board Treasurer, were also present. 

Opportunity was provided for comments and questions from Council. 

Mr. Renaud noted that the tax-adjustment was unexpected and has resulted in a cash flow challenge. The next tax levy payment will not be received until March 31, 2021 which will impact the BIA's 2021 business plan if the Town does not provide assistance in the interim. Mr. Renaud noted that the Board would like the Town to consider a change to the current payment schedule to help mitigate cash flow challenges in the future. 

It was asked what the normal Q4 tax levy payment amount is compared to what the Board received in December 2020. 

There was discussion regarding forgiveness of the entire amount or requiring the BIA to repay the amount by year end in accordance with the Municipal Act.

There was discussion about developing a tax levy write off policy.

Staff were asked to provide a recommendation. Staff recommended borrowing from the tax rate stabilization reserve would be ideal, as the interest rate would be minimal and it would require less paperwork which could allow monies to be provided within a week's time. 

Staff noted the tax-adjustment covered the past three years (2017-2020).

  • Resolution #2021-042
    Moved By:Councillor Esseltine
    Seconded By:Councillor Luciani

    THAT Council receives the Tillsonburg BIA delegation, as information;

    AND THAT Council authorize the Tillsonburg BIA to borrow $16,331.41 from the Town's Tax Rate Stabilization Fund;

    AND THAT the Tillsonburg BIA be required to repay this amount by December 31, 2021.

    Carried

Mayor Molnar provided a local update.

Councillor Gilvesy shared an updated from a meeting of the Rural Ontario Municipal Association (ROMA) in which the Health Minister confirmed that rapid tests have been approved and that the Ontario government is expecting to receive 3 million rapid tests. 

  • Resolution #2021-043
    Moved By:Councillor Rosehart
    Seconded By:Councillor Gilvesy

    THAT Council receives the correspondence from the Tillsonburg Horticultural Society dated January 21, 2021, as information.

    Carried

Opportunity was provided for comments and questions from Council.

It was asked if current BIA members would have the right to vote on the expansion. Staff confirmed only those in the proposed expanded BIA area would vote. 

It was asked about the timing of this process and how the Town would communicate with businesses in the proposed BIA area which are currently closed due to COVID. 

Staff noted the Town would work closely with the BIA to balance the expectations of Council as well as meeting the requirements under the Municipal Act. The Town would have contact information for businesses in the proposed BIA area. 

It was asked what costs would be involved, how quickly the process would be completed, when the new boundary would come into effect and if the process could be stopped mid-way through. Staff do not have full costs at this time and noted that based on the requirements under the Municipal Act this process could likely be completed prior to year end. Staff can confirm when the boundary would come into effect and if the process can be stopped. 

  • Resolution #2021-044
    Moved By:Councillor Luciani
    Seconded By:Deputy Mayor Beres

    THAT Council receives the report BIA’s Boundary Expansion Request;

    AND THAT Council direct staff to proceed with the boundary expansion request. 

    Councillor Rosehart called for a recorded vote. 

    Councillor Rosehart - No

    Deputy Mayor Beres - Yes

    Councillor Esseltine - Yes

    Councillor Gilvesy - Absent due to pecuniary interest

    Councillor Luciani - Yes

    Mayor Molnar - No

    Councillor Parker - No

    Defeated.


Opportunity was provided for comments and questions from Council.

It was asked if this policy would cover thunderstorms and who currently has the authority to close facilities. Staff confirmed the intent of the policy is to cover all adverse weather conditions in the Town. Currently authority to close facilities is at the department level.

It was suggested to include residents in the policy statement.

Clarification was sought regarding the CAO's designate.

Staff noted it is recommended that the policy be reviewed in 2022. 

  • Resolution #2021-045
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Luciani

    THAT the Inclement Weather Policy be adopted and that the CAO be given the authority to close certain facilities in the case of certain adverse weather conditions.

    Carried

Cephas Panschow, Development Commissioner, was present to answer questions.

Opportunity was provided for comments and questions from Council.

Staff confirmed that the comment received from the Tillsonburg BIA was from the Executive Director and not the Board.  

It was asked what the intended use was of the original grant of $3,000. Staff confirmed the grant was an Accessibility Renovation Grant to support a wheelchair ramp for access to the new deck and the interior of the restaurant.

  • Resolution #2021-046
    Moved By:Councillor Gilvesy
    Seconded By:Councillor Rosehart

    THAT Council receives report DCS 21-01 Community Improvement Plan Application – 38 Ridout Street West as information.

    Carried

Geno Vanhaelewyn, Chief Building Official, was present to answer questions.

Opportunity was provided for comments and questions from Council.

Staff noted that the licence fees increase as of February 28. If an owner acquires a new pet after February 28 and before November 1, they will be required to pay a fixed amount equal to one-half of the annual registration fee as set out in the current Rates and Fees By-Law. November 1 is when sales begin for the upcoming year. 

Clarification was sought regarding the definition of a person residing in the Town temporarily. 

Staff noted that Owner's should licence their pets in the municipality of their primary residence. A By-Law Enforcement Officer can make the determination of whether the temporary clause is being abused and in which municipality the animal should be licenced.

  • Resolution #2021-047
    Moved By:Councillor Parker
    Seconded By:Councillor Esseltine

    THAT Council receives report DCS 21-02 Animal Care and Control By-Law for information;

    AND THAT a By-Law to regulate the licensing and control of animals in the Town of Tillsonburg be brought forward for Council’s consideration.

    Carried
  • Resolution #2021-048
    Moved By:Councillor Esseltine
    Seconded By:Councillor Luciani

    THAT Council receives report DCS 21-03 Offers to Purchase – 29 Cedar Street Property;

    AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with East Elgin Concrete Forming Limited for the property described as part of Lot 22, Plan 966, and more specifically described as Parts 2 and 3 on the draft reference plan;

    AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Trevor and Lynn Mudford for the property described as part of Lot 22, Plan 966, and more specifically described as Part 1 on the draft reference plan.

    Carried

14.4

Opportunity was provided for comments and questions from Council.

Clarification was sought regarding the use of monies in trusts and reserves.  

  • Resolution #2021-049
    Moved By:Councillor Rosehart
    Seconded By:Councillor Gilvesy

    THAT Council receives report FIN 21-06 2020 Annual Investment Report as information.

    Carried

Councillor Gilvesy commended staff and the Airport Advisory Committee for their efforts to grow the airport. It was suggested that the airport will require an expansion in the future to meet growth.

  • Resolution #2021-050
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Luciani

    THAT Council receives report OPS 21-02 Airport Hangar Land Lease Taxiway G1 Lot 5;

    AND THAT a By-law to execute the Hanger Land Lease Agreement for Taxiway G1 Lot 5 with Escalade Property Corp. be brought forward for Council consideration.

    Carried

Opportunity was provided for comments and questions from Council.

A question was asked about the installation and maintenance of memorial benches. 

Clarification was sought for item 10.16 which allows for the cemetery operator to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Cemetery Operator. 

A question was asked about the planting of trees and if the proposed by-law addressed lessening maintenance requirements for staff. Staff noted the By-Law allows the Town to determine the placement of trees/plants in a complimentary manner within the cemetery and in which does not impact services. This By-Law has addressed lessening the maintenance requirements.  

It was suggested that flower beds should not be created if they can't be maintained in the future. Staff noted that the Town would reserve the right to remove anything in contradiction to the By-Law and that in discussions with families, staff use judgement and respect for families to implement this to the best of their ability. 

It was suggested that communication with cemetery users needs to be improved to ensure follow through on maintenance requirements. 

  • Resolution #2021-051
    Moved By:Councillor Luciani
    Seconded By:Councillor Esseltine

    THAT report RCP 21-02 New Cemetery By-Law, be received as information;

    AND THAT a By-Law to govern the operations of the Tillsonburg Cemetery, and to repeal By-Law 3640, be brought forward for Council’s consideration;

    AND THAT in accordance with the Funeral, Burial, and Cremation Services Act, 2002, the provisions of this By-Law shall come into force and take effect upon the date of approval of this By-Law by the Registrar of the Funeral, Burial and Cremation Services Act.

    Carried

It was suggested that a plaque in recognition of the donation be installed with permission of the family. 

  • Resolution #2021-052
    Moved By:Councillor Parker
    Seconded By:Councillor Luciani

    THAT report RCP 21-03 John & Liz Lessif – Lake Lisgar Water Quality Legacy Gift Agreement, be received as information;

    AND THAT Council acknowledge the generous gesture put forward by John & Liz Lessif to be utilized for the future care and improvement to Lake Lisgar within the Town of Tillsonburg;

    AND THAT Council enact a By-Law to establish “The John & Liz Lessif Lake Lisgar Water Quality Legacy Gift Agreement” as outlined within this report.

    Carried
  • Resolution #2021-053
    Moved By:Councillor Gilvesy
    Seconded By:Councillor Rosehart

    THAT Council receive the Economic Development Advisory Committee minutes dated January 12, 2021 and the Tillsonburg Airport Advisory Committee minutes dated November 19, 2020, as information.

    Carried
  • Resolution #2021-054
    Moved By:Deputy Mayor Beres
    Seconded By:Councillor Luciani

    THAT Council receive the Long Point Region Conservation Authority minutes dated December 2, 2020, as information.

    Carried

19.

  • Resolution #2021-055
    Moved By:Councillor Rosehart
    Seconded By:Councillor Gilvesy

    THAT the By-Law to govern the operations of the Tillsonburg Cemetery and to repeal By-Law 3640, be considered separately.

    Carried
  • Resolution #2021-056
    Moved By:Councillor Parker
    Seconded By:Councillor Luciani

    ​THAT By-Law 2021-010, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-17); and

    By-Law 2021-011, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-18); and

    By-Law 2021-012, to authorize an agreement with the Tillsonburg Fire Fighters Association; and

    By-Law 2021-013, to regulate licensing and control of animals in the Town of Tillsonburg; and

    By-Law 2021-014, to authorize an agreement of purchase and sale with East Elgin Concrete Forming Limited; and

    By-Law 2021-015, to authorize an agreement of purchase and sale with Trevor and Lynn Mudford; and

    By-law 2021-016, to authorize a Hanger Land Lease Agreement with Escalade Property Corp.; and

    By-Law 2021-017, to establish The John and Liz Lessif Lake Lisgar Water Quality Legacy Gift Agreement, 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 confirmed that the proposed Cemetery By-Law was first reviewed by the Parks, Beautification and Cemetery Advisory Committee at two meetings in 2020, as well as reviewed by the Bereavement Authority of Ontario prior to being brought forward. Notice of the proposed By-Law was advertised in the newspaper and posted online. The entire process took about three months to complete.

    Staff can make the Committee aware of proposed changes and notify Council if the Committee has any concerns. 

    Resolution #2021-057
    Moved By:Councillor Parker
    Seconded By:Councillor Luciani

    THAT a By-Law to govern the operations of the Tillsonburg Cemetery and to repeal By-Law 3640, be read for a first and second reading and that the by-law be brought forward with proposed amendments regarding the placement of shrubs and ornaments around grave stones, and that options be provided to Council.

    Carried
  • Resolution #2021-058
    Moved By:Councillor Esseltine
    Seconded By:Councillor Parker

    THAT By-Law 2021-009, to Confirm the Proceedings of the Council meeting held on January 25, 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

Staff shared a reminder that hockey and ringette are currently prohibited by the Province and asked that residents please not conduct these prohibited activities at the J.L. Scott Mclean Outdoor Recreation Pad.

  • Resolution #2021-059
    Moved By:Councillor Rosehart
    Seconded By:Councillor Gilvesy

    THAT the Council meeting of January 25, 2021 be adjourned at 8:17 p.m.

    Carried