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150928 Council= ATTENDANCE Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services Tricia Smith, Deputy Clerk Regrets: Mayor Stephen Molnar 1. Call to Order The meeting was called to order at 6:10 p.m. 2. Closed Session Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: A matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act (THI). Carried. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, September 28, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Agenda - 2 - 3. Adoption of Agenda Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Monday, September 28, 2015, be adopted. Carried. 4. Moment of Silence 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 6.1. Minutes of the Meeting of September 14, 2015 Minutes, September 14, 2015 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Minutes of the Council Meeting of September 14, 2015 be approved. Carried. 7. Delegations and Presentations 7.1. Rotary Tillsonburg - Jack Parker, Committee Chairman Rotary Delegation Request Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the delegation regarding outdoor fitness equipment as information; AND THAT Council approve the placement of adult fitness equipment in priniciple with locations to be determined by the Rotary Club in conjunction with the Director of Parks & Recreation; AND THAT the Director provide a report at the October 13, 2015 Council meeting. Carried. 7.2. Helping Hand Food Bank Annual Food Blitz - Joan Clarkson, Coordinator Delegation - Helping Hand Food Bank Council Meeting – Agenda - 3 - Moved By: Councillor Adam Seconded By: Councillor Rosehart THAT Council receives the delegation regarding the Helping Hand Food Bank Annual Food Blitz as information. Carried. 7.3. Community Transportation Pilot Grant Operations Update - John Verbakel, Chair & John Preston, Transportation Coordinator Delegation - CTPPSC Update Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the presentation by John Verbakel and John Preston regarding the Community Transportation Pilot Grant Operations update as information. Carried. 7.4. Heritage, Beautification & Cemetery Advisory Committee, Cemetery By-Law Amendment - Robert Marsden, Chair Delegation Request - Heritage & Beautification Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the delegation from the Heritage, Beautification & Cemetery Advisory Committee regarding the Cemetery By-Law amendment, as information. Carried. 7.5. Trans-Canada Trail Extension - Tony Slattery 7.6. Trans-Canada Trail Extension - Steve DiLella 7.7. Trans-Canada Trail Extension - Rick Samways Delegation - Rick Samways 7.8. Trans-Canada Trail Extension - John Vieraitis, Rural Landowner in Norwich Township Delegation - John Vieraitis 7.9. Trans-Canada Trail Extension - Dan Mahony & Anne Stancek Delegation - TransCanada Trail Extention Council Meeting – Agenda - 4 - Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the delegations by Tony Slattery, Steve DiLella, Rick Samways, John Vieraitis and Dan Mahony & Anne Stancek regarding the Trans-Canada Trail Extension as information; AND THAT Council forward the information provided for in the delegations for consideration of Report RCP 15-36 - Trans Canada Trail Expansion Project. Carried. 7.10. Recreation, Culture & Park Services 7.10.1. RCP 15-36 – Trans Canada Trail Expansion Project RCP 15-36 - Trans Canada Trail Expansion Project OCTMP Map 3.13 Proposed Priority Projects RCP 14-42 - Trans Canada Trail Expansion Via South Oxford Link PRS 13-12 - Regional Trail Expansion Opportunity PW 2015-53 TRANS CANADA TRAIL Councillor Rosehart requested a Recorded Vote. Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives report RCP 15-36 – Trans Canada Trail Expansion Project; AND THAT Council approves proceeding with development of the Trans Canada Trail link to Norfolk County as outlined in report RCP 15-36; AND THAT Staff be authorized to develop a partnership agreement with the County of Oxford for the development and on-going maintenance of the Trans Canada Trail within Oxford County including: a) Sharing net capital costs on an 85/15 (County/Town) based on $310,000; b) Repayment terms to the County for the Town of Tillsonburg’s 15% capital contribution; c) 50/50 sharing of annual operating costs of the proposed Trans Canada Trail. Council Meeting – Agenda - 5 - The recorded vote reflects the vote is (4) in favour of the Motion and (2) against the Motion. The Motion is Carried. Council took a recess at 8:45 p.m. Council resumed at 8:57 p.m. 8. Public Meetings Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into the Committee of Adjustment to hear Applications for Minor Variance at 8:58 p.m. Carried. 8.1. Application for Minor Variance- A-08/15- Harry Layman, 156 Bidwell Street A-08/15 Report Report Attachments This application was deferred at the request of the applicant in order for the applicant to provide an amended application. 8.2. Application for Minor Variance- A-09/15, Dale Springer, 138 Broadway A-09/15 Report Report Attachments Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-09/15. Opportunity was given for comments and questions. NAME VOTE IN FAVOUR VOTE AGAINST Councillor Rosehart X Councillor Stephenson X Councillor Adam X Deputy Mayor Beres X Councillor Esseltine X Councillor Hayes X Council Meeting – Agenda - 6 - No person appeared in opposition, or support of the application. The Committee of Adjustment passed the following resolution: Moved By: Councillor Hayes Seconded By: Councillor Rosehart That the Town of Tillsonburg Committee of Adjustment approve Application File A-09/15, submitted by Dale Springer, for lands described as Part Lot 1070, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 27 spaces (1 per 20 m2 of gross floor area) to 3 spaces to facilitate the replacement of an existing commercial building; Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg; and, 2. That the Committee adopt the following additional relief without further circulation of public notice: Relief from Section 5.24.2.2 – Accessible Parking, to decrease the minimum required accessible parking spaces from 2 to nil. Carried. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move out of the Committee of Adjustment and move back into regular session at 9:10 p.m. Carried. 8.3. Applications for Official Plan Amendment & Zoning Change (OP 15-06-7 & ZN 7-15-06) Rego Management Inc. - 253 Broadway CASPO 2015-195 Report Mapping Key Map Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report OP 15-06-7 & ZN 7-15-06. Opportunity was given for comments and questions. The Applicant, Cliff Stephens, Rego Management appeared before Council and spoke to the application. The applicant provided an explanation about the type of units proposed within the development and parking for tenants. Council Meeting – Agenda - 7 - Mr. James Battin, Solicitor for the neighbouring Verhoeve Funeral Home spoke against the application and the impact on the streetscape of the downtown and adopts the notes provided by Mr. Szorenyi. Mr. George Gilvesy of Gilvesy Properties spoke to his concerns on this development. He supports a new development, however has concerns regarding the shortfall of onsite parking. Angela Lassam expressed concern on the value of her property once the development takes place and suggested there would be an issue with the fire route on Fox Alley. Tom Logan appeared before council to speak against the application. He suggested that parking would be an issue and the building envelope would not fit within the downtown. George Stuyt of George’s Auto Repair expressed that parking was an issue in the past, and this issue remains. Brenda House appeared before Council to speak against the application. Ms. House noted that there is a bus stop at the proposed development location and increased traffic could pose a risk to those children. Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 1. THAT Council support the application to amend the Oxford County Official Plan (File No. OP 15-02-7) as submitted by Rego Management Inc, for lands located at 253 Broadway, in the Town of Tillsonburg to establish a special development policy to permit a 3 storey mixed use building with an increased residential density as an additional permitted use on the Entrepreneurial District designated lands; 2. THAT Council approve-in-principle the zone change application submitted by Rego Management Inc, whereby the lands described as Lot 944 & Part Lot 945, Plan 500, known municipally as 253 Broadway, are to be rezoned from Special Entrepreneurial Zone (EC-2) to Special Entrepreneurial Zone (EC-sp). Motion to Defer Main Motion: Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT the application be deferred until further information can be provided to Council to address the issues brought up tonight. Carried. Council Meeting – Agenda - 8 - 9. Information Items 9.1. Recycling Council of Ontario Recycling Council of Ontario Correspondence 9.2. Dutch-Canadian Friendship Tulip Garden for Tillsonburg Dutch-Canadian Friendship Tulip Garden Announcement Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives items 9.1 and 9.2, as information. Carried. 10. Reports from Departments 10.1. Clerk’s Office 10.1.1. CL 15-20 Ontario's Municipal Legislative Review CL 15-20 legislation Review (4) Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report CL 15-20, Ontario's Municipal Legislative Review as information. Carried. 10.1.2. CL 15-24 Bill 8, Public Sector and MPP Accountability and Transparency Act CL 15-24 Bill 8 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report CL 15-24, Bill 8 as information; AND THAT staff report to Council on policy updates required in response to Bill 8. Carried. Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council suspends Section 4.3.2 of Procedural By-Law 3511, to allow the meeting to be extended past the curfew of 10:30 p.m. Carried. Council Meeting – Agenda - 9 - 10.1.3. CL 15-23 - Retail Shopping Cart Removal & Abandonment CL 15-23 - Retail Shopping Cart Removal & Abandonment Moved By: Councillor Adam Seconded By: Councillor Hayes THAT Council receives report CL 15-23, Retail Shopping Cart Removal & Abandonment as information. Carried. 10.2. Development and Communication Services 10.2.1. DCS 15-43, Conditional Building Permits and Agreements DCS 15-43 - Conditional Building Permits and Agreements Conditional Building Permit Agreement - TEMPLATE Moved By: Councillor Adam Seconded By: Councillor Hayes THAT Council receives Report DSC 15-43 Conditional Building Permits and Agreements; AND THAT Council authorize the Chief Building Official, after consultation with the Chief Administrative Officer, to enter into conditional permit agreements; AND FURTHER THAT the Chief Building Official is hereby authorized to determine the release and subsequent removal of registered agreements from the Land Registry System. Carried. 10.2.2. DCS 15-40 Community Improvement Plan Application – 102 Broadway Report DCS 15-40 Community Improvement Plan Application ? 102 Broadway Application Letter in Support Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DCS 15-40 Community Improvement Plan Application – 102 Broadway; AND THAT the 102 Broadway property be approved for growth related property tax rebates, related to enhancements of the property, for a four year period based on a 60% rebate in 2016, 50% in 2017, 40% in 2018 and 30% in 2019 with full property taxes being payable in 2020. Carried. Council Meeting – Agenda - 10 - 10.2.3. DCS 15-41 Airport Hangar Land Lease Report DCS 15-41 Airport Hangar Land Lease Airport Land Lease Kniss Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report DCS 15-41 Airport Hangar Land Lease; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into a lease agreement with Mark Kniss for the construction of a 4,800 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2035 subject to the terms and conditions contained within the lease agreement. Carried. 10.2.4. DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board Report DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board Presentation MOU Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute the Memorandum of Understanding between the Corporation of the Town of Tillsonburg and the Elgin Middlesex Oxford Workforce Planning and Development Board. Carried. 10.3. Finance 10.3.1. FIN 15-37 Issuance of Debt FIN 15-37 Issuance of Debt annual repayment limit 092815 Bylaw 3948 issuance of debt 092815 Council Meeting – Agenda - 11 - Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives report FIN 15-37 Issuance of Debt; AND THAT Council receives the updated annual repayment limit calculation; AND THAT Council consider By-Law 3948 for three readings for the issuance of debt. Carried. 10.3.2. FIN 15-38 2016 Draft Budget Schedule FIN 15-38 Draft Budget Schedule Moved By: Councillor Adam Seconded By: Councillor Rosehart THAT Council receives report FIN 15-38 Draft Budget Schedule as information. Carried. 10.4. Operations 10.4.1. OPS 15-32 Results for Tender #T2015-012 CCTV and Sewer Flushing OPS 15-32 Results for Tender #T2015-012 CCTV and Sewer Flushing Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 15-32, Results for Tender #T2015-012, CCTV & Sewer Flushing; AND THAT Council award Tender #T2015-012 to CC Dance Sewer Cleaning Incorporated of Aylmer, Ontario at a cost of $39,650.78 (net HST included), the lowest bid received satisfying all Tender requirements; AND THAT Mayor and Clerk be authorized to execute the necessary documents to award the tender to CC Dance Sewer Cleaning Incorporated for the CCTV and Sewer Flushing contract. Carried. 10.4.2. OPS 15-33 Fleet Replacement Strategy OPS 15-33 Fleet Replacement Strategy Council Meeting – Agenda - 12 - Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report OPS 15-33 Fleet Replacement Strategy; AND THAT Council adopts the Fleet Replacement Strategy as the standardized approach to identifying fleet and equipment replacement needs. Carried. 10.4.3. RCP 15-38 – Soccer Park Wayward Ball Fence Procurement RCP 15-38 - Soccer Park Wayward Ball Fence Procurement Email from TMSC President Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives report RCP 15-38 – Soccer Park Wayward Ball Fence Procurement; AND THAT Council approve the budgeted $50,000 to be used in burying the Hydro cable and related expenses in 2015; AND THAT Council retain the $16,188 contribution towards the fence received from Performance Communities Realty Incorporated for the fencing budget in 2016. Carried. 10.4.4. RCP 15-41 – Amendment to the Cemetery By-Law RCP 15-41 - Amendment to the Cemetery By-Law DRAFT CEMETERY BY-LAW AMENDMENT BY-LAW 3640 - OPERATION OF MUNICIPAL CEMETERIES Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives report RCP 15-41 – Amendment to the Cemetery By- Law; AND THAT a by-law be brought forward for Council consideration; AND THAT Council authorizes staff to submit the proposed amendments to the Provincial Cemetery Registrar for approval. Carried. Council Meeting – Agenda - 13 - 11. Staff Information Reports 11.1. CL 15-24 - Local Government Week CL 15-24 - Local Government Week Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report CL 15-24 regarding Local Government Week as information. Carried. 11.2. FIN 15-39 OILC Revised Debt By-Law FIN 15-39 OILC Revised Debt By-Law Bylaw 3954 OILC Ongoing Projects Lower Tier Comments from OILC Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report FIN 15-39 OILC Revised Debt By-Law as information. Carried. 11.3. OPS MEMO - Quarter Town Line & Concession Street Intersection Background Information OPS MEMO - Quarter Town Line & Concession Street Intersection Background Information Attachment 1 - 2008 All Way Stop Warrant Analysis Attachment 2 - 2014 OPP Collision Data Attachment 3 - 2014 All Way Stop Warrant Analysis Attachment 4 - TPSB Letter and Petition Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives OPS Memo - Quarter Town Line & Concession Street Intersection Background Information; THAT By-Law 3955 be brought forward for Council consideration. Carried. 11.4. RCP 15-42 – Storage for Tillsonburg Scout Association RCP 15-42 - Storage for Tillsonburg Scout Association Storage Location Sketch Council Meeting – Agenda - 14 - Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives report RCP 15-42 – Storage for Tillsonburg Scout Association for information. Carried. 12. Committee Minutes & Reports 12.1. Accessibility Advisory Committee Minutes Accessibility Advisory Committee Minutes, June 03, 2015 Accessibility Advisory Committee Minutes, September 09, 2015 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Minutes of the Accessibility Advisory Committee Minutes of June 3, 2015 and September 09, 2015. AND THAT Council directs staff to investigate the costs of Audio Traffic Signals in the Town of Tillsonburg; AND THAT those costs be considered during the 2016 budget deliberations. Carried. 12.2. Airport Advisory Committee Minutes Airport Advisory Committee Minutes, June 15, 2015 Airport Advisory Committee Minutes, July 02, 2015 Airport Advisory Committee Minutes, July 21, 2015 12.3. Tillsonburg Awards Committee - Minutes Minutes, August, 2015 12.4. Tillsonburg Development Committee Minutes, August 11, 2015 Development Committee Minutes, August 11, 2015 12.5. Town Hall Steering Committee Minutes - Minutes, July, 2015 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Tillsonburg Development Committee minutes of August 11, 2015, the Airport Advisory Committee minutes of June 15, 2015, July 02, 2015 and July 21, 2015, the Tillsonburg Awards Committee minutes of August 05, 2015 and the Town Hall Steering Committee minutes of July 15, 2015 as information. Carried. Council Meeting – Agenda - 15 - 13. Notice of Motions Moved By: Councillor Adam THAT the Town of Tillsonburg with the approval of the County, install a four-way stop at the intersection of North Street and Quarterline Road. Moved By: Councillor Adam THAT staff be directed to compose a report outlining budget pressures and overages, and develop a strategy with options about how to potentially balance the 2015 budget; AND THAT the Council for the Town of Tillsonburg adopt a debt reduction strategy for the remainder of this term of Council (2016-2018). 14. By-Laws By-Laws from the Meeting of Monday, September 28, 2015 Moved By: Councillor Adam Seconded By: Councillor Stephenson 14.1. THAT By-Law 3946, Cemetery By-Law Amendment; AND THAT By-Law 3947, being a By-Law to Amend Zoning By-law 3295 (ZN 7-15-05); AND THAT Bylaw 3948, Issuance of Debt; AND THAT By-Law 3949, to Authorize an Airport Hanger Land Lease Agreement between the Town of Tillsonburg and Mark Kniss, Lease; AND THAT By-Law 3953, to Repeal By-Law 3944; AND THAT Bylaw 3954, Issuance of OILC Debt; AND THAT Bylaw 3955, to amend By-Law 3701, To Regulate Traffic and the Parking of Motor Vehicles in the Town of Tillsonburg, be read for a first, second and third and final reading and that the Deputy Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried. 14.2. THAT By-Law 3951, Confirming By-Law to confirm the proceedings of Council at its meetings held on the 28th day of September, 2015, be read for a first, second, and third and final time and that the Deputy Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried. Moved By: Councillor Adam Seconded By: Councillor Stephenson Council Meeting – Agenda - 16 - 15. Items of Public Interest 16. Adjournment Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, September 28, 2015 be adjourned at 11:29 p.m. Carried. Table of Contents Agenda 5 Minutes, September 14, 2015 Minutes, September 14, 2015 17 Rotary Tillsonburg Rotary Delegation Request 30 Rotary Tillsonburg - Jack Parker, Committee Chairman Rotary Delegation Request 32 Helping Hand Food Bank Annual Food Blitz - Joan Clarkson, Coordinator Delegation - Helping Hand Food Bank 34 Community Transportation Pilot Grant Operations Update - John Verbakel, Chair & John Preston, Transportation Coordinator Delegation - CTPPSC Update 37 Community Transportation Presentation 40 Heritage, Beautification & Cemetery Advisory Committee, Cemetery By-Law Amendment - Robert Marsden, Chair Delegation Request - Heritage & Beautification 49 Trans-Canada Trail Extension - Rick Samways Delegation - Rick Samways 51 Trans-Canada Trail Extension - John Vieraitis, Rural Landowner in Norwich Township Delegation - John Vieraitis 54 Trans-Canada Trail Extension - Dan Mahony & Anne Stancek Delegation - TransCanada Trail Extention 57 Application for Minor Variance- A-08/15- Harry Layman, 156 Bidwell Street A-08/15 Report 60 Report Attachments 64 Application for Minor Variance- A-09/15, Dale Springer, 138 Broadway A-09/15 Report 68 Report Attachments 72 Applications for Official Plan Amendment & Zoning Change (OP 15-06-7 & ZN 7-15-06) CASPO 2015-195 76 Report Mapping 84 Key Map 91 Recycling Council of Ontario Recycling Council of Ontario Correspondence 92 Dutch-Canadian Friendship Tulip Garden for Tillsonburg Dutch-Canadian Friendship Tulip Garden Announcement 94 CL 15-20 Ontario's Municipal Legislative Review CL 15-20 legislation Review (4)98 1 CL 15-24 Bill 8, Public Sector and MPP Accountability and Transparency Act CL 15-24 Bill 8 104 CL 15-23 - Retail Shopping Cart Removal & Abandonment CL 15-23 - Retail Shopping Cart Removal & Abandonment 109 DCS 15-43, Conditional Building Permits and Agreements DCS 15-43 - Conditional Building Permits and Agreements 116 Conditional Building Permit Agreement - TEMPLATE 119 DCS 15-40 Community Improvement Plan Application – 102 Broadway Report DCS 15-40 Community Improvement Plan Application ? 102 Broadway 123 Application 126 Letter in Support 130 DCS 15-41 Airport Hangar Land Lease Report DCS 15-41 Airport Hangar Land Lease 131 Airport Land Lease Kniss 135 DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board Report DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board 145 Presentation 147 MOU 155 FIN 15-37 Issuance of Debt FIN 15-37 Issuance of Debt 157 annual repayment limit 092815 159 Bylaw 3948 issuance of debt 092815 160 FIN 15-38 2016 Draft Budget Schedule FIN 15-38 Draft Budget Schedule 162 OPS 15-32 Results for Tender #T2015-012 CCTV and Sewer Flushing OPS 15-32 Results for Tender #T2015-012 CCTV and Sewer Flushing 163 OPS 15-33 Fleet Replacement Strategy OPS 15-33 Fleet Replacement Strategy 165 RCP 15-36 – Trans Canada Trail Expansion Project RCP 15-36 - Trans Canada Trail Expansion Project 174 OCTMP Map 3.13 Proposed Priority Projects 178 RCP 14-42 - Trans Canada Trail Expansion Via South Oxford Link 179 PRS 13-12 - Regional Trail Expansion Opportunity 182 PW 2015-53 TRANS CANADA TRAIL 184 RCP 15-38 – Soccer Park Wayward Ball Fence Procurement RCP 15-38 - Soccer Park Wayward Ball Fence Procurement 190 2 Email from TMSC President 193 RCP 15-41 – Amendment to the Cemetery By-Law RCP 15-41 - Amendment to the Cemetery By-Law 195 DRAFT CEMETERY BY-LAW AMENDMENT 197 BY-LAW 3640 - OPERATION OF MUNICIPAL CEMETERIES 200 CL 15-24 - Local Government Week CL 15-24 - Local Government Week 207 FIN 15-39 OILC Revised Debt By-Law FIN 15-39 OILC Revised Debt By-Law 209 Bylaw 3954 OILC Ongoing Projects Lower Tier 210 Comments from OILC 243 OPS MEMO - Quarter Town Line & Concession Street Intersection Background Information OPS MEMO - Quarter Town Line & Concession Street Intersection Background Information 244 Attachment 1 - 2008 All Way Stop Warrant Analysis 245 Attachment 2 - 2014 OPP Collision Data 246 Attachment 3 - 2014 All Way Stop Warrant Analysis 250 Attachment 4 - TPSB Letter and Petition 251 RCP 15-42 – Storage for Tillsonburg Scout Association RCP 15-42 - Storage for Tillsonburg Scout Association 255 Storage Location Sketch 257 Accessibility Advisory Committee Minutes Accessibility Advisory Committee Minutes, June 03, 2015 258 Accessibility Advisory Committee Minutes, September 09, 2015 260 Airport Advisory Committee Minutes Airport Advisory Committee Minutes, June 15, 2015 262 Airport Advisory Committee Minutes, July 02, 2015 266 Airport Advisory Committee Minutes, July 21, 2015 269 Tillsonburg Awards Committee - Minutes Minutes, August, 2015 271 Tillsonburg Development Committee Minutes, August 11, 2015 Development Committee Minutes, August 11, 2015 274 Town Hall Steering Committee Minutes - Minutes, July, 2015 278 By-Law 3946 - Cemetery By-Law Amendment By-Law 3946 281 By-law 3947, Being a By-Law to Amend Zoning By-law 3295 (ZN 7-15-05) By-Law 3947 284 Schedule A 286 By Law 3948 Issuance of Debt Bylaw 3948 issuance of debt 092815 287 3 By-law 3949, To Authorize an Airport Hanger Land Lease Agreement between the Town of Tillsonburg and Mark Kniss Lease 289 By-Law 3949 Airport Hanger Land Lease Kniss 299 By-Law 3954 Issuance of OILC Debt Bylaw 3954 OILC Ongoing Projects Lower Tier 300 By-Law 3953 to Repeal By-Law 3944 By-Law 3953 repeal 3944 OILC 333 By-Law 3955, To amend By-Law 3701, To Regulate Traffic and the Parking of Motor Vehicles in the Town of Tillsonburg Bylaw Amendment 3955 doc 334 By-Law 3951, Confirming By-Law By-Law 3951 335 4 = 1. Call to Order 2. Closed Session Moved By: Seconded By: Proposed Resolution #1 THAT Council move into Closed Session to consider: A matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act (THI). 3. Adoption of Agenda Moved By: Seconded By: Proposed Resolution #2 THAT the Agenda as prepared for the Council meeting of Monday, September 28, 2015 , be adopted. 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of September 14, 2015 Minutes, September 14, 2015 Moved By: Seconded By: Proposed Resolution #3 THAT the Minutes of the Council Meeting of September 14, 2015 be approved. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, September 28, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 5 Council Meeting – Agenda - 2 - 7.Delegations and Presentations 7.1. Rotary Tillsonburg - Jack Parker, Committee Chairman Rotary Delegation Request Moved By: Seconded By: Proposed Resolution #4 THAT Council receives the delegation regarding outdoor fitness equipment as information. 7.2. Helping Hand Food Bank Annual Food Blitz - Joan Clarkson, Coordinator Delegation - Helping Hand Food Bank Moved By: Seconded By: Proposed Resolution #5 THAT Council receives the delegation regarding the Helping Hand Food Bank Annual Food Blitz as information. 7.3. Community Transportation Pilot Grant Operations Update - John Verbakel, Chair & John Preston, Transportation Coordinator Delegation - CTPPSC Update Moved By: Seconded By: Proposed Resolution #6 THAT Council receives the presentation by John Verbakel and John Preston regarding the Community Transportation Pilot Grant Operations update as information. 7.4. Heritage, Beautification & Cemetery Advisory Committee, Cemetery By-Law Amendment - Robert Marsden, Chair Delegation Request - Heritage & Beautification Moved By: Seconded By: Proposed Resolution #7 THAT Council receive the presentation from the Heritage, Beautification Committee, as information. 7.5. Trans-Canada Trail Extension - Tony Slattery 7.6. Trans-Canada Trail Extension - Steve DiLella 7.7. Trans-Canada Trail Extension - Rick Samways Delegation - Rick Samways 6 Council Meeting – Agenda - 3 - 7.8. Trans-Canada Trail Extension - John Vieraitis, Rural Landowner in Norwich Township Delegation - John Vieraitis 7.9. Trans-Canada Trail Extension - Dan Mahony & Anne Stancek Delegation - TransCanada Trail Extention Moved By: Seconded By: Proposed Resolution #8 THAT Council receives the delegations by Dan Mahony and Anne Stancek, Rick Samways, Steve DiLella, John Vieraitis and Tony Slattery regarding the Trans-Canada Trail Extension as information; AND THAT Council forward the information provided for in the delegations for consideration of Report RCP 15-36 - Trans Canada Trail Expansion Project. 8. Public Meetings 8.1. Application for Minor Variance- A-08/15- Harry Layman, 156 Bidwell Street A-08/15 Report Report Attachments Moved By: Seconded By: Proposed Resolution #9 That the Town of Tillsonburg Committee of Adjustment approve Application File A-08/15, submitted by Harry Layman, for lands described as Lot 912, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to increase the maximum permitted lot coverage from 50 m2 (538 ft2) to 70 m2 (750 ft2) to permit the construction of a detached accessory building; subject to the following condition: i. The existing frame sheds, identified on Plate 3 of Report No. 2015-198, be removed to the satisfaction of the Town of Tillsonburg Building Services Department. 8.2. Application for Minor Variance- A-09/15, Dale Springer, 138 Broadway A-09/15 Report Report Attachments 7 Council Meeting – Agenda - 4 - Moved By: Seconded By: Proposed Resolution #10 That the Town of Tillsonburg Committee of Adjustment approve Application File A-09/15, submitted by Dale Springer, for lands described as Part Lot 1070, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 27 spaces (1 per 20 m2 of gross floor area) to 3 spaces to facilitate the replacement of an existing commercial building; Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg; and, 2. That the Committee adopt the following additional relief without further circulation of public notice: Relief from Section 5.24.2.2 – Accessible Parking, to decrease the minimum required accessible parking spaces from 2 to nil. 8.3. Applications for Official Plan Amendment & Zoning Change (OP 15-06-7 & ZN 7-15-06) Rego Management Inc. - 253 Broadway CASPO 2015-195 Report Mapping Key Map Moved By: Seconded By: Proposed Resolution #11 1. It is recommended that the Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 15-02-7) as submitted by Rego Management Inc, for lands located at 253 Broadway, in the Town of Tillsonburg to establish a special development policy to permit a 3 storey mixed use building with an increased residential density as an additional permitted use on the Entrepreneurial District designated lands; 2. It is recommended that the Council of the Town of Tillsonburg approve-in- principle the zone change application submitted by Rego Management Inc, whereby the lands described as Lot 944 & Part Lot 945, Plan 500, known municipally as 253 Broadway, are to be rezoned from Special Entrepreneurial Zone (EC-2) to Special Entrepreneurial Zone (EC-sp). 9. Information Items 9.1. Recycling Council of Ontario Recycling Council of Ontario Correspondence 9.2. Dutch-Canadian Friendship Tulip Garden for Tillsonburg 8 Council Meeting – Agenda - 5 - Dutch-Canadian Friendship Tulip Garden Announcement Moved By: Seconded By: Proposed Resolution #12 THAT Council receives items 9.1 and 9.2, as information. 10. Reports from Departments 10.1. Clerk’s Office 10.1.1. CL 15-20 Ontario's Municipal Legislative Review CL 15-20 legislation Review (4) Moved By: Seconded By: Proposed Resolution #13 THAT Council receives Report CL 15-20, Ontario's Municipal Legislative Review as information. 10.1.2. CL 15-24 Bill 8, Public Sector and MPP Accountability and Transparency Act CL 15-24 Bill 8 Moved By: Seconded By: Proposed Resolution #14 THAT Council receives Report CL 15-24, Bill 8 as information; AND THAT staff report to Council on policy updates required in response to Bill 8. 10.1.3. CL 15-23 - Retail Shopping Cart Removal & Abandonment CL 15-23 - Retail Shopping Cart Removal & Abandonment Moved By: Seconded By: Proposed Resolution #15 THAT Council receives report CL 15-23, Retail Shopping Cart Removal & Abandonment as information. 10.2. Development and Communication Services 10.2.1. DCS 15-43, Conditional Building Permits and Agreements DCS 15-43 - Conditional Building Permits and Agreements Conditional Building Permit Agreement - TEMPLATE 9 Council Meeting – Agenda - 6 - Moved By: Seconded By: Proposed Resolution #16 THAT Council receives Report DSC 15-43 Conditional Building Permits and Agreements; AND THAT Council authorize the Chief Building Official, after consultation with the Chief Administrative Officer, to enter into conditional permit agreements; AND FURTHER THAT the Chief Building Official is hereby authorized to determine the release and subsequent removal of registered agreements from the Land Registry System. 10.2.2. DCS 15-40 Community Improvement Plan Application – 102 Broadway Report DCS 15-40 Community Improvement Plan Application ? 102 Broadway Application Letter in Support Moved By: Seconded By: Proposed Resolution #17 THAT Council receives Report DCS 15-40 Community Improvement Plan Application – 102 Broadway; AND THAT the 102 Broadway property be approved for growth related property tax rebates, related to enhancements of the property, for a four year period based on a 60% rebate in 2016, 50% in 2017, 40% in 2018 and 30% in 2019 with full property taxes being payable in 2020. 10.2.3. DCS 15-41 Airport Hangar Land Lease Report DCS 15-41 Airport Hangar Land Lease Airport Land Lease Kniss Moved By: Seconded By: Proposed Resolution #18 THAT Council receive Report DCS 15-41 Airport Hangar Land Lease; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into a lease agreement with Mark Kniss for the construction of a 4,800 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2035 subject to the terms and conditions contained within the lease agreement. 10 Council Meeting – Agenda - 7 - 10.2.4. DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board Report DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board Presentation MOU Moved By: Seconded By: Proposed Resolution #19 THAT Council receives Report DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute the Memorandum of Understanding between the Corporation of the Town of Tillsonburg and the Elgin Middlesex Oxford Workforce Planning and Development Board. 10.3. Finance 10.3.1. FIN 15-37 Issuance of Debt FIN 15-37 Issuance of Debt annual repayment limit 092815 Bylaw 3948 issuance of debt 092815 Moved By: Seconded By: Proposed Resolution #20 THAT Council receives report FIN 15-37 Issuance of Debt; AND THAT Council receives the updated annual repayment limit calculation; AND THAT Council consider By-Law 3948 for three readings for the issuance of debt. 10.3.2. FIN 15-38 2016 Draft Budget Schedule FIN 15-38 Draft Budget Schedule Moved By: Seconded By: Proposed Resolution #21 THAT Council receives report FIN 15-38 Draft Budget Schedule as information. 10.4. Operations 10.4.1. OPS 15-32 Results for Tender #T2015-012 CCTV and Sewer Flushing OPS 15-32 Results for Tender #T2015-012 CCTV and Sewer Flushing 11 Council Meeting – Agenda - 8 - Moved By: Seconded By: Proposed Resolution #22 THAT Council receives Report OPS 15-32, Results for Tender #T2015-012, CCTV & Sewer Flushing; AND THAT Council award Tender #T2015-012 to CC Dance Sewer Cleaning Incorporated of Aylmer, Ontario at a cost of $39,650.78 (net HST included), the lowest bid received satisfying all Tender requirements; AND THAT Mayor and Clerk be authorized to execute the necessary documents to award the tender to CC Dance Sewer Cleaning Incorporated for the CCTV and Sewer Flushing contract. 10.4.2. OPS 15-33 Fleet Replacement Strategy OPS 15-33 Fleet Replacement Strategy Moved By: Seconded By: Proposed Resolution #23 THAT Council receive Report OPS 15-33 Fleet Replacement Strategy; AND THAT Council adopts the Fleet Replacement Strategy as the standardized approach to identifying fleet and equipment replacement needs. 10.5. Recreation, Culture & Park Services 10.5.1. RCP 15-36 – Trans Canada Trail Expansion Project RCP 15-36 - Trans Canada Trail Expansion Project OCTMP Map 3.13 Proposed Priority Projects RCP 14-42 - Trans Canada Trail Expansion Via South Oxford Link PRS 13-12 - Regional Trail Expansion Opportunity PW 2015-53 TRANS CANADA TRAIL Moved By: Seconded By: Proposed Resolution #24 THAT Council receives report RCP 15-36 – Trans Canada Trail Expansion Project; AND THAT Council approves proceeding with development of the Trans Canada Trail link to Norfolk County as outlined in report RCP 15-36; AND THAT Staff be authorized to develop a partnership agreement with the County of Oxford for the development and on-going maintenance of the Trans Canada Trail within Oxford County including: 12 Council Meeting – Agenda - 9 - a) Sharing net capital costs on an 85/15 (County/Town) basis; b) Repayment terms to the County for the Town of Tillsonburg’s 15% capital contribution; c) 50/50 sharing of annual operating costs of the proposed Trans Canada Trail. 10.5.2. RCP 15-38 – Soccer Park Wayward Ball Fence Procurement RCP 15-38 - Soccer Park Wayward Ball Fence Procurement Email from TMSC President Moved By: Seconded By: Proposed Resolution #25 THAT Council receives report RCP 15-38 – Soccer Park Wayward Ball Fence Procurement; AND THAT Council awards the supply and installation of a galvanized fence and seasonal mesh system at the Soccer Park to Simpson’s Fence (London) at their tendered price of $51,093.87 net of applicable taxes; AND THAT Council refund the $16,188 contribution towards the fence received from Performance Communities Realty Incorporated. 10.5.3. RCP 15-41 – Amendment to the Cemetery By-Law RCP 15-41 - Amendment to the Cemetery By-Law DRAFT CEMETERY BY-LAW AMENDMENT BY-LAW 3640 - OPERATION OF MUNICIPAL CEMETERIES Moved By: Seconded By: Proposed Resolution #26 THAT Council receives report RCP 15-41 – Amendment to the Cemetery By- Law; AND THAT Council authorizes staff to submit the proposed amendments to the Provincial Cemetery Registrar for approval; AND THAT a by-law be brought forward for Council consideration. 11. Staff Information Reports 11.1. CL 15-24 - Local Government Week CL 15-24 - Local Government Week 13 Council Meeting – Agenda - 10 - Moved By: Seconded By: Proposed Resolution #27 11.2. THAT Council receives Report CL 15-24 regarding Local Government Week as information. 11.3. FIN 15-39 OILC Revised Debt By-Law FIN 15-39 OILC Revised Debt By-Law Bylaw 3954 OILC Ongoing Projects Lower Tier Comments from OILC Moved By: Seconded By: Proposed Resolution #28 THAT Council receives report FIN 15-39 OILC Revised Debt By-Law as information. 11.4. OPS MEMO - Quarter Town Line & Concession Street Intersection Background Information OPS MEMO - Quarter Town Line & Concession Street Intersection Background Information Attachment 1 - 2008 All Way Stop Warrant Analysis Attachment 2 - 2014 OPP Collision Data Attachment 3 - 2014 All Way Stop Warrant Analysis Attachment 4 - TPSB Letter and Petition Moved By: Seconded By: Proposed Resolution #29 THAT Council receives OPS Memo - Quarter Town Line & Concession Street Intersection Background Information; THAT By-Law 3955 be brought forward for Council consideration. 11.5. RCP 15-42 – Storage for Tillsonburg Scout Association RCP 15-42 - Storage for Tillsonburg Scout Association Storage Location Sketch Moved By: Seconded By: Proposed Resolution #30 THAT Council receives report RCP 15-42 – Storage for Tillsonburg Scout Association for information. 14 Council Meeting – Agenda - 11 - 12. Committee Minutes & Reports 12.1. Accessibility Advisory Committee Minutes Accessibility Advisory Committee Minutes, June 03, 2015 Accessibility Advisory Committee Minutes, September 09, 2015 Moved By: Seconded By: Proposed Resolution #31 THAT Council receives the Minutes of the Accessibility Advisory Committee Minutes of June 3, 2015 and September 09, 2015. AND THAT Council directs staff to investigate the costs of Audio Traffic Signals in the Town of Tillsonburg; AND THAT those costs be considered during the 2016 budget deliberations. 12.2. Airport Advisory Committee Minutes Airport Advisory Committee Minutes, June 15, 2015 Airport Advisory Committee Minutes, July 02, 2015 Airport Advisory Committee Minutes, July 21, 2015 12.3. Tillsonburg Awards Committee - Minutes Minutes, August, 2015 12.4. Tillsonburg Development Committee Minutes, August 11, 2015 Development Committee Minutes, August 11, 2015 12.5. Town Hall Steering Committee Minutes - Minutes, July, 2015 Moved By: Seconded By: Proposed Resolution #32 THAT Council receives the Tillsonburg Development Committee minutes of August 11, 2015, the Airport Advisory Committee minutes of June 15, 2015, July 02, 2015 and July 21, 2015, the Tillsonburg Awards Committee minutes of August 05, 2015 and the Town Hall Steering Committee minutes of July 15, 2015 as information. 13. Notice of Motions 14. By-Laws By-Laws from the Meeting of Monday, September 28, 2015 15 Council Meeting – Agenda - 12 - Moved By: Seconded By: Proposed Resolution #33 14.1. THAT By-Law 3946, Cemetery By-Law Amendment; AND THAT By-Law 3947, being a By-Law to Amend Zoning By-law 3295 (ZN 7- 15-05), Schedule A; AND THAT Bylaw 3948, Issuance of Debt; AND THAT By-Law 3949 , to Authorize an Airport Hanger Land Lease Agreement between the Town of Tillsonburg and Mark Kniss, Lease; AND THAT Bylaw 3954, Issuance of OILC Debt; AND THAT By-Law 3953, to Repeal By-Law 3944; AND THAT Bylaw 3955 , to amend By-Law 3701, To Regulate Traffic and the Parking of Motor Vehicles in the Town of Tillsonburg, to be read for a first, second and third and final reading and that the Deputy Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Proposed Resolution #34 THAT By-Law 3951, Confirming By-Law to confirm the proceedings of Council at its meeting held on the 28th day of September, 2015, be read for a first, second, and third and final time and that the Deputy Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 15. Items of Public Interest 16. Adjournment Moved By: Seconded By: Proposed Resolution #35 THAT the Council Meeting of Monday, September 28, 2015 be adjourned at _____ p.m. Moved By: Seconded By: 16 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services Tricia Smith, Deputy Clerk 1. Call to Order The Meeting was called to order at 6:01 p.m. 2. Closed Session Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: 1. personal matters about an identifiable individual, including municipal or local board employees (Operations); 2. a proposed or pending acquisition or disposition of land by the municipality or local board (TVDSB). Carried. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, September 14, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 17 Council Meeting – Minutes - 2 - 3. Adoption of Agenda Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, September 14, 2015, be adopted, as amended. Carried. 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meetings of August 10, 2015 and August 20, 2015. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Minutes of the Council Meetings of August 10, 2015 and August 20, 2015, be approved. Carried. 7. Delegations and Presentations 7.1. Waste Management Information Session Presentation Presented by Dave Vermeeren, Waste Management/Rural Properties Supervisor & Rob Walton, Director of Public Works Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the presentation regarding the Waste Management Information Session be received as information. Carried. 7.2. Closure of Welding Street - Larry Scanlan, Neighbouring Property Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the delegation by Larry Scanlan regarding the closure of Welding Street as information. Carried. 18 Council Meeting – Minutes - 3 - 7.3. Auto Strategy in Canada – Dan Borthwick & Mike Van Boekel, Unifor Local 88 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the presentation regarding the Auto Strategy in Canada as information. Carried. 8. Public Meetings Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council move into the Committee of Adjustment to hear Applications for Minor Variance at 6:47 p.m. Carried. 8.1. Committee of Adjustment- A-06/15- Riviera Homes, 2 Langrell Ave Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-06/15. Opportunity was given for comments and questions. No one appeared in support, or opposition to the application. The Committee of Adjustment passed the following resolution: Moved By: Councillor Esseltine Seconded By: Councillor Stephenson That the Town of Tillsonburg Committee of Adjustment approves Application File A-06/15, submitted by 1551991 Ontario Inc, for lands described as Part Lot 26, Plan 41M-171, Town of Tillsonburg, as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions, to decrease the minimum exterior side yard width from 7.5 m (24.6 ft.) to 5.9 m (19.3 ft.) to facilitate the construction of a single detached dwelling on the subject lands. 19 Council Meeting – Minutes - 4 - Subject to the following condition: i. A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. Carried. 8.2. Committee of Adjustment- A-07/15- Ed Duwyn, 10 Park Place Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-07/15. Opportunity was given for comments and questions. Ed Duwyn was in attendance to support the application and the Planner’s recommendations. No one appeared in opposition to the application. The Committee of Adjustment passed the following resolution: Moved By: Councillor Adam Seconded By: Deputy Mayor Beres That the Town of Tillsonburg Committee of Adjustment approves Application File A-07/15, submitted by Ed Duwyn, for lands described as Lot 5, Plan 41M-251, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1, Permitted Projections into Required Yards, to increase the permitted encroachment into the required rear yard depth for a covered patio from 1.5 m (4.9 ft.) to 2.9 m (9.5 ft.); 2. Relief from Section 5.37.1, Permitted Projections into Required Yards, to decrease the required minimum setback between a covered patio and rear lot line from 7.5 m (24.6 ft.) to 6.6 m (21.6 ft.); and, 3. Relief from Section 7.5.3.2.4, Lot Coverage, to increase the maximum permitted lot coverage from 41% to 48% to facilitate the construction of a covered patio addition on the subject property. Carried. 20 Council Meeting – Minutes - 5 - Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council move out of the Committee of Adjustment and move back into regular session at 6:55 p.m. Carried. 8.3. Application for Zone Change- ZN 7-15-05- 2470588 Ontario Inc, 512 Broadway Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report ZN 7-15-05. Opportunity was given for comments and questions. Clayton Tokarz, agent for the applicant appeared before Council and spoke in favour of the application. Marie Whittaker appeared before council and spoke to her concerns on the application. The Agent for the applicant addressed some of her concerns with respect to deliveries and the type of products sold. No persons appeared in opposition to the application. Council discussed the opportunities within the Town and the possibility of any available spaces within the downtown core. The following resolution was considered: Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council of the Town of Tillsonburg approve in principle the zone change application submitted by 2470588 Ontario Inc, whereby the lands described as Lots 85G & 85H, Plan 500, Town of Tillsonburg, known municipally as 512 Broadway are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’. Carried. 21 Council Meeting – Minutes - 6 - 9. Information Items 9.1. Big Brothers Big Sisters 2015 Municipal Grant Letter of Gratitude 9.2. CUPE - Child Care Worker & Early Childhood Educator Appreciation Day - October 8, 2015 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives items 9.1 and 9.2 as information. Carried. 9.3. AMO Call to Action - Support for the Syrian Refugee Crisis Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the AMO Call to Action regarding support for the Syrian Refugee Crisis; AND THAT Council supports donating $100 to AMO for the Syrian Refugee Crisis. Carried. 10. Mayor 10.1. MYR 15-09 Update - County of Oxford Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report MYR 15-09 as information. Carried. Council requested an update regarding the Trans-Canada trail proposal, which was not brought forward on this agenda. The Town and County are looking at reducing barriers that were created from the negative decision from the Township of Norwich. Council also requested an update regarding the Otter Valley Utility Trail, which will be meeting on October 18, 2015. 22 Council Meeting – Minutes - 7 - 11. Reports from Departments 11.1. Clerk’s Office 11.1.1. CL 15-22 Records Retention Council requested the addition of a review period to the By-Law, and that material be reported to Council every four years. Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CL 15-22 Records Retention; AND THAT By-Law 3933, To Establish Retention Periods for Records, be brought forward for Council consideration. Carried. 11.2. Development and Communication Services 11.2.1. DCS 15-35 Offer to Purchase – Denrich and Sanders Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report DCS 15-35 Offer to Purchase – Denrich and Sanders; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute all documents necessary to transfer the property known as Block A, Plan M60; AND THAT the net proceeds be contributed to reserves. Carried. 11.2.2. DCS 15-37 Traffic By-Law Amendment Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 15-37 Traffic By-Law Amendment as information; AND THAT Council adopt By-Law 3943 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for council consideration. Carried. 23 Council Meeting – Minutes - 8 - 11.2.3. DCS 15-38 Amendment to Airport Hangar Land Lease Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report DCS 15-38 Amendment to Airport Hangar Land Lease; AND THAT Council approve the amendment to the land lease agreement with Jeff Miller; AND THAT a By-Law be brought forward for Council’s consideration. Carried. 11.3. Finance 11.3.1. FIN 15-36 Debt Financing Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report FIN 15-36 Debt Financing; AND THAT Council receives the updated annual repayment limit calculation; AND THAT Council consider By-Law 3944 for three readings for the issuance of debt financing. Carried. 11.4. Operations 11.4.1. OPS 15-18 Rogers Utility Lease Amending & Extension Agreement Renewal Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report OPS 15-18, Rogers Utility Lease Amending and Extension Agreement Renewal for 10 Lisgar Avenue; AND THAT Mayor and Clerk be authorized to sign all documents necessary to extend the lease agreement with Rogers Communications Inc. Carried. 24 Council Meeting – Minutes - 9 - 11.4.2. OPS 15-29 Results for RFP 2015-009 Engineering SUV Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report OPS 15-29 Results for RFP 2015-009 Engineering SUV; AND THAT Council award RFP 2015-009 to Airport Nissan of Brampton, Ontario at a total cost of $32,547.94 (net HST included) the highest scoring proposal received. Carried. 11.4.3. OPS 15-30 Results for RFP 2015-003 Electric Forklift Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 15-30 Results for RFP 2015-003 Electric Forklift; AND THAT Council award RFP 2015-003 to RIGO Lift Truck Ltd of Concorde, Ontario at a total cost of $43,683.86 (net HST included) the highest scoring proposal received. Carried. 11.4.4. OPS 15-31 Results for RFP 2015-012 Road Patrol Software Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report OPS 15-31 results for RFP 2015-012 Road Patrol Software; AND THAT Council award RFP 2015-012 to R.J. Burnside & Associates Limited of Orangeville, Ontario at a total cost of $25,256.83 (net HST included); AND THAT the Mayor and Clerk be authorized to execute the necessary documents to award RFP 2015-012 to R.J. Burnside & Associates Limited. Carried. 25 Council Meeting – Minutes - 10 - 11.5. Recreation, Culture & Park Services 11.5.1. RCP 15-35 – Oxford Public Health Request for Free Use of Space Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report RCP 15-35 – Oxford Public Health Request for Free Use of Space for information; AND THAT Council approves the ongoing provision of space for one day per year at no charge in the Tillsonburg Community Centre Lions Auditorium to Oxford County Public Health for the purposes of holding a free flu clinic open to the general public. Carried. 11.5.2. RCP 15-37 – Replacement Health Club Cardio Equipment Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report RCP 15-37 – Replacement Health Club Cardio Equipment for information; AND THAT Council award supply and installation of a new fleet of cardio equipment in the Health Club to Advantage Fitness at their tendered price of $79,549.00 net of applicable taxes; AND THAT that a By-law be brought forward at the next meeting to authorize financing the purchase with a five-year bank loan secured through the County. Carried. 11.5.3. RCP 15-39 – Cemetery Building Flood Damage Repairs Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives report RCP 15-39 – Cemetery Building Flood Damage Repairs for information; AND THAT Council award the contract to complete the repairs to Bronz Construction at their tendered price of $11,671.87, net of applicable taxes; AND THAT $12,000 of the approved $55,000 capital allocation for the indoor pool repair project is reallocated to fund the repairs to the Cemetery Building. Carried 26 Council Meeting – Minutes - 11 - 11.5.4. RCP 15-40 – Annandale Diamond Improvements Project Update Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives report RCP 15-40 – Annandale Diamond Improvements Project Update for information. Carried. 12. Staff Information Reports 12.1. OPS MEMO - Welding Street Update Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives OPS MEMO – Welding Street Update as information. Carried. 12.2. FIN 15-35 E-Bidding Solution Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives report FIN 15-35 E-Bidding Solution as information. Carried. 13. Notice of Motions 13.1. Notice of Motion for which Previous Notice was Given Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the Town of Tillsonburg place a four-way stop at the intersection of Concession Street and Quarterline Road. Carried. Council requested that staff bring a report to the next meeting of Council including statistical data on the intersection, included the past two petitions received by council and pertinent information from the Police Services Board. 27 Council Meeting – Minutes - 12 - 13.2. Notice of Motion for which Previous Notice was Given Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Town owned property known as 8 Hardy Avenue be used as overflow parking for Community Events until the property is sold. Carried. Council clarified that staff will be able to utilize the property at their discretion if there are events that require overflow parking. 14. By-Laws By-Laws from the Meeting of Monday, September 14, 2015 Rosanne Fillion appeared before Council to address her concerns regarding By-law 3934. The Director of Operations reviewed the matter and addressed the concerns of the resident. The procedure to get a temporary parking permit is skewed and staff will look into the process to ensure that the process is reviewed to ensure continuity for our residents. Ms. Fillion will meet with staff to review the procedure. Motion to Amend Main Motion: Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 3939, Welding Street be separated from the main motion and that it be dealt with separately. Carried. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 3933, To establish retention periods for records of the Town of Tillsonburg, and to repeal By-Law No. 3558, By-Law 3933 Schedule A; AND THAT By-Law 3934, To Repeal By-Law 3768, being a by-law to amend By-Law 3701, to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg; AND THAT By-Law 3941, To amend By-Law 3923 to enter into an Airport Hanger Land Lease Agreement with Jeff Miller; 28 Council Meeting – Minutes - 13 - AND THAT By-Law 3942, To Authorize the Sale of Land to Patenaude and Pattyn, Schedule A; AND THAT Bylaw 3943, To Amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg; AND THAT Bylaw 3944, To Authorize an Application to OILC for the Issuance of Debt Financing; AND THAT By-Law 3945, To confirm the proceedings of Council at its meetings held on the 14th day of September, 2015, be read for a first, second and third and final time and the Mayor and the Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. Carried. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 3939, To Restrict Vehicular Through Traffic at the North Limit of Welding Street, be read for a first, second and third and final time and the Mayor and the Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. Carried. 15. Items of Public Interest 16. Adjournment Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT the Council Meeting of Monday, September 14, 2015 be adjourned at 9:48 p.m. Carried. 29 30 31 32 33 34 35 36 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or tsmith@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM 37 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 38 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 39 Community Transportation Pilot Program Steering Committee September 28, 2015 Report to Council Town of Tillsonburg 40 Community Transportation Tillsonburg •Agenda: –Overview of Grant Program –Strategic Plan Components –Program Deliverables –Program To-Date –Software Implementation – Simpli Transport –Program Development Plan 41 Community Transportation Tillsonburg •Overview of Program –MTO CT Pilot Program Grant ($100,000) •Coordination of transportation services •Seniors, youth, persons with disabilities, residents in rural areas •22 communities across Ontario 42 Community Transportation Tillsonburg Tillsonburg Strategic Plan •2.0 Economic Sustainability –Increase access and participation in local economy •3.0 Demographic Balance –Assisting families in accessing services and activities •4.0 Culture and Community –Offer more feasible transportation options to families and individuals 43 Community Transportation Tillsonburg Program Deliverables •Hire a Transportation Coordinator (October 2015) •Purchase Transportation Coordination Software (November 2015) •Advertising and Marketing of Services (December 2015) •Official Launch (January 2016) •Report to Ministry (March 2016) •Purchase of Accessible Van (June 2016) •End of Program (March 2017) 44 Community Transportation Tillsonburg Simpli Transport – Features •Easy Client Management •Trip Booking, Scheduling and Dispatch •Standardized Reports •Mobile Applications 45 Community Transportation Tillsonburg Program Development Plan •Start Small –Committee Partners –Tillsonburg –Develop complete framework of coordination •Explore Potential Partnerships –Red Cross –CMHA –Salvation Army 46 Community Transportation Tillsonburg Program Development Plan •Networking –Agencies, Organizations, Ontario Communities •County-Wide Focus •Inter-county Partnerships –Norfolk County, EasyRide (Perth Huron) 47 Community Transportation Tillsonburg The Big Picture •Centrally Coordinated Transportation •Growing Network of County Partners •Development of Southwestern Ontario Transportation Coordination 48 49 50 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or WVPLWK@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM Rick Samways 165421 New Road Otterville N0J 1R0 226-688-5571 rgsamways@live.ca ✔ 51 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 09/14/2015 Trans Canada Trail Rick Samways Discuss issues and concerns regarding the approval of funding for the Trans Canada Trail extension. ✔ ✔ ✔ ✔ 52 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 53 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or WVPLWK@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM John Vieraitis 712383 Middletownline Tillsonburg n4g4g8 5198420030 johnvieraitis@silomail.com ✔ 54 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 09/14/2015 Trans Canada Trail John Vieraitis Rural Landowners of Norwich Township Issues about the proposed trail,costs,funding,fences,user saftey, railway contamination,policing,insurance liability,fire control,emergency services,garbage pickup,maintance most of all tax increases. if Tillsonburg is 11 million in debt now, how much more debt can it carry because of the trail. And other similar questions ✔ ✔ ✔ ✔ 55 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 56 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or tsmith@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM 57 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 58 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 59 Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A-8/15 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: September 28, 2015 REPORT NUMBER: 2015-198 OWNER: Harry Layman 156 Bidwell Street, Tillsonburg ON, N46 3V8 REQUESTED VARIANCE: Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to increase the maximum permitted lot coverage from 50 m2 (538 ft2) to 70 m2 (750 ft2) to permit the construction of a detached accessory building. LOCATION: The subject property is described as Lot 912, Plan 500, in the Town of Tillsonburg. The property is located on the east side of Bidwell Street, between Bear Street and Venison Street, and is municipally known as 156 Bidwell Street. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1) SURROUNDING USES: low density residential uses, consisting of single detached dwellings. 60 File Number: A-08/15 Report Number 2015-198 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Town Zoning By-law to facilitate the construction of a detached accessory building on the subject property. The subject property comprises approximately 1,027.1 m2 (0.25 ac) and is currently occupied by an existing single detached dwelling and two sheds. As indicated by the applicant, the existing sheds will be removed. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Aerial Map (2010), shows the location of the subject lands and surrounding properties. Plate 3, Applicant’s Site Sketch, shows the location of the existing dwelling and sheds on the subject property as well as the location of the proposed garage. (b) Agency Comments: The application was circulated to a number of public agencies. The Town of Tillsonburg Engineering Department had no concerns but noted that the applicant may want to redirect the proposed swale to the south side of the proposed accessory building. The Town of Tillsonburg Building Services Department and County of Oxford Public Works Department had no concerns with the proposal. Public Notice was mailed to surrounding property owners on September 18, 2015. As of the writing of this report, no comments or concerns had been received from the public. (c) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory use conforms to the ‘Low Density Residential’ policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’, which permits a single detached dwelling. Provisions respecting accessory buildings and structures are contained in Table 5.1.1.4 - Regulations for Accessory Buildings and Structures. Structures accessory to a residential use are permitted to a maximum of 10% of the lot area, or 50 m2 (538 ft2) of gross floor area, whichever is less. Lot coverage provisions for accessory structures are intended to ensure that accessory uses and structures remain clearly secondary to the main residential use of the property and have minimal impact on neighbouring properties. 61 File Number: A-08/15 Report Number 2015-198 Page 3 In this case, the requested relief would facilitate the construction of a detached accessory structure that is 20 m2 (212 ft2) larger than permitted. Planning staff note that the lot coverage would represent 6.8% of the total lot area, which represents less than the 10% of the maximum lot area. (e) Desirable Development/Use: Although the requested lot coverage of the proposed accessory structure is larger than what is typically permitted, in this case, Planning staff is satisfied that the proposed accessory structure can be considered minor and desirable development of the subject property. Given the relatively large size of the subject property and presence of similar sized accessory buildings in the area, it is not anticipated that the proposed relief will set an undesirable precedent for the neighbourhood. In this regard, the requested relief can be considered minor. The proposed location of the structure is also desirable as the structure will be setback adequately from surrounding uses and is not anticipated to negatively impact neighbouring properties. In light of the foregoing, it is the opinion of this Office that the requested relief maintains the general intent and purpose of the Official Plan and Zoning By-law and can be given favorable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-08/15, submitted by Harry Layman, for lands described as Lot 912, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to increase the maximum permitted lot coverage from 50 m2 (538 ft2) to 70 m2 (750 ft2) to permit the construction of a detached accessory building; subject to the following condition: i. The existing frame sheds, identified on Plate 3 of Report No. 2015-198, be removed to the satisfaction of the Town of Tillsonburg Building Services Department. 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; 62 File Number: A-08/15 Report Number 2015-198 Page 4 (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. Authored by: Rebecca Smith, Development Planner Reviewed by: Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission by: Gordon K. Hough, MCIP, RPP, Director RS September 15, 2015 63 August 27, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 64 August 27, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 380 Notes NAD_1983_UTM_Zone_17N 19 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 65 66 Site Photo A-08/15 – Harry Layman View of Subject Property from Bidwell Street 67 Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A-9/15 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: September 28, 2015 REPORT NUMBER: 2015-199 OWNER: Dale Springer 9 Thomas Avenue, Tillsonburg ON, N4G 3P9 APPLICANT: Neal Koppens (PK Construction) 37 Tillson Street, Tillsonburg ON, N4G 0B7 REQUESTED VARIANCE: Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 27 spaces (1 per 20 m2 of gross floor area) to 3 spaces to facilitate the replacement of an existing commercial building. LOCATION: The subject property is described as Part Lot 1070, Plan 500, in the Town of Tillsonburg. The property is located on the east side of Broadway, between Ridout Street East and Brock Street East, and is municipally known as 136 – 138 Broadway. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Central Business District TOWN OF TILLSONBURG ZONING BY-LAW: Central Commercial Zone (CC) SURROUNDING USES: predominately commercial uses, with a public parking lot to the immediate northeast 68 File Number: A-09/15 Report Number 2015-199 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Town Zoning By-law to facilitate the replacement of an existing commercial building. For the Committee’s information, relief is also required from Section 5.24.2.2 to reduce the minimum required accessible parking spaces from 2 (5% of the required total parking spaces) to nil. As the additional variance does not impact the intent of the proposal, Staff is of the opinion that no further circulation is required. The subject property comprises approximately 691 m2 (7,443 ft2) and is currently occupied by an existing commercial building (former restaurant) that is proposed to be demolished. The proposed new building will have a total gross floor area of approximately 540 m2 (5,812.5 ft2), and will be occupied by a medical office (optometrist). It should be noted that a site plan application has also been submitted to the Town to facilitate the construction of the proposed medical office. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Aerial Map (2010), shows the location of the subject lands and surrounding properties. Plate 3, Applicant’s Site Sketch, shows the dimensions and setbacks of the proposed commercial building, as well as the location of the proposed parking spaces. (b) Agency Comments: The application was circulated to a number of public agencies and no concerns were raised. Public Notice was mailed to surrounding property owners on September 18, 2015. As of the writing of this report, no comments or concerns had been received from the public. (c) Intent and Purpose of the Official Plan: The subject property is located with the ‘Central Business District’ according to the Official Plan. The ‘Central Business District’ is intended to be the most intensive, functionally diverse business, cultural and administrative centre in the Town. As such, the full range of commercial, office, administrative, cultural, entertainment, recreation, institutional and open space uses are permitted. The use of the lands for a professional medical office conforms to the ’Central Business District’ policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Central Commercial Zone (CC)’ according to the Town of Tillsonburg Zoning By-law. While there are no provisions for lot area, frontage, depth, front yard depth, or exterior and interior side yard widths for non-residential uses in the ‘CC’ zone, uses are required to maintain minimum parking standards. 69 File Number: A-09/15 Report Number 2015-199 Page 3 According to Table 5.24.2.1 (Parking Standards), a professional office is required to provide 1 parking space per 20 m2 (215.3 ft2) of building gross floor area. In addition, 5% of the total required spaces is to be provided for accessible parking. Minimum parking requirements ensure that all necessary parking to support the development is provided on the subject property. Based on the gross floor area of the proposed medical office, a total of 27 standard parking spaces, plus 2 accessible parking spaces are required on the site. It should be noted that no additional parking spaces are required for any change of use within an existing building located in the ‘CC’ zone. In this case, as the existing building on the property is to be demolished and replaced with a new commercial building, the noted exemption does not apply. As such, a variance is required to recognize the reduced parking. While the required parking cannot be provided on the site, street parking is available along Broadway and a public parking is located to the northeast of the subject property, both providing ample parking for the proposed use. (e) Desirable Development/Use: It is the opinion of this Office that the proposed variances to reduce the minimum required parking spaces from 27 to 3 and the minimum required accessible parking spaces from 2 to nil to facilitate the replacement of an existing commercial building, can be considered desirable development of the subject property. While the proposed relief represent a significant deviation from the minimum requirement, Staff note that if the proposed use was to occupy the existing building on the property, the parking requirements would not apply. In this regard, it should be noted that the proposed new commercial building is proposed to be smaller than the former building on the site, consequentially lowering parking requirements. The applicant is also proposing 3 parking spaces, which is more then what is currently provided on the site. Given the proximity of a municipal parking lot to the immediate northeast of the property and the presence of accessible parking spaces along Broadway, it would appear that adequate parking is available to accommodate the proposed use. Furthermore, as the proposed reduction in parking is not anticipated to impact neighbouring properties or negatively impact the availability of parking in the Central Area of the Town, the proposed relief can be considered desirable. To accommodate for the proposed relief from the on-site parking space requirement, it is recommended that a condition be included to ensure the applicant enters into a cash-in-lieu of parking agreement with the Town. In light of the foregoing, it is the opinion of this Office that the proposed relief maintains the general intent and purpose of the Official Plan and Zoning By-law and can be given favorable consideration. 70 File Number: A-09/15 Report Number 2015-199 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-09/15, submitted by Dale Springer, for lands described as Part Lot 1070, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 27 spaces (1 per 20 m2 of gross floor area) to 3 spaces to facilitate the replacement of an existing commercial building; Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg; and, 2. It is further recommended that the Committee adopt the following additional relief without further circulation of public notice: Relief from Section 5.24.2.2 – Accessible Parking, to decrease the minimum required accessible parking spaces from 2 to nil. As the proposed variances are: (i) desirable for the appropriate development or use of the land; (ii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iii) in-keeping with the general intent and purpose of the Official Plan. Authored by: original sign by Rebecca Smith, Development Planner Reviewed by: original sign by Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission by: original sign by Gordon K. Hough, MCIP, RPP, Director RS September 15, 2015 71 September 14, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 72 September 14, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 380 Notes NAD_1983_UTM_Zone_17N 19 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 73 John MacDonald Architect inc 141 Whitney Place N2G 2X8KitchenerCanada Approved Checked DrawnDrawing Title Scale (for 18x24" printing)Dwg. No. tel (519) 579 1700 (519) 579 2046 fax No.Revision Date Initial Project This document is to be read as an instrument of service and remains the property of John MacDonald Architect inc. It is issued only for the specific purpose noted. It may not be reproduced in whole or in part without the consent of John MacDonald Architect inc. and must be returned upon request. This document is to be read together with all other documents issued for the specific purpose noted, and all other documents further referenced therein. This document is not to be scaled for dimensions. Where dimensions are not noted or the relation of portions of the work are not immediately apparent, the reader shall not proceed in uncertainty. The reader shall immediately notify the Architect of all inconsistencies, errors, or omissions which he may discover in this or other documents, or in their relation in whole or in part. No.Issued for Purpose Date Initial info@johnmacdonaldarchitect .ca The Bonnie Stuart Building Dr. Springer Optometrists Tillsonburg, ON N4G 3P8 MM Proposed Site Plan A1aas noted 1 MMClient Review Jun. 05 '15 New Building 138 Broadway Street NK DS PSPA MMPreconsultation Meeting Jun. 11 '15 2 MMClient Review Jul. 20 '15 4 MMSubConsultant Use Jul. 22 '15 PK Construction Inc. N 3 7 ° 3 1 ' 3 0 " W 43 .9 0 ' N 52° 11' 50" E 49.92' N 52° 54 '45" E 81.88'N 52° 04' 04" E 85.20' N 52° 23' 50" E 77.30' N 37° 32' 43" W 1.77' N 3 7 ° 3 1 ' 5 5 " W 4 6 . 3 2 ' N 37° 31' 30" W 0.60' N 52° 58' 05" E 39.81' Cat Alley Br o a d w a y S t r e e t Ex i s t i n g c o n c r e t e Mu n i c i p a l s i d e w a l k to r e m a i n Ex i s t i n g a n g l e d s t r e e t pa r k i n g t o r e m a i n Existing Adjacent One-storey Concrete Block Building to remain Existing Adjacent Two-storey Brick Building to remain Existing asphalted Municipal right-of-way to remain Line of existing building to be demolished shown dashed Proposed New One-storey Building w/ Basement 1 3 . 5 0 3 [ 4 4 ' - 3 5 / 8 " ] 40.424 [132'-7 1/2"] Proposed staff entry Proposed main entry (setback 1.2m) A s E x i s t . As existing - j.c. Ex i s t i n g c u r b t o r e m a i n Proposed parking spaces shown thus 2 .7 2 .7 3 .0 5.5 parking, typ. 6.0 Min. Rear Yard 10.5 Proposed Rear Yard Area between building and property line proposed to receive new asphalt paving Existing adjacent Municipal parking lot for visitor use Access to parking to be direct from Alley Note: Existing site drainage patterns are overland, flowing generally from West to East (towards Cat Alley) and from North to South (along Cat Alley). Proposed grading and drainage patterns are to maintain this existing situation Exist. grading to remain As existing - j.c. 3 .5 lo a d i n g 1 .5 9.0 Loading Space 1.5 Loading Setback 0 .6 4 6 3.488 +/-1.5 Set out rear face of building from this property corner Exist. grading to remain Concrete curb Concrete walkway Canopy over staff entry shown dashed, see also building elevations Site & Building Data: Zoning requirements have been determined using the Corporation of Town of Tillsonburg Zoning By-law Number 3295. Property Info: Site Area = 691 sq.m. (7,443 sq.ft.) Existing Building Area = 614 sq.m. (6,610 sq.ft.) Proposed Building Area = 493 sq.m. (5,306 sq.ft.) Zoning & Use: Existing Use = Restaurant Proposed Use = Professional Offices (Optometrists) Present Zoning = Central Commercial Zone (CC) Present Zone Provisions: Minimum Lot Area = 90 sq.m. (968.8 sq.ft.) Maximum Lot Area = no provision Existing Lot Area = 691 sq.m. (7,443 sq.ft.), no change proposed Minimum Lot Frontage = no provision Existing Lot Frontage = 13.38m (43.9 ft), no change proposed Minimum Lot Depth = no provision Minimum Front Yard = no provision Proposed Front Yard = no provision Minimum Rear Yard = 6.0 m (19.69 ft.) Proposed Rear Yard = 10.5 m (34.45 ft.) Minimum Exterior Side Yard = no provision Minimum Interior Side Yard = no provision Proposed Interior Side Yard = 0 m Maximum Lot Coverage = no provision Existing Lot Coverage = 89% Proposed Lot Coverage = 79% Minimum Landscaped Open Space = no provision Existing Landscaped Open Space = 0 sq.m. Proposed Landscaped Open Space = 0 sq.m. Maximum Gross Floor Area = 4 x Lot Area = 2,764 sq.m. (29,770 sq.ft.) Proposed Gross Floor Area = 540 sq.m. (5,813 sq.ft.) (Note: above GFA excludes any basement area) Maximum Height of Building = 22 m (72.2 ft.) Existing Building Height = approx. 5.0 m (16.4 ft.) Proposed Building Height = TBD but < 7.5 m (24'-6") (Note: above proposed building height is measured from top of main floor finished floor to top of highest parapet, approximate) Disclaimer: This drawing has been reproduced from information supplied by the Owner, using a Surveyor's Real Property Report dated May 21, 2015, as prepared by Kim Husted Surveying Inc.. John MacDonald Architect does not warrant the accuracy of any information on this drawing. Legal Description: Part of Lot 1070, Judge's Plan Registered as Plan 500, Town of Tillsonburg, County of Oxford. Key Plan: Site Location: 138 Broadway Street, Tillsonburg, ON Building Entry Building Exit Bollard Legend & Site Abbreviations: 1 A1a Proposed Site Pan 1 : 150 True North Project North Site & Building Data: 5.14 Loading Requirements: From Table 5.14.1, for Commercial, 1 loading space required for 350 - 2,000 sq.m. (3,767.5 - 21,528.5 sq.ft.) of Gross Floor Area. Required Loading = 1 space Proposed Loading = 1 space Reduced loading space standards apply since commercial gross floor area is less than 2,000 sq.m. (21,528.5 sq.ft.) Required Width of a Loading Space = 3.5m Proposed Width of a Loading Space = 3.5m Required Depth of a Loading Space = 9.0m Proposed Depth of a Loading Space = 9.0m Required Rear Yard to Loading = 1.5m Proposed Rear Yard to Loading = 1.5m Required Interior Side Yard to Loading = 1.5m Proposed Interior Side Yard to Loading = 1.5m 5.24 Parking Requirements: Required Width of a Regular Parking Space (90º, typ.) = 2.7m (9 ft.) Proposed Width of a Regular Parking Space (90º, typ.) = 2.7m (9 ft.) Required Width of a Regular Parking Space (90º, end.) = 3.0m (9.84 ft.) Proposed Width of a Regular Parking Space (90º, typ.) = 3.0m (9.84 ft.) Required Depth of Regular Parking Space (90º) = 5.5m (18 ft.) Proposed Depth of Regular Parking Space (90º) = 5.5m (18 ft.) Required Width of an accessible Parking Space = 3.7 m Proposed Width of an accessible Parking Space = 3.7 m Required Depth of an accessible Parking Space = 5.5 m Proposed Depth of an accessible Parking Space = 5.5 m Parking Calculation: From Table 5.24.2.1, for Professional Offices, a minimum of 1 per 20 sq.m. (215.3 sq.ft.) of Gross Floor Area. Required Parking = 540/20 = 27.0 = 27 spaces Proposed Parking = 3 spaces Sufficient municipal parking is available elsewhere on Broadway street and in surface parking lot located off of Cat Alley. Required HC Parking Space requirements = 5% of required spaces Required HC Parking Space requirements = 1.35 = 2.0 spaces Proposed HC Parking = 0 spaces Sufficient HC parking is available elsewhere on Broadway street and in surface parking lot located off of Cat Alley. SPA Site Plan Approval Aug. 13 '15 JHM 74 Site Photo A-09/15 – Dale Springer View of Existing Commercial Building on Subject Property 75 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Applications for Official Plan Amendment & Zone Change OP 15-06-7; ZN 7-15-06 – Rego Management Inc. REPORT HIGHLIGHTS • The applications for Official Plan amendment and zone change propose to create a special policy area and rezone the subject property to ‘Special Entrepreneurial Zone (EC-special)’ to facilitate a mixed use building with ground floor office/ retail space and 20 dwelling units. • The amendment of special provisions are being sought to permit an increased residential density, and to provide relief of required parking spaces and parking locations, and a number of provisions of the EC Zone. • Comments relating from the Agency circulation of the proposal will be largely addressed through the site plan approval process. • The proposed development is consistent with many of the principles and recommendations of the Central Area Design Study. • Planning staff are recommending that the application be supported, as it maintains the strategic goal of the Official Plan to increase residential density in the Central Area, and maintain the Central Area as the primary commercial area in the Town. DISCUSSION Background OWNER: Town of Tillsonburg 10 Lisgar Avenue, Tillsonburg ON N4G 5A5 AGENT: Rego Management Inc. 200 Hespeler Road, Cambridge ON N1R 3H3 LOCATION: The subject property is described as Lot 944 & Part Lot 945, Plan 500, and Parts 4, 5, & 8 of Reference Plan 41R-6262 in the Town of Tillsonburg. The lands are located on the south west Page 1 of 8 76 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 corner of the Broadway and Venison Street intersection, and are municipally known as 253 Broadway Street. COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Entrepreneurial Proposed: Schedule “T-1” Town of Tillsonburg Land Use Plan Entrepreneurial (subject to special policy) TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Special Entrepreneurial Zone (EC-2) Proposed Zoning: Special Entrepreneurial Zone (EC-special) PROPOSAL: The purpose of the Applications for Official Plan Amendment and Zone Change is to permit a 3-storey mixed use building on the subject lands. The proposed Official Plan amendment would permit an increased residential density, and the zone change would provide relief of various zoning provisions including required parking, minimum amenity area, maximum lot coverage, landscaped open space, planting strip, loading zone, and location of parking areas. The subject property is approximately 1757.7 m2 (18 920 ft2) and is currently vacant. The applicant proposes to construct a 3 story building, with an approximate gross floor area of 1916 m2 (20 626 ft2). Medical office space and retail uses are proposed to occupy the ground floor. The balance of the building is proposed to be used for 20 dwelling units, consisting of one and two bedroom units. Surrounding land uses to the north include office and residential uses fronting on Venison St W. and Broadway Street, residential uses are to the west, and Kelsey’s Restaurant is located adjacent to the south. A funeral home, and Canadian Tire and the Tillsonburg Town Centre are located to the east and southeast. A municipal parking lot is located to the southwest, adjacent to Fox Alley. Plate 1, Existing Zoning and Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, Aerial Map (2010), provides an aerial view of the subject property. Plate 3, Applicant’s Site Plan, shows the location of the existing building and area of the existing building proposed to be leased for the proposed call centre and accessory office space. Plate 4, Proposed Building Elevations, depict the conceptual appearance of the building proposed to be constructed. Plate 5, Location of Municipal Parking Lots, depicts the location and number of municipal parking facilities. Page 2 of 8 77 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 The Town of Tillsonburg, as the owner of the site, has signed an agreement of purchase and sale and has authorized the applicant to submit the Official Plan Amendment and Zoning By-law amendment applications. Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential (including second units, affordable housing, and housing for older persons) to meet long-term needs, and promoting cost-effective development that minimizes land consumption and service costs. Section 1.4.3 provides that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents by permitting and facilitating all forms of housing required to meet the social, health, and well-being requirements of current and future residents, including special needs requirements and increasing the supply of affordable housing, and utilizing existing infrastructure and public service facilities. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on: • densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available; • support active transportation; • efficiently use land and resources; • a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.3.1 of the PPS states that planning authorities shall promote economic development and competitiveness by: - providing an appropriate mix and range of employment to meet long-term needs; - providing opportunities for a diversified economic base, including the maintenance of a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses; - planning for, protecting and preserving employment areas for current and future uses; and - ensuring the necessary infrastructure is provided to support current and projected needs. Page 3 of 8 78 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 Section 1.7.1 of the PPS states that long-term economic prosperity should be supported by maintaining and, wherever possible, enhancing the vitality and viability of downtowns and main streets. OFFICIAL PLAN: The Official Plan states that Entrepreneurial District areas are those lands which feature a range of commercial and business development opportunities through the conversion of existing residential dwellings and new development or redevelopment. It is intended that development in this District will result in a mixture of residential and non-residential land uses. The vision for the Central is articulated in Section 8.3.2.1. In the future, the Central Area of the Town of Tillsonburg will remain as the most functionally diverse area of the Town and will serve as the primary business, cultural and administrative centre. The commercial core of the Central Area will remain a viable regional retail shopping district capable of meeting the day to day and specialty needs of residents of the Town as well as serving the southern part of Oxford County and portions of Elgin and Norfolk Counties. At the same time the Central Area will increasingly serve as a people place and will have increased day and night activity through the introduction of residential development within and near the Central Area and through better integration of the Central Area with the wider community. A strategic objective of the Official Plan is to increase the residential population living within and in the vicinity of the Central Area. The creation of mixed use buildings and residential intensification is supported. Section 8.3.2.3.2.2- POLICIES FOR REDEVELOPMENT AND NEW DEVELOPMENT OF VACANT LAND provides review criteria for new development proposals within the Entrepreneurial District, as contemplated by this application. Review criteria include: • compatibility-appropriate buffering measures are incorporated into the development to minimize potential incompatibilities with adjacent residential uses; • existing municipal services and community facilities are adequate to accommodate the development; • adequate off-street parking shall be provided. Residential intensification and compact urban form shall be facilitated through appropriate zoning standards and Town Council may consider the use of reduced municipal infrastructure requirements and lot standards on a site or area specific basis, provided that such standards are still in keeping with the overall objectives of the Official Plan. Medium density residential development is permitted within the Entrepreneurial District. The maximum residential density for medium density residential development is 62 units per hectare (25 units per acre). The development as proposed has a residential density of 114 units per hectare (46 units per acre). Page 4 of 8 79 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘’Special Entrepreneurial Zone (EC-2)’, according to the Town of Tillsonburg Zoning By-law. The EC-2 provisions provide for an eating establishment as an additional permitted use on the subject lands. Permitted uses within the ‘Entrepreneurial Zone (EC)’ include a wide variety of residential uses and business/professional, medical offices, and small scale business uses outlined in Section 12.1. In order to facilitate the need for sight triangle to accommodate sight lines at the corner of Broadway and Venison Streets, the building will be cantilevered over the site triangle with the 2nd and 3rd storeys. The provisions for parking areas are contained with Section 5.24 of the Zoning By-law. The applicant is seeking the following zoning relief: Provision Required Proposed Required Parking 61 28 onsite, 5 new on-street Minimum Amenity Area 40 m2 per dwelling unit 1.5 m2 per dwelling unit Maximum Lot Coverage 35% 41.4% Minimum Landscaped Open Space 30% 7.8% Planting Strip 1.0m planting strip between a driveway or parking lot and lot line 0 Loading Zone 2 spaces 0 Location of Parking Area-Setbacks 1 m from streetline 1.5 m from interior lot line 1.5 from rear lot line 0 m from streetline, interior and rear lot lines Accessible Parking Spaces* 5% of Total (3) 2 *variance identified by Town Building Services staff. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal, including the Tillsonburg BIA and Chamber of Commerce. The Tillsonburg Chamber of Commerce indicated that they have concerns about the available parking, particularly the loss of parking for Kelsey’s Restaurant and the number of employees that the commercial tenants will employ, and their impact on available parking. Concern was also expressed about the impact of rooftop HVAC equipment at this prominent gateway location. The Chamber requests that all rooftop HVAC and mechanical equipment be screened. Town of Tillsonburg Building Services indicated that the total accessible parking required as per the Zoning By-law is 3; the applicant has noted that only 2 are required. More detailed comments will be provided through the site plan process. Town of Tillsonburg Engineering Services Department provided the following comments: 1. Raised concrete curb island shall be installed at the existing entrance to the site off of Broadway Street. Page 5 of 8 80 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 2. The relocated BIA sign is proposed to be installed directly behind an existing sign. There may also be site line issues at the entrance / exit. Please review the sign locations and update the drawing accordingly. 3. The proposed water service shall be cut into the existing water main. See valve locations as per County requirements. 4. An inspection manhole is to be installed on the sanitary PDC at property line. 5. Based on our records, the location of the existing storm sewer does not match the proposed location of the storm sewer on the approved servicing drawings for Kelseys. 6. After further review of the existing storm system, the storm discharge from the site is to be restricted to the remaining capacity in the 250mm dia. storm sewer, downstream from the existing manhole. Also, please verify the capacity of the existing STC1000 with this additional site. The SWM Report from JED Engineering outlines the discharge rates from both Kelseys and the existing parking lot to the west. 7. The proposed curb cut to remove the barrier portion of the concrete curb on Venison Street is to match the profile of a poured depressed curb of the same style. If this cannot be achieved a poured curb is to be constructed. Please keep in mind due to the parking configuration, pedestrians are required step over the curb and gutter, therefore the gutter portion of the concrete curb shall be flush with the depressed back. 8. Provide additional topographic information along the side and rear yard of Mn. 11 Venison Street to ensure the proposed curb will not affect existing overland surface drainage. 9. Please contact Derek Schonewille of Tillsonburg Hydro Inc. to discuss electrical servicing and easement requirements for the development. 10. Off street parking and the construction of Fox Alley shall constructed as per Town Standards at the applicant’s cost. 11. Applicant to provide screening / fencing along the east lot line for Mn. 11 Venison Street. Oxford County Public Works Department indicated that they have no comments regarding the proposed Official Plan Amendment and Zoning change. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on two occasions, August 31, 2015 & September 14, 2015. At the time this report was written, one commercial property owner in the vicinity has contacted planning staff with respect to the proposed parking relief. No written comments have been received to date. Planning Analysis The applications for Official Plan Amendment and Zone Change propose to permit a three storey mixed use building with medical office/retail on the ground floor and residential units on the 2nd and 3rd floors. The residential use will consist of 1 and 2 bedroom dwelling units. Special provisions are being sought for increased density, relief from parking requirements, and relief from lot coverage, amenity area, and landscaped open space requirements of the EC zone. The proposed development of the subject lands is considered to be an efficient use of the lands, municipal services and infrastructure. It is the opinion of this Office that the subject application is consistent with the housing, intensification, and redevelopment policies of the PPS. Page 6 of 8 81 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 Additionally, staff are of the opinion that this proposal will assist in providing a mix of housing types and tenures, while maintaining the strategic goal of the Official Plan to concentrate employment and retail uses within the Central Area. The proposal also supports the planned function of the downtown as per Section 8.3.2.1 of the Official Plan as it will increase the residential density of the Central Area and provide new retail and office space, reinforcing the strategic goal to locate commercial and offices uses primarily in the Central Area. The increased residential density of the site will facilitate a mixed-use development that will provide a positive contribution to the Central Area. Given the location of the subject property, the existing infrastructure and amenities of the Central Area are expected to accommodate the proposed use and meet the day to day needs of the tenants of the 20 dwelling units in the building. With respect to the requested parking relief, planning staff note that the 28 parking spaces provided on site will provide 1 space per dwelling unit, and 8 spaces for the medical office/ retail uses. The applicant has maximized the available space for parking on the site and has proposed to create 5 on-street spaces on Venison Street. A municipal lot is located adjacent to the subject lands that could accommodate overflow parking from the site, and the expected peak parking demand for the medical office/retail use will generally not conflict with the peak parking demand for Kelsey’s. During the day time (8-5pm), it appears that the municipal lot is underutilized. Plate 5 attached to this report depicts the available parking facilities in the vicinity. A parking analysis for municipal parking lots in the downtown area undertaken for the Central Area Design Study in 2012 indicated that the municipal lots in the proximity of Bridge St W / Kelseys/Metro were 66% occupied in mid-afternoon. The Central Area Design Study recommended that measures to encourage downtown residential dwellings with no parking requirements be explored. Planning staff recommend that the request for reduced parking be supported, subject to the applicant entering into a cash-in-lieu of parking agreement with the Town to contribute funds for future municipal parking lot development in the Central Area. Section 40 of the Planning Act empowers Town Council to enact a cash-in-lieu of parking program. The intent of the Cash-in-Lieu of parking program is to provide for reduced parking standards in the Central Area where parking and land area are at a premium. Payment to the Town is provided based on the actual cost to create one parking space in the Central Area, and the funds are held in reserve for future parking development. The Town’s Cash-in-Lieu of Parking policy is contained within Town By-Law No. 2649. Based on the approved formula and the purchase price for the land negotiated between the applicant and the Town, the fee per space is approximately $1570. The requirement for Cash-in-Lieu of Parking would be satisfied through the site plan process and site plan agreement. The proposed parking area will meet the required dimensions and aisle widths of the Zoning By-law, but requires relief of the minimum setbacks from streetlines and lot lines and minimum planting strip requirement. The development does not include any loading spaces, and proposes to provide 2 accessible parking spaces. The proposed parking design is not out of character with existing parking arrangements in the Central Area, where land area is often at a premium. Agency circulation did not indicate any concerns with the reduced setbacks for the parking area or the proposed access to the parking area from Fox Alley. The Town Engineering Services Department have indicated in their comments that fencing will be required to eliminate headlight glare onto the adjacent residential property located at 11 Venison St W. Planning staff recommend that this comment be addressed through the site plan approval process. With respect to the reduced minimum amenity area, minimum landscaped open space, and maximum permitted lot coverage, planning staff are of the opinion that in this particular instance, the proposed reductions and increased lot coverage are considered appropriate. Although the amenity area on site may be less than what is required by the provisions of the Entrepreneurial Zone, there are ample amenities off site in the Central Area, and the property is a central Page 7 of 8 82 Report No: CASPO 2015-195 COMMUNITY AND STRATEGIC PLANNING Council Date: September 28, 2015 location to the Town’s trail system. Other amenities in the Central Area or nearby include the four small urban parkettes, Oxford County Library, Kinsmen Participark, and Lake Lisgar. The applicant has been in discussions with Town and County staff regarding incorporating elements of the Central Area Design Study in the proposed site plan and building design. Many of the recommendations of the study have been incorporated. The subject property is identified in the study as being within the ‘Main Street Area’. The study indicates that ‘establishing quality landmark street oriented gateway buildings at the north and south ends of the Main Street Area is recommended in Section 2.4-Gateways, and is a central focus of this document’. The study recommends that new development along Broadway and in the Entrepreneurial District be between 2-3 storeys, and be built to the front property line or prevailing setback. The siting of the building and its main entrance address Broadway, thereby adhering to a principle of the Main Street Area. Although the building elevations provided are conceptual, they include many of the architectural details recommended by the Central Area Design Study. The location and proposed design is consistent with many recommendations and principles of the Central Area Design Study. In light of the foregoing, this Office is satisfied that the applicant’s request to amend the Official Plan on a site specific basis and rezone the subject lands to facilitate the development of a 3-storey mixed use building within the Entrepreneurial District is consistent with the PPS and supports the strategic objectives and general intent and purpose of the Official Plan and can therefore be given favourable consideration. RECOMMENDATIONS 1. It is recommended that the Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 15-02-7) as submitted by Rego Management Inc, for lands located at 253 Broadway, in the Town of Tillsonburg to establish a special development policy to permit a 3 storey mixed use building with an increased residential density on the Entrepreneurial District designated lands; 2. It is recommended that the Council of the Town of Tillsonburg approve-in-principle the zone change application submitted by Rego Management Inc, whereby the lands described as Lot 944 & Part Lot 945, Plan 500, known municipally as 253 Broadway, are to be rezoned from Special Entrepreneurial Zone (EC-2) to Special Entrepreneurial Zone (EC-sp). SIGNATURES Authored by: Eric Gilbert, MCIP RPP Senior Planner Approved for submission: Gordon K. Hough, MCIP, RPP Director Page 8 of 8 83 August 24, 2015 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 84 August 24, 2015 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 85 W:\DRAFTING\WORK\2014\1439_Mast.dwg, 21/08/2015 2:54:12 PM, CJDLPC16,1:25.4 1 T O W N O F T I L L S O N B U R G C y r i l J . D e m e y e r e L i m i t e d P . O . B o x 4 6 0 , 2 6 1 B r o a d w a y T i l l s o n b u r g , O n t a r i o . N 4 G 4 H 8 T e l : 5 1 9 - 6 8 8 - 1 0 0 0 8 6 6 - 3 0 2 - 9 8 8 6 F a x : 5 1 9 - 8 4 2 - 3 2 3 5 c j d l @ c j d l e n g . c o m VENISON S T R E E T BROADWAY - HWY. No. 19 FOX ALLEY 8 6 Plate 4- Proposed Building Elevations 87 September 21, 2015 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 770 Notes NAD_1983_UTM_Zone_17N 38 Meters 88 1.0 PURPOSE OF THE AMENDMENT The purpose of the amendment is to include a special policy to allow an increased residential density on certain lands in the Town of Tillsonburg to facilitate the construction of a mixed-use commercial/residential development, while maintaining the ability to use the said lands for a broad range of residential and commercial purposes currently permitted within the Entrepreneurial District. 2.0 LOCATION OF LANDS AFFECTED This amendment applies to land in the Town of Tillsonburg comprising an area approximately 1 757.7 m2 (18 920 ft2) that is legally described as Lot 944 & Part Lot 945, Plan 500. The lands are located on the southwest corner of Broadway and Venison Street and are municipally known as 253 Broadway in the Town of Tillsonburg. 3.0 BASIS FOR THE AMENDMENT The subject lands comprise lands currently designated Entrepreneurial District according to the Land Use Plan for the Town of Tillsonburg as contained in the County Official Plan. The text-only, site specific, amendment provides for increased residential density on the subject lands. The Entrepreneurial District provides for a maximum net residential density of 62 units per hectare (25 units per acre). The proposed mixed-use development would have a net residential density of 114 units per hectare (46 units per acre). Council is of the opinion that the increased residential density can be accommodated on the site and sufficient amenities are available in the Central Area to accommodate the proposed density. Further, the proposed use, scale and nature of the development supports the planned function of the Central Area as the first destination for retail and office uses, and increased residential development. 4.0 DETAILS OF THE AMENDMENT 4.1 That Section 8.3.2.3.2.3 - Specific Development Policies be amended to add the following subsection at the end thereof: “Lot 944 & Part Lot 945, Plan 500, Town of Tillsonburg – 253 Broadway Notwithstanding any other provision of this Plan, on those lands comprising approximately 1,758 m2 (18 920 ft2) located at the immediate southwest corner of Broadway and Venison Street and municipally known as 253 Broadway in Tillsonburg, the maximum net residential density for a mixed use development shall be 14 units per ha (46 units per acre). - 1 - 89 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policies of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policies of the Official Plan. - 2 - 90 WINONADR NORTH ST E DEVONSHIRE AVE A L L E N S T W O O D C O C K D R TANAGERDR OWL DR D E V O NCRT B R O A D W A Y ROSALYNNCIR E R I E C R T N O R T H E R N L A N E W I N D E M E R E A V E BELM O N T AVE L A M E R S C R T CAROLINA ST NORTH ST W F A L C O N R D V A N N O R M A N DR MOOSEST ADAMS AVE BROOKSIDE LANE P A R K P L V A N C E D R H U N T E R C R E S KEY MAP LANDS TO WHICH BYLAW ____________ APPLIES © 50 0 50 100 15025 METRES 91 92 93 Dutch-Canadian Friendship Tulip Garden Announcement Canadian Garden Council to: Rick 09/22/2015 04:10 PM Sent by: "Canadian Garden Council" <marketing=gardencouncil.ca@mail184.atl61.mcsv.net> Hide Details From: Canadian Garden Council <marketing@gardencouncil.ca> To: Rick <rcox@tillsonburg.ca>, Sent by: "Canadian Garden Council" <marketing=gardencouncil.ca@mail184.atl61.mcsv.net> Please respond to Canadian Garden Council <marketing@gardencouncil.ca> History: This message has been forwarded. 140 Dutch-Canadian Friendship Tulip Gardens to Blossom Across Canada Thank you for your application for a 70th Anniversary Dutch-Canadian Friendship Tulip Garden, made p donation of tulip bulbs from Vesey’s Bulbs Ltd., and with the collaboration with the Canadian Tulip F Nursery Landscape Association, National Capital Commission and Canada Post. The response across Canada for the Friendship Tulip Gardens was overwhelming. Our judges had very t with so many worthy gardens from which to choose, including the need to ensure an equitable coast-to-c Friendship Gardens. CONGRATULATIONS! Your praiseworthy application was chosen to receive one of the 140 Friendship Tulip Gardens For a complete list, you can visit http://www.canadasgardenroute.ca/cg/index.php/anniv A media release will be distributed nationally on Thursday, September 24th As a successful applicant, you have agreed to: z Organize a public Planting Ceremony event in the fall of 2015 and Bloom Celebration in th z Include veterans, school children and local dignitaries in both these events z Implement a local public relations campaign about the Friendship Tulip Gard z Distribute media release (downloadable at: Page 1 of 4Dutch-Canadian Friendship Tulip Garden Announcement 9/24/2015file:///C:/Users/rcox/AppData/Local/Temp/notes48DFC4/~web1535.htm 94 http://www.canadasgardenroute.ca/cg/files/Media_Release_template_for_Friendship_Tulip_Garde your Planting Ceremony to your local media z Engage with a national social media campaign on:Facebook, Twitter and Instag z Install signage, which will be sent to you along with your bulbs, in order to identify the ‘70th Anni Friendship Tulip Garden’ z Document, in writing and visually, your garden and activities for the program re z Participate in the evaluation of the program z Provide public access to the garden In the near future, you will be receiving a shipment of bulbs along with a planting guide, checklist and si engage your community, share widely with media, take pictures and connect with our social me We wish you continued success in bringing the enjoyment and beauty of gardens to your community, acknowledging the 70th Anniversary of the Dutch Royal Family’s gift of 100,000 Dutch tulip bulb On behalf of the collaborating partners and Vesey’s Bulbs, we sincerely thank you for your interest in, an Anniversary Dutch-Canadian Friendship Tulip Garden program. Happy planting! Michel Gauthier Executive Director, Canadian Garden Council director@gardencouncil.ca 613 301 4554 * * * * * * * * * * * 140 Jardins tulipes de l’amitié fleuriront au Canada Nous vous remercions de votre demande pour un jardin tulipe de l’amitié néerlandaise-canadienne du 70e possible grâce au don de bulbes de tulipes de Vesey’s Bulbs, et avec la collaboration du Festival canadien l'Association canadienne des pépiniéristes et des paysagistes, la Commission de la capitale nationale et Po La réponse à notre offre d’un jardin tulipe de l’amitié fut surprenante et est venue de partout au Canada. N décisions très difficiles à prendre avec autant de demandes dignes d’être choisies, y compris la nécessité d équitable à travers le pays des jardins d'amitié. Page 2 of 4Dutch-Canadian Friendship Tulip Garden Announcement 9/24/2015file:///C:/Users/rcox/AppData/Local/Temp/notes48DFC4/~web1535.htm 95 Félicitations! Votre demande a été choisie pour recevoir l'un des 140 jardins tulipes de l’amitié canadienne-néerlandaise du 70e anniversa Pour une liste complète, vous pouvez visiter http://www.routedesjardinsducanada.ca/cg/index.php/anniversary Un communiqué de presse sera distribué à l'échelle nationale le jeudi, 24 septembr En tant que récipiendaire, vous avez accepté de: z Organiser une Cérémonie de plantation public à l'automne de 2015 et une de floraison au p z Inviter des anciens combattants, des enfants d’écoles et des dignitaires locaux à participer à ce z Mettre en œuvre une campagne locale de relations publiques pour votre jardin de z Distribuer un communiqué de presse au sujet de votre Cérémonie de plantation à vos médias communiqué pour les récipiendaires d’un jardin est téléchargeable au lien suivant: http://www.canadasgardenroute.ca/cg/files/Media_Release_template_for_Friendship_Tulip z Créer un lien avec la campagne nationale de médias sociaux à: Facebook, Twitter et z Installez la signalisation, qui vous sera envoyé avec vos bulbes z Documenter, par écrit et visuellement, votre jardin et vos activités pour le rapport de votr z Participer à l'évaluation du programme z Fournir un accès à votre jardin pour le grand publique Vous recevrez prochainement vos bulbes avec un guide de plantation, liste de vos engagements et la sign rappelons d’inclure votre communauté, de partager largement avec les médias, de prendre des photos et d nos plates-formes de médias sociaux. Nous vous souhaitons beaucoup de succès dans votre initiative d’amener ce jardin à votre communauté af anniversaire du cadeau de 100,000 bulbes de tulipes de la famille royale néerlandaise aux canadiens. Michel Gauthier Executive Director, Canadian Garden Council director@gardencouncil.ca 613 301 4554 Page 3 of 4Dutch-Canadian Friendship Tulip Garden Announcement 9/24/2015file:///C:/Users/rcox/AppData/Local/Temp/notes48DFC4/~web1535.htm 96 Copyright © 2015 Canadian Garden Council, All rights reserved. You are receiving this email because you entered our contest to apply for a 70th Anniversary Dutch-Canadian Friendship Tulip Garden. Our mailing address is: Canadian Garden Council 7856 Fifth Line South Milton, ON L9T 2X8 Canada Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list Page 4 of 4Dutch-Canadian Friendship Tulip Garden Announcement 9/24/2015file:///C:/Users/rcox/AppData/Local/Temp/notes48DFC4/~web1535.htm 97 STAFF REPORT CLERKS OFFICE Title: Ontario’s Municipal Legislative Review Report No.: CL 15-20 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee Date: SEPTEMBER 28, 2015 Attachments: RECOMMENDATION THAT Council receives Report CL 15-20 Ontario’s Municipal Legislative Review, as information. EXECUTIVE SUMMARY Mandated to update the Municipal Act every five years, the Ministry of Municipal Affairs and Housing (MMAH) is presently consulting with key stakeholders on important elements of Ontario’s municipal legislative framework, including the Municipal Act, the City of Toronto Act, and the Municipal Conflict of Interest Act. The Government of Ontario is aiming to hear from municipalities, organizations, elected officials, experts, and Ontarians in every part of the province about how this legislation might be improved by October 31, 2015. There are three main themes that the review will focus on: 1. Accountability and Transparency 2. Municipal Financial Sustainability 3. Responsive and Flexible Municipal Government The province has provided a public consultation discussion guide which can be found at: http://www.ontario.ca/provincialmunicipalreview. The guide outlines the provinces goals to ensure local governments remain strong and financially- sustainable and that municipalities have the tools to be flexible, responsive and accountable to the residents they serve and outlines ways to provide feedback either online at: Ontario.ca/provincialmunicipalreview or email to municipalreview@ontario.ca or by mail to the Ministry Legislation Review office in Toronto. The Municipal Act came into force in 2003 and was last reviewed in 2006. The act requires the Ministry of Municipal Affairs and Housing (MMAH) to review the act every five years. The Act provides municipalities with natural person powers and broad powers which allow municipalities to enter into 1 CAO 98 contracts, to pass bylaws in relation to a wide range of areas including the governance structure of the municipality, financial management, economic, social and environmental well-being of the municipality and health, safety and well-being of persons and delegate municipal powers. The Municipal Act also sets out provisions for accountability and transparency and requires the establishing of codes of conduct for members of municipal council. The City of Toronto Act is the counterpart legislation to the Municipal Act. It creates the legal framework for the roles, responsibilities and powers for the City of Toronto and its local bodies, such as city boards or committees. This act provides broad authority to levy taxes in addition to property taxes, beyond those available to other Ontario municipalities. A code of conduct for Council and board members is required as well as an Integrity Commissioner, City Ombudsman, Auditor General and a Lobbyist Registry. The Municipal Conflict of Interest Act sets out rules to help ensure municipal council members and members of local boards do not take part in meetings to consider matters that they may have a pecuniary interest in. 1. Accountability and Transparency Accountability and Transparency has become the theme of this review based on what MMAH has heard from municipalities and the public. In terms of accountability and transparency the ministry will review Codes of Conduct, Integrity Officers, Conflicts of Interest and Open Meetings. The Province is asking a number of questions relating to accountability and transparency such as: • Does your municipality have a code of conduct and should there be a greater range of penalties for violating a code of conduct? • Are there gaps in the current municipal accountability and transparency system? And if so, what tools would support greater accountability and transparency in local government? a. Conflict of Interest Town Council has a legal and ethical duty to comply with the Municipal Conflict of Interest Act as well as the Town’s Code of Conduct Policy. The Act sets out ethical rules for council pertaining to certain pecuniary (financial) interests in a matter before them, and any elector may apply to a court if he feels an elected official has violated the act and the courts shall then decide upon the matter. The Province is asking the following questions relating to conflict of interest rules for municipalities: • How might conflict of interest rules be made clearer for municipal officials and the public? • Do you think the current rules prevent municipal councillors from participating in municipal decision making too often? Do you feel that your own councillor/board member (e.g. school trustee) has been able to represent your interests at meetings given these conflict of interest rules? • Do you think municipal councillors need more support to comply with conflict of interest rules? For example, having a municipality make expert or legal advice available to them. 2 CAO 99 • How could public access to the decision-making process about conflicts of interest be improved? • What do you think are the appropriate penalties for violating conflict of interest rules? • Who should enforce municipal conflict of interest rules? b. Open Meetings Municipal Council Meetings must be open to the public with the exception of a limited number of reasons as set out in Section 239 of the Municipal Act. Any person may request an investigation as to whether the meeting was properly closed to the public. Tillsonburg has not appointed an independent meeting investigator therefore the Ontario Ombudsman will investigate all closed meeting complaints. The Province is asking the following questions relating to open meeting requirements: • Do you think there should be more options for municipal councils to use technology in holding meetings? (e.g. internet video conferences?) Please provide examples. • Do you think that the public has appropriate access to council meetings? How could municipal council meetings be more transparent? • Under what circumstances do you think it is appropriate for council to discuss matters in private? (e.g. personal information, security of the municipality). Overall the Province is requesting comments regarding current accountability and transparency framework for municipalities and is asking the following questions: • Overall, what do you see as the province’s role in supporting municipal and local board accountability and transparency? What do you see as your municipality’s role? • How effective are the accountability and transparency requirements in the Municipal Act, City of Toronto Act and Municipal Conflict of Interest Act? • How might accountability and transparency rules be made clearer for municipal officials, board members and the public? 2. Municipal Financial Sustainability Municipal financial sustainability can be defined as the ability to match expenditures well with revenues – on both an operating and capital cost basis. The review is to determine if existing municipal financial tools can be used more effectively, if municipalities have the necessary tools to effectively plan for, prioritize and fund investments in infrastructure and spending on services and to identify what barriers municipalities may face in achieving long-term financial sustainability. The Province is asking the following questions relating to municipal financial sustainability: • Do you feel your municipality is able to effectively plan for and prioritize its investments in infrastructure (e.g. roads, bridges, water systems, public transit) and its spending on services (e.g. fire, police, water, garbage, public health, recreation programs)? 3 CAO 100 • Municipalities have a number of options when deciding how to pay for services and projects (e.g. property tax, user fees). Do you feel your municipality is using the right mix of revenue sources to pay for local services and invest in infrastructure? • Are there changes to current tools that could contribute to municipal financial sustainability (i.e. ability to meet current and future financial needs)? • Do regional variations (e.g. economy, geography, demographics) present barriers to municipalities achieving long-term financial sustainability? If so, how can these challenges be addressed in the Municipal Act? 3. Responsive and Flexible Municipal Government The Province wants to ensure that municipalities have the powers and the flexibility to govern in a responsible and accountable manner. The province will consider whether municipalities are able to be innovative in how they are providing services to the community, how improvements to the Municipal Act can help ensure that municipalities can make the best use of their authority and available tools to respond to climate change and other municipal and provincial priority areas, and whether the Municipal Act has the necessary processes in place to address local needs. The Province wants to know: • What steps is your council taking to improve the quality of municipal services or to save money in the way municipal services are provided to the community? • Are you aware of any challenges and/or barriers that may prevent your council from providing municipal services, such as economic development, roads or parks, in a more effective and/or innovative manner? a. Climate Change Mitigation Climate change mitigation is one of the most significant challenges of our time and the Province wants to ensure the long-term prosperity and livability of our communities. The Ministry of the Environment and Climate Change (MOECC) is leading Ontario’s efforts to fight climate change and the MOECC is currently developing a climate change strategy and action plan to be announced later this year. The Province wants to know the following: • Has your local council integrated climate change considerations in its policies, programs and decision making processes? • What tools do municipalities need to address climate change mitigation & adaptation? • Are you aware of any challenges and/or barriers that your council is facing in implementing initiatives related to climate change? b. Local Representation The Municipal Act sets out rules that municipalities must follow if they wish to change the size of council and for regional and upper tier municipalities if they wish to change the way members 4 CAO 101 are selected (directly to upper-tier council) or if they wish to change the way their upper-tier head of council (Warden) is selected. The Province is asking: • Does the Municipal Act process for changing regional municipal council representation allow regions to respond to changing demographics and/or rapid population growth? If not, do you have suggestions for how these issues can be addressed? • How can local bodies, such as community councils, best be used to increase community input in municipalities? 4. Municipal Elections Act The Ministry of Municipal Affairs and Housing also reviews the Municipal Elections Act (MEA) after each Ontario municipal election to determine if it meets the needs of Ontario communities. Currently the Province has committed to providing municipalities with the option of using ranked ballots in the 2018 election. AMCTO has assembled a group of Municipal Clerks to provide a submission to MMAH around two major themes, including 1) Modernization and 2) Clarity. The recommendations in the document are too numerous to mention however the full report can be found at: http://www.amcto.com/imis15/content/GOVT_RELATIONS_ISSUES/AMCTO_MEA_Submission. aspx Some of the recommendations include: • amendments to the Act to allow Candidates to file financial forms electronically, without passing a by-law, and remove the requirement for original signatures except on the nomination form and appointing a proxy form; • accessibility reports would be posted to an accessible web page rather than going to Council; • shorten municipal elections and nomination filing to begin on June 1st of the election year; • clarify the conflicting authority of Council versus staff with respect to election administration and provide the Clerk authority to determine vote casting and counting methods for the municipality; • give the Clerk discretion to extend voting hours and allow for advance voting and extend the clerk’s discretion to remove a name from the voters’ list, and work with the Ministry of Education to mandate Election Day as a province-wide professional development day for municipal and school-board elections; • establish rules for finalizing financial statements and review penalties and clarify the role of the Clerk when it comes to enforcement. a. Clarifying Campaign Finance The current campaign finance rules in the MEA are important instruments to ensure fairness and accountability in our elections. The ability to include questions on the ballot during municipal elections is an important way to allow local governments to engage their citizens and involve 5 CAO 102 them in important decisions being made by the community. However, while the concept is clear, the rules and process, outlined in the MEA, is not. The recommendations include: • Create a new section dedicated to Question/ By-law Registrants, clearly defining the rules, who must register, and a process for noncompliance. • Establish rules for finalizing financial statements and auditors’ reports (Form 4), and clarify if a candidate is allowed to makes changes before the filing deadline. b. Enhancing Enforcement The MEA does not currently provide an effective mechanism for enforcement. The recommendations include: • Review the penalties and oversight contained in the Act, and consider a range of potential penalties, so that the severity of each punishment matches the nature of each offence. • Clarify the role of the Clerk when it comes to enforcement. CONSULTATION/COMMUNICATION Meeting briefly with the MMAH representative at the CAOs, Clerks, and Treasurer’s meeting on June 26th, staff were briefed on the municipal legislation review and were provided with the discussion guide. Subsequently, at a meeting of the Oxford County Clerks on July 8th, a discussion took place in regards to the proposed changes under the accountability and transparency section. A subcommittee of Clerks was formed to investigate the possible appointment of a joint integrity officer to serve the County of Oxford. A subsequent report will come to council once more information is available from the subcommittee. At the CAO’s Forum hosted on July 9th, the CAO and the Town Clerk participated in a discussion with CAOs and Clerks from South-Western Ontario and staff from the Ministry of Municipal Affairs on the three main topics of the legislative review. Forum participants were provided with the opportunity to express their recommendations for changes to the legislation via group discussions, surveys, and written online submissions following the forum. The Ministry compiled notes from the sessions which will be used to provide recommendations to changes to the legislation. The recommendations to the Minister of Municipal Affairs and Housing from AMO are now available on the Ministry’s web site. To review the full AMO Submission to the Minister of Municipal Affairs and Housing concerning the 2015 Municipal Act Five-Year Review and Conflict of Interest Review go to: http://www.amo.on.ca/AMO-PDFs/Reports/2015/AMO-Submission-to-the-Minister-of-Municipal- Affair.aspx The CAO and Town Clerk have welcomed the opportunities to engage in the legislative review and are encouraging council to participate in the discussion with MMAH. There are various avenues available for submitting comments to the Ministry including an online forum to submit feedback, an e-mail submission avenue, and a mail submission option. Information is available at www.mah.gov.on.ca FINANCIAL IMPACT/FUNDING SOURCE No direct financial impact 6 CAO 103 STAFF REPORT CLERKS OFFICE Title: Bill 8 – Public Sector and MPP Accountability and Transparency Act Report No.: CL 15-24 Author: DONNA WILSON, Meeting Type: COUNCIL MEETING Council/Committee Date: SEPTEMBER 28, 2015 Attachments: RECOMMENDATION THAT Council receives Report CL 15-24, Bill 8 as information; AND THAT staff report to Council on policy updates required in response to Bill 8. EXECUTIVE SUMMARY Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, was passed and given Royal Assent in December, 2014. In May 2015, it was announced that it will be proclaimed into force as of January 1, 2016. Many of the provisions in the new legislation relate to the themes of openness, transparency, accountability etc., and the legislation allows for an expanded set of powers and protocols for the Office of Ontario’s Ombudsman. Among other things, the new statute will allow the Ontario Ombudsman to oversee the administration, governance, and operation of not just local government, but over the entire “MUSH” sector, being municipalities, universities, school boards and hospitals. Previous to Bill 8, Bill 130 came into force in 2007 and amended the Municipal Act, 2001. Municipalities were given the option to create: • Codes of Conduct • Integrity Official positions: o Integrity Commissioners o Auditor Generals o Local Ombudsmen o Closed Meeting Investigators • Lobbyist registries and registrars 1 CAO 104 Many municipalities have considered and/or are already working with some of the Bill 130 provisions. As an example, a joint Closed Meeting Investigator was established and a joint agreement is accessible to all municipalities in Oxford County. The Town of Tillsonburg currently is not part of this agreement and chose to rely on the Ontario Ombudsmen as our default meeting investigator. Further, Tillsonburg has previously established a Code of Conduct for Councillors which is currently being reviewed. Bill 8 will amend subsection 14(1) of the Ombudsman Act to allow the ombudsman to “investigate any decision or recommendation made or any act done or omitted in the course of the administration of a public sector body and affecting any person or body of persons in his, her or its personal capacity.” Therefore, any member of the public may now bring their concerns about municipalities (including Council or administration) to the Ontario Ombudsman. It should be noted that the Town’s legal counsel and police service board are exempt. Bill 8 does not change the provisions of Section 239 of the Municipal Act regarding closed meetings but the Ontario Ombudsman will remain the default if a municipality does not have its own closed meeting investigator. Similar to the Closed Meeting Investigator provisions, where a municipality does not appoint its own integrity official(s), the Office of the Ontario Ombudsman will become the ‘default’ investigator. As a summary, the amended powers of the Ontario Ombudsman under Bill 8 are as follows: • The Ontario Ombudsman will become the default ombudsman for municipal governments that do not appoint a municipal ombudsman, except in the City of Toronto; • The Ontario Ombudsman will have ‘final oversight’ of individual complaints even where a municipal ombudsman has been appointed, except in the City of Toronto: o Even if a municipal ombudsman has been appointed, the Ontario Ombudsman may investigate complaints if:  the Municipal Ombudsman has completed his/her investigation  a complaint was made to the Municipal Ombudsman and he/she refused to investigate  the time for bringing a complaint to the Municipal Ombudsman has expired o The Ontario Ombudsman will also have oversight of municipal Auditor Generals and Integrity Commissioners; • While the Ontario Ombudsman can also investigate on his own, it is understood that this would be reserved for systemic issues or matters of the broader public good relating to all municipal governments, including the City of Toronto. In accordance with Bill 8, Council should now consider exercising its authority to appoint an Integrity Commissioner and/or Municipal Ombudsman. As noted above, municipalities may continue to appoint and retain their own Integrity Official(s) as provided for in Bill 130, or now through the provisions of Bill 8, simply use the services provided by the Office of the Ombudsman. Currently, the City of Toronto is the only municipality in Ontario to appoint a Municipal Ombudsman and most municipalities simply have relied on existing processes and procedures for handling a variety of matters that might otherwise be investigated by Integrity Official(s). 2 CAO 105 Municipal Integrity Officials could focus on local issues and address them within the local context of the Town and its residents before issues are potentially sent to the Ontario Ombudsman. If a local Integrity Official has taken the necessary steps to conclude an investigation, a complainant can still decide to take the matter to the Provincial Ombudsman, who may review the matter and overrule the decision. However, the Ombudsman’s office has indicated that regardless of whether or not a local Ombudsman has been appointed, the Ombudsman’s office will continue to encourage resolution at the local level before launching an investigation. In accordance with section 223.3 of the Municipal Act, 2001, Integrity Commissioners are responsible for performing, in an independent manner, the application of the code of conduct, procedures, rules, and policies and ethical behavior of members of council and local boards. Section 223.13 of the Municipal Act, 2001 states that local Ombudsman are responsible for investigating, in an independent manner, any decision or recommendation made or act done or omitted in the course of the administration of the municipality and affecting any person or body of persons in his, her or its personal capacity (the same definition as that being added to the Ombudsman Act). If the Provincial Ombudsman does in fact decide to conduct an investigation into a matter, the head of the institution must be informed before the investigation starts, and the institution must be provided an opportunity to make representations to the Provincial Ombudsman if the report or recommendations may adversely affect the institution. The Provincial Ombudsman will make recommendations after an investigation and it will be up to the municipality as to whether or not to adopt the recommendations. Should the municipality wish to appoint its own Integrity Officials, there would be an associated cost. Although Staff currently do not know what the exact cost would be, there might be some opportunity to take part in a shared resource arrangement with other County of Oxford municipalities (similar to the closed meeting investigator arrangement), which could provide a cost savings through economies of scale. On the other hand, there is no charge for the services provided by the Provincial Ombudsman and, even if a local Integrity Commissioner or Ombudsman is appointed, the complaint could still be sent to the Ontario Ombudsman after the local investigation has been concluded. Many municipalities have appointed Integrity Commissioners and the responsibilities, qualifications, and availability is well defined. However, the responsibilities, qualifications, and availability of Municipal Ombudsman is still unknown and municipalities are struggling with defining what the role will look like, what qualifications are required, and what the cost will be. York Region has recently put out a Request for Information to try to address some of the unknowns by “inviting interested Respondents that may be able to fulfill the role of Ombudsman and provide Ombudsman Services, to submit information on Ombudsman Services including identifying and establishing administrative and operational supports.” It may be wise for Council to choose not to appoint Municipal Integrity Officials at this time until the possible process and cost is better known. The Provincial Ombudsman would become the Town’s default Ombudsman as of January 1, 2016, at no cost; however Council would still have the option to appoint Municipal Integrity Officials at any time after that. Staff would continue to monitor developments and possible costs (including opportunities for joint 3 CAO 106 appointment with other municipalities) and bring forward recommendations accordingly. In addition to examining whether or not to appoint a Municipal Ombudsman and/or an Integrity Commissioner, the necessary corporate policies such as an Accountability and Transparency policy, an updated Council Code of Conduct and Procedural By-law and a Records Management Policy will also be brought to Council in the near future for review. Policy updates in response to Bill 8 will likely be required either way. Staff will continue to monitor developments under Bill 8, including the potential improvements to municipal complaints management systems being championed by the Association of Municipalities of Ontario (AMO). Suggested options/resolutions for Council to consider at this time are as follows: Option 1 – Do not appoint Municipal Integrity Officials and direct that the Ontario Ombudsman become the default ombudsman for the Town of Tillsonburg: THAT Council receive Report cl 15-24, Bill 8 as information; AND THAT staff report to Council on policy updates required in response to Bill 8. Option 2 – Appoint an Integrity Commissioner only to investigate alleged Council violations of the Code of Conduct: THAT Council directs staff to begin recruitment for the position of Integrity Commissioner; AND THAT staff be directed to investigate options for a joint appointment with other municipalities. Option 3 – Appoint a Municipal Ombudsman only to investigate any decision or recommendation made or act done or omitted in the course of the administration of the municipality: THAT Council directs staff to begin recruitment for the position of Municipal Ombudsman; AND THAT staff be directed to investigate options for a joint appointment with other municipalities. Option 4 Appoint an Integrity Official to act as an Integrity Commissioner and a Municipal Ombudsman: THAT Council directs staff to begin recruitment for the position of Integrity Commissioner and Municipal Ombudsman; AND THAT staff be directed to investigate options for a joint appointment with other municipalities. 4 CAO 107 CONSULTATION/COMMUNICATION At the meeting of the Oxford County Clerks on July 8th, discussion took place in regards to the proposed changes under Bill 8, the Public Sector and MPP Accountability and Transparency Act, particularly the accountability and transparency section. A subcommittee of Clerks was formed to investigate the possible appointment of a joint integrity officer to serve the County of Oxford. As a result, this report is before council for consideration. COMMUNITY STRATEGIC PLAN IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Bill 8 and the review of Corporate Policies provides the public with regular updates on ongoing initiatives and appropriate contacts. The updated policies will provide citizens with key performance indicators for this initiative. FINANCIAL IMPACT/FUNDING SOURCE No financial impact at this time, however if council were to appoint an Integrity Commissioner or Municipal Ombudsman there would be a cost which has not been determined at this point. 5 CAO 108 STAFF REPORT CLERK’S OFFICE Report Title: Retail Shopping Cart Removal & Abandonment Report No.: CL 15-23 Author: Tricia Smith, Deputy Clerk Meeting Type: REGULAR COUNCIL Council Date: SEPTEMBER 28, 2015 Attachments: DRAFT SHOPPING CART BY-LAW RECOMMENDATION: THAT Council receives report CL 15-23, Retail Shopping Cart Removal & Abandonment as information. BACKGROUND EXECUTIVE SUMMARY At the June 22, 2015 Council meeting, a request was made by the Police Services Board through Council directing staff to look into possible solutions in relation to the growing number of abandoned shopping carts within the Town of Tillsonburg. Larry Scanlan, Chair of the Police Services Board indicated in his presentation to Council that there is a prolific growth of vagrant shopping carts within the municipality. Complaints have been received regarding the abandonment of shopping carts in the angled parking spaces on Broadway which pose a safety hazard to traffic, especially at night. He also indicated that local businesses which have shopping carts removed from their premises, are not showing a concern for their retrieval (i.e. picking up the shopping carts or offering a reward for their return). In discussions between the Clerk’s Office and the Director of Operations, Kevin De Leebeeck, it was identified that shopping carts appearing in various locations in the downtown core has been a growing concern in recent years. Abandoned carts on or near road allowances and in municipal parking lots, could interfere with Operations work causing increased time and costs to perform street sweeping and leaf collection and can occasionally damage snow removal equipment. The Town of Tillsonburg has authority as per sections 63(1) and 127(c) of the Municipal Act, 2001, to prohibit and to regulate the placing, stopping or standing of an object on or near a highway, as well as to prohibit the depositing of refuse or debris on land without consent of the owner or applicant of the land. As such, the Town may cause to be removed any objects including that of abandoned shopping carts placed on rights of ways and sidewalks to allow for the safe passage by motorists and pedestrians and from Town and private property. 109 At this time, the Town does not have a collection system in place for the return of abandoned shopping carts to business owners or to provide temporary storage of shopping carts deposited or disposed of on Town or private property. To date, the Roads Department has not received any contact from store owners inquiring about abandoned carts within the Town. Currently, any carts that are found that are in poor condition in municipal parking lots following the snow removal season are scrapped by the Roads Department. Public generated complaints regarding abandoned shopping carts can be received by telephone or through the Town website and be directed through an internal ACR request to the Roads Department. However, in the last 3-4 years, no complaints have been received by the Town regarding abandoned shopping carts in the community. In late August, the Clerk’s office forwarded a letter and a copy of a proposed shopping cart by- law to four major retailers in the downtown core which provide shopping carts to their customers, in an effort to collect comments and suggestions about the abandonment of shopping carts in the community. Please find a copy of the draft by-law attached as Schedule A for your information. Additional information was also gathered as a result of further discussions between that of the Deputy Clerk and store managers/owners about the current cart management programs each business operates and whether the removal of shopping carts from the business premises poses a significant concern. Out of the four retailers contacted, only one indicated that shopping carts being removed from their business premises by patrons posed a significant issue and operating expense and supported the implementation of a regulatory by-law by the Town. Retailers consulted inquired about the fine process which may be included within the provisions of a by-law and whether individuals could be fined if found in possession of a shopping cart off of store property. In this case the fine process may be more difficult to enforce as individuals would have to be charged at the time they are in control of the cart and the issue seems to be more with carts that have been abandoned within the Town. In consultation with Inspector Tim Clark with the Ontario Provincial Police, Tillsonburg Branch, it was identified that the only way for the OPP to take action in regards to a shopping cart being removed from a business premises, was for the business owner to report the cart(s) stolen and an investigation be initiated by the police. The owner would be required to identify the cart(s) stolen, provide a statement to the police and testify in Woodstock Court. Inspector Clark also indicated that police would only be able to issue a ticket on the spot to an individual with a shopping cart in their possession off store property, if such a provision was provided for within a regulatory by-law for the Town. However, concern was expressed regarding this ticketing practice as it has the potential to increase calls for service and theft investigations by the Police, and would interfere with efforts under the new billing process to decrease calls and lower policing costs. It was suggested that this enforcement practice could be included in the duties of that of the Tillsonburg By-Law Enforcement Officer and assistance on the weekends could be provided by the OPP. It was indicated that by-laws enforced by the OPP have to be agreed upon by the Detachment Commander and the Police Services Board for the Town. From January 1, 2015, no cases of 110 theft of shopping carts were reported to the police in Tillsonburg, but there were a couple of complaints received regarding mischief with youth riding carts in parking lots. In summary, the OPP have had very few incidents involving vagrant shopping carts and the Town’s internal ACR (Active Citizen Response) has had no complaints filed in a number of years. The Director of Operations issue regarding carts abandoned in the downtown core would most likely exist with or without a by-law in place as the carts are generally abandoned in municipal parking lots in the downtown core. Therefore, staff recommend that no further action be taken by the Town at this time and that Town staff continue to remove from any municipal highway or sidewalk any abandoned shopping cart(s) which may pose a risk to public safety. Three businesses noted that they have employed a retrieval program or have a staff member locate and return abandoned carts to their store and that loses over the past year have been minimal (3 or less). Arrangements are made by the store manager/owner for the retrieval of abandoned cart(s) when complaints are received from the public. One of the businesses contacted indicated that carts are brought back into their store each evening at the end of business hours and an inventory of the carts is maintained, which helps to reduce the likelihood of loss or removal. CONSULTATION/COMMUNICATION In addition to consultation with local retailers, the Clerk’s office conducted a review of a number of methods implemented by other municipalities in their efforts to address abandoned shopping carts. Those reviewed included the City of Guelph, City of London, City of Mississauga, City of Ottawa and the Town of Markham. The municipalities that passed a by-law to prohibit and regulate the removal of shopping carts were much larger and the businesses affected controlled their own parking facilities. In Tillsonburg, most of the affected businesses use municipal parking lots to house their shopping cart corals. Through discussions with the four major retailers in the downtown core, it has been determined that three out of the four retailers currently have a system in place for the collection and return of shopping carts removed from their premises. It was also concluded that the rate of loss and removal of shopping carts from these businesses is minimal. The fourth business did not provide comment on any retrieval program, however we believe that they have a system in place at this time. COMMUNITY STRATEGIC PLAN IMPACT 3. Demographic Balance Efforts to deal with the abandonment of shopping carts will ensure that Tillsonburg is an attractive place to live. If an issue is identified and it is not addressed it could impact the efforts made in the beautification of the Town and the vision to make Tillsonburg a desirable place to live and visit. FINANCIAL IMPACT/FUNDING SOURCE Financial impact is not known at this time. 111 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. XXXX (DRAFT) A BY-LAW to prohibit and regulate the abandonment of retail shopping carts within the Town of Tillsonburg. WHEREAS Section 10(2), paragraph 6 of the Municipal Act, 2001 (Act), authorizes a municipality to pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS Section 63(1) of the Municipal Act, 2001, authorizes a municipality to pass a by- law to prohibit and to regulate the placing, stopping or standing of an object on or near a highway; AND WHEREAS Section 127(c) of the Municipal Act, 2001, authorizes a municipality to prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; AND WHEREAS Section 128(1) of the Municipal Act, 2001, authorizes a municipality to prohibit and regulate with respect to public nuisances, including those matters that in the opinion of Town council, are or could become or cause a public nuisance; AND WHEREAS section 391(1), paragraph (a) of the Municipal Act, 2001 authorizes a municipality to impose fees or charges on persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Corporation of the Town of Tillsonburg considers shopping carts which are deposited, disposed of or abandoned within the Town, including but not limited to land owned, leased or occupied by the Town, are unsightly, constitute a public nuisance in that they may create a hazard for travelers on the highway and users of Town property, may impede sidewalk and road maintenance, and furthermore may be a risk to public safety; NOW THEREFORE THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS: For the purposes of this by-law: Collection Fee: Means the fee charged to a business owner by the Town of Tillsonburg for the collection and return of a shopping cart as set out in the Town of Tillsonburg’s Rates & Fees By- Law. 112 Highway: Means a common and public highway or part of a highway, and includes the sidewalk and boulevard and any bridge, trestle, viaduct or other structure forming part of the highway. Town Property: Means any lands, buildings or structures owned, leased or occupied by the Town of Tillsonburg. Town Staff: Means employees that work for the Tillsonburg Public Works Department. Owner: Means a person or business who owns or provides shopping carts to customers in connection with the business. Premises: Means the entire area owned or used by a business including the parking area and all common areas used by customers of the business. Shopping Cart: Means a non-motorized basket mounted on wheels, or a similar device made available to a customer by an owner or operator of a business for the purpose of collecting and transporting merchandise while on the business premises. Shopping Cart Management System: Refers to a structure, device, signage, service or other shopping cart retention method put into place to prevent unauthorized removal of a shopping cart from the premises of a business during business hours, as well as to secure carts after close of business. Measures may include coin deposit systems, wheel locking mechanisms, physical or magnetic barriers to contain carts within the business premises, collecting carts at the end of business hours, etc.). Town: Means the Corporation of the Town of Tillsonburg. 2. PROHIBITIONS a) No person shall remove a shopping cart from the premises of the business that owns or provides the shopping cart. b) No person shall abandon a shopping cart on or near a highway or any land, including that owned or occupied by the Town. c) No owner shall permit a shopping cart to be removed from their business premises without recourse for its prompt return. 113 d) Subsections (a) and (b) do not apply to a shopping cart being removed from the business premises by the owner, or on the owner’s behalf, for repair, maintenance or disposal. 3. OBLIGATIONS OF OWNER a) Owners of a business which provide shopping carts to customers at the business premises shall implement a Shopping Cart Management System. b) Owners shall permanently affix the name of the business for which the shopping cart is being supplied on every shopping cart in a legible and easily identifiable manner. 4. REMOVAL & RETURN OF SHOPPING CART a) Town staff may cause to be removed any shopping cart placed, left or abandoned on Town property or on or near a public highway. If the owner of the cart can be identified, Town staff shall return the cart at the owner’s expense. b) Town staff may cause to be removed any shopping cart placed, left or abandoned on private property with the consent of the occupant or registered owner of the land. If the owner of the cart can be identified, Town staff shall return the cart at the owner’s expense. c) The owner of a shopping cart that is returned to it by the Town shall be responsible for payment of a Collection Fee as set of in the Town of Tillsonburg Rates & Fees By- Law. d) Any Collection Fee that remains unpaid by the owner constitutes a debt of the owner to the Town of Tillsonburg and may be added to the tax roll for the property on which the business is located and collected by the Town in the same manner as municipal taxes in accordance with section 398(2), paragraph 2 of the Municipal Act, 2001. e) If the Town cannot determine the identity of the owner of a shopping cart upon visual inspection, or if the cart is in a state of disrepair, the Town may dispose of or recycle the shopping cart. 114 5. ENFORCEMENT PROVISIONS a) Any person who contravenes a provision of this By-Law is guilty of an offence. b) Every person who is convicted of an offence under this by-law is liable to a fine of not more than five thousand dollars ($5,000) for each offence as provided in the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended. c) If a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted as provided for in section 431 of the Municipal Act, 2001. 6. SEVERABILITY Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary. 7. CITING OF THIS BY-LAW a) This by-law shall be known as the “Shopping Cart By-Law”. 8. APPROVAL OF BY-LAW a. This By-Law shall come into force and effect immediately upon the final passing thereof. Read a First and Second Time this ___ day of ______________. Read a Third and Final Time and passed this _____ day of ________________. __________________________ Mayor – Stephen Molnar ___________________________ Town Clerk – Donna Wilson 115 1 CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Report Title: Conditional Building Permits and Agreements Report No.: DCS 15-43 Author: Geno Vanhaelewyn, Chief Building Official Meeting Type: COUNCIL MEETING Council Date: SEPTEMBER 28, 2015 Attachments: - CONDITIONAL BUILDING PERMIT AGREEMENT TEMPLATE RECOMMENDATION: RESOLVED THAT Council receive Report DSC 15-43 Conditional Building Permits and Agreements as information; AND THAT Council authorize the Chief Building Official, after consultation with the Chief Administrative Officer, to enter into conditional permit agreements; AND FURTHER THAT the Chief Building Official is hereby authorized to determine the release and subsequent removal of registered agreements from the Land Registry System. EXECUTIVE SUMMARY This report is to provide information related to conditional building permits and the Town’s ability to issue these types of permits. The Building Code Act, Section 8(3) in particular establishes a framework whereby municipalities in Ontario can issue conditional permits before all applicable law has been complied with. In certain situations a developer may need to begin construction before certain date and cannot obtain a building permit in time. The typical reasoning in Ontario is due to all “applicable law” requirements that must be in place according to the Building Code Act that must be complied with in order for the Chief Building Official (CBO) to issue a permit. Section 8 (3) of the Ontario Building Code Act, however, authorizes the CBO at his or her discretion to issue or not to issue a conditional permit for any stage of construction even though all the requirements to obtain a permit have not been met. Conditional building permits may be issued at the discretion of the CBO under the following circumstances noted in subsection 8(3) of the Act: 116 2 CAO (3) Even though all requirements have not been met to obtain a permit under subsection (2), the chief building official may issue a conditional permit for any stage of construction if, (a) compliance with by-laws passed under sections 34 and 38 of the Planning Act and with such other applicable law as may be set out in the building code has been achieved in respect of the proposed building or construction; (b) the chief building official is of the opinion that unreasonable delays in the construction would occur if a conditional permit is not granted; and (c) the applicant and such other person as the chief building official determines agree in writing with the municipality, upper-tier municipality, board of health, planning board, conservation authority or the Crown in right of Ontario to, (i) assume all risk in commencing the construction, (ii) obtain all necessary approvals in the time set out in the agreement or, if none, as soon as practicable, (iii) file plans and specifications of the complete building in the time set out in the agreement, (iv) at the applicant’s own expense, remove the building and restore the site in the manner specified in the agreement if approvals are not obtained or plans filed in the time set out in the agreement, and (v) comply with such other conditions as the chief building official considers necessary, including the provision of security for compliance with subclause (iv). 1992, c. 23, s. 8 (3); 1997, c. 30, Sched. B, s. 7 (2); 1999, c. 12, Sched. M, s. 5 (1); 2002, c. 17, Sched. F, Table. A conditional building permit essentially allows a builder or developer to proceed with a project while the building permit itself is in the process of final approval. The conditional permit will outline what an applicant must do to ensure final approval of the building permit, as well as measures to be taken to restore the building site if that final approval is denied. If this type of permit is considered by the CBO the developer must agree on terms noted above in the form of an agreement along with security in the form of a refundable deposit with the municipality. A standard conditional building permit agreement template has been prepared and attached to this report outlining the requirements of the Act and terms required to protect the Town when issuing such permits. The standard conditional building permit agreement template may be amended due to specific situations by the CBO in consultation with the CAO, other Town departments and the Town solicitor to protect the Town’s interests. Based on specific situations, the proposed conditional permit agreement template may be reviewed with the Town solicitor and consideration may be given to the need to register the agreement on title. Should the CBO refuse to issue a conditional permit for any reason an applicant cannot appeal this decision unlike a standard building permit under s25 of the Building Code Act. In order to continue and maintain effective customer service for the development industry, delegating the approval and signing authority for the conditional permit agreements to the Chief Building Official will assist in expediting the building permit process while still ensuring that the Town’s interests are protected. Section 8 (3.1) of The 117 3 CAO Building Code Act permits a municipality to delegate this power to the Chief Building Official as follows: (3.1) A principal authority may, in writing, delegate to the chief building official the power to enter into agreements described in clause (3) (c) and may impose conditions or restrictions with respect to the delegation. 2002, c. 9, s. 14 (3). A current situation where conditional building permits may be of consideration is the Glendale West subdivision. This new subdivision is near completion and at the stage where building permits can be considered for the construction of single family dwellings. In this instance, the timing of Ministry of the Environment and Climate Change (MOE) review and approval related to storm water management for this site could potentially hold up the issuance of standard building permits. This would be an example where the CBO, in consultation with the Chief Administrative Officer, could decide to issue a conditional building permit in order to prevent further delays to the builder/developer without putting the Town at risk. CONSULTATION/COMMUNICATION In review of departmental history, it appears that the conditional building permit option was never used along with an agreement. The option to issue conditional building permits if needed for the Glendale West subdivision in particular was reviewed with the Town’s solicitor. FINANCIAL IMPACT/FUNDING SOURCE No financial impact. 118 CONDITIONAL BUILDING PERMIT AGREEMENT made this day BETWEEN , a corporation incorporated under the laws of the Province of Ontario and having its registered offices in the (hereinafter called the “Developer”) OF THE FIRST PART and THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Town”) OF THE SECOND PART WHEREAS the Developer has requested a conditional building permit from the Town for the construction work more particularly described in paragraph 2 below on the land more particularly described in paragraph 1 below; AND WHEREAS such request for permit is made by the Developer prior to meeting all requirements to obtain a building permit in accordance with subsection 8(2) of the Ontario Building Code Act; AND WHEREAS the building Official of the Town is satisfied that meeting such requirements would unreasonable delay such construction; AND WHEREAS the Developer has Division of Land approval under _____________________, address _______________, the Developer wishes to undertake the above-referenced work prior to final registration of consent. NOW THEREFORE THIS CONDITIONAL PERMIT AGREEMENT WITNESSETH THAT, in consideration of the sum of ONE ($1.00) DOLLAR now paid by each of the Parties to this Conditional Permit Agreement to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The lands (hereinafter referred to as the “subject land”) affected by this Conditional Permit Agreement are as follows:____________________________________________________ 2. The construction (hereinafter referred to as the :subject construction”) affected by this Conditional Permit Agreement is the construction of a single family residence as proposed in a building permit application filed with the Town and identified as permit application number ________ 3. The Town agrees to issue a Conditional Permit for the subject construction to be erected on the subject lands. 4. The Developer agrees to assume all risks involved in commencing construction before every requirement for a building permit has been met, and to this end the Developer hereby agrees that the Developer will indemnify and save harmless the Town from and against all claims arising from the issuance of the Conditional Permit. 119 CONDITIONAL BUILDING PERMIT AGREEMENT PAGE 2 OF 4 5. The Developer hereby agrees: 5.1 To stop the subject construction and secure the site to the satisfaction of the Building Official if, in the opinion of the Building Official, any impediment arises to prevent the lawful continuation of the subject construction; 5.2 To remove the building for which the conditional building permit is issued and restore the site if all necessary approvals have not been obtained. 5.3 To comply with all development standards that are applicable to the subject lands, including but not limited to site servicing, grading, tree protection, fire protection, and storm water management; 5.4 To provide and maintain access for emergency vehicles and water supply to the satisfaction of the fire department and; 5.5 No occupation of any dwelling erected under this permit agreement shall be permitted until all services have been installed and accepted by the Town and an Occupancy Permit has been issued. 6. For the purposes of this Conditional Permit Agreement, site restoration shall be restoration of the subject land to the condition in which it was at the time of building permit application and shall include the removal of all that has been constructed under the authority of the conditional permit, the removal of all construction materials, including waste, the replacement of all vegetative matter, the stabilization of slopes and the restoration of drainage patterns. Restoration must commence within thirty (30) days of the date of notification by the Building Official and, once commenced, restoration must continue with diligence to completion. 7. If the Building Official determines that a building or structure has not been removed or a site restored as required by this Conditional Permit Agreement, the Building Official may cause the building or structure to be removed and the site restored; and for this purpose the Building Official, an Inspector and their agents may enter upon the subject land and into any building or structure governed by this Conditional Permit Agreement at any reasonable time without a warrant. 8. As security for the Developer’s performance under this Conditional Permit Agreement, the Developer shall deliver to the Town a letter of credit in a form satisfactory to the Town or cash in the amount of $5,000.00 Dollars and the following provisions shall apply: 8.1 If the Building Official determines that a building or structure has not been removed or a site restored as required by this Conditional Permit Agreement, the letter of credit or cash may be drawn upon in full and the monies used to restore the site as provided for in paragraph 6. 8.2 Should there be full compliance with this Conditional Permit Agreement, the letter of credit or cash will be returned to the Developer at the address provided on the application for building permit. 120 CONDITIONAL BUILDING PERMIT AGREEMENT PAGE 3 OF 4 8.3 Should costs associated with the restoration of the site incurred by the Town in excess of the amount of the letter of credit, the Town shall have a lien on the subject land for such amount and the amount shall be deemed to be municipal taxes and may be collected in the same manner and with the same priorities as municipal taxes. 9. The Conditional Permit Agreement may be registered against the subject land and the Town is entitled to enforce its provisions against the Developer and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the subject lands. Upon the completion of the Developer’s obligations under this agreement and issuance of an Occupancy Permit, the Town shall sign a registerable release of this Conditional Permit Agreement when such a release is provided to the Town by the Developer. 10. The Developer shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Town to enter into this Conditional Permit Agreement or to enforce each and every term, covenant and condition herein contained and this Conditional Permit Agreement shall be pleaded as an estoppel against the Developer in any such proceedings. 11. Notwithstanding any provision of this Conditional Permit Agreement, the Developer and all persons taking title to the subject land from it shall be subject to all of the By-Laws of the Town. 12. Time shall be of the essence hereof in all respects. The Developer may, by written request, seek extensions of time in respect of the works or any part or parts thereof and the Council of the Town may grant any such request on such terms and conditions as such Council may see fit to impose. The right of the Town to require strict performance by the Developer of any and all obligations imposed upon it hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing. 13. Any notice request order, demand, certificate or any other communication required or permitted to be given under this Conditional Permit Agreement shall be in writing and, unless some other method of giving the same is accepted by the person to whom it is given, shall be given by registered mail or by being delivered to the person to whom it is to be given at the appropriate address set out below: To the Developer at: To the Town at: THE CORPORATION OF THE TOWN OF TILLSONBURG 10 Lisgar Ave Tillsonburg, Ontario N4G 5A5 Att: Development Technician or such other address as may be furnished by such person, and shall be deemed effective, as the case may be, at the time of delivery thereof or four (4) business days after the date of mailing thereof unless postal employees at the point of mailing or at the point of delivery are on strike at any time during the four (4) business days following the time of mailing in which event it shall be effective when delivered to the addressee. 121 CONDITIONAL BUILDING PERMIT AGREEMENT PAGE 4 OF 4 14. The Developer shall not assign this Conditional Permit Agreement without the prior written consent of the Town which consent is not to be unreasonably withheld by the Town provided that any such assignees executes an agreement assuming the obligations of the Developer under this Conditional Permit Agreement in a form satisfactory to the Town. 15. If any provision of this Conditional Permit Agreement shall be found or declared by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires the Town, then such provisions shall conclusively be deemed to be severable and the remainder of this Conditional Permit Agreement mutatis mutadis,shall be and remain of full force and effect. 16 The covenants, agreements, conditions and undertakings herein contained on the part of the Developer shall run with the subject land and shall be binding upon the Developer and his successors and permitted assigns as owners and occupants of the subject land from time to time and shall be appurtenant to the adjoining highways in the ownership of the Town and, where in this Conditional Permit Agreement the word “Developer” is used, it shall be deemed to have been followed by the words “or any subsequent owner or occupier of the subject land”; and this Conditional Permit Agreement shall enure to the benefit of and be binding upon the Town and its successors and assigns. IT WITNESS WHEREOF the parties have hereunto affixed their respective corporate seals attested by the hands of their respective proper officers duly authorized in that behalf. SIGNED, SEALED ) THE DEVELOPER and DELIVERED ) in the presence of: ) ) ) __________________________________ ) ) I have authority to bind the corporation ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF ) TILLSONBURG ) ) ) ) _____________________________________ ) I have authority to bind the corporation _____________________________________ I have authority to bind the corporation 122 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: COMMUNITY IMPROVEMENT PLAN APPLICATION – 102 BROADWAY Report No.: DCS 15-40 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council Date: SEPTEMBER 28, 2015 Attachments: APPLICATION FORM RECOMMENDATION: “THAT Council receive Report DCS 15-40 Community Improvement Plan Application – 102 Broadway; AND THAT the 102 Broadway property be approved for growth related property tax rebates, related to enhancements of the property, for a four year period based on a 60% rebate in 2016, 50% in 2017, 40% in 2018 and 30% in 2019 with full property taxes being payable in 2020.” EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to provide property tax rebates to the owner of the 102 Broadway property. The owner has invested over $900,000 into the property to repurpose and enhance the building and support the establishment of a National chain, including employment for approximately 40 people, in the downtown. BACKGROUND INFORMATION The 102 Broadway property was purchased by a local entrepreneur in November 2014 after an extensive site search was conducted. The search included a number of downtown and suburban sites. The investment was made based on the strength of the downtown and the benefits associated with bringing a National restaurant chain to the core. A key part of the consideration was also the potential support offered by the Dereham Forge Community Improvement Plan (CIP) program for investments made in the community. 123 Although the 102 Broadway property contained an existing restaurant, the owner invested over $900,000 to renovate and upgrade the property to meet current requirements, expand the bar and to increase the number of seats. The renovations were completed in mid-December 2014. Due to the tight timelines associated with purchasing, renovating, opening and operating a start-up restaurant, the applicant was not able to submit the application until now. The Dereham Forge Community Improvement Plan offers the following possible rebates for investments made within an approved area subject to Council approval:  Building Permit fees;  Development charges (exempt in Downtown core);  Façade Improvement Loan;  Second Storey Residential Loan; and,  Property tax increment rebates. The application is for the property tax increment rebate only. Due to the investment made in the property, the assessed value has increased and this will result in an increase in the applicable property taxes. The property tax increment rebate applies to the Municipal and Business Improvement Area Levy components of the tax bill but not the Education (Provincial) component. The Assessment Rebate Grant is 80% of the increase in the municipal and BIA taxes in year 1, decreasing to 60% in year two, 50% in year three, 40% in year four and 30% in year five with full property taxes being payable in year 6. Although commercial property tax rebates offered under the program are typically for a five year period, the applicant has made the application after the 2015 tax amounts have been finalized. Hence, staff are supportive of the application for a four year period only starting in 2016. This means that the applicant would receive a rebate equal to 60% of the assessment growth in 2016, 50% in 2017, 40% in 2018 and 30% in 2019 with full property taxes being payable in 2020. The purpose of the tax increment rebate program is to reduce the impact of making investments in Tillsonburg and to support a business friendly environment. There are a number of benefits associated with having another National brand in the downtown core including increased activity as well as the potential to attract additional people and tenants to the area. Based on the existing program and the benefits associated with this investment, staff is recommending that the application be approved for a four year period. The application is also eligible for property tax rebates for the County portion of the tax bill as per their approved County Community Improvement Program. Page 2 / 3 CAO 124 CONSULTATION/COMMUNICATION The application and staff report have been reviewed with the Building/Planning and Finance Departments. FINANCIAL IMPACT/FUNDING SOURCE The 2014 assessment for the property was $442,000 and this is the value that will be used for the base assessment. The property has already been assessed and the 2015 assessment is $595,344, which equals growth of $153,344 in assessed value. As the program will be implemented starting in 2016, there is no budget impact in 2015 and no budget impact in future years with the exception of forgone tax revenue over the four-year period of the program. Page 3 / 3 CAO 125 126 127 128 129 130 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: AIRPORT HANGAR LAND LEASE Report No.: DCS 15-41 Author: ANNETTE MURRAY Meeting Type: COUNCIL MEETING Council Date: SEPTEMBER 28, 2015 Attachments: LEASE RECOMMENDATION: “THAT Council receive Report DCS 15-41 Airport Hangar Land Lease; AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with Mark Kniss for the construction of a 4,800 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2035 subject to the terms and conditions contained within the lease agreement.” EXECUTIVE SUMMARY The purpose of this report is to obtain Council approval for a land lease to enable the construction of a new, 4,800 square foot hangar at the Tillsonburg Regional Airport, which will support annual revenue of $1,492 as well as increased fuel sales/activity. BACKGROUND INFORMATION Mr Kniss is an Aircraft Maintenance Engineer (AME) and also a member of the Transport Canada Approved Maintenance Organization (AMO). He is currently employed with Mr. Larry Lysiuk, who owns and operates an AMO as well as his crop dusting business (Can-Ag Applications) at the Delhi Airport. Mr. Kniss and Mr. Lysiuk currently lease space at the Delhi Airport for both businesses and they have expressed interest in constructing a hangar at the Tillsonburg Regional Airport. Mr. Kniss and Mr. Lysiuk are interested in moving both businesses to the Tillsonburg airport. All commercial aircraft in Canada must be maintained in an Approved Maintenance Organization (AMO). As well, specialized work, whether it involves private or commercial aircraft, must be performed in an AMO rated for that particular specialty. The AMO part of the business will bring in significant traffic for the airport (approximately 40 to 50 additional 131 aircraft to be serviced) and will be able to service the flying school aircraft as well as other commercial aircraft. The relocation of these businesses to the Tillsonburg Regional Airport will result in the addition of at least two full time jobs and one part time job. During the summer months, the crop dusting business will add additional jobs as well as considerable fuel sales for the airport. The 2010 Airport Business Park and Airpark Market Analysis and Feasibility Study identified the attraction of a variety of mechanical services as a way to grow the airport and create a unique niche within Southwestern Ontario. Adding an AMO to our airport will complement a wide variety of services for area pilots, adding to the newly attracted Avionics mechanic (Tailwind Avionics), the paint and upholstery shop (Spectrum Aviation) as well as the aircraft maintenance shop (Lee Air Ltd). The combination of these four businesses will attract new customers with a “one stop shopping” opportunity for maintenance at our airport. Staff is not aware of any other municipal airport in Southern Ontario that offers all these businesses together at one single location. If approved, the hangar will be located along the west side of the Airport in the Commercial Aviation area and would be the 20th hangar constructed at the airport. As Council is aware, the construction of new hangars drives revenue at the airport through both land lease and fuel fees. Increased revenue supports the Corporation’s goal of decreasing the net levy requirement for Airport operations. In order to support this goal, staff will continue their business development efforts both in terms of seeking out additional opportunities to expand the airport tenant base as well as potential partnership opportunities. The proposed site is located in the Commercial Aviation area on the east side of the Airport and would be one of the first hangars visible when one drives into the airport. The proposed hangar would be located on the west side of the existing taxiway. As Council is aware, the airport is becoming constrained for growth due to the significant number of new hangars constructed in recent years. This will require future investments in both new taxiways and electrical service. With respect to this hangar, a 22.72 metre extension in the existing taxiway will be required. It has been the practice of the airport to provide paved taxiways to all new hangars at no cost to the tenants. However, staff identified that this is not sustainable and this resulted in the implementation of the Airport Infrastructure Levy in 2014. This levy is applicable even where an existing taxiway is in place. The cost for the taxiway extension has been estimated at $14,000. Staff have negotiated an additional $1,000 contribution from the tenant to help defray the costs of the taxiway. In addition to this, the taxiway can be constructed at the Town’s schedule with the tenant being satisfied that the existing gravel laneway will provide suitable temporary access. Page 2 / 4 CAO 132 PROPOSED HANGAR LOCATION AND CONFIGURATION CONSULTATION/COMMUNICATION The Airport Advisory Committee reviewed the initial location at their September 10, 2015 meeting with no concerns being raised and feedback being provided. The new location is in the same area, but on the west side of the taxiway. Staff circulated the Airport Advisory Committee on the new location and the committee is in support of the proposed lease as it will bring two new businesses, including an AMO, to the airport. The lease agreement is the standard template developed by Mandryk Stewart & Morgan and the proposed location has been developed in consultation with CJDL Engineering. Page 3 / 4 CAO 133 FINANCIAL IMPACT/FUNDING SOURCE The lease has been calculated at a rate of $0.29 per square foot annually. Based on a 4,800 square foot hangar size, the proposed revenue will be $1,392 plus $100 Maintenance Fee plus HST annually. The tenant has accepted all responsibility for electrical service and suitable lot grading to ensure proper drainage. Property taxes are also paid for by the tenant. In addition to this, the tenant would be required to pay an Airport Infrastructure Fee of $500 and the additional contribution of $1,000. Staff has estimated the business case for the extension of the existing taxiway as detailed in Table 1. Table 1 – Taxiway Extension Business Case Tenant 1 – Airport Infrastructure Levy $500 + $1,000 = $1,500 Tenant 2 (Future) – Airport Infrastructure Levy $500 + $1,000 = $1,500 TOTAL LEVY $3,000 Taxiway Extension Cost $14,000 Taxiway Levy Impact =$14,000 - $3,000 = $11,000 Tenant 1 – Annual Land Lease Revenue = $1,492 Tenant 2 (Future) – Annual Land Lease Revenue $1,144 TOTAL ANNUAL REVENUE $2,636 PAYBACK (YEARS) 4.7 Years Staff believe that the assumptions for the above business case are reasonable based on the interest the airport has been receiving. It should be noted that the future hangar (Tenant 2) will likely not proceed in 2016, but even if that levy portion is deferred the payback is still within reason. This business case does not include indirect revenues (fuel sales) that may result from the proposed or future hangar developments. If approved, staff would include the taxiway construction costs in the 2016 Airport Capital Budget. The land lease rate for hangars was approved by Council at their September 9, 2013 meeting date and is subject to an annual review. Page 4 / 4 CAO 134 L E A S E (AIRPORT – LAND LEASE FOR HANGAR) Made this __th day of September, 2015. B E T W E E N THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the “Lessor”) - and - Mark Kniss (hereinafter referred to as the “Lessee”) WHEREAS The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the “Property”) in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the “Airport”), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 60 feet wide by 80 feet long comprising of approximately 4,800 square feet as marked on Schedule “A” (the “Premises”) to construct a new aircraft hangar (the Hangar”). The lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the “Base Rent”): For every year of the Term, the total sum of $1,392 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2015 and every 1st day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional Rent”) whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: (a) To pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; 135 2 (b) To pay $100.00 annually as Additional Rent for such expenses incurred by the Lessor for the maintenance and servicing to the Airport. The Parties further agree that this amount may, in the Lessor’s sole and absolute discretion, be increased annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada or its successor organization, for the previous calendar year. The Parties agree that all increases in the Additional Rent by the Consumer Price Index shall be cumulative; and, (c) To pay for or provide servicing and maintaining the Premises and the Hangar and shall include the following: (i) All utilities and services including, but not limited to, electricity, water, sewage, natural gas and/or propane. The Lessee acknowledges that connection fees for utilities and services are entirely at the Lessee’s cost. Further, the Lessee acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Lessor to provide connections, utilities and/or services to the Premises or that the services and/or utilities can be extended to the Premises; (ii) Snow removal and landscaping on the Premises including cutting the grass and weed control within one (1) metre of the Premises, if applicable; and, (iii) All repair, service and maintenance to the Hangar including reasonable wear and tear; (iv) To pay a one-time airport infrastructure fee of $500; and, (v) To pay an additional one-time fee of $1,000 towards the extension of the taxiway to service the hangar. With the exception of the above fees, the Lessor agrees that it is responsible for all costs related to the extension of the existing taxiway. The Lessee agrees that the extension shall be constructed in accordance with the Lessor’s budget process and at the Lessor’s timing, in their sole and absolute discretion. Further, the Lessee agrees that they will make their own temporary arrangements in terms of accessing the existing taxiway. (5) The Lessee hereby agrees to indemnify and protect the Lessor from any liability accruing to the Lessor in respect of the expenses payable by the Lessee as provided for herein; (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 2 (2). (7) All payments to be made by the Lessee pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Lessor and shall be delivered to the Lessor at the Lessor’s address for service set out in Section 14 or to such other place as the Lessor may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Lessor for expenses incurred which should have been paid by the Lessee shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Lessor’s bank plus two (2) per cent. (9) The Lessee acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Lessor in writing and no partial payment by the Lessee which is accepted by the Lessor shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Lessor’s right to recover any Rent owing. 3. TERMS AND POSSESSION (1) The Lessee shall have possession of the Premises for a period of twenty years (the “Term”), commencing on the 1st day of October, 2015 and ending on the 31st day of December, 2035. (3) Subject to the Lessor’s rights under this Lease, and as long as the Lessee is in good standing, the Lessor covenants that the Lessee shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the Lessor or any other person or persons lawfully claiming through the Lessor. 4. ASSIGNMENT (1) The Lessee shall not assign this Lease or sublet the whole or any part of the Premises unless they first obtain the consent of the Lessor in writing, which consent shall not unreasonably be withheld and provided the sub-lessee and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Lessee hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Lessee to assign this Lease or sublet the Premises without the Lessor’s consent. Lessor’s Initials __________ Lessee’s Initials __________ 136 3 (2) The consent of the Lessor to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee’s interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Contravene the tenant policy as established by the Lessor from time to time; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Articles 5(2)(e) or as a result of the septic bed system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport who are acting reasonably; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Lessor of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Lessor, in their sole and absolute discretion and such approval not to be unreasonably withheld; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee’s contractors, employees, agents, customers and invitees; and, (j) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. Lessor’s Initials __________ Lessee’s Initials __________ 137 4 (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows: (a) The dimensions of the Hangar shall be 60 feet by 80 feet for a total of 4,800 feet; (b) The style of the Hangar shall be either a pole barn style building or a metal frame building; (c) The siding, siding colour, roof colour and height of the building will be maintained in accordance with current Airport standards as approved by the Lessor; (d) Any construction and or renovation shall comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of South West Oxford and any federal or provincial statutes, rules or regulations; (e) Prior to the commencement of construction, the Lessee shall submit, at its sole cost, a site plan and drainage/grading plan which includes, but not limited to, the information required in this article 5(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Lessor; (f) The Lessee agrees to maintain the lot grading during construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Property, Lessor and the Township of South-West Oxford, as approved by the Lessor, in their sole and absolute discretion, and at the sole cost of the Lessee; (e) Obtain all necessary permits, as applicable, at the expense of the Lessee; and, (f) The Lessee shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Lessor responsible for any such costs. (6) The Lessor acknowledges that it has granted access to the Lessee for the Lessee to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Lessor hereby grants to the Lessee, its successors and assigns, free and uninterrupted access in, over, upon, across or through the hangar apron area, defined as sixteen point five (16.25) metres at the front and rear of the Hangar. The Lessor grants to the Lessee the right to enter upon the hangar apron area at all times and to pass and repass thereon as may be required by the Lessee, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable, in the sole and absolute discretion of the Lessor, surface treatment to the hangar apron. Any cost of installing, removing, maintaining, replacing and/or reconstructing the hangar apron shall be at the sole expense of the Lessee without contribution of the Lessor. The Lessee covenants that it shall not conduct such work to the hangar apron without first obtaining the consent of the Lessee and such consent shall not be unreasonably withheld. The Lessee hereby releases the Lessor from any and every claim which may or might arise out of the proper exercise by the Lessee of any of the rights granted herein. 6. REPAIR AND MAINTENANCE (1) The Lessee covenants that during the term of this Lease and any renewal thereof the Lessee shall keep the Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Lessee shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Lessor’s, or its agents, contractors and employees, negligence and/or intentional actions, at no time is the Lessor responsible for any repairs or damage to the Hangar and/or Premises. (2) The Lessee shall permit the Lessor or a person authorized by the Lessor to enter the Premises to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Lessee by or on behalf of the Lessor and the Lessee shall make the necessary repairs within the time specified in the notice; and, Lessor’s Initials __________ Lessee’s Initials __________ 138 5 (b) if the Lessee refuses or neglects to keep the Premises in good repair the Lessor may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Lessee for any loss, damage or inconvenience to the Lessee in connection with the Lessor’s entry and repairs. If the Lessor makes such repairs the Lessee shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Lessee agrees to surrender peaceably the Premises to the Lessor in a state of good repair and subject to the conditions contained in this Article 6(3) may remove the Hangar provided the Lessee places the Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Lessee is in arrears of any rent whatsoever the Lessee agrees that the Lessor shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Lessee until the lien is paid in full with all accrued interest and legal fees. (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee’s use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee’s use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee’s business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Lessor’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor’s property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (6) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. Lessor’s Initials __________ Lessee’s Initials __________ 139 6 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Lessee shall carry insurance in his own name insuring against the risk of damage to the Lessee’s property and the Hangar within the Premises caused by fire or other perils. (3) The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Premises and Lessee’s occupation of the Premises. (4) All insurance policies in this Section 8 including this Article shall name the Lessor, where applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement. (5) Upon demand of the Lessor, the Lessee shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Lessor. If any policy of insurance is canceled the Lessee shall inform the Lessor without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 8. 9. ACTS OF DEFAULT AND LESSOR’S REMEDIES (1) An Act of Default has occurred when: (a) The Lessee has failed to pay Rent for a period of 45 consecutive days from the date that payment has been requested by the Lessor; (b) The Lessee has breached his covenants or failed to perform any of his obligations under this lease for a period of 45 consecutive days plus: (i) The Lessor has given ten (10) days notice specifying the nature of the default and the steps required to correct it; and, (ii) The Lessee has failed to correct the default as required by the notice; (c) The Lessee has: (i) Become bankrupt or insolvent or made an assignment for the benefit of creditors; (ii) Had its property seized or attached in satisfaction of a judgment; (iii) Had a receiver appointed; (iv) Committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Lessor’s property; or, (v) Taken action with a view to dissolution or liquidation; (d) Any insurance policy is canceled or not renewed by reason of the use or occupation of the Premises, or by reason of non-payment of premiums; (e) The Premises: (i) Has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms “vacant and “unoccupied” shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) Is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Lessor. (2) When an Act of Default on the part of the Lessee has occurred: (a) The current year’s rent together with the next years’ rent shall become due and payable immediately; and, (b) The Lessor shall have the right to terminate this Lease and to re-enter the Premises and deal with them as he may choose. Lessor’s Initials __________ Lessee’s Initials __________ 140 7 (3) If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease and re-enter the Premises prior to the end of the Term, the Lessee shall nevertheless be liable for payment of Rent and all other amounts payable by the Lessee in accordance with the provisions of the Lease until the Lessor has re-let the Premises or otherwise dealt with the Premises in such manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Lessee pays to the Lessor. (4) If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days’ notice (the “Notice”) in writing to the Lessee and, at the Lessee’s option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this Article and Articles 10(3) and 10(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles 6(3) and 7(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year’s prior written notification (the “Notice”) if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The Lessee covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in writing (the “Third Party Offer”) the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Lessor shall have twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee’s interest in the Hangar on the same terms and conditions, or more favourable terms to the Lessee at the Lessor’s discretion, as contained in the Third Party Offer (the “Lessor’s Offer”). If the Lessor exercises its Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor’s Offer. If the Lessor does not exercise Lessor’s Initials __________ Lessee’s Initials __________ 141 8 its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Lessee is a corporation, the word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new term. 11. ACKNOWLEDGMENT BY LESSEE (1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying: (a) That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) The amount of Rent being paid; (c) The dates to which Rent has been paid; (d) Other charges payable under this Lease which have been paid; (e) Particulars of any prepayment of Rent or security deposits; and, (f) Particulars of any sub tenancies. 12. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor’s interest in the property. (2) Upon the request of the Lessor the Lessee will execute any form required to subordinate this Lease and the Lessee’s rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Lessee shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Premises by the Lessee as long as the Lessee performs his obligations under this Lease. 13. RULES AND REGULATIONS The Lessee agrees on behalf of itself and all persons entering the Premises with the Lessee’s authority or permission to abide by such reasonable rules and regulations of the Airport and/or Property which shall form part of this Lease and as the Lessor may make and/or amend from time to time. 14. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Lessor at: Tillsonburg Regional Airport Att: Airport Administrator 244411 Airport Rd South-West Oxford, On N4G 4H1 Fax: 519-842-3445 To the Lessee at the Premises or at: Mark Kniss 104 Crosier Street, Delhi Ontario N4B 3A9 (2) The above addresses may be changed at any time by giving ten (10) days written notice. Lessor’s Initials __________ Lessee’s Initials __________ 142 9 (3) Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 15. REGISTRATION The Lessee shall not at any time register notice of or a copy of this Lease on title to the property of which the premises form part without consent of the Lessor. 16. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word “Lessor” and the word “Lessee” wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Lessor and Lessee, respectively. (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: (a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor, acting reasonably; (d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5. (3) This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein. (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or Lessor’s Initials __________ Lessee’s Initials __________ 143 10 promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an “as is” condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. __________________________________ Lessor Stephen Molnar, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. __________________________________ Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Per: ____________________ _________________________ Lessee Witness Mark Kniss I have authority to bind the Corporation APPENDIX A - THE “PREMISES” Lessor’s Initials __________ Lessee’s Initials __________ 144 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: MEMORANDUM OF UNDERSTANDING - EMO WORKFORCE, PLANNING & DEVELOPMENT BOARD Report No.: DCS 15-42 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council Date: SEPTEMBER 28, 2015 Attachments: PRESENTATION – ABOUT EMPLOYERONE SURVEY MEMORANDUM OF UNDERSTANDING RECOMMENDATION: “THAT Council receive Report DCS 15-42 Memorandum of Understanding - EMO Workforce, Planning & Development Board; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to execute the Memorandum of Understanding between the Corporation of the Town of Tillsonburg and the Elgin Middlesex Oxford Workforce Planning and Development Board.” EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to enter into a Memorandum of Understanding (MOU) to support the Town of Tillsonburg’s Workforce Development objectives. BACKGROUND INFORMATION Workforce Development is an important aspect of economic development and investment attraction as it is necessary to have available workers with the right kind of skillsets for when companies expand or relocate their business. It is necessary to have information on the local workforce in order to develop strategies and initiatives to meet the short and long- term needs of businesses and the EmployerOne Survey has been developed as an annual survey of employers across the Elgin, Middlesex and Oxford region in order to provide that information. The survey is a joint initiative of the Elgin Middlesex Oxford Workforce Planning and Development Board (EMOWPDB) and many partners (see attached presentation). 145 The Town of Tillsonburg has been involved in the development of the survey and is represented on the EmployerOne Marketing Committee by the Development Commissioner. The MOU has been developed to secure commitments by each partner to:  Assist in promoting the EmployerOne Survey in Economic Region 3560;  Coordinate and deliver the survey to employers in their jurisdiction, industry sector, or area of mandate;  Make a reasonable effort after initial delivery to follow up and ensure that employers in their jurisdiction, industry sector, or area of mandate have received the survey and completed it;  Ensure, in particular, that this labour market intelligence is useful to local employers and that it is delivered to them in a timely and accessible fashion;  If partnering organization volunteers representation on the Marketing Committee, its representative will: o Attend meetings and participate in the decision-making process to the best of his or her abilities o Adhere in good faith to all decisions and plans of action agreed to by the committee  Each partner is responsible for its own expenses related to this MOU. As mentioned above, Tillsonburg Economic Development has been involved with this project for some time and the EMOWPDB has requested that the Town consider entering into the MOU in order to formalize the relationship between the two organizations. Staff is recommending that the Town enter into the MOU with EMOWPDB in order to formalize an existing relationship and also to help raise awareness of this important aspect of growing and keeping businesses in the Town of Tillsonburg. CONSULTATION/COMMUNICATION There has been no consultation regarding this report; however, the 2015 Economic Development & Marketing departmental Business Plan includes a number of items relating to workforce development (post-secondary education, Career Fair) and staff believes that entering into this MOU is consistent with the approved Business Plan and internal Economic Development Work Plan. There are also a number of items in the Community Strategic Plan (Education & training) that relate to workforce development. FINANCIAL IMPACT/FUNDING SOURCE There are no anticipated budget impacts related to this report. Page 2 / 2 CAO 146 147 Annual survey of local employers Online and confidential Currently conducted in the Western, Northern and Eastern Ontario Regions Length of survey depends on number of employees (20 min to 90 min to complete) Survey runs from January 2 - Janauary 31 148 Asks about: ›Current composition of your workforce ›Future workforce plans Asks about specific labour issues including: ›Recruitment and retention ›Skills and training needs ›Hires /separations ›Hard to fill positions 149 Provides a HR snapshot of your business Chance to provide input about workforce and training needs Track internal trends in your workforce Can be used a succession planning tool Compare your business with other employers in your area and industry 150 Provides a current, local snapshot of employers’ human resource activities Identifies training and skills gaps in the local area Allows for efficient allocation of workforce development resources 151 Better Business Bureau of Western Ontario Canadian Manufacturers and Exporters (CME)  Collège Boréal Community Employment Choices Community Employment Services - Woodstock Centre Communautaire regional de London Conseil Scolaire Catholique Providence County of Elgin County of Middlesex County of Oxofrd Employment Services Elgin EMO Workforce Planning and Development Board Fanshawe College Ingersoll District Chamber of Commerce Knighthunter.com Leads Employment Services Literacy Link South Central London Economic Development Corporation London Home Builders’ Association London Small Business Centre 152 Nokee Kwe Pillar Nonprofit Network South Central Ontario Region Strathroy & District Chamber of Commerce St. Thomas & District Chamber of Commerce TechAlliance Tourism London YWCA St. Thomas - Elgin Downtown London Ontario Ministry of Agriculture, Food and Rural Affairs - Elgin Ontario Ministry of Agriculture, Food and Rural Affairs - Middlesex Ontario Ministry of Agriculture, Food and Rural Affairs - Oxford 153 Become a partner Complete the survey online during the month of January Look for the survey link and results on… 154 Memorandum of Understanding Between Elgin Middlesex Oxford Workforce Planning and Development Board And Partnering Organization This Memorandum of Understanding (MOU) outlines the responsibilities and expectations between Elgin Middlesex Oxford Workforce Planning and Development Board (EMOWPDB) and partnering organization in the joint effort to promote the EmployerOne Survey which has been designed to help provide meaningful demand-side labour market information (LMI) for communities throughout the Elgin Middlesex Oxford economic region (ER 3560). Accordingly, EMOWPDB and Partnering Organization agree to the following: I. Purpose and Scope i. Research and experience has revealed several important realities:  the ER 3560 forms a common labour market;  stakeholders in the region have a need for quality demand-side labour market information of this common labour market. ii. It has been determined that the most workable and cost-effective way to promote the EmployerOne Survey is create partnerships with key stakeholder organizations. iii. It is understood that EmployerOne Survey will be a central source in providing data necessary to produce quality local demand-side LMI for ER 3560. II. Responsibilities i. Each party will appoint a person to serve as the official contact and to coordinate the activities of each organization in carrying out this MOU. The appointees of each organization are: EMOWPDB: Partnering Organization: Contact: Martin Withenshaw Address: 647 Wilton Grove Road, Unit 3 London, ON, N6N 1N7 Phone: Tel: 519-672-3499 Email: martin@workforcedevelopment.ca ii. EMOWPDB’s responsibilities: • Connect with the partners needed to successfully promote the EmployerOne Survey for the Elgin Middlesex Oxford economic region (ER 3560). • Establish a steering committee to provide general oversight. • Share the EmployerOne Survey with partners for distribution, manage the data collection and provide rolled up data to the partners. • Ensure, in particular, that this labour market intelligence is useful to local employers and that it is delivered to them in a timely and accessible fashion. • Each partner is responsible for its own expenses related to this MOU. 155 iii. Partner’s responsibilities: • Assist in promoting the EmployerOne Survey in ER 3560. • Coordinate and deliver the survey to employers in their jurisdiction, industry sector, or area of mandate. • Make a reasonable effort after initial delivery to follow up and ensure that employers in their jurisdiction, industry sector, or area of mandate have received the survey and completed it. • Ensure, in particular, that this labour market intelligence is useful to local employers and that it is delivered to them in a timely and accessible fashion. • If partnering organization volunteers representation on the Marketing Committee, its representative will:  Attend meetings and participate in the decision-making process to the best of his or her abilities.  Adhere in good faith to all decisions and plans of action agreed to by the committee. • Each partner is responsible for its own expenses related to this MOU. III. Terms of Understanding The term of this MOU is for a period of 3 years from the effective date of this agreement and may be extended upon written mutual agreement. Both parties will review annually to ensure that it is fulfilling its purpose and to make any revisions both parties judge necessary. Either party may terminate this MOU upon thirty (30) days written notice without penalties and liabilities. Authorization The signing of this MOU is not a formal undertaking. It implies that the signatories will strive to reach, to the best of their ability, the responsibilities and expectations stated within. On behalf of the Elgin Middlesex Oxford Workforce Planning and Development Board Signed Name Debra Mountenay Date Title Executive Director On behalf of Partnering Organization Signed Name Date Title The EmployerOne Survey is a project of the Workforce Planning and Development Board. This Employment Ontario project is funded by the Ontario Government. 156 STAFF REPORT FINANCE Title: Issuance of Debt Report No.: FIN 15-37 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee Date: SEPTEMBER 28, 2015 Attachments: UPDATED ARL 092815 BYLAW 3948 ISSUANCE OF DEBT RECOMMENDATION THAT Council receives report FIN 15-37 Issuance of Debt. AND THAT Council receives the updated annual repayment limit calculation; AND THAT Council consider By-Law 3948 for three readings for the issuance of debt. EXECUTIVE SUMMARY To obtain Council approval to issue debt pertaining to the health club equipment. BACKGROUND At the Council meeting of September 14, 2015, Council approved the following motion: THAT Council receives report RCP 15-37 – Replacement Health Club Cardio Equipment for information; AND THAT Council award supply and installation of a new fleet of cardio equipment in the Health Club to Advantage Fitness at their tendered price of $79,549.00 net of applicable taxes; AND THAT a By-law be brought forward at the next meeting to authorize financing the purchase with a five-year bank loan secured through the County. Subsequent to the meeting on September 14, 2015, the Director discussed the terms of the loan with the County. The loan will be structured to have semiannual repayment terms and therefore no principal and interest payments will be required in 2015. Since the 2015 budget from taxation for this project was $10,000, the loan requirement is recommended to be reduced by the budget of $10,000 to $69,550. Currently, the 5 year interest rate 157 indicated by the bank is 1.84% although the County will obtain a competitive quote from a few banks closer to the mid October date that County Council will approve the debt placement. The attached annual repayment limit has been updated to reflect the issuance of this debt. FINANCIAL IMPACT/FUNDING SOURCE The approved 2015 budget for health equipment is $10,000 which will be used to reduce the debt required. 158 Determination of Annual Debt Repayment Limit Town of Tillsonburg 28-Sep-15 1.0 Gross Debt Charges 1.1 Principal $810,442 1.2 Interest 758,485 1.3 Subtotal 1,568,926 2.0 Debt Charges on OCWA Provincial Project 0 3.0 Payment in Respect of Long Term Commitments And Liabilities 0 4.0 Subtotal - Debt Charges 1,568,926 5.0 Debt Charges For Municipal Utilities 0 6.0 Payments To Province For Downtown Revitalization Program Loans 7.0 Debt Charges For Tile Drainage and Shoreline Assistance 8.0 Subtotal - Debt Charges to be Excluded 0 9.0 Net Debt Charges 1,568,926$ 10.0 Total Revenue Fund Revenues 18,940,352 11.0 Fees For Repaying The Province For Downtown Revitalization Loans 12.0 Grants From Government of Ontario, Government of Canada and Other Municipalities 1,307,957 13.0 Deferred revenue earned 189,998 14.0 Fees and Revenues For Joint Local Boards For Homes For The Aged 15.0 Net Revenue Fund Revenues 17,442,397$ 16.0 25% of Net Revenue Fund Revenue 4,360,599 17.0 Annual Repayment Limit 25% of Net Revenue Fund Revenues less Net Debt Charges $2,791,673 Certified: Darrell Eddington Director of Finance ######## 159 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3948 A BY-LAW to authorize the Issuance of Debt. WHEREAS the Municipal Act, 2001 Section 401 (1) provides that subject to this or any other Act, a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures through the County of Oxford and prescribed financial instruments for or in relation to the debt; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has authorized the purposes (individually a "Project") as set out in Schedule "A" attached thereto and desires to issue debt through the County of Oxford for the Project in the respective amount specified in Schedule "A; AND WHEREAS before authorizing the Project and before authorizing any additional cost amounts and any additional debt authorities in respect thereof, the Treasurer of the Corporation of the Town of Tillsonburg updated its most recent annual debt and financial obligation received from the Ministry of Municipal Affairs and Housing in accordance with Ontario Regulation 403/02, and determined that the estimated annual amount payable in respect of the Project and the issuance of additional debentures would not cause the Corporation to exceed the updated limit; AND WHEREAS it is expected that the approved financing through a financial institution or County of Oxford will occur in Q4 2015; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT certain works as set out in Schedule "A" hereto attached are hereby authorized up to a maximum cost of $69,550. 2. THAT Schedule "A" attached hereto is hereby declared to be a part of this By-Law as if written and incorporated herein. 3. THAT there shall be raised in each year in which an installment comes due by a rate on all applicable property in the Town of Tillsonburg a specific amount sufficient to pay the said installment when and as it becomes due, but no greater rate shall be levied in any year for such purposes, than is required to pay the installment. Such amount may be reduced by receipts from other sources in respect to the said works. 4. THIS By-Law shall come into full force and effect on the date of enactment. READ A FIRST AND SECOND TIME THIS 28th DAY OF SEPTEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF SEPTEMBER, 2015. _______________________ MAYOR – Stephen Molnar _________________________ CLERK - Donna Wilson 160 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3948 SCHEDULE A Project Description Debt to be Issued Finance Health Club Equipment $69,550 161 STAFF REPORT FINANCE Title: 2016 Draft Budget Schedule Report No.: FIN 15-38 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee Date: SEPTEMBER 28, 2015 Attachments: RECOMMENDATION THAT Council receives report FIN 15-38 Draft Budget Schedule as information. EXECUTIVE SUMMARY To provide Council and the public with the proposed 2016 draft budget schedule. BACKGROUND The proposed 2016 draft budget meeting schedule is as follows: November 10, 2015 10 am to 3 pm November 16, 2015 9 am to 4 pm November 26, 2015 9 am to 4 pm December 2, 2015 9 am to 4 pm. All meetings are in Council Chambers, 200 Broadway Street, 2nd Floor and all meetings are open to the public. Currently, it is suggested that those community groups requesting funds from the Town in 2016 will be requested to present their request to Council at the meeting on November 26, 2015. All times for those presentations will be coordinated through the Clerk and the Treasurer. Should any member of the public wish to request delegation status on the 2016 budget, they should contact the Clerk, Donna Wilson or the Deputy Clerk, Tricia Smith. FINANCIAL IMPACT/FUNDING SOURCE N/A. 162 STAFF REPORT OPERATIONS SERVICES Report Title: Results for Tender #T2015-012 CCTV & Sewer Flushing Report No.: OPS 15-32 Author: Jeff Molenhuis, P. Eng., Manager of Engineering Meeting Type: REGULAR COUNCIL Council Date: SEPTEMBER 28, 2015 Attachments: NONE RECOMMENDATION THAT Council receive Report OPS 15-32, Results for Tender #T2015-012, CCTV & Sewer Flushing; AND THAT Council award Tender #T2015-012 to CC Dance Sewer Cleaning Incorporated of Aylmer, Ontario at a cost of $39,650.78 (net HST included), the lowest bid received satisfying all Tender requirements; AND THAT Mayor and Clerk be authorized to execute the necessary documents to award the tender to CC Dance Sewer Cleaning Incorporated for the CCTV and Sewer Flushing contract. SUMMARY Tenders were called for CCTV & Sewer Flushing with seven (7) document takers and a total of four (4) bids received on September 16th 2015 with the lowest bid from CC Dance Sewer Cleaning Incorporated of Aylmer, Ontario at a cost of $39,650.78 (net HST included). The project includes the CCTV Video inspection and flushing of storm and sanitary sewers in various locations throughout the Town. Information obtained from these inspections will be incorporated into the Town’s asset management plan and will assist in prioritizing the scope of road segment work for future maintenance, rehabilitation or reconstruction. Additionally, routine flushing of sewers is part of a proper maintenance schedule to clear blockages and remove sewer debris. The CCTV video inspections were identified in the Operations Business Plan under Asset Management Projects. Page 1 / 2 163 The tender was advertised on the Town’s website and online at Biddingo.com. Results of the tender are summarized below: Bidder Location Bid Amount 1. CC Dance Sewer Cleaning Inc. Aylmer, ON $ 39,650.78 2. Infrastructure Intelligence Services Milton, ON $ 42,693.41 3. The Pipe Spy Inc. Lindsay, ON $ 50,651.04 4. Badger Sewer Services London, ON $ 58,155.84 The above bids include net HST of 1.76%. CC Dance Sewer Cleaning Inc. has successfully performed similar scope of work as contemplated for this assignment and all references were satisfactory. Therefore it is staff’s recommendation that CC Dance Sewer Cleaning Inc. be retained for this assignment. CONSULTATION/COMMUNICATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public in advance. Staff will also provide communication in the Focus Ad to generally inform residents of the planned work. FINANCIAL IMPACT/FUNDING SOURCE The 2015 Operations Business Plan identified that the remaining amount of the OCIF formula based funding would be used for the Sewer CCTV Inspections asset management project. The Road Condition Assessment asset management project utilized $19,660 (net HST included) of the $54,870 OCIF formula based funding leaving $35,210 to partially fund the Sewer CCTV Inspection asset management project. The difference of $4,440 can easily be accommodated by the remaining sewer operating and maintenance budget. Page 2 / 2 164 STAFF REPORT OPERATIONS SERVICES Report Title: Fleet Replacement Strategy Report No.: OPS 15-33 Author: Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type: REGULAR COUNCIL Council Date: SEPTEMBER 28, 2015 Attachments: NONE RECOMMENDATION: THAT Council receive Report OPS 15-33 Fleet Replacement Strategy; AND THAT Council adopts the Fleet Replacement Strategy as the standardized approach to identifying fleet and equipment replacement needs. SUMMARY Timely replacement of fleet assets is important for controlling the total cost of ownership and overall fleet performance (i.e. vehicle suitability, availability, safety, reliability, and efficiency). The economic theory of vehicle replacement, as illustrated in Figure 1 indicates that from an economic perspective the optimal point to replace fleet assets is when the total cost of ownership is at its lowest. As a vehicle ages, its capital cost diminishes and its operating costs increase (i.e. maintenance, repair, and fuel). The combination of these two costs produces a U-shaped total cost curve that reflects the total cost of ownership. Ideally a vehicle or piece of equipment should be replaced when the capital and operating cost curves intersect and the total cost of ownership begins to increase. However, given that the bottom of the total cost curve is relatively flat suggests that there is not a single best time to replace a unit, but rather that a period of time exists as illustrated in Figure 2. Page 1 / 9 165 Figure 1 – Economic Theory of Vehicle Replacement Figure 2 – Economic Reality of Vehicle Replacement Page 2 / 9 166 In order to ensure that the appropriate vehicle or piece of equipment is identified for replacement during the period of time when the total cost of ownership is lowest a quantitative condition scoring system has been established based on industry standards and fleet management best practices. However to ensure alignment with the uniform approach of the Town’s Asset Management Plan for Condition & Performance a combination of the assets Estimated Service Life (ESL) and condition “score” will be used to estimate the Percentage of Remaining Service Life (%RSL) for each individual fleet asset. The %RSL is then used to place assets into one of five rating categories ranging from Very Good to Very Poor as shown in Table 1. Table 1: Rating Categories based on Estimated Service Life and Condition Rating Category % of Remaining Service Life (RSL) Definition Very Good 81% - 100% Fit for the Future - The asset is generally in very good condition, typically new or recently rehabilitated. A few elements show general signs of deterioration that require attention. Good 61% - 80% Adequate for Now - Some asset elements show general signs of deterioration that require attention. A few elements exhibit significant deficiencies. Fair 41% - 60% Requires Attention - The asset shows general signs of deterioration and requires attention with some elements exhibiting significant deficiencies. Poor 21% - 40% At Risk – The asset is in poor condition and mostly below standard, with many elements approaching the end of their service life. A large portion of the asset exhibits significant deterioration. Very Poor < 20% Unfit for Sustained Service - The asset is in unacceptable condition with widespread signs of advanced deterioration. Many components of the asset exhibit signs of imminent failure, which is affecting service or has effectively exceeded its theoretical service life. An asset’s ESL is the period of time that it is expected to be of use and fully functional to the Town. Once an asset reaches the end of its service life, it will be deemed to have deteriorated to a point that necessitates replacement. The ESL for each vehicle and piece of equipment specific to the Town of Tillsonburg, summarized in Table 2, has been developed based on staff’s knowledge and experience, best practices, industry standards, MTO guidelines, and in consideration of the survey results of area municipalities (Appendix ‘A’). Page 3 / 9 167 Table 2 – Standard Vehicle & Equipment Guidelines Fleet Asset Type Tillsonburg (urban) ESL Km /Hrs Cars, Mini Vans, SUV's 8 200,000 1/2 Ton & 3/4 Ton Trucks 8 200,000 1 Ton Trucks 10 250,000 Single Axle Plow Trucks 10 300,000 Tandem Axle Plow Trucks 12 325,000 Street Sweeper 8 10,000 Loader 15 10,000 Grader 20 15,000 Backhoe 12 12,000 Tractors 15 5,000 Sidewalk Machine 10 5,000 Utility Trailers 15 - Wood Chipper 15 2,000 Mowers 10 2,000 The quantitative condition scoring system will provide staff with additional information of fleet assets and is be based on the average of four different factors including mileage (or hours), lifecycle operating and maintenance costs, reliability, and the mechanical/body assessment. A description of each factor and the associated scoring matrix is provided below: Mileage/Hours (5 pts) The odometer or hour meter reading for the respective vehicle or piece of equipment is compared to the standard vehicle and equipment guidelines (Table 2) and assigned a score based on the extent of use as outlined in Table 3. Table 3 – Mileage/Hour Scoring Matrix Km / Hours Score Km/Hrs are less than 20% of vehicle & equipment guideline 1 Km/Hrs are 21-40% of vehicle & equipment guideline 2 Km/Hrs are 41-60% of vehicle & equipment guideline 3 Km/Hrs are 61-80% of vehicle & equipment guideline 4 Km/Hrs are greater than 81% of vehicle & equipment guideline 5 Page 4 / 9 168 Lifecycle Operation and Maintenance Cost (5 pts) The total lifecycle maintenance and repair costs (not including repair from accident damage, lube, oil changes, filters, tire rotations, annual inspections etc.) is expressed as a percentage of the original purchase price for the respective vehicle or piece of equipment. This data is extracted for each vehicle or piece of equipment from the Town’s financial software system with points assigned as outlined in Table 4. Table 4 – Lifecycle O & M Scoring Matrix Lifecycle Operation & Maintenance Cost Score Lifecycle O&M costs are less than 20% of original purchase cost 1 Lifecycle O&M costs are 21-40% of original purchase cost 2 Lifecycle O&M costs are 41-60% of original purchase cost 3 Lifecycle O&M costs are 61-80% of original purchase cost 4 Lifecycle O&M costs are greater than 81% of original purchase cost 5 Reliability (5 pts) Points are assigned depending on the frequency that a vehicle or piece of equipment is in the shop for repair as outlined in Table 5. The more frequent shop visits the higher the score. This data is extracted for each vehicle or piece of equipment from the service requests generated by fleet maintenance software. Table 5 – Reliability Scoring Matrix Reliability Score less than 5 Service Requests per year 1 more than 5 but less than 10 Service Requests per year 2 more than 10 but less than 15 Service Requests per year 3 more than 15 but less than 20 Service Requests per year 4 more than 20 Service Requests per year 5 Page 5 / 9 169 Mechanical / Body Assessment (5 pts) An annual assessment of each vehicle or piece of equipment is performed that takes into consideration body condition, rust, interior condition, accident history, steering and suspension, engine and transmission, hydraulic and electrical systems, brakes, chassis, etc. based on the applicable MTO inspection standards. The mechanical/body score is based on the outcome of the assessment evaluation as outlined in Table 6. Table 6 – Mechanical / Body Assessment Scoring Matrix Mechanical / Body Assessment Score No visual damage or rust, good drivetrain & engine 1 Minor imperfections in body/paint, interior fair (no rips, tears, burns), good drivetrain 2 Noticeable imperfections in body/paint, minor rust, minor damage to body, worn interior (one or more rips, tears, burns), weak or noisy drivetrain or engine 3 Previous accident damage, poor paint and body condition, rust and rusted through areas, bad interior (rips, tears, cracked dash), major damage to body, drivetrain or engine worn or bad 4 Previous accident damage, poor paint and body condition, rust and rusted through areas, bad interior (rips, tears, cracked dash), major damage to body, drivetrain or engine inoperative or unsafe 5 Implementing the process described above to determine the Condition & Performance ratings of fleet assets will likely produce a larger list of needs (i.e. assets in the Poor and Very Poor rating category) than available resources. Therefore project prioritization parameters must be developed to ensure that the right fleet assets come forward in the short-term and long range business plans. An important method of project prioritization is to rank each vehicle or piece of equipment on the basis of how much risk it represents to the Town. Prioritizing critical assets over lower risk assets ensures that the Town’s fleet is protected against the most severe risks. Asset risk is defined by applying the following formula to each of the fleet assets. Asset Risk = Probability of Failure Score x Consequence of Failure Score The probability of failure relates to the current condition state of each asset, whether they are in Very Good, Good, Fair, Poor, or Very Poor condition. The %RSL score is inversely proportional to the probability of failure and serves as a good indicator regarding the future risk of failure of an asset as described in Table 7. Page 6 / 9 170 Table 7 – Probability of Failure Score %RSL Rating Category Probability of Failure Description Probability of Failure Score Very Good Improbable 1 Good Unlikely 2 Fair Possible 3 Poor Likely 4 Very Poor Highly Probable 5 The consequence of failure relates to the magnitude or overall effect that an asset’s failure will cause and can be characterized by the type of service the vehicle or piece of equipment is used for. For example failure of a Fire Services vehicle could have severe consequences, such as loss of life compared to the failure of a vehicle in Building or Engineering Services. Type of Service Points are assigned based on the type of service that the vehicle or piece of equipment is used for as outlined in Table 8. The more severe the type of service performed the higher the score. Table 8 – Type of Service Scoring Matrix Type of Service Consequence of Failure Score Consequence of Failure Description Any standard car, pickup, SUV, van, or equipment 1 Slight Any vehicle or equipment with standard duties with attachments, service vehicle or dump body, with occasional off-road use 2 Minor Any vehicle or equipment with multiple duties, that pulls trailers, hauls heavy loads, special purpose, or continued off-road use 3 Moderate Hydro fleet & equipment, any vehicle or equipment involved in snow removal 4 Major Emergency fleet & equipment 5 Severe With both the probability of failure and consequence of failure documented, the total risk of asset failure can be determined. A graphical representation of the risk scoring matrix is illustrated in Table 9. Total risk can be classified under the following categories: Page 7 / 9 171 • Extreme Risk (>60%): risk well beyond acceptable levels; • High Risk (45-60%): risk beyond acceptable levels; • Medium Risk (30-45%): risk at acceptable levels, monitoring required to ensure risk does not become high; • Low Risk (15-30%): risk at or below acceptable levels. • Minimal Risk (<15%): risk sufficiently below acceptable levels Table 9 – Asset Risk Scoring Matrix Consequence Probability Improbable Unlikely Possible Likely Highly Probable Severe Low Medium High Extreme Extreme Major Low Medium High Extreme Extreme Moderate Minimal Low Medium High High Minor Minimal Low Low Medium Medium Slight Minimal Minimal Minimal Low Low The objective of this fleet replacement strategy is to reduce risk levels that are deemed to be high, as well as to ensure assets are maintained in a way that sustains risk at acceptable levels. Staff recognizes that the general approach will need to be reviewed and refined over the upcoming years and will monitor asset risk scores to ensure in- house knowledge and experience is captured appropriately. CONSULTATION/COMMUNICATION The following documents were consulted during the development of the proposed fleet replacement strategy as well as a survey of seven (7) nearby and/or similar sized municipalities. 1) APWA Vehicle Replacement Guide, 2001 2) Fleet Challenge Ontario, Best Practices Manual, 2008 3) Fleet Replacement Plan for the City of Prince George, 2014 4) City of Boise Fleet Management Strategic Plan, 2008 FINANCIAL IMPACT/FUNDING SOURCE The financial impact of the proposed fleet replacement strategy will be addressed through the annual budgeting process or through the creation and monitoring of a Fleet & Equipment Reserve. Page 8 / 9 172 APPENDIX ‘A’ Fleet Asset Type MTO Guideline (rural) Norfolk County (rural) Oxford County (rural) Haldimand County (rural) Zorra (rural) Woodstock (urban) St. Mary’s (urban) St. Thomas (urban) Tillsonburg (urban) ESL Km / Hrs ESL Km / Hrs ESL Km / Hrs ESL Km / Hrs ESL Km / Hrs ESL Km / Hrs ESL Km / Hrs ESL Km /Hrs ESL Km /Hrs Cars, Mini Vans, SUV's 7-12 200,000 - 350,000 7 200,000 5-7 200,000 10 - 10 - 10 - 8-10 - 8-12 - 8 200,000 1/2 Ton & 3/4 Ton Trucks 7-12 200,000 - 350,000 7 200,000 5-7 200,000 4-10 - 5 - 10 - 7-9 - 8-12 - 8 200,000 1 Ton Trucks 8-12 250,000 - 300,000 8 250,000 10 250,000 - 300,000 12 - 10 - 10 - 8-10 - 8-10 - 10 250,000 Single Axle Plow Trucks 7-12 200,000 - 320,000 10 300,000 10-12 200,000 - 250,000 12 - 10 - 10 - 8-10 - - - 10 300,000 Tandem Axle Plow Trucks 11-15 200,000 - 350,000 12 300,000 10 200,000 - 250,000 12 - 10 - 12 - 8-10 - 12 - 12 325,000 Street Sweeper 10-20 10,000 - 20,000 7 10,000 10-15 10,000 8 - - - 8 - 10-12 - 10 - 8 10,000 Loader 12-20 10,000 - 15,000 18 16,000 12-20 12,000 25 - 15 - 15 - 12-15 - 12-15 - 15 10,000 Grader 15 -20 10,000 - 15,000 20 15,000 20 12,000 - 20,000 20 - 15 - 20 - - - 20 - 20 15,000 Backhoe 12-20 12,000 - 20,000 12 12,000 12-20 10,000 - 12,000 15 - 12 - 12 - 10-12 - 8 - 12 12,000 Tractors 14-20 16,000 - 20,000 10 4,000 12-15 10,000 - 12,000 20 - 15 - 15-20 - - - 8-12 - 15 5,000 Sidewalk Machine - - 10 5,000 - - 10 - - - 8 - 8-10 - 10 - 10 5,000 Utility Trailers 20 - 7 - 20 - 20 - - - 20 - 15 - 12-15 - 15 - Wood Chipper 10-20 - 15 2,000 10-15 10,000 15 - 10 - 10 - 15 - 18 - 15 2,000 Mowers 7-20 1,000 8 - 7-10 1,000 10 - 10 - 8 - As required - - 10 2,000 Page 9 / 9 173 STAFF REPORT RECREATION, CULTURE & PARKS Title: Trans Canada Trail Expansion Project Report No.: RCP 15-36 Author: RICK COX Meeting Type: COUNCIL Council/Committee Date: SEPTEMBER 28, 2015 Attachments: • OCTMP Map 3.13 Proposed Priority Projects • RCP 14-42 – Trans Canada Trail Expansion Via South Oxford Link • PRS 13-12 – Regional Trail Expansion Opportunity • PW 2015-53 TRANS CANADA TRAIL RECOMMENDATION THAT Council receives report RCP 15-36 – Trans Canada Trail Expansion Project for information; AND THAT Council approves proceeding with development of the Trans Canada Trail link to Norfolk County as outlined in report RCP 15-36; AND THAT Staff be authorized to develop a partnership agreement with the County of Oxford for the development and on-going maintenance of the Trans Canada Trail within Oxford County including: a) Sharing net capital costs on an 85/15 (County/Town) basis; b) Repayment terms to the County for the Town of Tillsonburg’s 15% capital contribution; c) 50/50 sharing of annual operating costs of the proposed Trans Canada Trail. EXECUTIVE SUMMARY Conditional on approval by the Town of Tillsonburg, the County of Oxford proposes entering into a partnership with the Town to develop a Trans Canada Trail on County-owned former railway rights-of-way connecting Tillsonburg to Norfolk County. This report provides background on the proposed partnership and recommends approval from Council to proceed with implementing the Trans Candaa Trail project and to develop a partnership agreement for Council approval. BACKGROUND The Oxford County Trails Master Plan identifies several high-priority links connecting to Tillsonburg using former rail corridors, one of which is the link to Norfolk County (Map 3.13). The section of Trans Canada Trail (TCT) within Tillsonburg is not connected to the larger TCT network to the east. Completing this gap through Oxford County by 2017 is also a high-priority goal of the National TCT organization. It is anticipated that establishing this link will attract tourist dollars RCP 15-36 - Trans Canada Trail Expansion 1/4 174 and trail users to Tillsonburg and provide ratepayers with healthy, active recreational opportunities. In 2013, the Tillsonburg Council of the day authorized staff to continue discussions about developing regional rail trail linkages to Tillsonburg (Report PRS 13-12). This past December, the current Council authorized the Town’s participation in joint funding applications submitted by the County of Oxford to establish a Trans-Canada Trail link between Tillsonburg and Norfolk County (Report RCP 14-42). The County of Oxford also applied for Canada 150 Infrastructure funding. To date, funding applications to Trans-Canada Trail and to the Pan Am Games Legacy fund have been successful, and funding of up to $510,000 towards the Tillsonburg-Norfolk section has been approved. No decisions on the applications to the Canada 150 Infrastructure funding program have been received at this time. $200,000 of the approved $510,000 is from the Pan Am Games Legacy Fund and must be spent by March 31, 2016. The Township of South West Oxford (SWOX) and the Township of Norwich have declined to participate in funding any portion of the Trans Canada Trail. However, SWOX has applied for Canada 150 Infrastructure funding to establish the Tillsonburg to Brownsville link. The Eastern-most portion of the proposed TCT link to Norfolk is road based, and would join with a short road-based section in Norfolk County connecting to the TCT rail-trail just South of Delhi. RCP 15-36 - Trans Canada Trail Expansion 2/4 175 The budget as estimated by County staff for the trail development projects (via a combination of cash and in-kind contributions) is summarized as follows: Trail Budget Grant Funding Municipal Contribution Trans-Canada Trail (Tillsonburg to Baseline Road – 15.3 km) $870,000 $510,000 (Confirmed) $360,000 (15% Tillsonburg/85% County) Therefore, the Town’s portion of the budget for the capital components would total $54,000 (15% share of $360,000). Should additional partners be secured and/or grant applications be successful, any amount would reduce each partner’s cost. The decision before Tillsonburg Council at this time is whether or not to partner with the County to implement the TCT connection to Norfolk. The elements of the partnership (conditional on approval by Tillsonburg’s Council) on which County Council will be voting about on Sept. 23, 2015 (Report PW 2015-53 Trans Canada Trail) are: 1. The County of Oxford will own the rail trail property, consent to the trail use, and be responsible for the capital costs and maintenance of culvert and bridge infrastructure to the level of a utility corridor; 2. Tillsonburg and the County will jointly fund the capital costs of implementing the trail link on a 85/15 (County/Town) basis, offset by whatever funding can be secured from grants. To date, secured funds total $510,000. 3. The County of Oxford will finance the Tillsonburg contribution required for the initial construction with the loan to be repaid by Tillsonburg over a specified term. 4. Tillsonburg and the County will jointly fund the maintenance costs for the trail links on a 50/50 basis, with Tillsonburg staff carrying out the routine maintenance and monitoring tasks. Based on similar rail trails in the Trans Canada system, the estimated cost for maintenance on the proposed trail is approximately $10,000 annually. The partnership arrangement under discussion would see the County remitting their 50% share of the maintenance costs to the Town of Tillsonburg on an annual basis, and the Town carrying out the routine maintenance and inspections on behalf of the partnership. In addition, Town of Tillsonburg staff would work closely with County staff to manage and implement the trail development project over the next two years. CONSULTATION/COMMUNICATION There has been extensive consultation with the County of Oxford, Trans-Canada Trail, the Oxford County Trails Council, the Township of Norwich and the Township of South-West Oxford. FINANCIAL IMPACT The Town’s portion of the estimated $870,000 capital cost of the proposed project is $54,000, or 15% of the $360,000 not yet funded by grants. Further investigation is required to determine how much, if any, of the Tillsonburg share could be in-kind rather than cash. RCP 15-36 - Trans Canada Trail Expansion 3/4 176 The annual impact on the Town to finance this cost would be approximately $5,400 plus interest for a 10 year term. This loan would be issued by the County of Oxford. A different term and/or interest rate could be utilized which would change the annual impact. The Town’s 50% portion of the estimated $10,000 annual maintenance costs for the 17.8km of trail identified in this project would be $5,000. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Goal 4.2 of the CSP looks to the Department to continue implementation of the Community Parks Recreation & Cultural Strategic Master Plan (SMP). Recommendations 6.4 & 6.5 of the SMP speak to the continued expansion of the trail network to facilitate connectivity and active transportation modes. RCP 15-36 - Trans Canada Trail Expansion 4/4 177 1 7 8 STAFF REPORT RECREATION, CULTURE & PARKS Title: TRANS-CANADA TRAIL EXPANSION VIA SOUTH OXFORD LINK Report No.: RCP 14-42 Author: RICK COX Meeting Type: COUNCIL MEETING Council/Committee Date: DECEMBER 10, 2014 Attachments: • PRS 13-12 Tillsonburg Regional Trail Expansion Opportunity • Map 3.13 Proposed Priority Projects RECOMMENDATION THAT Council receive Report RCP 14-42 – Trans-Canada Trail Expansion via the South Oxford Link for information; and THAT Council agrees in principle with entering into a partnership with the Township of Norwich, the Township of Southwest Oxford, and the County of Oxford for the purpose of applying for funds to establish the South Oxford Link; and THAT the partnership agreement and the requirement for Town funds come back to Council for approval in 2015. EXECUTIVE SUMMARY There are two time-sensitive opportunities to secure funding to establish a Trans- Canada Trail link between Tillsonburg and Delhi using the County-owned rail corridor. A preliminary design has been completed and approval is needed from the Town of Tillsonburg for the County of Oxford to submit applications for these funds as a collaboration with Town, the Township of South-West Oxford (SWOX), and the Township of Norwich. BACKGROUND In 2013, Council authorized staff to continue discussions about developing regional rail trail linkages to Tillsonburg. (Report PRS 13-12). RCP staff has been participating in discussions with the County, Trans-Canada Trail (TCT), the Oxford Trails Council, and staff from neighbouring municipalities about these links. The Trans-Canada Trail organization is aggressively pursuing completion of their Trail from Coast to Coast in time for Canada’s sesquicentennial in 2017. The project under discussion would fill the gap between Tillsonburg and Delhi using the County-owned former rail corridor in Oxford County and using road-based connections in Norfolk County. This link is identified as a near-term priority in the recently adopted Oxford County Trails Master Plan. (see attached map). It is also identified as a future link in the 2009 Tillsonburg Trails Master Plan. RCP 14-42 - Trans-Canada Trail Expansion via the South Oxford Link.docx 1/3 179 Proposed Trans-Canada Trail link from Tillsonburg to Delhi TCT has prepared a design study for the 17km stretch of rail trail that arrives at a project cost of $870,000. This cost estimate is comprised of $800,000 for trail construction, $40,000 for planning and engineering costs, and $30,000 for fencing. There is funding available through TCT to support this project and the proposed application would seek $310,000 from this source. There is also funding available through the Pan-Am Legacy Fund but this money is only available for a very short window and must be spent by the end of 2015. The proposed application to this source is for $200,000. The remaining $360,000 is expected to come from the local partnership and can consist of cash and/or in-kind contributions. In addition to the $870,000 for the trail there are some infrastructure costs for the trestle and culverts along the corridor. Oxford County staff has agreed the County should take on these costs as part and parcel of their responsibility to maintain appropriate access along their utility corridor and will be taking recommendations to County Council for that purpose. In Tillsonburg, at least initially, the proposed connection to the trail would be via road from the point that the existing Trans-Canada Trail section reaches North Street. If and when the County or the Town secures use of the rail corridor from the eastern edge of Town to the current trail then an off-road linkage may become possible. RCP 14-42 - Trans-Canada Trail Expansion via the South Oxford Link.docx 2/3 180 The detail of the partnership between the four municipal entities requires much further discussion before an agreement can be brought forward for Council’s consideration. However, because of the imminent funding application deadlines staff at each municipality is seeking approval from their respective Council to support the County’s submission of the applications. In each case the approval would be with the understanding that no final commitment has been made and that an Agreement for the funding and operation of the trail is yet to be arrived at. While there is a very small stretch of this current project within the boundaries of the Town of Tillsonburg, it is reasonable to consider a three-way split with Norwich and SWOX. The exact proportion of the split is part of the negotiations. SWOX addressed this project at their Council meeting on December 2, and their decision was to authorize the joint application but not to make a financial commitment to the project. Norwich is addressing this proposal on December 9. CONSULTATION/COMMUNICATION There has been extensive consultation with the County of Oxford, Trans-Canada Trail, the Oxford County Trails Council, the Township of Norwich and the Township of South-West Oxford. FINANCIAL IMPACT One third of the local share of the proposed project is $120,000. This can be comprised of cash and in-kind contributions, and there is discussion about making the contribution possible over 3-5 years. If Council supports this project in principle, the funding applications will be submitted with a Tillsonburg contribution listed as conditional. Further investigation is required to determine how much, if any, of the Tillsonburg share could be in-kind rather than cash. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Goal 4.2 of the CSP looks to the Department to continue implementation of the Community Parks Recreation & Cultural Strategic Master Plan (SMP). Recommendations 6.4 & 6.5 of the SMP speak to the continued expansion of the trail network to facilitate connectivity and active transportation modes. APPROVALS Director Name/Signature Rick Cox Director of Recreation, Culture & Parks DATE: Dec 2, 2014 Finance Name/Signature Darrell Eddington Director of Finance DATE: Dec 2, 2014 CAO Name/Signature David Calder DATE: Dec 2, 2014 RCP 14-42 - Trans-Canada Trail Expansion via the South Oxford Link.docx 3/3 181 PRS 13-12 - Tillsonburg Regional Trail Extension Opportunity.docx 1/2 CAO STAFF REPORT PARKS AND RECREATION SERVICES Title: TILLSONBURG REGIONAL TRAIL EXPANSION Report No.: PRS 13-12 Author: KELLY J. BATT Meeting Type: COUNCIL MEETING Council/Committee Date: JUNE 12, 2013 Attachments:  Regional Trail Expansion Route RECOMMENDATION RESOLVED THAT Council receive Report PRS 13-12 Tillsonburg Regional Trail Expansion Opportunity; FURTHER RESOLVE THAT Council authorize Town staff to take a leadership role in regional trail expansion by initiating conversations with stakeholders and evaluating funding opportunities. EXECUTIVE SUMMARY Tillsonburg has an extensive trail system and continues to invest in trail development. An opportunity to enhance linkages through Tillsonburg as part of the regional trail network has been identified and staff are asking for Council approval to take a leadership role in regional trail expansion. BACKGROUND INFORMATION In early 2013, staff from the Trans Canada Trail (TCT) organization approached PRS staff with the idea of establishing a trail from Norfolk to Tillsonburg to bridge a gap in the TCT. Currently, TCT offers a program to fund 50% of the cost for approved trail projects and are bringing forward a program offering 70% funding. TCT also provides 100% funding for design work of approved trail projects and have identified this potential connection as one of their short-term priorities to meet TCT’s 2017 completion target. The Tillsonburg Trails Master Plan (2009) identifies potential expansion of the local trail system along the rail corridor (Phase 4.2). Oxford County is in the process of securing ownership of the former CASO rail line through Oxford County. This 32km route is being considered as a regional trail connection in the County Trails Master Plan process now underway. Capitalizing on upcoming TCT funding announcements is key to financing this new trail linkage in the short term. The CASO line runs through Tillsonburg just south of and parallel to North Street and would bring trail users right into the existing trail network as well as add connections to the northern retail section of Broadway Street and the soccer park. 182 PRS 13-12 - Tillsonburg Regional Trail Extension Opportunity.docx 2/2 CAO PRS Staff are recommending that Council approve the concept of this new connecting trail section so that TCT funding can be pursued. In addition to potential TCT funding for 100% of design costs and 50-70% of per kilometer construction costs, PRS staff recommend developing a collaborative application to the Ontario Trillium Foundation (OTF). OTF may fund up to $150,000 of one time capital funding for implementing this type of project. TCT and OTF funding will leverage any Town cash and in-kind contributions to the project. The imminent closing of the Memorial Park horse barn and the decommissioning of the racetrack will create a stockpile of trail material suitable for redeployment on the Tillsonburg section of trail. This material has a $35,000 value to the project, and would comprise a significant portion of the Town’s contribution to the project. PRS staff are also seeking Council endorsement of initiating discussions with neighbouring municipalities along the proposed CASO route about their participation in financing the construction and also in partnering with Tillsonburg for the on-going maintenance if this project became a reality. PRS staff will propose to our partners that Tillsonburg undertake the project management for the initiative, as well as the maintenance and inspection role for the entire trail on a shared-cost basis with South-West Oxford and Norwich Townships. The Parks Division is already performing that function within Tillsonburg and have trained staff and equipment for the task. FINANCIAL IMPACT/FUNDING SOURCE PRS staff estimate that establishing a new 32 km trail connection that extends from Norfolk to Brownsville through Tillsonburg could cost the Town as little as $15,000 in addition to the in-kind contribution of the gravel. Approval for this capital project would be brought forward through the 2014 Town budget. A maintenance agreement with the County and the municipalities along the route would establish sustainable funding for the trail in all the communities involved. Funding for the project is estimated as follows based on other similar trail projects: Trans Canada Trail $385,000 ($17,500 per km plus design costs) Ontario Trillium Foundation $150,000 Adjacent municipalities $110,000 (South West Oxford, Norwich, Oxford County) Town of Tillsonburg $50,000 ($15,000 cash, $35,000 in-kind) Total $695,000 Construction cost estimate $680,000 (allows for a $15,000 contingency) APPROVALS Author Name/Signature Kelly J. Batt DATE: MAY 24, 2013 Director Name/Signature Rick Cox DATE: June 3, 2013 Finance Name/Signature DATE: 183 Report No: PW-2015-53 PUBLIC WORKS Council Date: September 23, 2015 Page 1 of 5 To: Warden and Members of County Council From: Director of Public Works Trans Canada Trail RECOMMENDATIONS 1. That County Council authorize staff to proceed with the construction of the Trans Canada Trail (TCT), from the existing TCT in Tillsonburg to Norfolk County, in partnership with the Town of Tillsonburg at an estimated gross cost of $870,000 (net municipal cost $360,000); 2. And further, that the net municipal costs of $360,000 for the TCT project be funded from County general reserves; 3. And further, that County Council authorize staff to enter into an agreement with the Town of Tillsonburg for construction of the Trans Canada Trail including: a. Sharing net capital costs on an 85/15 (County/Town) basis; b. Repayment terms to the County for the Town of Tillsonburg’s 15% capital contribution to the TCT project; c. Annual operating and cost sharing for the proposed Trans Canada Trail on a 50/50 basis; 4. And further, that the Chief Administrative Officer be authorized to execute all necessary agreements related thereto; 5. And further, that staff seek community partners for financial and/or in-kind contributions for the construction and ongoing operation of the proposed Trans Canada Trail. REPORT HIGHLIGHTS  The Trans Canada Trail (TCT), from the existing TCT in Tillsonburg to Norfolk County, has received grant funding totaling $510,000 of an estimated $870,000 cost.  Negotiations for an agreement with the Township of Norwich and the Town of Tillsonburg for the construction and operation of the proposed TCT and Tillsonburg to Springford trail were unsuccessful. 184 Report No: PW-2015-53 PUBLIC WORKS Council Date: September 23, 2015 Page 2 of 5  Oxford County and the Town of Tillsonburg have agreed in principle to share the net capital costs at 85% County and 15% Town of Tillsonburg, subject to approval of their respective Councils.  Oxford County and the Town of Tillsonburg have also agreed in principle to share operational costs, 50/50, less contributions from community partners. Implementation Points If the recommendations in this report are authorized by County Council, Town of Tillsonburg staff will report to their Council on September 28, 2015 and request a financial contribution of 15% of the net capital costs for the construction of the Trans Canada Trail, and for authorization to enter into a cost sharing agreement with the County for ongoing trail operation. Public consultation will proceed to identify public needs and concerns with respect to trail design, construction and operations. As with any other existing trail, consultation will have its challenges and needs to proceed immediately if this project is to meet the funding deadlines. Construction of the trail will commence after public consultation. County and Town of Tillsonburg staff will seek community partners for financial and/or in-kind contributions for construction and operation of the trail. Community partners may include industry, business, local interest groups, service clubs, and non-profit organizations. Financial Impact Summary of capital costs: Total project cost estimate: $870,000 Grant funding: Trans Canada Trail $310,000 Pan Am/ Para Pan Am Legacy Fund $200,000 Municipal contribution $360,000 Proposed cost sharing of municipal contribution: County of Oxford (85%) $306,000 Town of Tillsonburg (15%) $54,000 Trail operation and maintenance will be completed by the Town and they will be reimbursed by the County for 50% of the costs. Annual operating costs are estimated at $10,000 per year. Capital and operating costs may be reduced by contributions from community partners. 185 Report No: PW-2015-53 PUBLIC WORKS Council Date: September 23, 2015 Page 3 of 5 Repair and maintenance of structures (bridges and culverts) along the trail will be the responsibility of the County as part of regular corridor management and will be funded from the annual bridge and culvert rehabilitation budget. The Treasurer has reviewed this report and agrees with the financial impact information. Risks/Implications This project will have numerous risks and implications that are typical with any construction project. This project will likely be cancelled if the County does not contribute to the capital costs, and the opportunity to utilize grant funding will be lost. The time frame for receipt of the Pan Am/ Para Pan Am Legacy funding grant in the amount of $200K is until March 31, 2016. Strategic Plan (2015-2018) County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting held May 27, 2015. The initiative contained within this report supports the Values and Strategic Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions: 1. i. A County that Works Together – Strengthen, diversify and broaden the economic/prosperity base through: - Strategies to retain and support existing businesses and grow our green economy 2. i. A County that is Well Connected – Improve travel options beyond the personal vehicle by: - Creating, enhancing and promoting the use of an integrated trail and bike path system - Promoting active transportation 4. i. A County that Informs and Engages - Harness the power of the community through conversation and dialogue by: - Understanding and addressing public aspirations for a more livable community DISCUSSION Background Council will recall that the TCT costs are estimated at $870,000 and that grant funding in the amount of $510,000 has been secured for its construction. Report No. PW 2015-43 was adopted by County Council on August 12, 2015. With adoption of Report No PW 2015-43, Council committed to front end the municipal share of construction costs on behalf of the participating area municipalities and staff were authorized to negotiate an agreement with the 186 Report No: PW-2015-53 PUBLIC WORKS Council Date: September 23, 2015 Page 4 of 5 Township of Norwich and the Town of Tillsonburg for the construction and operation of the Trans Canada Trail (TCT), from the existing TCT in Tillsonburg easterly to Norfolk County, and the proposed trail from Tillsonburg to Springford under the Canada 150 Community Infrastructure Program. On August 11, 2015, Township of Norwich Council adopted a recommendation to proceed with development of the Trans Canada Trail and Tillsonburg to Springford trail, conditional on Town of Tillsonburg participation of 50% funding for capital and on-going maintenance costs. However, at their meeting on September 8, 2015, Norwich Township reconsidered the recommendation and voted not to proceed with trail development at this time. Town of Tillsonburg staff did not submit a report to their Council on September 14, 2015, as originally planned, in light of the decision by Norwich Township. County staff and Warden Mayberry met with Town of Tillsonburg staff and Mayor Molnar on September 14, 2015. Discussions led to an agreement in principle to share the unfunded portion of the capital costs for construction of the Trans Canada Trail, subject to approval from their respective councils. The proposed cost sharing split would be County - 85% and the Town - 15%. The County and Town of Tillsonburg also agreed in principle to equally share on-going operating costs, subject to final approval from their respective councils. Comments A map of the connectivity of the TCT in Southwestern Ontario is attached as Attachment 1. This project provides the connection not only to TCT but to many other regional trails, primarily on abandoned rail corridors. This opportunity has not previously existed within Oxford County. It is hoped that this connection will provide the backbone of other trail extensions within Oxford as envisioned in the Trails Master Plan. Staff recognizes that recreation, including trails, is a responsibility of the area municipalities, and the County’s role in trail development, as identified in the Trails Master Plan, is seen as a facilitator of trail projects to ensure consistency and connectivity within the County. The County’s funding of this project should not be seen as a precedent for future trail development. This is a regional project that will benefit all residents of all Oxford County and will be part of a trail network that will ultimately connect from coast to coast across Canada. The economic benefits from tourism will be widespread, and not just locally. Trail users will seek destination points of natural and cultural significance, along the TCT throughout Canada. Town of Tillsonburg staff also recognize the potential economic benefits to their community that the TCT connection will provide and are prepared to request their Council to authorize expenditures for the construction and operation of this trail. Completion of the proposed Trans Canada Trail and future potential connections through Tillsonburg will hopefully encourage further trail development in Oxford County as area municipalities see the derived benefits through tourism and promotion of active living and the 187 Report No: PW-2015-53 PUBLIC WORKS Council Date: September 23, 2015 Page 5 of 5 opportunity to connect to the Trans Canada Trail. With the completion of this critical TCT link, the area municipalities will be able to consider future trail connections within the Town of Tillsonburg and extensions westerly to Brownsville and northwesterly to Springford all of which are identified as priority projects in the County’s Trail Master Plan. Conclusion The Trans Canada Trail is a legacy project with national significance and the County has a rare opportunity to utilize grant funding for the construction of an off road multi use trail. Staff feel that without financial contributions from the County, the Trans Canada Trail project will not proceed. SIGNATURES Report Author: Original signed by: Frank Gross, C. Tech Supervisor of Engineering Services Departmental Approval: Original signed by: Robert Walton, P.Eng. Director of Public Works Approved for submission: Original signed by: Peter M. Crockett, P.Eng. Chief Administrative Officer ATTACHMENT Attachment 1: Map of TCT Connectivity 188 Trans Canad aTrail ©2015 se ntie r Transcanad ie nSource : TCT/STC, Esri. Proje ction: We b Me rcator, WGS84. Ope rational Land TrailSe ntie r opérationne l Propose d Land Trail*Se ntie r proposé* Ope rational Wate r TrailV oie navigable opérationne lle Propose d Wate r Trail*V oie navigable proposée * 2015-09-180306015m i 0 50 10025 k m 1:2,155,250 Disclaim e r/Avis d e non-re sponsabilité:The Trans Canad a Trail (TCT) “Explore The Trail” inte ractive m ap is inte nd e d as a navigation tool for Trail use rs as the y planthe ir journe y. The TCT is w ork ing hard to ensure the accuracy of Trail inform ation to the be st of its k now le d ge . The TCTm ak e s no w arrantie s, eithe r e xpre ssed or im plie d , and assum e s no re sponsibility for the accuracy of the d ata pre se nte d onthe m ap. The Trail user assum es the e ntire re sponsibility and risk as to the use of any or all inform ation prese nte d on the m ap. La carte inte ractive d u sentie r Transcanad ie n (STC) est d e stinée aux utilisate urs d u Se ntier d ésirant d e l’aid e pour laplanification d ’une sortie sur le Se ntie r. Le STC travaille ard e m m e nt d ans le but d e s’assure r, au m eille ur d e se sconnaissance s, que le s inform ations fournie s sur le Se ntie r sont le s plus précise s e t à jour possible s. Le STC ne d onneaucune garantie , expre sse ou im plicite , e t n'assum e aucune re sponsabilité quant à l'e xactitud e d e s d onnée s prése ntées sur lacarte . L’utilisate ur d u Se ntie r assum e l’e ntière re sponsabilité quant à l’utilisation d ’une partie ou d e toute l’inform ationprése ntées sur la carte . For m ore inform ation, visit www.tctrail.ca/ Pour plus d 'inform ations, visite z www.sentier.ca *Proposed trailsre pre se nt future se ctions not curre ntly conne cte d , m e aning that those sections are not built or officially re cognize d byTCT.*Les sentiers proposés re prése nte nt d e s se ctions future s non raccord ée s actue lle m e nt, c’e st-à-d ire que ce s se ctions ne sont pasconstruite s ou officie llem e nt re connue s par le STC. Attachment 1 PW-2015-53 September 23, 2015 189 STAFF REPORT RECREATION, CULTURE & PARKS Title: Soccer Park Wayward Ball Fence Procurement Report No.: RCP 15-38 Author: RICK COX Meeting Type: COUNCIL Council/Committee Date: SEPTEMBER 28, 2015 Attachments: • Email From TMSC President RECOMMENDATION THAT Council receives report RCP 15-38 – Soccer Park Wayward Ball Fence Procurement for information; AND THAT Council awards the supply and installation of a galvanized fence and seasonal mesh system at the Soccer Park to Simpson’s Fence (London) at their tendered price of $51,093.87 net of applicable taxes; AND THAT Council authorize issuing a refund of the $16,188 contribution towards the fence received from Performance Communities Realty Incorporated. EXECUTIVE SUMMARY In May 2015, Council directed staff to negotiate a wayward ball solution with Tillsonburg Minor Soccer Club (TMSC) and Performance Communities Realty Incorporated (PCRI) that was agreeable to all parties. An acceptable solution was found and tenders were issued to secure costs. The cost of burying the hydro doubles the implementation cost to over $101,000 which exceeds the available funds by $35,000. Burying the hydro is not required to address the wayward ball issue, so staff recommends proceeding to install the barrier along the existing field fence North of the Clubhouse and along the property line South of the Clubhouse. BACKGROUND At the direction of Council, staff met with representatives of TMSC and PCRI to try and find a ‘Made in Tillsonburg’ solution for addressing the wayward balls from the Soccer Club. Constructive discussion and cooperation from all parties contributed to an agreed solution at which includes a 6’ galvanized chain link fence along the Town side of the property line and establishing a cedar ‘green fence’ on the development side of the chain link. Above the chain link, seasonally placed 14’ mesh sections will raise the barrier to 20’ where the risk of wayward balls is greatest. In order to facilitate this solution, the overhead hydro connection to the facility must be relocated and the best approach for this is to bury the hydro. If the hydro is not relocated, the only option for the fence on the North field is along the existing 4’ field fence RCP 15-38 - Soccer Park Wayward Ball Fen 1/3 190 Chain Link and Mesh In July, staff issued RFP 15-12 to secure competitive pricing on the chain link and mesh. Eight vendors attended the mandatory site meeting. The RFP closed on August 20, 2015 and two bids were received. Vendor Bid Status Bid Price (net tax incl.) CSL Group Ltd Fully compliant $92,601.60 Simpson’s Fence Fully compliant $51,093.87 Both vendors submitted compliant bids to supply and install the chain link and mesh. Staff recommends awarding the contract to London Fence as the lowest compliant bid. Staff will work with the chosen vendor to install the chain link and masts for the mesh this fall. The soccer season will be over by the time the work is done, so the seasonal mesh will be installed for the first time in the spring of 2016. Burying the Hydro Service Working with an outside consultant, RCP staff developed and issued a Tender to secure competitive pricing on the hydro service work. 1 vendor attended the optional site meeting. The Tender closed on September 3, 2015 and 3 bids were received. Vendor Bid Status Bid Price (net tax incl.) Ascent Complete $60,496.32 Pachecos Agreement to Bond not provided $66,123.65 Tillsonburg Hydro Inc. Agreement to Bond not provided $30,278.69 The recommendation from the consultant is “to award the work to Tillsonburg Hydro Inc. (THI) based on the stipulated cost and schedule.” In addition to this cost, an additional $20,000 is required to pay for the consultant, to pay for the Electrical Safety Authority (ESA) approvals, and to pay for a load break switch that the ESA has deemed necessary to meet code requirements. PCRI agreed to establish the cedar green fence at their cost and contribute the difference between that cost and their fence construction budget to the wayward ball solution. This contribution was included in the approved Subdivision Agreement and $16,188 has been received by the Town. While they support the above approach, Tillsonburg Minor Soccer Club refrained from committing to any solution until the full costs were determined. Now that full costs have been determined, TMSC have reinforced that the ‘Made in Tillsonburg’ approach is the only one that is acceptable from their perspective; however they are unable to contribute towards the cost of implementation (see attached email from TMSC President). The “bury the hydro” component of the solution essentially doubles the cost to implement it. This component is the preference of TMSC but is not required to address the wayward ball issue. If this component is eliminated from the project, the wayward ball barrier will have to be installed along the existing 4’ soccer field fence on the North field. Once that is done, the hydro option is eliminated. RCP 15-38 - Soccer Park Wayward Ball Fen 2/3 191 CONSULTATION/COMMUNICATION Extensive consultation with representatives from PRCI and TMSC was required to arrive at a solution that all were agreeable to, pending confirmation of cost. An outside consultant was engaged to develop the specification for the hydro work and to evaluate the bids. FINANCIAL IMPACT The combined cost of the fence, mesh and hydro work is 101,372.56. The approved budget for 2015 includes a contribution to reserves of $50,000 for the soccer fence, funded from taxation. PCRI has contributed $16,188 to the cost of the barrier fence as part of the Subdivision Agreement. This leaves a shortfall of which could be funded in several ways. • TMSC may make a contribution towards the cost for the wayward ball barrier. • The Town could fund the difference from debt as there is no reserve or surplus available. In the absence of sufficient funds in the 2015 budget, staff recommends refunding the contribution from PCRI and proceeding without the hydro component. The project cost without the hydro component will exceed the $50,000 reserve by approximately $5,000, as the recommended fence cost is $51,100 and the consultant on the hydro component must be paid ($3,500) regardless of whether the hydro work is done. As the project will be carried forward to 2016 for the installation of the mesh, with Council approval the additional funds required can be added during the 2016 budget process. There will be an annual cost to hang the mesh in the spring and retract it in the fall. This cost is estimated at $3,000 per year. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A RCP 15-38 - Soccer Park Wayward Ball Fen 3/3 192 Hi Rick, Thank you for providing the information on the results of the tenders for the hydro line work and new fence and also thank you for requesting TMSC input in regards to the resultant funding shortfall in the 2015 budget. To quickly recap what you told me: the tenders came in at approximately $51K for the fencing and total costs for the hydro line work is expected to be approximately $50K. The Town has allocated $50K in the 2015 budget and PCRI (the Developer) will contribute approximately $16K (ie. the difference between the original fence contribution and the cost to install cedars – this contribution is just an estimate as the work has not been completed). This would result in approximately $35K funding shortfall if the work was to all be completed in 2015. At last week’s TMSC Board meeting we discussed the funding shortfall and we even discussed the possibility of the soccer club contributing towards the fence costs. However since these costs have never been part of our capital expenditure plans and we are the only party that is not profiting from the adjacent land development (Town and Developer are both profiting) therefore we maintain our position that all costs associated with the fencing solution are the sole responsibility of the Town and Developer. We also maintain our position that the only suitable location for the safety fence is on the property line. The “made in Tillsonburg” fencing solution that was agreed upon between PCRI, the Town, and the Soccer Club is still the best overall plan and the only plan that we have seen that is acceptable. I briefly want to touch on the fact that the Soccer Club has already made a substantial investment in the facility this year as we had to have a section of the roadway paved with asphalt. This was a $40K capital investment that we had to plan and save for over a number of years. As you are aware we have also been told by the Town that we will need to relocate the maintenance shed and, given the condition and functionality of this building, we are likely looking at replacing rather than moving. This will be a $30K project that we will somehow need to raise the money to complete over the next few years. As you know, our revenue streams are limited: player registrations, hall rentals, and fund raising campaigns are our only tools. We are also working with volunteers who have limited time to commit, and most of the participants are children so we want to keep the programs affordable and accessible. Currently our annual list of expenses includes: field maintenance; building maintenance; equipment and supplies; road maintenance; utilities; etc. Our list of expenses is extensive and capital expenditures are a challenge. Re: looking for an update Fardella Family to: Rick Cox/Tillsonburg 09/21/2015 09:52 AM Cc: TMSC Hide Details From: Fardella Family <fardella4@gmail.com> To: "Rick Cox/Tillsonburg" <RCox@tillsonburg.ca>, Cc: TMSC <tmsc@execulink.com> History: This message has been replied to and forwarded. Page 1 of 4 9/22/2015file:///C:/Users/rcox/AppData/Local/Temp/notes48DFC4/~web4767.htm 193 I understand that there is a funding shortfall for 2015 that needs to be addressed but there are many options to handle this and still put in place the planned hydro relocation and fence installation before the start of the 2016 season. The primary issue to take care of is the hydro line obstacle and the Town’s $50K allotment for 2015 will cover that. A portion (or all) of the fence costs should be deferred to 2016 because there is no value in putting up the mesh for the winter and it is unlikely that PCRI wants to plant cedars at this time of the year. The PCRI $16K fence contribution plus an additional $35K Town contribution in 2016 could be used to put up the fencing in the spring. The Town should also direct the $15K parkland contribution that PCRI will contribute towards addressing this “parkland safety issue”. That would leave only $20K to cover under the 2016 budget. These are all reasonable approaches that the TMSC Board supports. Regards, On behalf of the Board of Directors of TMSC Sebastian Fardella President On Mon, Sep 21, 2015 at 8:42 AM, Rick Cox/Tillsonburg <RCox@tillsonburg.ca> wrote: Hi Sebastian, is there a good time today to touch base by phone? Rick Cox Director of Recreation, Culture & Parks Town of Tillsonburg 200 Broadway Street Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 4228 www.Tillsonburg.ca www.DiscoverTillsonburg.ca www.Facebook.com/TillsonburgON DISCLAIMER: This E-mail contains legally privileged information intended only for the individual or entity named in the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please notify us by reply E-mail and delete the original message. Please consider the environment before printing this email. From: Fardella Family <fardella4@gmail.com> To: "Rick Cox/Tillsonburg" <RCox@tillsonburg.ca>, Date: 09/18/2015 05:53 PM Subject: Re: looking for an update Page 2 of 4 9/22/2015file:///C:/Users/rcox/AppData/Local/Temp/notes48DFC4/~web4767.htm 194 STAFF REPORT RECREATION, CULTURE & PARKS Title: Amendment to the Cemetery By-Law Report No.: RCP 15-41 Author: RICK COX Meeting Type: COUNCIL Council/Committee Date: SEPTEMBER 28, 2015 Attachments: • DRAFT CEMETERY BY-LAW AMENDMENT • BY-LAW 3640 – OPERATION OF MUNICIPAL CEMETERIES RECOMMENDATION THAT Council receives report RCP 15-41 – Amendment to the Cemetery By-Law; AND THAT By-Law 3946 to amend By-Law 3640, being the Cemetery By-Law be brought forward for Council consideration; AND THAT By-Law 3946, as adopted by Council be provided to the Registrar, Ministry of Consumer Services for approval. EXECUTIVE SUMMARY The Heritage, Beautification and Cemetery Advisory Committee (HBCAC) has proposed some amendments to the Cemetery By-Law. In accordance with section B of the Cemeteries By-Law 3640, all amendments to the by-law must include notice as per the Funeral, Burial, and Cremation Services Act 2002, Ontario Regulation 30/11, Section 151: Cemetery By-Laws, and are subject to the approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services. The public notification process regarding the amendments to the Cemetery By-Law began in mid-August. The following forms of Notice were provided as required by the Act: a) Published an ad in the August 19 & August 26, 2015 issue of the Tillsonburg newspaper; b) Posted Notice at the cemetery entrance from August 14, 2015 to present; c) A copy of the Notice was sent by email on September 21, 2015 to each supplier of markers who has delivered a marker to the cemeteries during the previous twelve-month period. d) Copies of the proposed by-law were made available at the Cemetery Office to interested parties upon request. RCP 15-41 - Amendment to the Cemetery By 1/2 195 Council consent is required prior to submitting the amending by-law to the Office of the Registrar for approval and must be accompanied by the following: 1. A copy of the newspaper notice. 2. Photo of the sign that was posted at the cemetery entrance for (4) weeks (indicate the beginning and end dates of posting on the back of the photo). 3. A list of monument dealers and their addresses that the cemetery by-law was delivered to. 4. Two (2) copies of the proposed by-laws to be approved by the Ministry. Upon approval by the Registrar, the Ministry of Consumer Services will return an endorsed copy of the amending by-law to the municipality. BACKGROUND The HBCAC has identified an issue in the Cemetery. Certain grave decorations including flowers and wreaths can become deteriorated over time and the Committee felt it appropriate to amend the Cemetery By-Law to address the issue. With the assistance of the Deputy Clerk and the Parks & Facilities Manager, examples of other cemetery by-laws were consulted and used to create a draft amendment. Parks & Cemetery staff were consulted to ensure the proposed changes would make sense from an operational perspective. The HBCAC is recommending that Council adopt the proposed amendments to the Cemetery By-Law in order to establish clear rules regarding plot decorations. CONSULTATION/COMMUNICATION There is a public notice process and period defined in the Funeral, Burial, and Cremation Services Act, 2002, Ontario Regulation 30/11, Section 151 Re: Cemetery By-Laws. Signage was placed in the Cemetery prior to the August 15 Decoration Day event. Notice has been inserted into the Tillsonburg News. Copies of the proposed amendment are available for review at the Cemetery or by contacting RCP staff. FINANCIAL IMPACT N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A RCP 15-41 - Amendment to the Cemetery By 2/2 196 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. XXXX A BY-LAW to amend By-Law 3640, to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and in particular, governing rights, entitlements and restrictions with respect to interment rights, in accordance with the Funeral, Burial and Cremation Services Act, 2002, s.o. 2002, c.33. WHEREAS section 48(2) of the Funeral, Burial and Cremation Services Act, 2002, s.o. 2002, c.33 provides internment rights holders and the relatives of any person whose remains are interred in a cemetery the right to decorate the lot in which the remains are interred if the decorations do not contravene the cemetery by-laws; and WHEREAS the Council for the Corporation of the Town of Tillsonburg deems it necessary and expedient to amend By-Law 3640 to include regulations pertaining to decorating cemetery lots; and. NOW THEREFORE the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. That By-Law 3640 – Section A be amended to include the definition of “Lot Decoration” to read “the installation of a flowerbed, or placing of ornaments, figurines or embellishments on a cemetery lot, which may include but is not limited to: artificial wreaths, flower stands, fresh cut flowers, flowering or other plants, potted plants, solar lights, vases, and urns”. 2. That the following provisions be removed from Section F and added to Section B: a. There shall be no discharge of firearms at a military funeral b. No dogs or other pets shall be permitted in the cemetery c. Picnics shall not be permitted within the cemetery. 3. That Section F be amended to read: “F. CEMETERY LOT DECORATIONS The Cemetery Operator reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all internment rights holders, visitors to the cemetery and cemetery employees, prevents the Cemetery Operator from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. Prohibited articles shall be removed and disposed of without notification. Loose stones, articles of glass or pottery, or any other material that may create a hazard to visitors or cemetery employees are not permitted within the cemetery. Lot decorations of one internment rights holder must not infringe upon the property of another internment rights holder. The Town of Tillsonburg through cemetery personnel, reserves the right to remove flowers, potted plants, wreaths, baskets or flowers when they become withered, unsightly or are out of season. The Town of Tillsonburg shall not be responsible for any damage to lots, structures or objects therein or flowers or articles removed from a gravesite, except for damage shown to be caused by a cemetery employee. All lot decorations are the sole responsibility of the lot internment rights holder. 197 Artificial Wreaths: Artificial wreaths or monument saddles shall be fastened to the monument or mounted on a separate stand anchored to the ground and may be placed and remain on the gravesite from November 1st to April 15th of the following year. No plastic or any other type of covering is permitted. All artificial decorations remaining after April 15th will be considered abandoned and will be removed by cemetery staff. The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. Flower Beds: Flower beds shall be no larger than 15 inches in depth and not exceed the length of the base of the monument. Planting shall be allowed in front of the monument only. Flowerbeds or planting in the ground is not permitted on flat marker lots. Borders on flowerbed gardens can be utilized to separate the flowerbed from the surrounding grass area and can be made of pre-formed concrete, heavy grade plastic, rubber or granite. Flowerbeds are required to be cleared of tender plants by September 30th. Interment rights holders wanting to take any plant away should do so before their removal is necessary. Fresh Cut Flowers: Fresh cut flowers are allowed on all lots. They must be placed in a non-breakable metal or plastic container. Vases, urns or flower stands on lots that are not filled with flowers by June 20th in any year, may be removed from the lot by cemetery personnel. Placing loose gladioli on grave site for Decoration Day (the 3rd Sunday in August) is allowed. Loose flowers placed for Decoration Day that have not been picked up by the internment rights holder within the week will be removed by cemetery personnel. For columbaria, floral tributes will be allowed in bud vases that are approved by the Tillsonburg Cemetery and that are attached to the columbarium niche. Other floral tributes are allowed at the time of inurnment and on Decoration Day. Flowers and wreaths placed against or near any part of the columbaria that are liable to stain or deface the structure will be removed. Potted Plants: Potted plants shall be placed on the top of the ground as close to the monument as possible and are required to be removed from the lot by September 30th or will be taken away by cemetery personnel. Shrubs: No bushes, shrubs or trees are allowed on cemetery lots with the exception of those already in place at the time this by-law was approved. Trees & Plantings: All landscaping and planting of trees in the cemetery is the responsibility of Tillsonburg Cemetery personnel. For information about the Memorial Tree & Bench Program, contact the Cemetery office at (519) 688-3009, ext. 5230”. 198 4. THAT By-Law 3640 passed by the Council of the Corporation of the Town of Tillsonburg on August 13, 2012 shall be hereby amended. 5. THAT all amendments to By-Law 3640 must include proper notice as per the Funeral, Burial, and Cremation Services Act 2002, Ontario Regulation 30/11, Section 151 Re: Cemetery By-Laws. 6. THAT Cemetery by-laws and by-law amendments are subject to the approval of the Registrar, Ministry of Consumer Services. 7. THAT THIS By-Law shall come into force and effect upon the receipt of endorsement from the Registrar, Ministry of Consumer Services; and final passing thereof. READ A FIRST AND SECOND TIME THIS ____ DAY OF _____, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS ___ DAY OF ____, 2015. ________________________ Mayor – Stephen Molnar ________________________ Town Clerk – Donna Wilson 199 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3640 A BY-LAW to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and, in particular, governing rights, entitlements and restrictions with respect to interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o. 2002, c.33 WHEREAS The Corporation of the Town of Tillsonburg owns and operates municipal cemeteries known as the Tillsonburg Cemetery, located at 191493 Simcoe Street, CON 12 S PT LOT 1 REG COMP, LOT 39, PLAN 1653, Town of Tillsonburg; AND WHEREAS the Funeral, Burial and Cremation Services Act (FBCSA), 2002, S.O. 2002, c.33 (Act) regulates the operation of cemeteries in Ontario; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it desirable to enact a By-law to regulate the operation of municipal cemeteries; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3628 in its entirety; AND WHEREAS public notice of Council's intention to pass this By-law will be provided in accordance with the Act; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: A. DEFINITIONS Burial: The opening and closing of an in ground lot or plot for the disposition of human remains or cremated human remains. By-laws: The rules and regulations under which the Cemetery operates. Care and Maintenance Fund: It is a requirement under the Act that a percentage of the purchase price of all interment rights, and set amounts for marker and monument installations is contributed into the care and maintenance fund or monument care fund as is appropriate. Interest earned from these funds is used to provide care and maintenance of plots, lots, and stability of markers and monuments at the cemetery. Cemetery Lead hand: A person(s) designated by the Corporation of the Town of Tillsonburg to execute all rights and responsibilities under this by-law and under the Act. Cemetery Operator: The Corporation of the Town of Tillsonburg. Contract: For purposes of this by-law, all purchasers of interment rights or cemetery services must sign a contract with the cemetery, detailing obligations of both parties and acceptance of the cemetery by-law. Corner Posts: Shall mean any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot or plot. Grave: (Also known as a Lot) means any in ground burial space intended for the interment of a child, adult or cremated human remains. Interment Right: The right to require or direct the interment of human remains or cremated human remains in a grave or lot and direct the associated memorialization. Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights. Interment Rights Holder: Any person designated to hold the right to inter human remains in a specified lot. Lot: For the purposes of this By-Law a lot is a single grave space measuring 38 inches by 120 inches, 38 inches by 96 inches and 48 inches by 120 inches. Marker: Shall mean any permanent memorial structure that is set flush and level with the ground within the designated memorial space, and used to mark the location of a burial lot. 200 Monument: Any permanent memorial projecting above the ground installed within the designated memorial space to mark the location of a burial or lot. Memorial Space: An area specified on a grave for the installation of a monument or marker. Plot: For the purposes of these by-laws, a plot is a parcel of land, with deeded interment rights and sold as a single unit, containing multiple lots. B. GENERAL INFORMATION Cemetery Operator Discretion The sale of interment rights or the authorization for burial is at the discretion of the Cemetery Operator. Burial authorization is subject to the provision of evidence of interment rights by the interment rights holder, availability of documentation proving unused lot space, and other factors as may require consideration. The sale of interment rights is subject to the cemetery being considered an 'active' cemetery. Hours of Operation: Visitation Hours: Daily from dawn until dusk Office Hours: 8:30am - 4:30pm Monday to Friday with the exception of all public holidays Burial Hours: There are no Sunday burials. Burials from Monday to Saturday are available after 9am and before 4pm. Note: Additional charges may apply depending on day and time. Fees: Fees are published in the Town of Tillsonburg Rates & Fees By-Law. The by-law is revised yearly. General Conduct: The Cemetery Operator reserves full control over the cemetery operations and management of land within the cemetery grounds. No person may damage, destroy, remove or deface any property within the cemetery. All visitors shall conduct themselves in a quiet manner that shall not disturb any service being held. Children under the age of twelve are welcome on the cemetery grounds when accompanied by an adult. Said adult shall be responsible for their good conduct and shall see that they do not run over the graves or climb upon the monuments. By Law Amendments: The cemetery shall be governed by this bylaw, and all procedures shall comply with the Funeral Burial & Cremation Services Act, 2002 and Ontario Regulation 30/11, as may be amended. All amendments must include proper notice as per Section 151 of Ontario Regulation 30/11. All by-laws and amendments are subject to the approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services. Liability: The Cemetery Operator shall not be held liable for any loss or damage, without limitation (including damage by the elements, Acts of God, or vandals) to any lot, plot, monument, marker, or other article that has been placed in relation to an interment right save and except for direct loss or damage caused by gross negligence of the cemetery operator. Public Register: Provincial legislation - Section 110 of Ontario Regulation 30/11 requires all cemeteries to maintain a public register that is available to the public during regular office hours. Parades: No parade shall be admitted or organized within the cemetery without approval from the Cemetery Operator. Vehicles: Only automobiles, motorcycles, bicycles shall be permitted upon cemetery grounds. Vehicles within the cemetery shall be driven with due decorum and not above the posted rate of speed. Vehicles shall not be driven or parked on the lawns nor may drivers use the avenues for purposes of turning. Motorized vehicles such as mini bikes, snowmobiles, recreational vehicles, including skateboards and roller blades are prohibited within the cemetery. Proprietors of vehicles and their drivers shall be held responsible for any damage done by said vehicles. Eternal Flames: No natural or propane gas light will be allowed on the individual lots or graves. 201 Burial of Pets or Other Animals: Pets or other lower animals, including cremated animal remains, are prohibited from burial or scattering on cemetery grounds. Right to Re-Survey: The Cemetery has the right at any time to re-survey, enlarge, diminish re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities. Notice of Resale and Transfer of Interment Rights: The Cemetery Operator permits the interment rights holder to sell or transfer their interment rights to a third party, at no more than the current price listed on the cemetery price list, provided the sale or transfer is conducted through the Cemetery Operator and the purchaser meets the qualifications and requirements as outlined in the Cemetery Operator's by-laws and provides for the administrative charge outlined in the cemetery price list to transfer the interment rights certificate. C. CANCELLATION OR RESALE OF INTERMENT RIGHTS Purchasers of interment rights acquire only the right to direct the burial of human remains and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by-laws. In accordance with cemetery by-laws, no burial or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full. An interment rights certificate shall be issued to the interment rights holder(s) when payment has been made in full. The purchase of interment rights is not a purchase of Real Estate or real property. An interment rights holder wishing to resell their interment rights shall advise the Cemetery Operator of their intention prior to seeking a third party buyer for their interment rights. Cancellation of Interment Rights within 30 Day Cooling-Off Period: A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract by providing written notice of the cancellation to the Cemetery Operator. The Cemetery Operator shall refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. Cancellation of Interment Rights after the 30 Day Cooling-Off Period: Upon receiving written notice from the purchaser of the interment rights, the Cemetery Operator shall cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30) days of receiving said notice. If the interment rights certificate has been issued to the interment rights holder(s), the certificate must returned to the Cemetery Operator along with the written notice of cancellation. If any portion of the interment right has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights. Resale of Interment Rights after 30 Day Cooling-Off Period: Unless the interment rights have been exercised the purchaser retains the right to cancel the contract or re-seil the interment rights. Once payment for the interment rights has been made in full, and an interment rights certificate has been issued, the interment rights holder(s), as recorded on the cemetery records, has the right to re-sell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by-laws and in keeping with the Act. If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are nol entitled to re-sell the interment rights. Care and Maintenance Fund and Monument Care Fund Contributions: As required by sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights and a prescribed amount for monuments and markers is contributed into the care and maintenance fund or the monument care fund as is appropriate. Income from these funds are used to provide only general care and maintenance of the cemetery and maintain safety of monuments. Contributions to the care and maintenance fund or monument care fund are not refundable except when interment rights are cancelled within the 30 day cooling off period. Permit or prohibit resale of interment rights to a third party: Note: All resales of interment rights must be carried out through the Cemetery Operator. 202 Requirements for the resale of interment rights: The interment rights holder(s) intending to sell their rights shall provide the following documents to the Cemetery Operator in order that the operator can confirm the ownership of the rights and provide the third party purchaser with the required certificate: 1. an interment rights certificate endorsed by the current rights holder 2. if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available 3. any other documentation in the interment rights holder(s) possession relating to the rights The third party purchaser shall be provided with the following documents by the Cemetery Operator: 1. an interment rights certificate endorsed by the current rights holder 2. a copy of the cemetery's current by-laws 3. a copy of the cemetery's current price list 4. a written statement of the number of lots that have been used in the plot and the number of lots that remain available 5. any other documentation in the interment rights holder(s) possession relating to the rights The Cemetery Operator shall: 1. require a statement signed by the rights holder(s) selling the interment rights acknowledging the sale of the interment rights to the third party purchaser; 2. require confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re-sell the interment rights; 3. record the date of transfer of the interment rights to the third party; 4. record the name and address of the third party purchaser(s); 5. require a statement of any money owing to the Cemetery Operator in respect to the Interment Rights; Once the endorsed certificate and all required information has been received by the Cemetery Operator from the rights holder(s), the Cemetery Operator shall issue a new interment rights certificate to the third party purchaser. Upon completion of the above listed procedures, and upon the issuance of the new interment rights certificate, the third party purchaser or transferee(s) shall be considered the current interment rights holder(s) of the interment rights, and the resale or transfer of the interment rights shall be considered final in accordance with the cemetery by-laws and the Act. The Cemetery Operator may charge an administration fee for the issuance of a duplicate certificate in accordance with the price listed on the Cemetery Operator's current price list. The Cemetery Operator does not prohibit the resale of interment rights and may repurchase the interment rights Irom the rights holder(s) if the Cemetery Operator so desires and may negotiate a purchase price so long as the seller acknowledges being aware of the Cemetery Operator's current price list amounts for interment rights. D. BURIAL Interment rights iolder(s) must provide written authorization prior to any burial or cremation taking place. Should the interment rights holder be deceased, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder i.e. Personal Representative, Estate Trustee, Executor or next of kin. A burial permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the cemetery office prior to a burial taking place. A Certificate of Cremation must be submitted to the cemetery office prior to the burial of cremated remains taking place. In accordance with the Act the purchaser of interment rights must enter into a cemetery contract, providing such information as may be required by the Cemetery Operator for the completion of the contract and the public register prior to each burial of human remains. Payment must be made to the cemetery before a burial can place. The cemetery shall be given 8 business hours of notice for each burial of human remains. The opening and closing of graves shall only be conducted by cemetery staff or those designated to do work on behalf of the cemetery. 203 Cremated remains are not permitted to be scattered on a grave. Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the Cemetery Operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health must be received at the cemetery office prior to the removal of casketed human remains. A certificate from the local medical officer of health is not required for the removal of cremated remains. Note: In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin(s). The Cemetery will permit multiple interments under the following limitations: Only one full burial per standard adult grave Two cremains in a cremation plot; Up to four cremains in a standard adult grave; Up to three cremains in a standard adult grave where there has already been a full body burial; Two cremains in a columbarium niche. When cremains are to be interred in a grave in which there is to be a full adult burial at a later date, cremains must be in an urn that will not decompose over time or an urn vault. The body of a deceased person must be buried/entombed in the receptacle that was used for transportation to the Cemetery such as a casket, container or receptacle. It shall be the responsibility of the funeral director/vault company to lower the remains into the grave. The Cemetery assumes no responsibility in the actual interment. Double depth interments will not be carried out due to the sandy soil conditions which present a safety hazard. In the case of pre-need arrangements already made, approval by the Director of Parks & Recreation Services is required before a double depth interment can take place. Interments on Statutory Holidays and interments after business hours are subject to an extra surcharge as set out in the Town Rates & Fees By-Law. E. MEMORIALIZATION No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. No monument, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the Cemetery Operator. Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear. The Cemetery Operator shall take reasonable precautions to protect the property of interment rights holders, but assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof. The Cemetery Operator shall not be held responsible for any damage sustained to the flower vases, wreath stands, low shrubs, or any submerged articles by employees of the Cemetery, where such damage may occur during the process of removing snow, ice, or frozen ground for the purposed of preparing a grave and the general maintenance of the Cemetery. The Cemetery Operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments. All foundations for monuments and markers shall be built by the Tillsonburg Cemetery at the expense of the interment rights holder according to the specifications as set out by the Cemetery Operator and under the supervision of the Cemetery Operator. All full depth foundations shall be constructed of solid concrete to a minimum depth of 5J-0" below the natural ground surface. All marker(s) will be installed by the Cemetery Operator in the appropriate location on the lot. All conventional monuments, except natural field stone, require a minimum six (6) inch base. The base/length of the monument shall not exceed two-thirds (2/3) the width of the plot on which the monument is erected, except in the case of a single lot where no upright monument will be allowed that exceeds two (2) foot, six (6) inches in overall width or thirty two (32) inchesin overall height 204 All diestones with columns, limbs of crosses, etc. Shall be adequately dowelled to their bases, unless the underside of each superstructure is of sufficient area in relation to its height to ensure stability. If incorrect dimensions have been given on the application form, the foundations will be removed and rebuilt by the Cemetery at the owner's expense. Foundations will not be installed during times of frost. Should any monument or marker present a risk to public safety because it has become unstable, the Cemetery Operator shall do whatever is deemed necessary by way of stabilizing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk. No monument, vault, or any other structure shall be erected or placed on any plot unless its design, size, lettering and specifications have been submitted to the Superintendent's office, and meet specifications set out within this by-law. No monument shall exceed sixteen (16) inches in thickness or two-thirds (2/3) of the lot. No upright monument will be allowed that exceeds two (2) foot, six (6) inches in base width or die height. Only monuments will be permitted in the monument line and all bases must be at least six (6) inches in height. The Cemetery Operator reserves the right 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 monument shall be erected only after the specific design plans have been approved by the Cemetery Operator including: dimensions, material of structure, construction details, and proposed location. In keeping with the cemetery by-laws only one monument shall be erected within the designated space on any lot One additional marker with a flat and low surface set flush with the ground may be placed at each grave in addition to any monument. Grave markers must be placed at the opposite end of the lot from the monument and are subject to the following restrictions: Only flat markers will be permitted for cremation and baby plots and must not exceed a size of twenty (20) by twelve (12) inches and set with a four (4) inch border of concrete, or three (3) inch granite margin and set flush with the ground. Each marker section shall not exceed: 14 inches by 24 inches for single grave 14 inches by 36 inches two graves; and 14 inches by 48 inches for three graves, and must be set with a four (4) inch border of concrete flush with the ground or a three (3) inch granite margin. Marker shall be no less than three (3) inches or more than five (5) inches in thickness. All corner posts shall have sawn sides and be a minimum of six (6) inches and are not to exceed twelve (12) inches square and are to be installed flush with the ground. Open urns intended as receptacles for flowers and forming an integral part of a monument are permitted, subject to prior approval of the Superintendent. The Cemetery assumes no responsibility for damage, theft or loss. When any monument or marker is to be removed for cleaning, inscription work, renovation, etc., application for permission for such removal shall be made beforehand in writing to the Operator and signed by the lot/monument owners and shall be removed and replaced during the regular hours of operation of the Cemetery and under Cemetery supervision. The Cemetery designates the following areas where restrictions on monuments shall apply: Divisions 2B, 2C and New Legion Section - Flat markers only Divisions 2A, 4 and 5 - Upright monuments only permitted in monument line. All monuments and markers shall be constructed of granite and/or bronze. Marble, ceramic or wood memorials are not permitted. No monument snail be delivered to the cemetery for installation until the monument foundation has been completed, and the interment rights holder(s) and/or marker retailer has notified theCQmgtgry Operator. 205 F. ITEMS THAT ARE PROHIBITED AND PERMITTED The Cemetery Operator reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all interment rights holders, visitors to the cemetery and cemetery employees, prevents the Cemetery Operator from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. Prohibited articles shall be removed and disposed of without notification, including all glassware or crockery. The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. The scattering of cremated remains is not permitted on a grave or within the cemetery. There shall be no discharge of firearms except at a military funeral. No dogs or other pets shall be permitted in the cemetery. Picnics shall not oe permitted within the cemetery. G. MONUMENT CONTRACTORS Every contractor employed to erect markers or do any work in the cemetery shall first present an application to the Cemetery Operator signed by the interment rights holder or his representative requesting permission to employ such contractor to do the work specified. The demeanor and behavior of all contractors employed by others in the cemetery shall be subject to the control of the Cemetery Operator. Contractors shall lay planks on the lots and paths over which heavy materials are to be moved in order to prevent damage to the grounds. Contractors shall cease work in the immediate vicinity of a funeral until the conclusion of the service. All work must be done during regular cemetery hours. No work shall be started on Saturday that cannot be completed and litter and debris removed by noon Saturday. The employee of any contractor who damages any plot, monument, marker or other structure or otherwise does any damage in the cemetery shall be held liable for such damage. H. ADMINISTRATION 1. This By-law may be cited as the "Cemeteries By-law". 2. That By-Law 3628 shall be repealed in its entirety. 3. This By-law shall come into force and effect upon the requisite notice provisions for this by-law being carried out in compliance with section 151 of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33. READ A FIRST AND SECOND TIME THIS 13™ DAY OF August, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 13TH DAY OF August, 2012 Mayof- John Lessif Clerk - Donna Wilson 206 STAFF REPORT CLERK Report Title: Local Government Week Report No.: CL 15-24 Author: Tricia Smith, Deputy Clerk Meeting Type: COUNCIL MEETING Council Date: SEPTEMBER 28, 2015 Attachments: RECOMMENDATION: THAT Council receives report CL 15-24 regarding Local Government Week as information. EXECUTIVE SUMMARY In 2008, Local Government Week was launched in partnership between the Province of Ontario, The Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and the Association of Municipalities of Ontario (AMO) “to celebrate the key role that local municipalities across the province play in helping to define the character, priorities, amenities and physical make-up of communities”. Ontario Municipalities have been encouraged as part of the Local Government Week program to provide opportunities, activities and events which shall engage youth, specifically that of Grade 5 and Grade 10 students and foster an interest in them for community leadership and stewardship. Such activities and events could include hosting a municipal education day or outreach program, poster contest, tours of municipal offices, a Mayor for the day contest, or holding a Council meeting during the day in order for local students to attend, etc. Resource guides have been developed by the partnering associations to provide valuable information to municipalities, teachers and educators which complement a range of curricular subjects including that of the Grade 5 Social Studies and Grade 10 History & Civics curriculum. As part of this year’s Local Government Week celebrations (October 14-24, 2015), the Town of Tillsonburg will be hosting a free one-day educational event at the Tillsonburg Community Centre for local Grade 5 students on Friday October 23rd, between 9 a.m. and 2:30 p.m.. Complimentary bussing will be provided on behalf of the Town and students will 207 have an opportunity to visit various informative and interactive displays to learn about the various services and programs offered in their community. Students will also have a chance to win fabulous door prizes during the event, and teachers can enter for a chance to win a free pizza party for their class for attending. At this time, we are anticipating between 150-200 students to attend and invitations and accompanying information packages were sent out in early September to teachers. At the September 15, 2015 meeting of the Senior Leadership Team it was decided that the Municipal Day event will be opened to the general public between the hours of 2:30 p.m. and 6 p.m. and that non-perishable food items shall be accepted as admission to the event for the local Food Bank. Members of Tillsonburg Town Council and Trustees from the Thames Valley District School Board and London & District Catholic School Board, staff from each of the departments for the Town of Tillsonburg and various servicing departments from Oxford County (i.e. Oxford EMS, Water & Waste Department, Oxford Public Health, etc.), along with that of partnering organizations (i.e. Annandale National Historic Site, Long Point Conservation Authority, Oxford Public Library, etc.) have been invited to participate in the Municipal Day event. IMPACT ON COMMUNITY STRATEGIC PLAN The event shall provide an opportunity for the Town to meet a public need, as outlined in Section 1 – Excellence of Local Government for proactive and effective communication between residents, Town staff and political leaders and promoting greater collaboration between various agencies and levels of government. FINANCIAL IMPACT/FUNDING SOURCE Funding for the Municipal Day event has been allocated in the 2015 annual operating budget under special event expenses. The funds are available as a result of unspent budget from the volunteer recognition event. Page 2 / 2 CAO 208 STAFF REPORT FINANCE Title: OILC Revised Debt By-Law Report No.: FIN 15-39 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee Date: SEPTEMBER 28, 2015 Attachments: By-Law 3954 OILC Comments from OILC RECOMMENDATION THAT Council receives report FIN 15-39 OILC Revised Debt By-Law as information. EXECUTIVE SUMMARY To provide Council with a revised OILC debt By-Law. BACKGROUND OILC provided comments as per the attachment and requested that the Town repeal debt By-Law 3944 and issue a new debt By-Law 3954 and standardize the wording in clause 6 (a) that OILC requires. FINANCIAL IMPACT/FUNDING SOURCE N/A. 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 Lower-tier Municipality falls to pay to OILC on account of the Obligations and to pay such amounts to OILC from the Consolidated Revenue Fund. 5.For the purposes of meeting the Obligations,the Lower-tier Municipality shall provide for raising in each year as part of the general lower-tier levy the amounts of principal and interest payable in each year under the Note and/or any outstanding Debenture,to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality. 6.(a)The Mayor and Clerk are hereby authorized to execute and deliver the Note,the Mayor and Clerk are hereby authorized to enter into,execute and deliver the Financing Agreement,one or more of Mayor and Clerk are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Lower-tier Municipality in order to perform the Obligations of the Lower- tier Municipality under the Financing Agreement and to execute and deliver the Note,and the Clerk is authorized to affix the Lower-tier Municipality’s municipal seal to any such documents and papers. (b)The money realized in respect of the Note and the Debentures,including any premium,and any earnings derived from the investment of that money after providing for the expenses related to the execution and delivery ofthe Note and to the issue of the Debentures by the Upper-tier Municipality,if any,shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 7.This By-law takes effect on the day of passing. ENACTED AN])PASSED this 14th day of September,A.D.2015. iAYOR —Stephen Molnar CLERK -Donna Wilson 243 The Corporation of the Town of Tillsonburg MEMORANDUM DATE: September 28, 2015 TO: Council FROM: Kevin De Leebeeck, P.Eng. Director of Operations SUBJECT: QUARTER TOWN LINE & CONCESSION STREET INTERSECTION BACKGROUND INFORMATION At the September 14th 2015 Regular Council meeting a request was made that historical data, background information and any previous petitions be provided at the next regularly scheduled Council meeting. The items listed below summarize the requested information: • Attachment 1 – 2008 All-Way Stop Warrant Analysis • Attachment 2 – 2014 OPP Collision Data • Attachment 3 – 2014 All-Way Stop Warrant Analysis • Attachment 4 – Tillsonburg Police Services Board Letter and accompanying petition 244 y Vehicle and Pedestrian Volume 245 246 247 248 249 Vehicle and Pedestrian Volume 250 251 252 253 254 STAFF REPORT RECREATION, CULTURE & PARKS Title: Storage for Tillsonburg Scout Association Report No.: RCP 15-42 Author: RICK COX Meeting Type: COUNCIL Council/Committee Date: SEPTEMBER 28, 2015 Attachments: Storage Location Sketch RECOMMENDATION THAT Council receives report RCP 15-42 – Storage for Tillsonburg Scout Association for information. EXECUTIVE SUMMARY Subsequent to a delegation by the Tillsonburg Scout Association in August, Council requested a report regarding use of a shipping container for storage of the Sea Scouts’ boats near Lake Lisgar. BACKGROUND Until the summer of 2014, Tillsonburg Sea Scouts were able to store their small sailboats and canoes inside Gibson House. As part of the Lake Lisgar Revitalization project, Gibson House was renovated to tidy it up and make it suitable for use as a meeting space available to all. The Sea Scouts were required to remove their boats and equipment from the upper level of Gibson House. The Sea Scouts have found the effort of trailering the boats to and from Lake Lisgar is substantial. They approached Council to request alternative storage near the Lake during the summer months, with the suggestion that placing a half-size shipping container near Summer Place might be a cost-effective solution. The use of shipping containers as storage is prohibited under the zoning by-law in that location. The Chief Building Official (CBO) has indicated that an accessory building would be permitted and could use a shipping container as a structural element. The result would have to pass building code and would have to look substantially different than just a shipping container. The Rowing Club has indicated their concern with the aesthetics of a shipping container, but are amenable to storage adjacent to their boat garage as long as their access is not affected. They are willing to allow the Sea Scouts’ boat trailer to be stored in their garage during the winter months as long as it is removed by April 1. RCP 15-42 - Storage for Tillsonburg Scou 1/2 255 The Lake Lisgar Revitalization Committee has indicated their objection to any new storage near Summer Place. They recommend the removal of the trees behind Gibson House so a new viewing deck can be built overlooking the lake with storage for the Sea Scouts’ boats underneath it. Estimates for the cost to acquire and deliver a 20’x10’ shipping container range from $1,000 to $2,500 depending on the condition and location of the container. Town Parks & Cemetery staff would be able to do the site preparation, but purchase and delivery of materials (gravel & armour stone) would be required, estimated at $750. The cost to disguise the container would depend on the methods used, but materials for two walls and a roof are estimated at $3,000-$5,000. Approval for the site plan and construction methods would be required from the Chief Building Official and from the Long Point Region Conservation Authority. CONSULTATION/COMMUNICATION The Chief Building Official, the Tillsonburg Rowing Club and the Lake Lisgar Revitalization Committee were asked for their opinion on the storage container near Summer Place. FINANCIAL IMPACT There is no impact on the 2015 budget. This project will be reviewed during the 2016 budget deliberations. The Tillsonburg Sea Scouts have very limited ability to assist with the costs but may be able to secure donations of supplies or labour from community groups. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A RCP 15-42 - Storage for Tillsonburg Scou 2/2 256 Driveway Extension New storage space location (10’x20’) 257 = 1. Call to Order The meeting was called to order at 3:26 p.m. 2. Adoption of Agenda Moved By: Mike Cerna Seconded By: Michael Kady THAT the Agenda as amended for the Committee meeting of June 3, 2015, be adopted. Carried. 3. Disclosure of Pecuniary Interest 4. Minutes from the Previous Meeting Moved By: Mike Cerna Seconded By: Michael Kady THAT the Minutes of the Committee meeting of April 1, 2015, be received. Carried. 5. General Business and Reports 5.1. Scooter Safety The Committee spoke about Scooter and pedestrian safety on sidewalks and public spaces. The Committee was asked to research material for public safety. 5.2. Tillsonburg Transportation Councillor Stephenson presented a brief overview of the Transportation Steering Committee’s actions over the past two months. Councillor Stephenson will invite the new Transportation Officer for the December 02, 2015 meeting. The Corporation of the Town of Tillsonburg Accessibility Advisory Committee Wednesday, June 3, 2015 3:30 p.m. Annex Boardroom 200 Broadway, Tillsonburg MINUTES 258 Council Meeting – Minutes - 2 - 5.3. Audio Traffic Signals Moved By: Mike Cerna Seconded By: Scot Richardson THAT the Accessibility Advisory Committee recommends Council requests staff to investigate the costs of Audio Traffic Signals in the Town of Tillsonburg, and that those costs be considered during the 2016 budget deliberations. Carried. 5.4. Federal & Provincial Grants There are currently no accessibility grants available from the federal and provincial grants. The Committee discussed submitting a grant application for Audio Traffic Signals when the opportunity arises. 6. Other Business 6.1. Introductions 6.2. Stonebridge Wheelchair Services 6.3. Town of Tillsonburg Website 7. Next meeting The next meeting of the Accessibility Advisory Committee will be September 9, 2015. 8. Adjournment Moved By: Mike Cerna Seconded By: Michael Kady THAT the June 3, 2015 meeting be adjourned at 4:15 p.m. Carried. 259 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution Moved By: Mike Cerna Seconded By: Michael Kadey THAT the Agenda for the Committee meeting of September 09, 2015, 2015, be adopted. 3. Disclosure of Pecuniary Interest There were no disclosures of pecuniary interest declared. 4. Minutes from the Previous Meeting Proposed Resolution Moved By: Michale Kadey Seconded By: Mike Cerna THAT the Minutes of the Committee meeting of June 3, 2015, as amended, be received. 5. General Business and Reports 5.1. Terms of Reference Tricia Smith, Deputy Clerk made mention that Council is currently requesting that Committees of Council review their Terms of Reference for the coming year. She will circulate a copy of the 2013-2014 Terms of Reference to the committee for review and comments can be received at the December 02, 2015 meeting of the Accessibility Advisory Committee. The Corporation of the Town of Tillsonburg Accessibility Advisory Committee September 9, 2015 3:30 p.m. Annex Boardroom 200 Broadway, Tillsonburg MINUTES 260 Council Meeting – Minutes - 2 - 6. Correspondence 6.1. Tricia made note that the Association of Municipal Clerks & Treasurers of Ontario (AMCTO) accepted nominations for Accessibility Champions as part of the AODA 10th Anniversary celebrations until August 28, 2015. The one-time award will recognize individuals who demonstrate leadership in accessibility and disability issues. Councillor Stephenson indicated that a new Awards Committee has been established by the Town of Tillsonburg. Under this new program, the Accessibility Advisory Committee is welcome to submit a nomination in recognition of an individual who has demonstrated an outstanding level of service in the assistance of a person with a disability. 6.2. The Oxford County Accessibility Advisory Committee has extended an invitation to Accessibility Advisory Committees within the County to attend an upcoming meeting on Thursday, October 15, 2015 at the County Administration Building. The meeting will include a presentation by Alfred Spencer, Executive Outreach Director from the Accessibility Directorate of Ontario, which will highlight the progress the province has taken towards the goal of a barrier-free Ontario by 2025. Attendees are also invited to share and celebrate their accessible success stories during the event. The registration deadline is September 15, 2015. 7. Other Business The Accessibility Advisory Committee would like to place a reminder in the minutes for the September 09, 2015 meeting regarding the resolution passed at the June 03, 2015 meeting which recommends Council requests staff to investigate the costs of Audio Traffic Signals in the Town of Tillsonburg, and that those costs be considered during the 2016 budget deliberations. 8. Next meeting The next meeting of the Accessibility Advisory Committee will be December 02, 2015. 9. Adjournment Proposed Resolution Moved By: Michael Kadey Seconded By: Mike Cerna THAT the September 09, 2015 meeting be adjourned at 4:35 p.m. 261 = 1. Call to Order 2. Adoption of Agenda Moved By: R. VanMaele Seconded By: V. Durston Proposed Resolution “THAT the Agenda as prepared for the Committee meeting of June 15, 2015 be adopted.” Carried 3. Disclosure of Pecuniary Interest – None Declared 4. Approval of previous minutes Moved By: N/A Seconded By: N/A Proposed Resolution THAT the minutes for the meeting be approved. 5. Presentations and Deputations - None 6. General Business and Reports New Business (a) Committee Orientation Clerk was not able to attend this meeting so staff reviewed the Terms of Reference. Clerk will attend next meeting to provide an in depth overview. (b) Elections for Chair, Vice-Chair and Secretary positions Election for Chair Moved By: Valerie Durston Seconded By: Richard VanMaele That Euclid Benoit be nominated for the chair position Carried The Corporation of the Town of Tillsonburg Airport Advisory Committee 15/06/2015 5:00PM Tillsonburg Regional Airport Board Room 244411 Airport Rd South-West Oxford MINUTES 262 Council Meeting – Agenda - 2 - Election for Vice-Chair Moved By: Euclid Benoit Seconded By: Valerie Durston That Jeremy Stockmans be nominated for the vice-chair position Carried Election for Secretary Moved By: Richard VanMaele Seconded By: Euclid Benoit That John Prno be nominated for the secretary position Carried (c) Airport Overview Staff provided an overview presentation of the airport expansion, strategic direction (2010 Feasibility Study) and Master Planning maps. More detailed information on the Master Plan update and process will be brought forward at a future meeting. Airport Tenant Policy Staff provided an overview of the draft tenant policy. This policy is being brought forward to assist Airport Management in establishing airport use guidelines and is in response to issues that have arisen in the past. If the rules aren’t established and communicated to tenants, it isn’t reasonable to expect tenants to act in a certain manner. It is hoped that the policy, once approved, will enable more proactive management of tenant issues.  Concern over vehicular traffic on active taxiways and vehicles blocking passage for aircraft.  Airport speed limits are thought to be 20 Km/h airside and 30 Km/h groundside. Can these signs be posted? Vehicles are not insured airside but at present there are no alternative routes to access hangars.  How is the airport policy going to be enforced? What powers do airport staff have to ensure compliance, especially for repeat violators?  All violations should be noted with a proper procedure for tracking and notifying offenders. Are fines possible?  Suggestion for Circuit procedures: could add “if no conflict” 263 Council Meeting – Agenda - 3 -  Needs to be better communication of planned events to all airport tenants to ensure that they are aware of the events and to assist with their own plans.  Special events should be requested in writing long before event date.  Request was made that cars not park close to CHAA Hangar One as that is airside and they often block the way for aircraft passing by. C. Panschow to circulate tenant policy to committee for further review with comments to be provided to the chair by June 26, 2015. Next steps include public consultation session for airport tenants/users once committee finalizes it and then brought forward to Council for approval. Chair may need to meet with larger tenants to discuss issues that have arisen in past and reasons for the policy. 7. Correspondence 8. Other Business Round table:  The trees at end of runway 26 are getting taller and are starting to be a concern. Can anything be done to reduce the displaced threshold? Staff to bring in map for next meeting to show possible tree cutting and where the displaced thresholds would be.  When will threshold 02 be fixed and has farmer been talked to about damages created by his equipment; staff advised that they have been working hard to try and get threshold 02 back in order but there has been too much rain to fix it properly. Also the farmer has been notified in writing about where he cannot drive.  Discussion on grass cutting and equipment available to staff; members agreed that equipment is inadequate for amount of grass to be cut. More information on options for outsourcing or new equipment should be brought forward.  Mayor Molnar indicated that he was very supportive of the Airport Advisory Committee being re-instated as the Airport is an important community asset that serves a wide region. He thanked members for demonstrating skill sets and their time and efforts.  Staff inquired as to thoughts on painting directional arrows on the apron to assist with aircraft movement around and to the fuelling area. Committee’s thoughts were that arrows would not be appropriate as aircraft will approach pump differently depending on wind direction. Perhaps painted lines are an option. Staff will investigate Transport Canada regulations for approved measurements. 264 Council Meeting – Agenda - 4 - 9. Next meeting Thursday, July 2 2015 at 5:00PM 10. Adjournment Moved By: E. Benoit Proposed Resolution THAT the meeting be adjourned at 6:30 PM. 265 = Attendance: Henry Atkinson, Euclid Benoit, Andre Brisson, Valerie Durston, Geoffrey Lee, Rick Lee, John Prno, Donna Scanlan, Jeremy Stockmans, Chris Rosehart, Richard Van Maele Staff: Cephas Panschow, Annette Murray, Donna Wilson (departed at 5:35 pm) 1. Call to Order The meeting was called to order by Chair Benoit at 5:00 pm. John Prno acted as Secretary for the meeting. 2. Adoption of Agenda Moved By: Richard Van Maele Seconded By: Andre Brisson Proposed Resolution THAT the Agenda as prepared for the Committee meeting of July 2, 2015, be adopted. Carried 3. Disclosure of Pecuniary Interest None Declared 4. Approval of previous minutes Moved By: Richard Van Maele Seconded By: Geoffrey Lee Proposed Resolution THAT the minutes for the June 15, 2015 meeting be approved. Carried 5. Presentations and Deputations Donna Wilson, Town Clerk, provided an orientation to the Advisory Committee, including: the role of the committee, role of staff, meeting structure, minutes, terms of reference, and process for establishing subcommittees. She noted the specific need for the committee to add term goals to the terms of reference. Questions asked and answered. The Corporation of the Town of Tillsonburg Airport Advisory Committee 02/07/2015 5:00 pm Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford Minutes 266 Committee Meeting – Minutes - 2 - 6. General Business and Reports a) Business Arising from the Minutes i) Airport Tenant Policy The proposed Airport Tenant Policy draft was reviewed in detail and changes made. With the goal being that everyone at the Airport should feel the rules belong to them, the draft will be distributed to all tenants with comments encouraged by e-mail. Committee members will meet personally with the Airport-based commercial tenants and organizations to solicit their comments. The section on enforcing infractions to the Policy is still a work in progress, and Staff were directed to conduct additional research with other airports and Transport Canada on available means of enforcement. Moved By: Jeremy Stockmans Seconded By: Andre Brisson Proposed Resolution THAT a clean draft of the Airport Tenant Policy be distributed to all tenants on the airport for their review with comments to be received by July 20, 2015. Carried Moved By: Jeremy Stockmans Seconded By: Geoffrey Lee Proposed Resolution THAT the Chair and Vice Chair present the draft Airport Tenant Policy to commercial tenants and organizations and encourage their comments by July 20, 2015. Carried b) New Business i) Master Plan Overview As the remaining meeting time was limited, it was proposed that a subcommittee review the Airport Master Plan and provide input back to the Committee. Moved By: Jeremy Stockmans Seconded By: Geoffrey Lee Proposed Resolution THAT a subcommittee be formed to review the Airport Master Plan and report back to the Advisory Committee on suggested next steps. Defeated 267 Committee Meeting – Minutes - 3 - Lengthy discussion took place and it was determined that a special meeting of the Committee would take place on Tuesday, July 21, 2015 to allow a full review and discussion by the entire committee. Staff will circulate the Master Plan report to the entire committee for review well in advance of the meeting date. 7. Correspondence None 8. Other Business None 9. Next meeting Tuesday, July 21, 2015 at 5:00 pm 10. Adjournment Moved By: Andre Brisson Proposed Resolution THAT the July 2, 2015 meeting be adjourned at 7:50 pm. 268 = Attendance: Henry Atkinson, Euclid Benoit (by Facetime Video), Andre Brisson, Valerie Durston, Mel Getty, Geoffrey Lee, Rick Lee (from 5:05 pm), John Prno, Donna Scanlan, Jeremy Stockmans, Chris Rosehart, Richard Van Maele Staff: Cephas Panschow, Annette Murray 1. Call to Order As Chair Euclid was attending by teleconference, the meeting was called to order by Vice Chair Stockmans at 5:00 pm. John Prno acted as Secretary for the meeting. 2. Adoption of Agenda Moved By: Richard Van Maele Seconded By: Henry Atkinson Proposed Resolution THAT the Agenda as prepared for the Committee meeting of July 21, 2015, be adopted. Carried 3. Disclosure of Pecuniary Interest None Declared 4. Approval of previous minutes Moved By: Andre Brisson Seconded By: Richard Van Maele Proposed Resolution THAT the minutes for the July 2, 2015 meeting be approved. Carried 5. Presentations and Deputations In preparation for the discussion under General Business, Annette Murray and Cephas Paschow provided a comprehensive powerpoint presentation summarizing the history of the Airport Master Planning Process and the proposed report to Council . The Corporation of the Town of Tillsonburg Airport Advisory Committee 21/07/2015 5:00 pm Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford Minutes 269 Committee Meeting – Minutes - 2 - 6. General Business and Reports a) Business Arising from the Minutes i) Master Plan Review A lengthy discussion took place around the various elements of the Master Plan and proposed consultation process. Numerous questions were asked and answered, including potential sources of funding for the proposed Airport improvements. Clarification was received that the original Title from the sale of the Airport Property to the Town by Transport Canada, required proceeds from the sale of surplus Airport land to be returned to Airport use. The Committee thanked Staff for the information presented. Moved By: John Prno Seconded By: Andre Brisson Proposed Resolution THAT the Airport Advisory Committee supports in principle, the Master Plan Update Process referenced in Report DCS-15-31, and that the conceptual drawings attached be used as the basis for the Master Plan Update Public Consultation Process. Carried 7. Correspondence None 8. Other Business None 9. Next meeting Thursday, September 10, 2015 at 7:00 pm 10. Adjournment Moved By: Mel Getty Proposed Resolution THAT the July 21, 2015 meeting be adjourned at 6:20 pm. 270 = Attendance: Mayor Stephen Molnar, Councillor Brian Stephenson, Mary Anne VanGeertruyde, Sam Lamb, Ann Loker Staff: Donna Wilson (for Agenda Item 4), Lana Lund 1. Call to Order – 1:00pm 2. Adoption of Agenda Moved By: B. Stephenson Seconded By: A. Loker Proposed Resolution THAT the Agenda as prepared for the Committee meeting of August 5, 2015, be adopted. ‘Carried’ 3. Disclosure of Pecuniary Interest None 4. Presentations and Deputations i) Committee Orientation and Terms of Reference, presented by Town Clerk The Clerk provided a Committee Orientation and reviewed the Terms of Reference document provided, along with other relevant information. A binder containing these documents and other information was provided to the Secretary. The Clerk reminded members that Committee meetings are open meetings, and if names/personal information are being discussed, that should be done in closed session. The Minutes would reflect that. ii) Election of Officers – Chair and Vice Chair Mayor Molnar nominated Ann Loker for the position of Chair. There were no further nominations. All were in favour of the nomination. The Corporation of the Town of Tillsonburg Special Awards Committee August 5, 2015 1:00pm Annex Board Room, Corporate Office 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 271 Council Meeting – Agenda - 2 - The Chair of the Special Awards Committee is Ann Loker. Mary Anne VanGeertruyde nominated Brian Stephenson for the position of Vice Chair. There were no further nominations. All were in favour of the nomination. The Vice Chair of the Special Awards Committee is Brian Stephenson. Lana Lund was appointed Secretary for the Special Awards Committee, and will carry out the staff role as well. 5. General Business and Reports i) Volunteer Service Recognition Program a) Administrative Policy b) Nomination Form October is the target for the first Volunteer Recognition presentation. The intent of this program is to recognize 1 or 2 volunteers each month. There are a number of ‘Volunteer Award’ pins still available for use. The Secretary to speak with Colleen Pepper about designing a new certificate, 8 ½ x 11 inches, that can be easily framed. The ‘otter’ to be used at this time, until a new official logo is adopted by Council. The cost of certificates, frames, etc. to be added to the 2016 Budget. B. Stephenson also suggested gifts or gift certificates for individuals being recognized. Discussion was held about how and where to display awards, i.e. monthly awards, Citizen of the Year(Chamber), Business of the Year(Chamber), etc. Perhaps Glendale High School students could build a display case. To be discussed further at a future meeting. The Chair provided a copy of the Northwest Territories’ brochure & application form used for volunteer recognition. The Secretary to speak with Colleen Pepper about modifying the brochure and application form, incorporating Tillsonburg’s information and the new branding. 272 Council Meeting – Agenda - 3 - Discussion was held about how to encourage and facilitate nominations for monthly awards. B. Stephenson suggested approaching service clubs and other groups to nominate individuals. Mayor Molnar clarified the approval process for nominations. Nominations brought before this Committee are recommendations, and will be reviewed and approved, or denied, by this Committee. Circulation of an email to members of Council and Senior Management advising of approved nominations was suggested, prior to public recognition. The Chair suggested a sign-off from nominees and nominators, for privacy reasons. The Secretary to follow-up with the Clerk to clarify if these sign-offs should be a requirement. 6. Next meeting – Wednesday, September 16, 2015 @ 3:00pm in the Annex Board Room, Corporate Office Regular meetings to be scheduled the 3rd Wednesday each month at 3:00pm in the Corporate Office. FOR NEXT MEETING:  Each Committee member to bring forward at least one nomination  The current Nomination Form  The Clerk’s response to privacy concerns/requirements  An up-to-date list of service clubs and contacts  List of previous nominations/recognitions  The Secretary to prepare a list of names and contacts for this group 7. Adjournment Moved By: M. VanGeertruyde Proposed Resolution THAT the August 5, 2015 meeting be adjourned at 2:16pm. 273 Page | 1 TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE MINUTES DATE: Tuesday, August 11, 2015 TIME: 7:30 AM LOCATION: 10 Lisgar Ave – Board Room, Customer Service Centre Committee Members in Attendance: Mike Bossy, Andrew Burns, Lisa Gilvesy, Councillor Jim Hayes, Kirby Heckford, Mayor Stephen Molnar, Ashton Nembhard, Steve Spanjers, Randy Thornton (Departed 8:30 AM), Staff Present: Cephas Panschow Regrets: David Calder, Jesse Goossens, Scott McLean, Cedric Tomico, John Veldman Melissa Verspeeten 1) Call to Order Meeting was called to order at 7:30 AM. 2) Adoption of Agenda A. Burns – 1st R. Thornton – 2nd “Carried” 3) Disclosure of Pecuniary Interest None CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 274 Page | 2 4) Adoption of Minutes of May 12, 2015 J.Hayes – 1st L.Gilvesy – 2nd “That the Minutes of June 9, 2015 be approved.” “Carried” 5) Business Arising from the Minutes: a) Comments from Development Committee on Recreation, Culture & Parks Planning Items i) Official Plan Section 8.6 Leisure Resources ii) Parkland Dedication Policy/By-Law A. Nembhard circulated a summary review of the Parkland dedication bylaw and raised the question as to whether this bylaw is unduly adding to the costs of complexity companies face when evaluating development projects. Discussion regarding applicability of this requirement for industrial development versus residential or commercial development as often this requirement is taken care of by the subdivision developer and not the individual developments within an industrial subdivision. Discussion regarding who within the Town is responsible for reviewing and streamlining development review processes. Is there a formal review process after each approval/project is completed? It was confirmed that there is no one person responsible for this at this time. Chair to provide an example of a template that could be used. Staff to look into how this was handled with the Highway 3 Business Park Plan of Subdivision and report back. Staff to provide analysis to Recreation, Culture & Parks Department for review. 6) Standing Items a) Community Strategic Plan Tricia Smith has been hired to fill this position and she will take on responsibilities for Community Strategic Plan reporting. b) Post-Secondary Education A draft summary of the Education and Workforce Survey was provided with advice to:  Look at the needs identified by specific companies in case there are any items to be addressed immediately;  Contact Marwood re their plans to open training facilities to wider public;  Identify any key employers that did not respond to the survey and consider contacting directly; CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 275 Page | 3  Try to increase responses from agriculture related companies  Provide summary of question 14 (other comments) Mayor agreed to circulate Town’s education delegation request to Minister at Association of Municipalities of Ontario (AMO) conference. c) Tillsonburg Hydro Inc – Annual General Meeting (AGM) Two positions are being advertised currently with one being a replacement and the other being a new Business Analyst position. 7) New Business None. 8) Economic Development Update Development Commissioner provided second quarter report summary. New businesses, website activity and corporate visits are tracking above targets while lead files and file management are tracking below targets. Two industrial properties that had been on the market for a number of years have now been purchased by an investment group and more information will be available in the future. Clarification regarding website and branding projects. These are both running concurrently with the website being focused on clear and concise communication to the public with increased usability while the branding project is about how the Town looks when it communicates internally and externally. Branding is more than just a logo/tag line, it is also about the brand promise and how any company fulfills its promises to its customers. 253 Broadway Update - Committee advised that investor has retained architectural, planning, and engineering services and are working with Town staff to obtain approvals in advance of the end of May conditional date. Update on Town’s online targeted marketing campaign was provided. Town has purchased 1 million impressions and 189,398 have been received to date. The click through rate for the Town’s campaign has been higher than the industry average for the first 3 months of the campaign. Suggestion to add in following key words:  Agricultural (agribusiness?), wind energy, start your business, warehousing Also, consider temporarily changing campaign to push residential marketing (Discover Tillsonburg website) due to slowdown in housing starts in Q2. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 276 Page | 4 9) Liaison Updates a) Departmental Reports None. b) Tillsonburg District Chamber of Commerce No update. c) Downtown Business Improvement Association No update. d) Tillsonburg District Real Estate Board Melissa Verspeeten is being replaced by Lindsay Morgan as the board representative and this was approved by Council on August 10, 2015. e) Physician Recruitment - Dr. Gerry Rowland @ 8:15am Committee is active and trying to raise the concern about Tillsonburg not being designated underserviced due to improper boundaries of the area being served by the hospital. 9) Roundtable Suggest follow up on other recent investments (Saffire Blue). 10) Date of Next meeting – Tuesday, September 8, 2015 @ 7:30 AM 11) Adjournment K. Heckford moved that the meeting be adjourned at 9:13 AM. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 277 = Attendance: Mayor Stephen Molnar, Councillor Penny Esseltine, Marty Klein, Rick Strouth, John Veldman, Andrew Gilvesy Staff: Rick Cox, for David Calder, Donna Wilson (for Agenda Item 4), Lana Lund Regrets: David Calder 1. Call to Order 2. Adoption of Agenda Moved By: Marty Klein Seconded By: John Veldman Proposed Resolution THAT the Agenda as prepared for the Committee meeting of July 15, 2015, be adopted. ‘Carried’ 3. Disclosure of Pecuniary Interest None 4. Presentations and Deputations i) Committee Orientation and Terms of Reference , presented by Town Clerk The Clerk provided a Committee Orientation and reviewed the Terms of Reference document provided, along with other relevant information. A binder containing these documents and other information was provided to the Secretary. The Clerk reminded members that Committee meetings are open meetings, and if confidential or personal information is being discussed, that should be done in closed session. The Minutes would reflect that. ii) Election of Officers - Chair and Vice Chair Mayor Molnar nominated Marty Klein for the position of Chair. The Corporation of the Town of Tillsonburg Town Hall Project Steering Committee July 15, 2015 4:00pm Annex Board Room, Corporate Office 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 278 Council Meeting – Agenda - 2 - There were no further nominations. All were in favour of the nomination. The Chair of the Town Hall Project Steering Committee is Marty Klein. Marty Klein nominated Andrew Gilvesy for the position of Vice Chair. There were no further nominations. All were in favour of the nomination. The Vice Chair of the Town Hall Project Steering Committee is Andrew Gilvesy. Lana Lund was appointed Secretary for the Town Hall Project Steering Committee. 5. General Business and Reports i) Report CAO 15-11, containing recommendation a) Correspondence from TVDSB, dated June 8, 2015 Moved by P. Esseltine Seconded by J. Veldman THAT Committee move into Closed Session. ‘Carried' Committee moved back into Open Session. b) By-Law 3852 – To Designate Property Provided as information. Discussion was held regarding a space needs study. This to be an Agenda item for the next meeting. Also for future discussion and consideration:  Potential uses need to be identified  Financial costs – what the Town is currently paying  Town Hall and the social aspect associated with a market square. Perhaps a visionary exercise.  Growth rates (Hemson report)  Timing of current space (2018) 279 Council Meeting – Agenda - 3 - 6. Next meeting - To be determined. Members to be polled and notice provided by Chair/Secretary. FOR NEXT MEETING:  Add ‘Round Table’ for future Agendas  Remembrance Day – Discuss appropriate space, as identified by Councillor Esseltine  Background information to be provided, i.e. report regarding renovation of the Town Centre Mall, 5 years ago  Downtown Design Study – copies for Committee members 7. Adjournment Moved By: J. Veldman Proposed Resolution THAT the July 15, 2015 meeting be adjourned at 5:03. 280 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3946 A BY-LAW to amend By-Law 3640, to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and in particular, governing rights, entitlements and restrictions with respect to interment rights, in accordance with the Funeral, Burial and Cremation Services Act, 2002, s.o. 2002, c.33. WHEREAS section 48(2) of the Funeral, Burial and Cremation Services Act, 2002, s.o. 2002, c.33 provides internment rights holders and the relatives of any person whose remains are interred in a cemetery the right to decorate the lot in which the remains are interred if the decorations do not contravene the cemetery by-laws; and WHEREAS the Council for the Corporation of the Town of Tillsonburg deems it necessary and expedient to amend By-Law 3640 to include regulations pertaining to decorating cemetery lots; and. NOW THEREFORE the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. That By-Law 3640 – Section A be amended to include the definition of “Lot Decoration” to read “the installation of a flowerbed, or placing of ornaments, figurines or embellishments on a cemetery lot, which may include but is not limited to: artificial wreaths, flower stands, fresh cut flowers, flowering or other plants, potted plants, solar lights, vases, and urns”. 2. That the following provisions be removed from Section F and added to Section B: a. There shall be no discharge of firearms at a military funeral b. No dogs or other pets shall be permitted in the cemetery c. Picnics shall not be permitted within the cemetery. 3. That Section F be amended to read: “F. CEMETERY LOT DECORATIONS The Cemetery Operator reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all internment rights holders, visitors to the cemetery and cemetery employees, prevents the Cemetery Operator from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. Prohibited articles shall be removed and disposed of without notification. Loose stones, articles of glass or pottery, or any other material that may create a hazard to visitors or cemetery employees are not permitted within the cemetery. Lot decorations of one internment rights holder must not infringe upon the property of another internment rights holder. The Town of Tillsonburg through cemetery personnel, reserves the right to remove flowers, potted plants, wreaths, baskets or flowers when they become withered, unsightly or are out of season. The Town of Tillsonburg shall not be responsible for any damage to lots, structures or objects therein or flowers or articles removed from a gravesite, except for damage shown to be caused by a cemetery employee. All lot decorations are the sole responsibility of the lot internment rights holder. Artificial Wreaths: Artificial wreaths or monument saddles shall be fastened to the monument or mounted on a separate stand anchored to the ground and may be placed and remain on the gravesite from November 1st to April 15th of the following year. No plastic or any other type of covering is permitted. 281 All artificial decorations remaining after April 15th will be considered abandoned and will be removed by cemetery staff. The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. Flower Beds: Flower beds shall be no larger than 15 inches in depth and not exceed the length of the base of the monument. Planting shall be allowed in front of the monument only. Flowerbeds or planting in the ground is not permitted on flat marker lots. Borders on flowerbed gardens can be utilized to separate the flowerbed from the surrounding grass area and can be made of pre-formed concrete, heavy grade plastic, rubber or granite. Flowerbeds are required to be cleared of tender plants by September 30th. Interment rights holders wanting to take any plant away should do so before their removal is necessary. Fresh Cut Flowers: Fresh cut flowers are allowed on all lots. They must be placed in a non-breakable metal or plastic container. Vases, urns or flower stands on lots that are not filled with flowers by June 20th in any year, may be removed from the lot by cemetery personnel. Placing loose gladioli on grave site for Decoration Day (the 3rd Sunday in August) is allowed. Loose flowers placed for Decoration Day that have not been picked up by the internment rights holder within the week will be removed by cemetery personnel. For columbaria, floral tributes will be allowed in bud vases that are approved by the Tillsonburg Cemetery and that are attached to the columbarium niche. Other floral tributes are allowed at the time of inurnment and on Decoration Day. Flowers and wreaths placed against or near any part of the columbaria that are liable to stain or deface the structure will be removed. Potted Plants: Potted plants shall be placed on the top of the ground as close to the monument as possible and are required to be removed from the lot by September 30th or will be taken away by cemetery personnel. Shrubs: No bushes, shrubs or trees are allowed on cemetery lots with the exception of those already in place at the time this by-law was approved. Trees & Plantings: All landscaping and planting of trees in the cemetery is the responsibility of Tillsonburg Cemetery personnel. For information about the Memorial Tree & Bench Program, contact the Cemetery office at (519) 688-3009, ext. 5230”. 4. THAT By-Law 3640 passed by the Council of the Corporation of the Town of Tillsonburg on August 13, 2012 shall be hereby amended. 5. THAT all amendments to By-Law 3640 must include proper notice as per the Funeral, Burial, and Cremation Services Act 2002, Ontario Regulation 30/11, Section 151 Re: Cemetery By-Laws. 6. THAT Cemetery by-laws and by-law amendments are subject to the approval of the Registrar, Ministry of Consumer Services. 7. THAT THIS By-Law shall come into force and effect upon the receipt of endorsement from the Registrar, Ministry of Consumer Services; and final passing thereof. 282 READ A FIRST AND SECOND TIME THIS 28th DAY OF September, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF September, 2015. ________________________ Deputy Mayor – Dave Beres ________________________ Town Clerk – Donna Wilson 283 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3947 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘SC-20’ the zone symbol of the lands so designated ‘SC-20’ on Schedule “A” attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: “14.5.20 LOCATION: EAST SIDE OF BROADWAY, LOTS 85G & 85H, PLAN 500, SC-20 (Key Map 9) 14.5.20.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-20 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 14.1; a liquidation retail outlet. 14.5.20.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-20 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.20.2.1 For the purposes of this subsection, a “liquidation retail outlet” means any building or part of a building in which clothing, footwear, furniture, household appliances, kitchenware, jewellery, linens, luggage and purses are offered for sale. 14.5.20.3 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 284 The Corporation of the Town of Tillsonburg By-law Number 3947 Page 2 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 28th day of September, 2015. READ a third time and finally passed this 28th day of September, 2015. Deputy Mayor – Dave Beres Town Clerk – Donna Wilson 285 L O T 8 5 H L O T 8 5 G P L A N 5 0 0 B R O A D W A Y S T R E E T S C H EDU L E "A" LOTS 85G AND 85H, PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO SC-20 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2015 5 0 5 10 152.5 METRES TO BY-LAW No. © 286 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3948 A BY-LAW to authorize the Issuance of Debt. WHEREAS the Municipal Act, 2001 Section 401 (1) provides that subject to this or any other Act, a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures through the County of Oxford and prescribed financial instruments for or in relation to the debt; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has authorized the purposes (individually a "Project") as set out in Schedule "A" attached thereto and desires to issue debt through the County of Oxford for the Project in the respective amount specified in Schedule "A; AND WHEREAS before authorizing the Project and before authorizing any additional cost amounts and any additional debt authorities in respect thereof, the Treasurer of the Corporation of the Town of Tillsonburg updated its most recent annual debt and financial obligation received from the Ministry of Municipal Affairs and Housing in accordance with Ontario Regulation 403/02, and determined that the estimated annual amount payable in respect of the Project and the issuance of additional debentures would not cause the Corporation to exceed the updated limit; AND WHEREAS it is expected that the approved financing through a financial institution or County of Oxford will occur in Q4 2015; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT certain works as set out in Schedule "A" hereto attached are hereby authorized up to a maximum cost of $69,550. 2. THAT Schedule "A" attached hereto is hereby declared to be a part of this By-Law as if written and incorporated herein. 3. THAT there shall be raised in each year in which an installment comes due by a rate on all applicable property in the Town of Tillsonburg a specific amount sufficient to pay the said installment when and as it becomes due, but no greater rate shall be levied in any year for such purposes, than is required to pay the installment. Such amount may be reduced by receipts from other sources in respect to the said works. 4. THIS By-Law shall come into full force and effect on the date of enactment. READ A FIRST AND SECOND TIME THIS 28th DAY OF SEPTEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF SEPTEMBER, 2015. _______________________ Deputy Mayor – Dave Beres _______________________ Town Clerk - Donna Wilson 287 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3948 SCHEDULE A Project Description Debt to be Issued Finance Health Club Equipment $69,550 288 L E A S E (AIRPORT – LAND LEASE FOR HANGAR) Made this __th day of September, 2015. B E T W E E N THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the “Lessor”) - and - Mark Kniss (hereinafter referred to as the “Lessee”) WHEREAS The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the “Property”) in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the “Airport”), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 60 feet wide by 80 feet long comprising of approximately 4,800 square feet as marked on Schedule “A” (the “Premises”) to construct a new aircraft hangar (the Hangar”). The lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the “Base Rent”): For every year of the Term, the total sum of $1,392 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2015 and every 1st day of January thereafter. The Parties further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional Rent”) whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: (a) To pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; 289 2 (b) To pay $100.00 annually as Additional Rent for such expenses incurred by the Lessor for the maintenance and servicing to the Airport. The Parties further agree that this amount may, in the Lessor’s sole and absolute discretion, be increased annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada or its successor organization, for the previous calendar year. The Parties agree that all increases in the Additional Rent by the Consumer Price Index shall be cumulative; and, (c) To pay for or provide servicing and maintaining the Premises and the Hangar and shall include the following: (i) All utilities and services including, but not limited to, electricity, water, sewage, natural gas and/or propane. The Lessee acknowledges that connection fees for utilities and services are entirely at the Lessee’s cost. Further, the Lessee acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Lessor to provide connections, utilities and/or services to the Premises or that the services and/or utilities can be extended to the Premises; (ii) Snow removal and landscaping on the Premises including cutting the grass and weed control within one (1) metre of the Premises, if applicable; and, (iii) All repair, service and maintenance to the Hangar including reasonable wear and tear; (iv) To pay a one-time airport infrastructure fee of $500; and, (v) To pay an additional one-time fee of $1,000 towards the extension of the taxiway to service the hangar. With the exception of the above fees, the Lessor agrees that it is responsible for all costs related to the extension of the existing taxiway. The Lessee agrees that the extension shall be constructed in accordance with the Lessor’s budget process and at the Lessor’s timing, in their sole and absolute discretion. Further, the Lessee agrees that they will make their own temporary arrangements in terms of accessing the existing taxiway. (5) The Lessee hereby agrees to indemnify and protect the Lessor from any liability accruing to the Lessor in respect of the expenses payable by the Lessee as provided for herein; (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 2 (2). (7) All payments to be made by the Lessee pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Lessor and shall be delivered to the Lessor at the Lessor’s address for service set out in Section 14 or to such other place as the Lessor may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Lessor for expenses incurred which should have been paid by the Lessee shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Lessor’s bank plus two (2) per cent. (9) The Lessee acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Lessor in writing and no partial payment by the Lessee which is accepted by the Lessor shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Lessor’s right to recover any Rent owing. 3. TERMS AND POSSESSION (1) The Lessee shall have possession of the Premises for a period of twenty years (the “Term”), commencing on the 1st day of October, 2015 and ending on the 31st day of December, 2035. (3) Subject to the Lessor’s rights under this Lease, and as long as the Lessee is in good standing, the Lessor covenants that the Lessee shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the Lessor or any other person or persons lawfully claiming through the Lessor. 4. ASSIGNMENT (1) The Lessee shall not assign this Lease or sublet the whole or any part of the Premises unless they first obtain the consent of the Lessor in writing, which consent shall not unreasonably be withheld and provided the sub-lessee and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Lessee hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Lessee to assign this Lease or sublet the Premises without the Lessor’s consent. Lessor’s Initials __________ Lessee’s Initials __________ 290 3 (2) The consent of the Lessor to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee’s interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Contravene the tenant policy as established by the Lessor from time to time; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Articles 5(2)(e) or as a result of the septic bed system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport who are acting reasonably; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Lessor of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Lessor, in their sole and absolute discretion and such approval not to be unreasonably withheld; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee’s contractors, employees, agents, customers and invitees; and, (j) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. Lessor’s Initials __________ Lessee’s Initials __________ 291 4 (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to construct and maintain one (1) aircraft hangar on the Premises as follows: (a) The dimensions of the Hangar shall be 60 feet by 80 feet for a total of 4,800 feet; (b) The style of the Hangar shall be either a pole barn style building or a metal frame building; (c) The siding, siding colour, roof colour and height of the building will be maintained in accordance with current Airport standards as approved by the Lessor; (d) Any construction and or renovation shall comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of South West Oxford and any federal or provincial statutes, rules or regulations; (e) Prior to the commencement of construction, the Lessee shall submit, at its sole cost, a site plan and drainage/grading plan which includes, but not limited to, the information required in this article 5(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Lessor; (f) The Lessee agrees to maintain the lot grading during construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Property, Lessor and the Township of South-West Oxford, as approved by the Lessor, in their sole and absolute discretion, and at the sole cost of the Lessee; (e) Obtain all necessary permits, as applicable, at the expense of the Lessee; and, (f) The Lessee shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Lessor responsible for any such costs. (6) The Lessor acknowledges that it has granted access to the Lessee for the Lessee to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Lessor hereby grants to the Lessee, its successors and assigns, free and uninterrupted access in, over, upon, across or through the hangar apron area, defined as sixteen point five (16.25) metres at the front and rear of the Hangar. The Lessor grants to the Lessee the right to enter upon the hangar apron area at all times and to pass and repass thereon as may be required by the Lessee, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable, in the sole and absolute discretion of the Lessor, surface treatment to the hangar apron. Any cost of installing, removing, maintaining, replacing and/or reconstructing the hangar apron shall be at the sole expense of the Lessee without contribution of the Lessor. The Lessee covenants that it shall not conduct such work to the hangar apron without first obtaining the consent of the Lessee and such consent shall not be unreasonably withheld. The Lessee hereby releases the Lessor from any and every claim which may or might arise out of the proper exercise by the Lessee of any of the rights granted herein. 6. REPAIR AND MAINTENANCE (1) The Lessee covenants that during the term of this Lease and any renewal thereof the Lessee shall keep the Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Lessee shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Lessor’s, or its agents, contractors and employees, negligence and/or intentional actions, at no time is the Lessor responsible for any repairs or damage to the Hangar and/or Premises. (2) The Lessee shall permit the Lessor or a person authorized by the Lessor to enter the Premises to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Lessee by or on behalf of the Lessor and the Lessee shall make the necessary repairs within the time specified in the notice; and, Lessor’s Initials __________ Lessee’s Initials __________ 292 5 (b) if the Lessee refuses or neglects to keep the Premises in good repair the Lessor may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Lessee for any loss, damage or inconvenience to the Lessee in connection with the Lessor’s entry and repairs. If the Lessor makes such repairs the Lessee shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Lessee agrees to surrender peaceably the Premises to the Lessor in a state of good repair and subject to the conditions contained in this Article 6(3) may remove the Hangar provided the Lessee places the Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Lessee is in arrears of any rent whatsoever the Lessee agrees that the Lessor shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Lessee until the lien is paid in full with all accrued interest and legal fees. (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee’s use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee’s use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee’s business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Lessor’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor’s property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (6) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. Lessor’s Initials __________ Lessee’s Initials __________ 293 6 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Lessee shall carry insurance in his own name insuring against the risk of damage to the Lessee’s property and the Hangar within the Premises caused by fire or other perils. (3) The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Premises and Lessee’s occupation of the Premises. (4) All insurance policies in this Section 8 including this Article shall name the Lessor, where applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement. (5) Upon demand of the Lessor, the Lessee shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Lessor. If any policy of insurance is canceled the Lessee shall inform the Lessor without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 8. 9. ACTS OF DEFAULT AND LESSOR’S REMEDIES (1) An Act of Default has occurred when: (a) The Lessee has failed to pay Rent for a period of 45 consecutive days from the date that payment has been requested by the Lessor; (b) The Lessee has breached his covenants or failed to perform any of his obligations under this lease for a period of 45 consecutive days plus: (i) The Lessor has given ten (10) days notice specifying the nature of the default and the steps required to correct it; and, (ii) The Lessee has failed to correct the default as required by the notice; (c) The Lessee has: (i) Become bankrupt or insolvent or made an assignment for the benefit of creditors; (ii) Had its property seized or attached in satisfaction of a judgment; (iii) Had a receiver appointed; (iv) Committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Lessor’s property; or, (v) Taken action with a view to dissolution or liquidation; (d) Any insurance policy is canceled or not renewed by reason of the use or occupation of the Premises, or by reason of non-payment of premiums; (e) The Premises: (i) Has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms “vacant and “unoccupied” shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) Is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Lessor. (2) When an Act of Default on the part of the Lessee has occurred: (a) The current year’s rent together with the next years’ rent shall become due and payable immediately; and, (b) The Lessor shall have the right to terminate this Lease and to re-enter the Premises and deal with them as he may choose. Lessor’s Initials __________ Lessee’s Initials __________ 294 7 (3) If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease and re-enter the Premises prior to the end of the Term, the Lessee shall nevertheless be liable for payment of Rent and all other amounts payable by the Lessee in accordance with the provisions of the Lease until the Lessor has re-let the Premises or otherwise dealt with the Premises in such manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Lessee pays to the Lessor. (4) If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) clear days’ notice (the “Notice”) in writing to the Lessee and, at the Lessee’s option, the Lessor shall pay to the Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this Article and Articles 10(3) and 10(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Lessee shall comply with Articles 6(3) and 7(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year’s prior written notification (the “Notice”) if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The Lessee covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in writing (the “Third Party Offer”) the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Lessor shall have twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee’s interest in the Hangar on the same terms and conditions, or more favourable terms to the Lessee at the Lessor’s discretion, as contained in the Third Party Offer (the “Lessor’s Offer”). If the Lessor exercises its Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor’s Offer. If the Lessor does not exercise Lessor’s Initials __________ Lessee’s Initials __________ 295 8 its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this paragraph, if the Lessee is a corporation, the word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new term. 11. ACKNOWLEDGMENT BY LESSEE (1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying: (a) That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) The amount of Rent being paid; (c) The dates to which Rent has been paid; (d) Other charges payable under this Lease which have been paid; (e) Particulars of any prepayment of Rent or security deposits; and, (f) Particulars of any sub tenancies. 12. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor’s interest in the property. (2) Upon the request of the Lessor the Lessee will execute any form required to subordinate this Lease and the Lessee’s rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Lessee shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Premises by the Lessee as long as the Lessee performs his obligations under this Lease. 13. RULES AND REGULATIONS The Lessee agrees on behalf of itself and all persons entering the Premises with the Lessee’s authority or permission to abide by such reasonable rules and regulations of the Airport and/or Property which shall form part of this Lease and as the Lessor may make and/or amend from time to time. 14. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Lessor at: Tillsonburg Regional Airport Att: Airport Administrator 244411 Airport Rd South-West Oxford, On N4G 4H1 Fax: 519-842-3445 To the Lessee at the Premises or at: Mark Kniss 104 Crosier Street, Delhi Ontario N4B 3A9 (2) The above addresses may be changed at any time by giving ten (10) days written notice. Lessor’s Initials __________ Lessee’s Initials __________ 296 9 (3) Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 15. REGISTRATION The Lessee shall not at any time register notice of or a copy of this Lease on title to the property of which the premises form part without consent of the Lessor. 16. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word “Lessor” and the word “Lessee” wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Lessor and Lessee, respectively. (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: (a) Of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor, acting reasonably; (d) Changed its use of the Premises; or, (e) Used the Premises in any manner contrary to Article 5. (3) This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein. (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or Lessor’s Initials __________ Lessee’s Initials __________ 297 10 promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an “as is” condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. __________________________________ Lessor Stephen Molnar, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. __________________________________ Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Per: ____________________ _________________________ Lessee Witness Mark Kniss I have authority to bind the Corporation APPENDIX A - THE “PREMISES” Lessor’s Initials __________ Lessee’s Initials __________ 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3949 A BY-LAW to enter into an Airport Hanger Land Lease Agreement with Mark Kniss. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an Airport Hanger Land Lease Agreement with Mark Kniss for the construction of a 4,800 square foot hanger at the Tillsonburg Regional Airport. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1.THAT the Lease Agreement attached hereto forms part of this by-law; 2.THAT the Mayor and Clerk be hereby authorized to execute the attached Lease Agreement on behalf of the Corporation of the Town of Tillsonburg. 3.This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 28th DAY OF September, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF September, 2015. ____________________________Deputy Mayor - Dave Beres ______________________________ Town Clerk – Donna Wilson 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3953 A BY-LAW to Repeal By-Law 3944, being a by-law to authorize the Issuance of OILC Debt. WHERAS the Council of the Corporation of the Town of Tillsonburg on September 14, 2015 passed By-Law 3944 to authorize the submission of an application to Ontario Infrastructure and Land Corporation (OILC) for financing certain ongoing capital works of The Corporation of the Town of Tillsonburg. AND WHEREAS OILC has requested that By-Law 3944 be repealed in order to provide a by-law which includes standard wording from the Province. AND WHEREAS The Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3944. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg that By-Law 3944 passed on September 14, 2015 be hereby repealed. READ A FIRST AND SECOND TIME 28th DAY OF SEPTEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF SEPTEMBER, 2015. __________________________ Deputy Mayor – Dave Beres __________________________ Town Clerk – Donna Wilson 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3955 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend By-Law 3701. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule 9 to Bylaw 3701, Section 23 (1) “Entering Highway” – Stop Signs on Specified Streets, be amended with the addition of the following: COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Concession St. W @ Quarter Town Line Road Eastbound & Westbound on Concession St. W. THAT these amendments to By-Law 3701 are hereby declared to be part of that By-Law as if written therein. THAT this By-Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment. Read a first and second time this 28th day of September, 2015 Read a third time, passed, signed, sealed and numbered 3955 this 28th day of September, 2015. ________________________________ Deputy Mayor – David Beres _______________________________ Town Clerk – Donna Wilson 334 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3951 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 28th day of September, 2015 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on September 28, 2015, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 28TH DAY OF SEPTEMBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 28TH DAY OF SEPTEMBER, 2015. ________________________________ Deputy Mayor – Dave Beres ________________________________ Town Clerk – Donna Wilson 335