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Reg 160524 Council= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: Donna Wilson, Town Clerk Rick Cox, Director of Recreation, Culture & Park Services Janelle Constantino, Manager of Finance Kevin De Leebeeck, Director of Operations Tricia Smith, Deputy Clerk Regrets: David Calder, CAO Darrell Eddington, Director of Finance 1.Call to Order The meeting was called to order at 6:00 p.m. 2.Closed Session Resolution #1 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider: The Corporation of the Town of Tillsonburg COUNCIL MEETING Tuesday, May 24, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting Minutes, May 24, 2016 - 2 - 1. Personal matters about an identifiable individual, including municipal or local board employees (CAO Performance Review). Carried 3. Adoption of Agenda Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Tuesday, May 24, 2016, be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of May 9, 2016 Minutes, May 9, 2016 Resolution #3 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of May 24, 2016, be approved. Carried 7. Delegations and Presentations 7.1. Volunteer Achievement Award Presentation – Eddie Richter Presented By: Mayor Molnar Chair Ann Loker, Special Awards Committee Council Meeting Minutes, May 24, 2016 - 3 - 7.2. Impact of Community Transportation Pilot Program Presentation By: Ashley Farrar, Executive Director, Social Planning Council Oxford & Member, Community Transportation Pilot Program Steering Committee AFarrar Council Delegation Request Presentation Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the presentation regarding the Impact of the Community Transportation Pilot Program, as information. Carried 7.3. Pioneer Cemetery Rededication Ceremony, Tillsonburg & District Historical Society Presentation By: Dave Morris Laurel Beechey Invitation Resolution #5 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the presentation regarding the Pioneer Cemetery Re- dedication Ceremony, as information. Carried 8. Committee Reports & Presentations 8.1. CA 16-01 Grant Guidelines and Process Presented By: Deb Beard, Chair Cultural Advisory Committee CA 16-01, Grand Guidelines TCAC - Grant Guidelines and Application Council Meeting Minutes, May 24, 2016 - 4 - Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CA 16-01 Grant Guidelines and Process; AND THAT Council endorses the Cultural Grant process and authorizes the Cultural Advisory Committee to award cultural grants at their discretion in accordance with the annual budget for Cultural Grants. Carried Resolution #7 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:39 p.m. Carried 9. Public Meetings 9.1. Application for Minor Variance- A-03/16, Leonard Pilkey- 9 Townline Road Report Attachments A-03-16 Report Application Rebecca Smith, Development Planner, County of Oxford appeared before Council and presented Report 2016-120. Opportunity was given for comments and questions. The applicant, Leonard Pilkey appeared in support of the application. No member of the public appeared in support, or opposition to the application. Council passed the following resolution: Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Town of Tillsonburg Committee of Adjustment approve Application File A- 03/16, submitted by Leonard Pilkey, for lands described as Lot 1637, Plan 500, Council Meeting Minutes, May 24, 2016 - 5 - Town of Tillsonburg, to facilitate the replacement of a legal non-conforming detached garage and recognize a reduced interior side yard setback; AND THAT approval is conditional upon the proposed detached garage being located outside of the area occupied by the existing septic system on the subject property, to the satisfaction of the Town Building Services Department; AND THAT a building permit be issued within one year. Carried Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council move out of the Committee of Adjustment and move back into regular session at 6:46 p.m. Carried 10. Mayor 10.1. MYR 16-06, Update – County of Oxford MYR 16-06 Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report MYR 16-06, County of Oxford Update, as information. Carried 11. Reports from Departments 11.1. Finance 11.1.1. FIN16-22 2015 Draft Financial Statements Presentation By: Christene Scrimgeour, Scrimgeour & Company Staff to provide information to Council regarding the variance in OMERS contributions between 2014 and 2015. FIN16-22 2015 Draft Financial Statements Council Meeting Minutes, May 24, 2016 - 6 - Town of Tillsonburg Draft FS Tillsonburg Trust Draft FS Tillsonburg Sewer Draft FS Tillsonburg Water Draft FS Management Letter Independence Letter Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives report FIN16-22 2015 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2015 be approved; AND THAT the 2015 Independence and Management Letters be received; AND FURTHER THAT the 2015 surplus of $88,486 be contributed to reserves. Carried 11.2. Clerk’s Office 11.2.1. CL 16-11Amendment to By-Law 3596, to Prohibit Smoking in Certain Public Places CL 16-11 Amend Smoking By-Law By-Law 4018, To amend By-Law 3596 To Prohibit Smoking in Certain Public Places Consolidated By-Law 3596 Prohibit Smoking Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 16-11 Amendment to Smoking By-law 3596; AND THAT an amending By-Law be brought forward for Council consideration. Carried Council Meeting Minutes, May 24, 2016 - 7 - 11.2.2. CL 16-13 Integrity Commissioner CL 16-13 Integrity Commissioner Mun Act Excerpt Integrity Commissioner Staff to provide additional consultation with the County of Oxford, Oxford County municipalities and neighbouring municipalities. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the motion be deferred subject to additional information from neighbouring municipalities. Carried Resolution #13 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council approves the appointment of an Integrity Commissioner; AND THAT the Town be authorized to issue a Request for Proposal (RFP) seeking proposals for an Integrity Commissioner, including the consideration that the appointment be made jointly with the County’s local municipalities, should they be amenable, and their respective Councils endorse such an approach; AND THAT upon Council approval for the appointment of an Integrity Commissioner, that staff be directed to send copies of Report CL 16-13 and this motion to all Oxford County Municipalities and request that the local municipality report back to the Town within 30 days from receipt of this report as to whether they would like to participate and partner with the Town in the proposed RFP; AND THAT Staff report back to Council at the August 8, 2016 Council meeting regarding the status of the appointment of an Integrity Commissioner. Deferred Council Meeting Minutes, May 24, 2016 - 8 - 11.3. Operations 11.3.1. OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding OPS 16-18 Attachment 1 - MTO Connecting Link Correspondence Letter Staff to provide a report to Council on the Hot Mix Asphalt Paving Tender results. Staff will be providing a pavement management strategy to Council in the fall. Resolution #14 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding; AND THAT Council contribute $65,000 from the taxation funding component of the Connecting Link Resurfacing Project to the $27,900 already in reserves; AND THAT Council earmark the new total of $92,900 in reserves for the purpose of rehabilitating Broadway St. from the Town limits to North St. to fund the Towns portion of the project under a potential future Connecting Link opportunity; AND THAT Council re-assign the remaining $234,600 from the taxation funding component of the Connecting Link Resurfacing Project to complete a Hot Mix Asphalt Paving Program in 2016. Carried 11.3.2. OPS 16-19 Airport Hanger Land Lease Amendment OPS 16-19 Airport Hanger Land Lease Amendment OPS 16-19 Attachment 1 - Airport Hanger Land Lease Agreement (June 2015) Council Meeting Minutes, May 24, 2016 - 9 - OPS 16-19 Attachment 2 - Airport Hanger Land Lease Amendment (Sept 2015) OPS 16-19 Attachment 3 - Proposed Airport Hanger Land Lease Amendment (May 2016) Resolution #15 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report OPS 16-19 Airport Hanger Land Lease Amendment with Jeff Miller; AND THAT Council approve the amendments to the hanger land lease agreement with Jeff Miller; AND THAT Mayor and Clerk be authorized to execute the Airport Hanger Land Lease Amendment with Jeff Miller. Carried 12. Committee Minutes 12.1. Minutes, Accessibility Advisory Committee Minutes, April 13, 2016 12.2. Minutes, Airport Advisory Committee Minutes, May 5, 2016 Revised Terms of Reference 12.3. Minutes, Development Committee Minutes, Development Committee Minutes, Development Committee 12.4. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, April 29, 2016 May 5, 2016 12.5. Minutes, Police Services Board Minutes, April 20, 2016 Council Meeting Minutes, May 24, 2016 - 10 - Resolution #16 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the Minutes of the Accessibility Advisory Committee for April 13, 2016, the Airport Advisory Committee for May 5, 2016 and Revised Terms of Reference, the Development Committee for March 8, 2016 and April 12, 2016, the Heritage, Beautification and Cemetery Advisory Committee for May 5, 2016 and the Beautification Working Group for April 29, 2016, and the Police Services Board for April 20, 2016, as information. Carried 12.6. Minutes, LPRCA Minutes, May 4, 2016 Resolution #17 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the minutes of May 4, 2016 from the LPRCA, as information. Carried 13. Notice of Motions 14. Resolutions Resulting from Closed Session 14.1. MYR 16-07, CAO Performance Review MYR 16-07 CAOinternal2016 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson Resolution #18 THAT Council receives Report MYR 16-07 CAO Performance Review; AND THAT Council endorses the recommendations for the 2016 Goals and Objectives and Remuneration. Carried Council Meeting Minutes, May 24, 2016 - 11 - 15. By-Laws By-Laws from the Meeting of Tuesday, May 24, 2016 Resolution #19 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 15.1. THAT By-Law 4018, To amend By-Law 3596 to Prohibit Smoking in Certain Public Places, be read for a first and second reading and this constitutes the first and second reading thereof. Carried Resolution #20 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 15.2. THAT By-Law 4017, To Adopt the Delegation of Powers and Duties Policy; AND THAT By-Law 4018, To amend By-Law 3596 to Prohibit Smoking in Certain Public Places; AND THAT By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be read for a third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Resolution #21 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 15.3. THAT By-Law 4021, To confirm the proceedings of Council at its meeting held on the 24th day of May, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Council Meeting Minutes, May 24, 2016 - 12 - 16. Items of Public Interest Tillsonburg Hydro Inc. will have planned electricity outages on Sunday, May 29, 2016 between 5:00 a.m. to 9:00 a.m. as part of a system upgrade. Doors Open Oxford - Tillsonburg will be held on May 28, 2016 from 10 a.m. to 5 p.m. Participating sites will include Annandale National Historic Site, Heath’s Apartments, Odd Fellow’s Hall, Otter Valley Playhouse, Pioneer Graveyard and the Station Arts Centre. The Customer Service Centre is still accepting donations on behalf of the Red Cross in support of relief efforts in Fort McMurray, Alberta. The Town graciously received a donation of an AED from the family of Andrew Stoddart for the Tillsonburg Baseball Park, Annandale Ball Diamonds. 17. Adjournment Resolution #22 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the Council Meeting of Tuesday, May 24, 2016 be adjourned at 8:25 p.m. Carried Table of Contents Agenda 3 Minutes, May 9, 2016 Minutes, May 9, 2016 12 Impact of Community Transportation Pilot Program AFarrar Council Delegation Request 23 Presentation 26 Pioneer Cemetery Rededication Event, Historical Society Invitation 40 CA 16-01 Grant Guidelines and Process CA 16-01, Grand Guidelines 41 TCAC - Grant Guidelines and Application 42 Application for Minor Variance- A-03/16, Leonard Pilkey- 9 Townline Road Report Attachments 46 A-03-16 Report 49 Application 57 MYR 16-06, Update – County of Oxford MYR 16-06 60 FIN16-22 2015 Draft Financial Statements FIN16-22 2015 Draft Financial Statements 62 Town of Tillsonburg Draft FS 63 Tillsonburg Trust Draft FS 82 Tillsonburg Sewer Draft FS 89 Tillsonburg Water Draft FS 97 Management Letter 105 Independence Letter 106 CL 16-11Amendment to By-Law 3596, to Prohibit Smoking in Certain Public Places CL 16-11 Amend Smoking By-Law 108 By-Law 4018, To amend By-Law 3596 To Prohibit Smoking in Certain Public Places 110 Consolidated By-Law 3596 Prohibit Smoking 111 CL 16-13 Integrity Commissioner CL 16-13 Integrity Commissioner 117 Mun Act Excerpt Integrity Commissioner 121 OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding 123 OPS 16-18 Attachment 1 - MTO Connecting Link Correspondence Letter 125 OPS 16-19 Airport Hanger Land Lease Amendment OPS 16-19 Airport Hanger Land Lease Amendment 126 1 OPS 16-19 Attachment 1 - Airport Hanger Land Lease Agreement (June 2015)129 OPS 16-19 Attachment 2 - Airport Hanger Land Lease Amendment (Sept 2015)139 OPS 16-19 Attachment 3 - Proposed Airport Hanger Land Lease Amendment (May 2016)141 Minutes, Accessibility Advisory Committee Minutes, April 13, 2016 143 Minutes, Airport Advisory Committee Minutes, May 5, 2016 146 Revised Terms of Reference 157 Minutes, Development Committee Minutes, Development Committee 161 Minutes, Development Committee 165 Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, April 29, 2016 169 May 5, 2016 171 Minutes, Police Services Board Minutes, April 20, 2016 173 Minutes, LPRCA Minutes, May 4, 2016 177 MYR 16-07, CAO Performance Review MYR 16-07 CAOinternal2016 186 By-Law 4017, To Adopt the Delegation of Powers and Duties Policy By-Law 4017 Delegation 188 2-006 Delegation 189 By-Law 4018, To amend By-Law 3596 to Prohibit Smoking in Certain Public Places By-Law 4018, To amend By-Law 3596 To Prohibit Smoking in Certain Public Places 201 By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg By-Law 4019 202 By-Law 4021, To confirm the proceedings of Council. By-Law 4021 216 2 = 1. Call to Order 2. Closed Session Proposed Resolution #1 Moved By: Seconded By: THAT Council move into Closed Session to consider: 1. Personal matters about an identifiable individual, including municipal or local board employees (CAO Performance Review). 3. Adoption of Agenda Proposed Resolution #2 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Tuesday, May 24, 2016, 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 May 9, 2016 Minutes, May 9, 2016 Proposed Resolution #3 Moved By: Seconded By: THAT the Minutes of the Council Meeting of May 24, 2016, be approved. The Corporation of the Town of Tillsonburg COUNCIL MEETING Tuesday, May 24, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - 7. Delegations and Presentations 7.1. Volunteer Achievement Award Presentation – Eddie Richter Presented By: Mayor Molnar Chair Ann Loker, Special Awards Committee 7.2. Impact of Community Transportation Pilot Program Presentation By: Ashley Farrar, Executive Director, Social Planning Council Oxford & Member, Community Transportation Pilot Program Steering Committee AFarrar Council Delegation Request Presentation Proposed Resolution #4 Moved By: Seconded By: THAT Council receives the presentation regarding the Impact of the Community Transportation Pilot Program, as information. 7.3. Pioneer Cemetery Rededication Ceremony, Tillsonburg & District Historical Society Presentation By: Dave Morris Laurel Beechey Invitation Proposed Resolution #5 Moved By: Seconded By: THAT Council receives the presentation regarding the Pioneer Cemetery Re-dedication Ceremony, as information. 8. Committee Reports & Presentations 8.1. CA 16-01 Grant Guidelines and Process Presented By: Deb Beard, Chair Cultural Advisory Committee Patty Phelps, Cultural Advisory Committee Staff Liaison CA 16-01, Grand Guidelines TCAC - Grant Guidelines and Application 4 Council Meeting – Agenda - 3 - Proposed Resolution #6 Moved By: Seconded By: THAT Council receives Report CA 16-01 Grant Guidelines and Process; AND THAT Council endorses the Cultural Grant process and authorizes the Cultural Advisory Committee to award cultural grants at their discretion in accordance with the annual budget for Cultural Grants. Proposed Resolution #7 Moved By: Seconded By: THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at _______ p.m. 9. Public Meetings 9.1. Application for Minor Variance- A-03/16, Leonard Pilkey- 9 Townline Road Report Attachments A-03-16 Report Application Proposed Resolution #8 Moved By: Seconded By: THAT the Town of Tillsonburg Committee of Adjustment approve Application File A-03/16, submitted by Leonard Pilkey, for lands described as Lot 1637, Plan 500, Town of Tillsonburg, to facilitate the replacement of a legal non-conforming detached garage and recognize a reduced interior side yard setback; AND THAT approval is conditional upon the proposed detached garage being located outside of the area occupied by the existing septic system on the subject property, to the satisfaction of the Town Building Services Department. Proposed Resolution #9 Moved By: Seconded By: THAT Council move out of the Committee of Adjustment and move back into regular session at ______ p.m. 5 Council Meeting – Agenda - 4 - 10. Mayor 10.1. MYR 16-06, Update – County of Oxford MYR 16-06 Proposed Resolution #10 Moved By: Seconded By: THAT Council receives Report MYR 16-06, County of Oxford Update, as information. 11. Reports from Departments 11.1. Finance 11.1.1. FIN16-22 2015 Draft Financial Statements Presentation By: Christene Scrimgeour, Scrimgeour & Company FIN16-22 2015 Draft Financial Statements Town of Tillsonburg Draft FS Tillsonburg Trust Draft FS Tillsonburg Sewer Draft FS Tillsonburg Water Draft FS Management Letter Independence Letter Proposed Resolution #11 Moved By: Seconded By: THAT Council receives report FIN16-22 2015 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2015 be approved; AND THAT the 2015 Independence and Management Letters be received; AND FURTHER THAT the 2015 surplus of $88,486 be contributed to reserves. 11.2. Clerk’s Office 11.2.1. CL 16-11Amendment to By-Law 3596, to Prohibit Smoking in Certain Public Places CL 16-11 Amend Smoking By-Law By-Law 4018, To amend By-Law 3596 To Prohibit Smoking in Certain Public Places Consolidated By-Law 3596 Prohibit Smoking 6 Council Meeting – Agenda - 5 - Proposed Resolution #12 Moved By: Seconded By: THAT Council receives Report CL 16-11 Amendment to Smoking By-law 3596; AND THAT an amending By-Law be brought forward for Council consideration. 11.2.2. CL 16-13 Integrity Commissioner CL 16-13 Integrity Commissioner Mun Act Excerpt Integrity Commissioner Proposed Resolution #13 Moved By: Seconded By: THAT Council approves the appointment of an Integrity Commissioner; AND THAT the Town be authorized to issue a Request for Proposal (RFP) seeking proposals for an Integrity Commissioner, including the consideration that the appointment be made jointly with the County’s local municipalities, should they be amenable, and their respective Councils endorse such an approach; AND THAT upon Council approval for the appointment of an Integrity Commissioner, that staff be directed to send copies of Report CL 16-13 and this motion to all Oxford County Municipalities and request that the local municipality report back to the Town within 30 days from receipt of this report as to whether they would like to participate and partner with the Town in the proposed RFP; AND THAT Staff report back to Council at the August 8, 2016 Council meeting regarding the status of the appointment of an Integrity Commissioner. 11.3. Operations 11.3.1. OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding OPS 16-18 Attachment 1 - MTO Connecting Link Correspondence Letter Proposed Resolution #14 Moved By: Seconded By: THAT Council receive Report OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding; 7 Council Meeting – Agenda - 6 - AND THAT Council contribute $65,000 from the taxation funding component of the Connecting Link Resurfacing Project to the $27,900 already in reserves; AND THAT Council earmark the new total of $92,900 in reserves for the purpose of rehabilitating Broadway St. from the Town limits to North St. to fund the Towns portion of the project under a potential future Connecting Link opportunity; AND THAT Council re-assign the remaining $234,600 from the taxation funding component of the Connecting Link Resurfacing Project to complete a Hot Mix Asphalt Paving Program in 2016. 11.3.2. OPS 16-19 Airport Hanger Land Lease Amendment OPS 16-19 Airport Hanger Land Lease Amendment OPS 16-19 Attachment 1 - Airport Hanger Land Lease Agreement (June 2015) OPS 16-19 Attachment 2 - Airport Hanger Land Lease Amendment (Sept 2015) OPS 16-19 Attachment 3 - Proposed Airport Hanger Land Lease Amendment (May 2016) Proposed Resolution #15 Moved By: Seconded By: THAT Council receive Report OPS 16-19 Airport Hanger Land Lease Amendment with Jeff Miller; AND THAT Council approve the amendments to the hanger land lease agreement with Jeff Miller; AND THAT Mayor and Clerk be authorized to execute the Airport Hanger Land Lease Amendment with Jeff Miller. 12. Committee Minutes 12.1. Minutes, Accessibility Advisory Committee Minutes, April 13, 2016 12.2. Minutes, Airport Advisory Committee Minutes, May 5, 2016 Revised Terms of Reference 12.3. Minutes, Development Committee Minutes, Development Committee Minutes, Development Committee 8 Council Meeting – Agenda - 7 - 12.4. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, April 29, 2016 May 5, 2016 12.5. Minutes, Police Services Board Minutes, April 20, 2016 Proposed Resolution #16 Moved By: Seconded By: THAT Council receives the Minutes of the Accessibility Advisory Committee for April 13, 2016, the Airport Advisory Committee for May 5, 2016 and Revised Terms of Reference, the Development Committee for March 8, 2016 and April 12, 2016, the Heritage, Beautification and Cemetery Advisory Committee for May 5, 2016 and the Beautification Working Group for April 29, 2016, the Police Services Board for April 20, 2016, as information. 12.6. Minutes, LPRCA Minutes, May 4, 2016 Proposed Resolution #17 Moved By: Seconded By: THAT Council receives the minutes of May 4, 2016 from the LPRCA, as information. 13. Notice of Motions 14. Resolutions Resulting from Closed Session 14.1. MYR 16-07, CAO Performance Review MYR 16-07 CAOinternal2016 Moved By: Seconded By: Proposed Resolution #18 THAT Council receives Report MYR 16-07 CAO Performance Review; AND THAT Council endorses the recommendations for the 2016 Goals and Objectives and Remuneration; 9 Council Meeting – Agenda - 8 - AND THAT the work of the Review Committee be considered complete and that the Committee be disbanded. 15. By-Laws By-Laws from the Meeting of Tuesday, May 24, 2016 Proposed Resolution #19 Moved By: Seconded By: 15.1. THAT By-Law 4018, To amend By-Law 3596 to Prohibit Smoking in Certain Public Places, be read for a first and second reading and this constitutes the first and second reading thereof. Proposed Resolution #20 Moved By: Seconded By: 15.2. THAT By-Law 4017, To Adopt the Delegation of Powers and Duties Policy, Delegation Policy; AND THAT By-Law 4018, To amend By-Law 3596 to Prohibit Smoking in Certain Public Places; AND THAT By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be read for a third and final time and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Proposed Resolution #21 Moved By: Seconded By: 15.3. THAT By-Law 4021, To confirm the proceedings of Council at its meeting held on the 24th day of May, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 10 Council Meeting – Agenda - 9 - 16. Items of Public Interest 17. Adjournment Proposed Resolution #22 Moved By: Seconded By: THAT the Council Meeting of Tuesday, May 24, 2016 be adjourned at _____ p.m. 11 = 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 Rick Cox, Director of Recreation, Culture & Park Services Jeff Smith, Fire Chief Tricia Smith, Deputy Clerk Regrets: Kevin De Leebeeck, Director of Operations 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, May 09, 2016, be adopted. Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, May 09, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 12 Council Meeting Minutes, May 9, 2016 - 2 - 3. Moment of Silence The Mayor extended best wishes to the recovery efforts in Fort McMurray. 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of April 25, 2016 Minutes, April 25, 2016 Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of April 25, 2016, be approved. Carried 6. Delegations and Presentations 6.1. Oxford/Ontario Health Coalition Delegation By: Bryan Smith, Chair Delegation Request Council Presentation Beyond Limits Report Final Submission Fact Sheet Staff to allow the placement of ballet boxes for the Ontario Health Coalition Referendum in the Customer Service Centre and Community Centre. Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the delegation regarding health cuts to local hospitals and services, as information. Carried 13 Council Meeting Minutes, May 9, 2016 - 3 - 6.2. OPP 2015 Year End Report Presentation By: Larry Scanlan, Chair PSB & Anthony Hymers, Acting Inspector Detachment Commander Presentation Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the presentation regarding the OPP 2015 Year End Report, as information. Carried Council recognized John Smith for his continued years of service on the Police Services Board as his term of office is coming to an end. 6.3. Gospel in the Park - Request to Waive Special Events Policy Form SE-003 Delegation By: Mark Hasson Delegation Hasson Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the delegation regarding Gospel in the Park, Request to waive Special Events Policy Form SE-003, as information. Carried 7. Reports from Departments 7.1. Recreation, Culture & Park Services 7.1.1. RCP 16-16 – Gospel in the Park Waiver Requirement RCP 16-16 - Gospel in the Park Waiver Requirement Special Events Waiver Form Resolution #6 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report RCP 16-16 – Gospel in the Park Waiver Requirement; 14 Council Meeting Minutes, May 9, 2016 - 4 - AND THAT Council requires the applicant to comply with the requirements of the Special Events Policy. Carried 8. Committee Reports & Presentations 8.1. CAO 16-05, Town Hall Project Steering Committee Space Needs Study Report Delegation By: Marty Klein, Chair of the Town Hall Project Task Force and Mr. Stephan Namisniak, KNY Architects Town Hall Project Steering Committee Space Needs Study Report Town Hall Steering Committee Terms of Reference Town Hall Space Needs Study Final Report The Town Hall Project Steering Committee will be bringing a report back to council with options for a town hall location. Public comments can be made through the Town CAO to the Town Hall Steering Committee. Resolution #7 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CAO 16-05 Town Hall Project Steering Committee Space Needs Study Project; AND THAT Council approves the Town Hall Project Steering Committee’s continued work on investigating site locations, budget requirements and possible financing options for a future Town Hall building. Carried 9. Information Items 9.1. Bill 180, Workers Day of Mourning Act 2016 04 29 - Support Bill 180 - Workers Day of Mourning Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Town of Tillsonburg supports Bill 180, Workers Day of Mourning Act, 2016; 15 Council Meeting Minutes, May 9, 2016 - 5 - AND THAT a copy of this support resolution be sent to MP, Dave MacKenzie, MPP, Ernie Hardeman, AMO, all Ontario Municipalities and the Oxford Regional Labour Council. Carried 9.2. Memorandum re Delegate Request - AMO Conference, Ministry of Municipal Affairs & Housing Memorandum Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives item 8.2, as information. Carried 9.3. AMO Support for Fort McMurray - Call to Action AMO Support Letter Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives the correspondence regarding AMO Support for Fort McMurray – Call to Action, as information. Carried Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres WHEREAS the devastating fires in Alberta have impacted the people, families and commerce of Fort McMurray and surrounding area; AND WHEREAS the impacts our fellow Canadians has a direct and impactful influence on the residents and communities across this great Nation; AND WHEREAS the Residents and Council of the Town of Tillsonburg extend our heartfelt best wishes to a quick end to the fires and a move towards a swift and complete recovery period; 16 Council Meeting Minutes, May 9, 2016 - 6 - THEREFORE be it resolved that Council for the Town of Tillsonburg contributes up to $5,000.00 from General Reserves to the Canadian Red Cross for relief efforts; AND THAT the Town matches, up to this $5,000.00 level, all private donations received at the Customer Services Centre up to and including May 29, 2016 and that the total dollars raised be forwarded to the Canadian Red Cross to be matched by the Federal Government’s matching fund commitment; AND FURTHER THAT confirmation of this initiative is forwarded to AMO and municipalities within Oxford County. Carried 10. Reports from Departments 10.1. Clerk’s Office 10.1.1. CL 16-10 Development Committee Appointments CL 16-10 Dev Com App Resolution #12 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report CL 16-10 Development Committee Appointments; AND THAT Deb Gilvesy and Mel Getty be appointed to fill the vacancies on the Development Committee; AND THAT an amendment to By-Law 3876, Committee Appointments be brought forward for Council consideration. Carried 10.1.2. CL 16-12, Fire Services Strategic Plan Committee CL 16-12 Fire Strat Plan Com Strategic Planning Committee Terms of Reference-draft Resolution #13 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 16-12 Fire Services Strategic Plan Committee; 17 Council Meeting Minutes, May 9, 2016 - 7 - AND THAT John Prno, Mel Getty, Ian Messenger, Gord Collins, John Bamford, Shane Curtis, Ted Sanders and Mike Dean, be appointed to the Fire Services Strategic Plan Committee; AND THAT Councillor Jim Hayes, be appointed to represent Council on the committee. Carried 10.1.3. CL 16-08 Delegation of Powers and Duties Policy CL 16-08 Delegation of Powers 2-006 Delegation Council directed staff to add the definition for Policy under section 2.0 of the Delegation and Duties Policy. Resolution #14 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 16-08, Delegation of Powers & Duties Policy; AND THAT a By-Law to authorize the policy, be brought forward for Council consideration. Carried 10.2. Development and Communication Services 10.2.1. DCS 16-17, Economic Development and Marketing First Quarter Report DCS 16-17 Economic Development and Marketing First Quarter Report Resolution #15 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DCS 16-17 Economic Development and Marketing First Quarter Report, as information. Carried 18 Council Meeting Minutes, May 9, 2016 - 8 - 10.3. Finance 10.3.1. FIN16-21 2016 Budgetary Estimates and Tax Rates FIN 16-21 2016 Budgetary Estimates and Tax Rates 2016 Final Levy Bylaw 4015 Resolution #16 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report FIN16-21 2016 Budgetary Estimates and Tax Rates; AND THAT the 2016 Final Levy By-Law No. 4015, be brought forward for Council consideration. Carried 10.4. Operations 10.4.1. OPS 16-16 Encroachment on Highways and Public Lands OPS 16-16 Encroachment on Highways and Public Lands OPS 16-16 Attachment 1 - Existing Encroachment on Municipal Property Policy OPS 16-16 Attachment 2 - Proposed Enroachment By-law OPS 16-16 Attachment 3 - Encroachment Agreement Template Resolution #17 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report OPS 16-16 Encroachments on Highways and Public Lands; AND THAT a By-Law to regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be brought forward for Council consideration; AND THAT the existing Encroachment on Municipal Property Policy, be rescinded and considered null and void upon adoption of the proposed Encroachment By-Law. Carried 19 Council Meeting Minutes, May 9, 2016 - 9 - 10.4.2. OPS 16-17 Results for Tender F2016-003 Roads Service Truck OPS 16-17 Results for Tender F2016-003 Roads Service Truck Resolution #18 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson Council defers item 9.4.2 OPS 16-17 Results for Tender F2016-003 Roads Service Truck until the Council meeting of May 24, 2016. Carried 11. Motions Resolution #19 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council approve the waiving of fees for the Lion’s Auditorium for a Fort McMurray fundraiser by Tillsonburg Minor Hockey. Carried Resolution #20 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT staff be directed to remove Section 10.4 Municipal Significant Events from the Delegation of Powers & Duties policy. Councillor Adam requested a recorded vote. NAME VOTE IN FAVOUR VOTE AGAINST Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Councillor Hayes x Mayor Molnar x Councillor Rosehart x Councillor Stephenson x 20 Council Meeting Minutes, May 9, 2016 - 10 - The recorded vote reflects the vote is 3 in favour of the Motion and 4 against the Motion. The motion is "defeated" 12. By-Laws By-Laws from the Meeting of Monday, May 09, 2016 Resolution #21 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 12.1. THAT By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings); AND THAT By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016; AND THAT By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees; AND THAT By-Law 4017, To Adopt the Delegation of Powers and Duties Policy; AND THAT By-Law 4019, To regulate and control the granting of encroachments on highways and public lands within the Town of Tillsonburg, be read for a first and second reading and this constitutes the first and second reading thereof. Carried Resolution #22 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 12.2. THAT By-Law 4010, To amend Zoning By-Law No. 3295 (ZN 7-16-01, Tilldent Holdings); AND THAT By-Law 4015, To provide for the adoption of Budgetary Estimates, Tax Rates and to further provide for penalty and interest in default of payment thereof for 2016; AND THAT By-Law 4016, To Amend By-Law 3876, to Define the Mandate, Membership, and Meeting Procedures for Committees, be read for a third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same and place the corporate seal thereunto. Carried 21 Council Meeting Minutes, May 9, 2016 - 11 - Resolution #23 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 12.3. THAT By-Law 4020, To confirm the proceedings of Council at its meeting held on the 9th day of May, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 13. Items of Public Interest 14. Adjournment Resolution #24 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Monday, May 09, 2016 be adjourned at 9:04 p.m. Carried 22 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 23 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 24 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. 25 Community Transportation Pilot Program An Impact Study Ashley Farrar Executive Director, Social Planning Council Oxford Member, Community Transportation Pilot Program Steering Committee 26 27 28 “Not having transportation makes me feel substandard.” 29 “You can only ask your friends and neighbours [for a ride] so many times. I’m too embarrassed to keep asking. People start to avoid you, and it can be confrontational with friends and family. I’m afraid to call them.” 30 “Without a ride from family or friends, I spend almost two hours of my wages on taxi rides, then I give back half of my earnings to ODSP.” 31 The cost of not having affordable transportation is too high 32 “I know that they tried a bus in the past but this one is different. It is trying to give the people what they need. It is running when people need to use it.” “This program is working perfectly for me.” “This bus has made things better for people and it is easy to use.” “The bus driver is friendly, helpful, and so accommodating.” “Thank you for this program. You are improving my life.” “This program has put money back in my wallet so that I can use it to buy healthy food.” 33 “So many people need rides in this town. I am telling all of my friends.” “What I want to say to people who drive: you are lucky. Think about us who do not have money and cannot get around. Maybe the bus didn’t work last time, but it has to work this time as we need it. We are worth it.” “I don’t know what I would do if this program stopped.” “All the people in my building need this service so we can do things in our town.” 34 “This bus has allowed for me to be part of the community.” “I don’t have internet and want to research. This bus has allowed me to go to the library. This is exciting for me.” “This has helped me feel like a person in town.” “I feel the stress in my life leaving since this bus has been around. I feel like I can cope.” “T:GO has improved my life. We need this program.” 35 “I feel so independent now. I was always relying on others or doing without.” “I don’t have to rely on other people and I can afford to pay for it myself. I feel like I am doing something myself.” “The T:GO bus has allowed me to do different things than what I was doing. I am able to do things I could not do before.” “I have been using it since it started and I know it is going to be there when it says and it makes me feel confident.” “It feels so good to have more money and spend it on things I really need.” 36 “I was the very first person to get on this bus. That allowed me to go back to school.” “Now finally, I might have a chance to get to where the factories are.” “I want to be in this town but without a ride I can’t get a job or keep one. I am feeling better about being in Tillsonburg.” “Without this bus I would not have been able to get my schooling.” “The key to this bus is that it is reliable. If I get a ride with someone and they don’t show up I am not making it to work. This has allowed me to be on time and I can depend on it.” 37 • 83% of survey respondents who said that they would not use transportation • 92% of survey respondents who currently own a car, and • 91% of survey respondents who reported an annual household income of greater than $50,000 Still believe that access to public transportation in Tillsonburg is either very important or important 38 39 The Tillsonburg & District Historical Society Cordially invites you to attend the Tillsonburg Pioneer Graveyard Re-dedication Ceremony Saturday, June 4, 2016 At 2:00 p.m. The Ceremony will take place by the new Pioneer Graveyard archway. Refreshments to follow. 40 Report Title Grant Guidelines and Process Report No. CA 16-01 Author Patty Phelps Meeting Type Council Meeting Council Date May 24, 2016 Attachments • Grant Guidelines • Grant Application RECOMMENDATION THAT Council receives Report CA 16-01 Grant Guidelines and Process; AND THAT Council endorses the Cultural Grant process and authorizes the Cultural Advisory Committee to award cultural grants at their discretion in accordance with the annual budget for Cultural Grants. EXECUTIVE SUMMARY The Cultural Advisory Committee receives applications for grants that support the cultural life of the community or that promote activities in support of the artistic, historical or lifestyle heritage of the Town. The committee processes the applications and then brings forward a recommendation to Town Council for approval to issue the grants. This process is inefficient and can prolong an application causing frustration for applicants and committee members. The proposed process will allow for a faster response, relieve bottlenecks and speed up decision-making processes. The committee will receive and review applications, request further information and provide a decision efficiently. The guidelines and criteria provided have been used over the past few years to determine eligibility, however the approval authority remained with Council. Allowing the Committee to approve applications and release grant funds will provide for the intended purpose of Cultural Grants. FINANCIAL IMPACT/FUNDING SOURCE Contained in the approved 2016 budget COMMUNITY STRATEGIC PLAN (CSP) IMPACT Committees demonstrate culture & community by making Tillsonburg an attractive place to live and this initiative will help to expand and enhance local festivals to attract a greater number of tourists. Page 1 / 1 CA 16-01, Grand Guidelines 41 Cultural Advisory Committee Grant Guidelines & Criteria Please read the Cultural Grant Guidelines & Eligibility Criteria before completing your application form. Please note: • Not all submissions meeting the criteria will receive a grant, as the level of support depends on the number of submissions received and available funds. • A grant in any year is not to be considered a commitment by the Town of Tillsonburg to provide such assistance in future years. • Deadlines for applications are two times annually, January 2 & July 2, to be considered for funding for that fiscal year. • Applications can be submitted in hardcopy or electronically. Electronic submissions should be signed or followed by an original version. For more information, please contact: Patricia Phelps, Cultural Advisory Committee Staff Liaison, Culture & Heritage Manager/Curator Annandale National Historic Site 30 Tillson Ave, Tillsonburg, ON N4G 2Z8 (519) 842-2294 pphelps@tillsonburg.ca Guidelines & Criteria In general, Cultural Grants will be awarded only to initiatives that result in a unique contribution to the cultural life of the community or that promote activities in support of the artistic, historical or lifestyle heritage of the Town. Eligibility Criteria for the program are: 1. Funding will be provided only to non-profit or not-for-profit organizations and committees. 2. Applicants for Cultural Grants must be located in the community or primarily provide cultural benefits for the Town of Tillsonburg. 3. The organization/committee must have been in existence for two (2) years and/or have demonstrated appropriate experience/expertise. 4. Funding will be provided only to festivals or events that include the arts as a significant component of their programming. 5. All events and festivals must be open to the public and publicized (if applicable). 6. Cultural Grants will be given to supplement current operating budgets and to reduce or eliminate existing deficits. 7. All successful applicants must acknowledge the contribution by the Town of Tillsonburg (Cultural Advisory Committee) when promoting their Project/Event. 8. All successful applicants will be required to submit a final report (to include use of grant funds) -1 month after the event to Patricia Phelps, Cultural Advisory Committee 42 Staff Liaison, Culture & Heritage Manager/Curator Annandale National Historic Site 30 Tillson Ave, Tillsonburg, ON N4G 2Z8 In addition to the above criteria, preference will be given to: • Organizations or committees that demonstrate relevant experience and expertise; • New and innovative events, community outreach, and/or education relating to Arts & Culture; and, • Applications that have a variety of funding sources and that provide a detailed financial statement and budget for the event/initiative. The determination of the amount of funding allocated will be based on: 1. Purpose for which funding is to be utilized; 2. Whether another level of government is presently subsidizing this purpose; 3. How the organization has managed funds in the past; 4. The per capita benefit to the community. Process Grant applications will be received and acknowledged by the Museum Curator or designate. The Cultural Advisory Committee shall review all applications and supporting documentation to determine eligibility in accordance with the criteria established. The Cultural Advisory Committee Liaison will advise ineligible applicants of the reason(s) why their application is deemed ineligible or request additional information in order to process the application. The Staff Liaison or designate will advise the applicant of the Committee’s decision and forward the grant amount if approved. All applications are reviewed by committee to ensure the applications meet the eligibility criteria. If an application is deemed ineligible by the committee, the organization will be notified in a timely manner and the organization has 20 days to appeal to the committee in writing, to the Staff Liaison. Following this process a group or individual may appeal to Council through the Council Delegation process by contacting the Deputy Clerk – clerks@tillsonburg.ca 43 Cultural Advisory Committee Grant Application Please enclose the following documents: • A completed & signed application form (please ensure your answers are printed clearly and provide concise answers with brief descriptions) • A list of your current Board of Directors or Committee Members • Most recent Annual Report (if requested) • Your Organization’s audited financial statement or most recent financial statement endorsed by two (2) signing officials (if requested) Return completed form to: Tillsonburg Cultural Advisory Committee c/o Patricia Phelps, Cultural Advisory Committee Staff Liaison, Culture & Heritage Manager/Curator Annandale National Historic Site, 30 Tillson Ave, Tillsonburg, ON N4G 2Z8 (519) 842-2294 pphelps@tillsonburg.ca Applicant information (please print): Organization Contact Name Address Postal Code Telephone Email Address Project/Event Date(s)/Time(s) Start Date Completion Date Is this a new Event? Yes ___ No ___ Have you received grants from the Tillsonburg Cultural Advisory Committee or its predecessor, the Cultural Commission in the past? If so when & how much? Project/Event Title & Purpose If an existing event, please provide a brief history Page 1 of 2 44 Project/Event Description Benefits to Community From Project/Event Total Costs for Project/Event Explanation/Itemization of costs Item Amount Comments $ $ $ $ $ $ Amount of Grant Request $ Other Sources of Funding Received or will receive for this Project/Event Federal $ Provincial $ Municipal $ Private $ Other $_____________ Source _______________________________________________ Total Please list how & where the Project/Event will be promoted/advertised Page 2 of 2 Cultural Advisory Committee Grant Application Continued 45 May 3, 2016 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 46 May 3, 2016 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 47 SITE BENCHMARK r TOP OF HYDRANT ELEV~ 234.71 -roiNI'IUtK ROAD •' .. <$'""' <$'" ' ,~.. ~ -~-_____,.. ,$' co<11<E 'f__---_ ~ -~ ,__--~ . ' -"',t# ... ' ,. <$'" .. ~ .~"'""'""'::...--_..._-<$'" '\' ~ Of --'""' tD_G~--~ 4' ;-.._ .§' '\.,(;>' ~~ "~ ~ \ e£.\.\. ~ \ 4' f'(Of.SII>l-s L'!-0 ' "".;; 2z.Boo X ~"' ' X I ~-0 .t-;." \\ _,.....,. ~:~.'!'"NCI-IMARK X ' I ., f \ ~<§> \ ' ·"' X 1._0 ('I <._0 -\ ' \ ' ~,;. ' X _\:X' ~ r r J ~ ... -.,., ·~~' '); '1''\...J'• ~ _,. ··-~ $' (~\SliNG 1 ~/2 sioRE'< 'J\N'(I.. 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' X •• o-· ' X 1.95 ~f' & """' ' X ~: " ·" X --z; •' ,"/'' ~ :9' ·" \ \ \ \ \ ' X \_0\ ,637 ~ o-· ' X"' <$'" ,..J's" eo~~9• 31• zo" ( x_, ·"' pAf?1 .L} j f? ;'/'~ ' ~ / ~ f(l-!C( z\.BB5 X <$'" .. 9 -J1LJ2 1-'01 \._0 ... #' ' X ,. ·"' X \ " ( '"' \'b ,"' \ \ \ \ ~.:/" ~ \ \ \ \ ~ 0:::: 0 z I 'I 0 -" ~' X # ' X \ '( ___ .!~ ,. ..,~ X SKETCH PREPARED FOR MINOR \1 FOR: LEONARD PILKEY LOT 1637 JUDGE'S PLAN REGI: PLAN No. 500 TOWN OF TILLSONBL COUNTY OF OXFORC SCALE 1:300 0 5 METRIC DISTANCES SHOWN ON THI: BE CONVERTED TO FEET B CAUTION -THIS IS NOT A PLAN OF SURVEY OR Sl BE USED FOR TRANSACTION OR ~NANC -DO NOT CONVEY FROM THIS PLAN -THE PROPOSED BUILDING AND IT'S LOCi SUBJECT TO CHANGES PRIOR TO CONSl NOT BE RELIED UPON AS CERTIFICATIO' CONSTRUCTED AS SHOWN. -ELEVATION OF EXISTING GROUND WATER NOT DETERMINED NOTES (1) -PROPERTY DIMENSIONS ARE FROM S SURVEYING LTD. DATED APRIL 9, 2C (2) -EXISTING GROUND ELEVATIONS MEA~ AND ARE IN METERS (3) -PROPOSED FINAL GRADES ARE SHU (4) -T.F.W. DENOTES TOP OF FOUNC (5) -U.S.F. DENOTES UNDERSIDE OF (6) -SITE BENCHMARK TOP OF HYDRANT HAVING A GEODETIC ELEVATION OF (7) -IT IS THE RESPONSIBILITY OF THE ( OF THE UPPER LIMIT OF THE GROUI CAPACITY AND THE ELEVATION OF PRIOR TO EXCAVATION. (8) -IT IS THE RESPONSIBILITY OF THE C VERIFY THE SITE BENCH MARK PRIC (9) -AREA OF SUBJECT LANDS 1865.5 S -AREA OF SUBJECT LANDS COVERED AND PROPOSED GARAGE ADDITION -PROPOSED LOT COVERAGE 13.3% @ COPYRIGHT 2016 KIM HUSlE[ THE REPRODUCTION, ALTERATION, OR USE PART WITHOUT THE WRITTEN PERMISSION I LTD. IS STRICTLY PROHIBITED KIM HUSTED ONTARIO LA 30 HARVEY SlREET, llW PHONE: 519-842-363S PROJECT: 14-1 0983 48 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-03/16 APPLICATION FOR PERMISSION TO: Town of Tillsonburg Committee of Adjustment MEETING: May 24, 2016 REPORT NUMBER: 2016-120 OWNER: Leonard Pilkey 9 Town Line Road, Tillsonburg ON, N4G 2R5 REQUESTED PERMISSION: Pursuant to Section 45(2) of the Planning Act, the owner proposes to obtain permission to permit the replacement of a legal non-conforming detached garage and to recognize a reduced interior side yard setback. LOCATION: The subject property is described as Lot 1637, Plan 500, in the Town of Tillsonburg. The property is located on the south side of Town Line Road, east of Vienna Road, and is municipally known as 9 Town Line Road. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Service Commercial TOWN OF TILLSONBURG ZONING BY-LAW: Service Commercial SURROUNDING USES: predominantly service commercial and industrial uses, with a church to the north 49 File Number: A-03/16 Report Number 2016-120 Page 2 COMMENTS: (a) Purpose of the Application: The applicant proposes to obtain permission under Section 45(2) of the Planning Act to permit the extension of a legal non-conforming use and recognize a reduced interior side yard setback for the proposed detached garage. The applicant proposes to replace a detached garage that was demolished in April 2016. The former detached garage comprised approximately 60 m2 (645.8 ft2). The applicant proposes to replace the previous structure with a larger garage comprising approximately 133 m2 (1,431.6 ft2). For the Committee’s information, since the current zoning of the property does not permit a single detached dwelling or accessory detached garage, permission is required under Section 45(2). The subject property comprises approximately 1,867 m2 (0.46 ac) and is currently occupied by an existing single detached dwelling. Surrounding uses include predominantly service commercial and industrial uses, with a church to the north. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Aerial Map (2015) with Existing Zoning, shows the location of the subject lands and surrounding properties as well as the existing zoning in the immediate vicinity. Plate 3, Applicant’s Sketch, shows the dimensions and setbacks of the existing single detached dwelling and proposed detached garage. (b) Agency Comments: The application was circulated to a number of public agencies. The following comments were received. The Town Building Services Department had no concern with the proposal, but notes that a grading plan will be required as part of the building permit process. The Town Engineering Services Department indicated that the existing septic system on the subject property is to be located on the proposed site grading plan as part of the building permit submission. The County Public Works Department and County Public Health & Emergency Services Department had no concerns with the proposal. (c) Public Consultation Public Notice was mailed to surrounding property owners on May 5, 2016. As of the writing of this report, no comments or concerns had been received from the public. 50 File Number: A-03/16 Report Number 2016-120 Page 3 (d) Planning Review: The subject property is designated ‘Service Commercial’ according to the County Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Section 10.3.5 - ZONING BY-LAWS AND NON-CONFORMING USES also states that the Committee of Adjustment may permit the extension or enlargement or change of use of a legally established land use which does not conform to the Official Plan and the local area municipal Zoning By-law. In evaluating such applications, the Committee shall consider the following criteria:  the use has been continuous from the day the zoning by-law came into effect;  there will be no extension of the site or building beyond the limits of the land owned and used from the effective date (of the by-law);  permission for the extension, enlargement or change in the non-conforming use is in keeping with the general intent of the Official Plan and will not aggravate those aspects of the use that do not conform to the Official Plan and zoning bylaw.  that existing municipal services such as water, sewers, stormwater management facilities and roads will be adequate;  that there are adequate parking and loading facilities to accommodate the proposed use;  that the proposed extension, enlargement or change in use will not adversely affect desirable development in adjacent areas which are in conformity with the Official Plan and zoning by-law;  that the proposed extension, enlargement or change in use would include measures that will reduce nuisances, protect adjacent properties and improve the compatibility of the use with the surrounding areas; and,  that the extension, enlargement or change in use is necessary to avoid undue hardship to the applicant, provided that all other criteria have been met, there are no negative effects on environmental resources identified in Section 3.2 and the proposed use is more compatible than the existing use relative to the relevant Official Plan policies. In considering such applications for permission, the policies also state that the Committee of Adjustment may attach such conditions as it deems appropriate to the approval of an application within its jurisdiction to extend, enlarge or change a legal non-conforming use. It is the opinion of Planning staff that this application complies with the criteria of Section 10.3.5. The residential use of the property was established some time ago and there will be no extension beyond the limit of the subject property. The permission is also in keeping with the general intent of the Official Plan and it is not anticipated that the proposed structure will have any further impacts on matters such as storm water management, grading and drainage. With regard to the proposed interior side yard setback, Staff note that the former detached garage was located 1.4 m (4.6 ft) from the westerly interior property line, as is proposed for the new structure. In this regard, as the new garage will maintain the same interior side yard as the previous structure and the proposed setback will continue to provide adequate space for drainage and building maintenance as required, it is not anticipated that the proposal will have any further impacts on neighbouring properties. It should also be noted that while the proposed accessory building is larger then what is typically permitted for a residential use, the lands are zoned ‘SC’ and the residential accessory use provisions do not apply. 51 File Number: A-03/16 Report Number 2016-120 Page 4 Upon review of the application it was also determined that the existing septic system on the property is located in the approximate location of the proposed detached garage. While the exact location of the garage will be reviewed during the building permit process, Staff recommend that a condition be included to ensure the proposed structure is located outside of the area occupied by the existing septic system. In this respect, the location of the previous detached garage would be appropriate. In light of the foregoing, Planning staff are of the opinion that the applicant’s proposal conforms to the Official Plan review criteria for applications requesting permission to expand or enlarge an existing legal non-conforming land use. (e) Summary: It is the opinion of this Office that the proposal complies with the criteria as outlined in Section 45(2) of the Planning Act and complies with the policy direction set out in Section 10.3.5 of the County Official Plan with respect to the extension of non-conforming uses. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-03/16, submitted by Leonard Pilkey, for lands described as Lot 1637, Plan 500, Town of Tillsonburg, to facilitate the replacement of a legal non-conforming detached garage and recognize a reduced interior side yard setback; subject to the following condition: i. The proposed detached garage be located outside of the area occupied by the existing septic system on the subject property, to the satisfaction of the Town Building Services Department. Authored by: original sign by Rebecca Smith, Development Planner Approved for submission by: original sign by Gordon Hough, RPP, Director RS May 17, 2016 52 May 3, 2016 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) 53 May 3, 2016 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 510 Notes NAD_1983_UTM_Zone_17N 26 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) 54 SITE BENCHMARK r TOP OF HYDRANT ELEV~ 234.71 -roiNI'IUtK ROAD •' .. <$'""' <$'" ' ,~.. ~ -~-_____,.. ,$' co<11<E 'f__---_ ~ -~ ,__--~ . ' -"',t# ... ' ,. <$'" .. ~ .~"'""'""'::...--_..._-<$'" '\' ~ Of --'""' tD_G~--~ 4' ;-.._ .§' '\.,(;>' ~~ "~ ~ \ e£.\.\. ~ \ 4' f'(Of.SII>l-s L'!-0 ' "".;; 2z.Boo X ~"' ' X I ~-0 .t-;." \\ _,.....,. ~:~.'!'"NCI-IMARK X ' I ., f \ ~<§> \ ' ·"' X 1._0 ('I <._0 -\ ' \ ' ~,;. ' X _\:X' ~ r r J ~ ... -.,., ·~~' '); '1''\...J'• ~ _,. ··-~ $' (~\SliNG 1 ~/2 sioRE'< 'J\N'(I.. SIDED RESIOENi\.1>.\... oW'C.IJ_.ING I \ X ~p~ \ J X \ :-. ..f\ .,.. \ \ \ \ ..... ~~ X \_,.'!1' '( ,. o-· ' i~ X ,/' ' X ,. o-· ' X "" o-· ' X ~:8 '!" /' • X .-1'~ \ \ \ 'i ~~ \ ~ \ ... ,IS ~';;, \¥'" 11 -;, \ \"' J\ .,.,. ~ ,I I i c;,n~ ~ .... ,I I •' \1~ .,.. ' X II <) .... o-ff ' B.01 X ~ ~ ~ \ \ \ \ \ \ ho .;:' ' X \ ,;. ~~ ' \ \ \~ \ \ \ \ ,;>~ ' X \ \;?' ' \ \ \ \ \ \ ,¥ ' X "" 1AO rRoros(D Gf>.Rf>.G( \32.6 so. \A(\(RS ~-""' 'o "' 11 ·"' '( \ \ \ \ \.0 ('I 1_0 ....-' '\.--'" 'n G:\ --- \ \ \ y 0 _.:\ \ \ & ~,;. • X ~,;. • X 'tl e I #':'f ;; ~ ,.? ' X w.BO ,. ,.. ' X ,. .. ip X ., :1 ,, ,.. ' X •• o-· ' X 1.95 ~f' & """' ' X ~: " ·" X --z; •' ,"/'' ~ :9' ·" \ \ \ \ \ ' X \_0\ ,637 ~ o-· ' X"' <$'" ,..J's" eo~~9• 31• zo" ( x_, ·"' pAf?1 .L} j f? ;'/'~ ' ~ / ~ f(l-!C( z\.BB5 X <$'" .. 9 -J1LJ2 1-'01 \._0 ... #' ' X ,. ·"' X \ " ( '"' \'b ,"' \ \ \ \ ~.:/" ~ \ \ \ \ ~ 0:::: 0 z I 'I 0 -" ~' X # ' X \ '( ___ .!~ ,. ..,~ X SKETCH PREPARED FOR MINOR \1 FOR: LEONARD PILKEY LOT 1637 JUDGE'S PLAN REGI: PLAN No. 500 TOWN OF TILLSONBL COUNTY OF OXFORC SCALE 1:300 0 5 METRIC DISTANCES SHOWN ON THI: BE CONVERTED TO FEET B CAUTION -THIS IS NOT A PLAN OF SURVEY OR Sl BE USED FOR TRANSACTION OR ~NANC -DO NOT CONVEY FROM THIS PLAN -THE PROPOSED BUILDING AND IT'S LOCi SUBJECT TO CHANGES PRIOR TO CONSl NOT BE RELIED UPON AS CERTIFICATIO' CONSTRUCTED AS SHOWN. -ELEVATION OF EXISTING GROUND WATER NOT DETERMINED NOTES (1) -PROPERTY DIMENSIONS ARE FROM S SURVEYING LTD. DATED APRIL 9, 2C (2) -EXISTING GROUND ELEVATIONS MEA~ AND ARE IN METERS (3) -PROPOSED FINAL GRADES ARE SHU (4) -T.F.W. DENOTES TOP OF FOUNC (5) -U.S.F. DENOTES UNDERSIDE OF (6) -SITE BENCHMARK TOP OF HYDRANT HAVING A GEODETIC ELEVATION OF (7) -IT IS THE RESPONSIBILITY OF THE ( OF THE UPPER LIMIT OF THE GROUI CAPACITY AND THE ELEVATION OF PRIOR TO EXCAVATION. (8) -IT IS THE RESPONSIBILITY OF THE C VERIFY THE SITE BENCH MARK PRIC (9) -AREA OF SUBJECT LANDS 1865.5 S -AREA OF SUBJECT LANDS COVERED AND PROPOSED GARAGE ADDITION -PROPOSED LOT COVERAGE 13.3% @ COPYRIGHT 2016 KIM HUSlE[ THE REPRODUCTION, ALTERATION, OR USE PART WITHOUT THE WRITTEN PERMISSION I LTD. IS STRICTLY PROHIBITED KIM HUSTED ONTARIO LA 30 HARVEY SlREET, llW PHONE: 519-842-363S PROJECT: 14-1 0983 55 Site Photos A-03/16 – Pilkey View of Existing Single Detached Dwelling on Subject Property 56 ~~M o 2 lOin FORM 1 PLANNING ACT, 1990 TION FOR MINOR VARIANCE OR PERMISSION Town of Tillson burg Committee of Adjustment Fee $350.00 Town Corporate Office Department of Development & Communication Services 200 Broadway, znd Floor Tillsonburg ON N4G 5A7 The undersigned hereby applied to the Committee of Adjustment for the Town ofTillsonburg under Section 44 of the Planning Act, 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Name and Address of Owner Name and Address of Applicant/Agent (if applicable) k eo l\dv c\ rl \\\e 'I q To'-"" \11\e tc\ T' \~ so.,...\o~,...ct Postal Code: I Telephone Number: Postal Code: I Telephone Number: i\1 '+ G d-R5 I 51'1 S''-t;;L o9 &-3 I Email: bu.<),,_ t\o,'\ lJ-@ h~t""'''\ • (<>V"\ Email: I. Name and addresses of any mortgagees, holders of charges or other encumbrances: U5i-CJi-.II?'U/.:, 2. Nature and extent of relief applied for: To be completed by the ap licant. (include By-Law Section if known) Sec..Ho I · ·;;t -Se..f'"VI'c.e-Co"'"-CJ"""t:.< 'Zo~ ro...,.:::3tD-\_~ h.h;............._ '" k<-v'-if :>>-k ...,-J.... ,,.,,-...L11.. &&~«~ ktPu.:45? ¥. s·e~ /, t/o m I For office use only 3. Why is it not possible to comply with the Provision of the By-Law? 'S ~"--~ 9 rop ~ 4. Legal Description of Subject land: Lot Number(s) ---1-/-'t/..C.....J'L.Ll ________ Plan Number or Concession __ 5£"---"'-D"-'OOL ____ _ Part Number(s) ------------~Reference Plan Number __________ _ --Street Address (if any) --"1-t----'l,_,.o,v-o=""-"'l"-'''-', ~"'='------'I'Lol_=_..,_ _______________ _ The lot is located on the S oo ~ side of the Street lying between V\e.""'""'--Street and -'1---f"<>.....,'-"j--="r-------Street Page 1 of 5 57 5. Dimensions ofland affected: Frontage-----"~--'~='--a~··"'~-"0'--'""-"""----Depth (average) _ _,t$....,.._J"-"-", J'."-'J~· =2:.....:::·+-=--------- Area ________ __:_ ____ Width of Street----------------- 6. Particulars of all buildings and structures on or proposed for the subject land: (specifY ground floor area, gorss floor area, number of storeys, width, length, height, etc.) Existing: t-l"' <-k.-1 ~ Proposed: 0-<>"<..}< 1 f'<--~ l ... C<P. ~ 'j) ~ L 7. Location of all buildings and structures on or proposed for the subject land: (specifY distance form side, rear and front lot lines.) Please attach a sketch plan with measurements. Existing: '5' OLC_ Proposed: ;;;_<?_c 8. Date of acquisition of subject land: _ _,2-=o~o'-.S=--------------------- 9. Date of Construction of all buildings and structures on subject land (if known): _________ _ 10. Existing uses of the subject property --'(1...,_='-'s'-';--'~"""""'""'J.-..._ ________________ _ II. Existing uses of abutting properties: C....~.rt... -.J... l I.J.. "'-<.)-\-,A)cJ...._ ' 12. Length oftime the existing uses of the subject property have continued: S •-.._ b '"'-'-' LJ-- 13. Municipal Services available (please check all appropriate boxes) G;Ll Water [9-ci}nnected ~ Sanitary Sewers 0 Connected ezl'-storm Sewers Page 2 of 5 58 14. Present Official Plan Provisions applying to the land: 5e r ..Je, (!;;, . .,.._~J 15. Present Zoning by-Law provisions applying to the land: __ S..._.,_,e.='"-'"'-'''-' u._=,__,(,_,.D.,-= ..... ,_..._,...,_..=='..-\:::._:'------ 16. Has the owner previously applied for relief in respect of the subject property? D Yes 00 No If the answer is yes, describe briefly--------------------------- 17. Is the subject property the subject of a current application for consent under Section 53 of the Planning Act, !990? D Yes [j(f No THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS 1/We ~ R:JtAa,d A {key of the _ _,T..!.Ic.u<O.LI!I\~ __ of_'J..u'wl.._,l So"""-"'"'"'"6'-"u.....,l,__,f:J"~------ In the (-o c.n·d '/ of ~b::_.:'Llb.J_f~e "'~c-\~.r----- DO SOLEMNLY DELCIARE THAT: All of the prescribed information contained in the is application is true and that the information contained in the documents that may·accompany this application is true and I make the solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of the Canada Evidence Act. DECLARED before me at the __ .-.--"-lo"'uJ"""-'11/"------- in the Of ffi L SO/t/£3 U («; Co<fJ:;y OF 0 ifO!W J.NIJ This day of ...1./Y)~f/uY _____ _c;d~0"-1/~t:.~ SHELLEY JEAN VEIT, a commissioner, etc. __ ..J()ilL.lL/..Je£T~·:!...-__________ P:..:I'OVI=·nce of ontario, for the Corporation of the Town ofTIIIsonburg A Commissioner for Taking affidavits Expires November 9, 2017 For Office use Only Owner(s)/ Applicant Page 3 of 5 59 COUNCIL REPORT MAYOR’S OFFICE Report Title: UPDATE –County of Oxford Report No.: MYR 16-06 Author: Mayor Molnar Meeting Type: COUNCIL MEETING Council Date: MAY 24, 2016 Attachments: RECOMMENDATION: THAT Council receives report MYR 16-06 as information. EXECUTIVE SUMMARY The purpose of this report is to provide information regarding any reports and recommendations from local representation at Oxford County Council. CONSULTATION/COMMUNICATION As a result of the effort to expand access to knowledge and information for Town Council and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this type of report will further satisfy mandates as reinforced in the Community Strategic Plan to provide for a more accessible and open governance model. INFORMATION • A Human Services Report (HS 2016-05) regarding investment in Affordable Housing supported two individual projects in the County. The Investment in Affordable Housing (IAH) revenues supported a 20 unit facility at 381 Dundas (Woodstock) while County Housing Reserves will contribute to an additional 26 units at 18 Vansittart Avenue (Woodstock). One qualified applicant (CLT Properties of Tillsonburg) was not successful at this time. • The application for Official Plan Amendment (OP 16-01-7) for dental office at 584 Broadway in Tillsonburg as previously supported by County Council on April 13, received 3rd and Final reading of By-law on April 27. 60 • Information contained in Report PW 2016-20 focused on a performance update of the Tillsonburg Drinking Water System for the year 2015. The MOECC Rating of 98% (Compared to 2014 – 96%) indicated one non-compliance issue that has been rectified. FINANCIAL IMPACT/FUNDING SOURCE Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require approval by Municipal Council or direction from corporate staff. APPROVALS: Author: Mayor Molnar Date: 5/24/16 Page 2 / 2 CAO 61 Report Title 2015 DRAFT FINANCIAL STATEMENTS Report No. FIN 16-22 Author JANELLE COSTANTINO Meeting Type Council Meeting Council Date MAY 24, 2016 Attachments DRAFT FINANCIAL STATEMENTS RECOMMENDATION THAT Council receives report FIN16-22 2015 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2015 be approved; AND THAT the 2015 Independence and Management Letters be received; AND FURTHER THAT the 2015 surplus of $88,486 be contributed to reserves. EXECUTIVE SUMMARY To provide Council with the 2015 Draft Financial Statements and the 2015 Independence and Management Letters. BACKGROUND The Auditor, Christene Scrimegeour, will be presenting the 2015 Draft Financial Statements and the 2015 Independence and Management Letters to Council. FINANCIAL IMPACT/FUNDING SOURCE The 2015 surplus previously reported to Council at the meeting of February 25, 2016 was $314,514. During the year end process, the following financial adjustments were made resulting in a 2015 final audited surplus of $88,486: 2015 Previously stated surplus $314,514 2015 Funded Vacation (135,000) Insurance deductible (21,820) Municipal Taxes – Adjustments & Reclasses (97,198) Other - net $27,990 2015 Revised surplus $88,486 COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 1 / 1 FIN16-22 2015 Draft Financial Statements 62 TOWN OF TILLSONBURG CONSOLIDATED FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2015 63 TOWN OF TILLSONBURG CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 -1-Independent Auditor's Report -2-Statement of Consolidated Financial Position -3-Statement of Consolidated Operations and Accumulated Surplus -4-Statement of Consolidated Cash Flows -5-Statement of Consolidated Change in Net Financial Assets -6- to -15-Notes to the Consolidated Financial Statements -16-Schedule 1 - Schedule of Consolidated Tangible Capital Assets -17-Schedule 2 - Schedule of Consolidated Segmented Information 64 -1- INDEPENDENT AUDITOR'S REPORT To the Members of Council, Inhabitants and Ratepayers of the Town of Tillsonburg: I have audited the accompanying consolidated financial statements of Town of Tillsonburg, which comprise the Consolidated Statement of Financial Position as at December 31, 2015 and the Consolidated Statements of Operations and Accumulated Surplus, Cash Flows, and Change in Net Financial Assets for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these consolidated financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Opinion In my opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Town of Tillsonburg as at December 31, 2015 and its financial performance and its changes in cash flows and net financial assets for the year then ended in accordance with Canadian public sector accounting standards. May 24, 2016 London, Canada LICENSED PUBLIC ACCOUNTANT 65 -2- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2015 2015 2014 FINANCIAL ASSETS Cash $2,511,209 $2,915,224 Investments (note 7)31,931 32,259 Taxes receivable 1,045,270 1,154,761 Accounts receivable 2,176,724 2,767,210 Due from unconsolidated entities (note 15)1,073,562 574,799 Other long-term assets (note 5)1,856,267 1,860,197 Investment in Tillsonburg Hydro Inc. (note 12)9,204,634 8,659,867 17,899,597 17,964,317 LIABILITIES Accounts payable and accrued liabilities 2,956,155 2,964,024 Other current liabilities 1,402,560 1,012,541 Accrued employee benefits (notes 8, 13 and 14)703,307 861,042 Deferred revenue (note 9)1,849,196 2,045,017 Long-term debt (note 10)10,030,541 10,928,893 16,941,759 17,811,517 NET FINANCIAL ASSETS 957,838 152,800 NON-FINANCIAL ASSETS Tangible capital assets - Schedule 1 53,178,924 52,712,458 Capital work in progress 478,296 1,307,479 Inventories 26,591 33,505 Prepaid expenditures 462,928 33,748 54,146,739 54,087,190 ACCUMULATED SURPLUS (page 3)$55,104,577 $54,239,990 The accompanying notes are an integral part of these financial statements. 66 -3- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2015 Budget Actual Actual 2015 2015 2014 REVENUE Property taxation $13,149,475 $13,223,917 $13,041,470 User charges 3,677,352 4,005,258 4,208,266 Government grants 657,119 694,020 482,748 Investment income 190,000 215,277 247,742 Penalty and interest on taxes 168,000 180,412 174,170 Donations 25,500 23,387 30,076 17,867,446 18,342,271 18,184,472 EXPENDITURES General government 2,180,691 2,949,758 2,712,245 Protection to persons and property 5,340,490 5,347,301 5,659,066 Transportation services 3,209,542 4,586,646 4,640,670 Environmental services 539,618 557,830 530,040 Health services 260,928 293,175 304,112 Recreation and cultural development 4,171,020 4,731,322 4,441,856 Planning and development 422,290 707,039 780,006 16,124,579 19,173,071 19,067,995 EXCESS OF REVENUE OVER EXPENDITURES (EXPENDITURES OVER REVENUE)1,742,867 (830,800)(883,523) OTHER Gain (loss) on disposal of tangible capital assets -(628,968)(13,846) Equity acquired in Tillsonburg Hydro Inc. (note 12)-544,767 457,286 Government transfers related to capital 254,870 964,532 112,103 Donations and other revenue related to capital 257,250 800,036 182,768 Developer contributions-in-kind related to capital 60,000 15,020 186,526 572,120 1,695,387 924,837 Excess of revenue over expenditures 2,314,987 864,587 41,314 ACCUMULATED SURPLUS, BEGINNING OF YEAR 54,239,990 54,239,990 54,198,676 ACCUMULATED SURPLUS, END OF YEAR (note 11)$56,554,977 $55,104,577 $54,239,990 The accompanying notes are an integral part of these financial statements. 67 -4- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2015 2015 2014 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess of revenue over expenditures (page 3)$864,587 $41,314 Non-cash changes to operations Amortization 2,446,252 2,393,308 Loss on disposal of tangible capital assets 721,794 82,251 Net change in non-cash operating balances (A)233,738 131,338 Net change in cash from operating activities 4,266,371 2,648,211 CAPITAL Acquisition of tangible capital assets (3,634,512)(1,189,620) Decrease (increase) in work in progress 829,183 (1,130,316) (Increase) decrease in other non-financial assets (422,266)294,579 Net change in cash from capital activities (3,227,595)(2,025,357) INVESTING Net change in investment in Tillsonburg Hydro Inc. (note 12)(544,767)(457,286) FINANCING Net change in long-term debt (note 10)(898,352)(1,009,156) Net change in cash and cash equivalents during the year (404,343)(843,588) CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 2,947,483 3,791,071 CASH AND CASH EQUIVALENTS, END OF YEAR $2,543,140 $2,947,483 COMPRISED OF: Cash $2,511,209 $2,915,224 Investments 31,931 32,259 $2,543,140 $2,947,483 (A) Non-cash operating balances includes taxes and accounts receivable, due from unconsolidated entities, other long-term assets, accounts payable and accrued liabilities, other current liabilities, accrued employee benefits and deferred revenue. The accompanying notes are an integral part of these financial statements. 68 -5- TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2015 2015 2014 Excess of revenue over expenditures (page 3)$864,587 $41,314 Amortization of tangible capital assets 2,446,252 2,393,308 Acquisition of tangible capital assets (3,634,512)(1,189,620) Loss on sale of tangible capital assets 721,794 82,251 Decrease (increase) in work in progress 829,183 (1,130,316) Disposal of (acquisition of) supplies inventory 6,914 (5,069) (Acquisition of) disposal of prepaid expenditures (429,180)299,649 Increase (decrease) in net financial assets 805,038 491,517 NET FINANCIAL ASSETS (LIABILITIES), BEGINNING OF YEAR 152,800 (338,717) NET FINANCIAL ASSETS, END OF YEAR $957,838 $152,800 The accompanying notes are an integral part of these financial statements. 69 -6- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 The Town of Tillsonburg (the Town), is a Town in the Province of Ontario, Canada. It conducts its operations guided by the provisions of provincial statutes such as the Municipal Act, Municipal Affairs Act and related legislation. 1.Significant accounting policies The consolidated financial statements of the Corporation of the Town of Tillsonburg are prepared by management in accordance with Canadian public sector accounting standards. The focus of these consolidated financial statements is on the financial position of the Town and changes thereto. The Consolidated Statement of Financial Position reports financial assets and liabilities. Financial assets are available to provide resources to discharge existing liabilities or finance future operations. Net financial assets represent the financial position of the Town and is the difference between financial assets and liabilities. This information presents the Town's overall future revenue requirements and its ability to finance activities and meet its obligations. The following outlines the significant accounting policies: a.Reporting entity These consolidated financial statements reflect the assets, liabilities, revenue, expenditures and accumulated surplus and changes in investment in non-financial assets of the Town. The reporting entity includes the activities of all committees of Council and the following boards, municipal enterprises and utilities which are under the control of Council: Tillsonburg Business Improvement Area Board of Management All interfund assets and liabilities and revenue and expenditures have been eliminated. The following local boards, joint local boards, municipal enterprises and utilities are not consolidated: Tillsonburg Waterworks Department Tillsonburg Sanitary Sewer Department Government business enterprises are separate legal entities that do not rely on the Town for funding. Investments in government business enterprises are accounted for using the modified equity method. Tillsonburg Hydro Inc. is a government business enterprise and the Town's investment in this corporation is reflected in these consolidated financial statements. 70 -7- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 1.Significant accounting policies continued b.Accounting for County and School Board transactions The taxation, other revenue, expenditures, assets and liabilities with respect to the operations of the School Boards, and the Town of Tillsonburg are not reflected in the operations in these consolidated financial statements. c.Trust funds Trust funds and their related operations administered by the Town are not consolidated, but are reported separately on the Trust Funds Statements of Financial Position and Statement of Operations. d.Accrual accounting The accrual basis of accounting recognizes revenue as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. e.Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenue over expense, provides the Consolidated Change in Net Financial Assets for the year. Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The costs, less residual value, of the tangible capital assets are amortized on a straight-line basis over their estimated useful lives as follows: Land improvements 25-50 years Buildings and structures 30-70 years Leasehold improvements term of lease Vehicles 3-20 years Information technology 3-10 years Equipment 5-40 years Roads 20-50 years Bridges and other structures 40-50 years 71 -8- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 1.Significant accounting policies continued e. Non-financial assets continued The Town has a capitalization threshold of $5,000 to $25,000, depending on the nature of the assets, so that individual assets of lesser value are expensed unless they are pooled because collectively they have a significant value. Leases are classified as capital or operating leases. Leases which transfer substantially all of the benefits and risks incidental to ownership of property are accounted for as capital leases. All other leases are accounted for as operating leases and the related lease payments are charged to expense as incurred. Tangible capital assets received as contributions are recorded at their fair value at the date of receipt. The fair value is also recorded as contributed revenue. f. Inventories Inventories held for consumption are recorded at the lower of cost or replacement cost. g.Revenue recognition Government grants and transfers are recognized in the financial statements as revenue in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. h.Deferred revenue Grants, contributions and other amounts are received from third parties pursuant to legislation, regulation or agreement and may only be used in the conduct of certain programs, in the completion of specific work, or for the purchase of tangible capital assets. In addition, certain user charges and fees are collected for which the related services have yet to be performed. Revenue is recognized in the period when the related expenditures are incurred, services performed, or the tangible capital assets are acquired. i. Financial instruments Financial instruments of the Town consist mainly of cash, investments, accounts and taxes receivable. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. j.Use of estimates The preparation of consolidated financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements, and the reported amounts of revenue an expenditures during the period. Actual results could differ from these estimates. 72 -9- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 2.Tax revenue Property tax billings are prepared by the Town based on an assessment roll prepared by the Ontario Property Assessment Corporation. All assessed property values in the Town were reviewed and new values established based on a common valuation date which was used by the Town in computing the 2015 property tax bills. Property tax revenue and tax receivables are subject to appeals which may not have been heard yet. Any supplementary billing adjustments, made necessary by the determination of such appeals, will be recognized in the fiscal year they are determined and the effect shared with the Town and the appropriate School Boards. 3.Trust funds Trust funds administered by the Town amounting to $1,165,374 (2014 - $1,187,875) have not been included in the Consolidated Statement of Financial Position nor have their operations been included in the Consolidated Statement of Operations and Accumulated Surplus. 4.Operations of School Boards and the County of Oxford Further to note 1, the taxation revenue of the School Boards and Town are comprised of the following: School Boards County Taxation $5,500,761 $7,724,591 Requisitions $5,500,761 $7,724,591 5. Other long-term assets Included in other long-term assets as at December 31, 2015, is land held for resale of $1,830,055 (2014 - $1,827,011). Certain of these lands are included in the assets of the reserve funds in note 11. 73 -10- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 6.Pension agreements The Town makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of members of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2015 was $650,057 (2014 - $568,688) for current service and is included as an expenditure on the Consolidated Statement of Operations. 7.Investments Investments of $31,931 (2014 - $32,259) are recorded at their market value and are short-term in nature. Investments consist of money market funds, which have a market value approximating cost. 8.Liability for vested sick leave benefits Effective January 1, 2000, the sick leave benefit plan was replaced by a short-term protection plan. Accumulation of sick leave benefits ceased December 31, 1999. Employees with accumulated sick leave benefits are entitled to receive payment of a maximum of fifty percent of their accumulated sick leave benefit as of December 31, 1999. Payments cannot be made in excess of 130 days. The liability for these accumulated days, to the extent that they have vested and could be taken in cash by the employee, approximated $14,475 (2014 - $41,416) at the end of the year. The full amount of this liability has been accrued on the Consolidated Statement of Financial Position. The anticipated payments in subsequent years are not determinable at this time. 9.Deferred revenue A requirement of the Canadian public sector accounting standards is that obligatory reserve funds be reported as deferred revenue. This requirement is in place as provincial legislation restricts how these funds may be used and under certain circumstances these funds may possibly be refunded. The balances in the obligatory reserve funds of the Town are summarized as follows: 2015 2014 Development charges $1,358,965 $1,147,602 Federal gas tax 204,356 649,754 Building 149,924 178,990 Deferred operating revenue 135,951 68,671 $1,849,196 $2,045,017 74 -11- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 10. Long-term debt 2015 2014 a.Long-term debt outstanding, end of the year $10,030,541 $10,928,893 b.Of the net term liabilities reported in a. of this note, $4,891,836 in principal payments are payable from 2016 to 2020, $2,682,805 is payable in 2021 to 2025 and $2,455,900 is payable thereafter. c.Approval of the Ontario Municipal Board has been obtained for the long-term liabilities and commitments to be financed by revenue beyond the term of Council and approved on or before December 31, 1992. Those approved after January 1, 1993 have been approved by by-law. The principal and interest payments required to service these pending issues and commitments are within the debt repayment limit prescribed by the Ministry of Municipal Affairs. d.The Town is not contingently liable for any long-term debt with respect to an unconsolidated local board at December 31, 2015. e.Included in the long-term debt is a capital lease of $49,446 (2014 - $69,798) incurred to finance capital equipment. The lease expires in 2018. f.Interest, for the year, for net long-term debt which is reported on the Consolidated Statement of Operations and Accumulated Surplus is as follows: 2015 2014 $469,900 $528,517 75 -12- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 11. Accumulated surplus The accumulated surplus on the Consolidated Statement of Financial Position at the end of the year are comprised of the following: 2015 2014 Operating surplus (deficits) - Revenue fund $88,486 $62,671 Invested in tangible capital assets 42,561,124 41,447,503 Investment in Tillsonburg Hydro Inc. (note 12)9,204,634 8,659,867 Unfunded liability for unused vacation (note 14)(134,797)(269,797) Reserves set aside for specific purpose - for acquisition of capital assets and general purposes 3,385,130 4,339,746 Accumulated surplus $55,104,577 $54,239,990 12. Investment in Tillsonburg Hydro Inc. The Town accounts for its 100% investment in Tillsonburg Hydro Inc. using the modified equity method. Under this method, the accounting policies of Tillsonburg Hydro Inc. are not adjusted to conform to those of the Town. In subsequent years, the cost of this investment is increased by the earnings or decreased by the losses of Tillsonburg Hydro Inc. Tillsonburg Hydro Inc. prepares their financial statements in accordance with International Financial Reporting Standards ("IFRS"). Condensed financial information of Tillsonburg Hydro Inc. is as follows: 2015 2014 Statement of Financial Position as at December 31: Current assets $6,551,543 $5,481,801 Property, plant and equipment 9,913,580 9,646,971 Regulatory assets 212,035 222,315 Non-regulatory assets 89,109 103,882 $16,766,267 $15,454,969 Current liabilities $3,688,269 $3,049,207 Long-term liabilities 2,682,977 2,555,508 Equity 10,395,021 9,850,254 $16,766,267 $15,454,969 76 -13- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 12.Investment in Tillsonburg Hydro Inc. continued Statements of Comprehensive Income and Retained Earnings: 2015 2014 Power revenue $23,698,378 $22,080,572 Cost of power 23,698,378 22,080,572 Gross margin -- Distribution revenue 3,651,920 3,545,666 Net non-utility revenue 32,762 15,127 Expenditures 2,871,415 2,894,117 Net operating revenue 813,267 666,676 Provision for taxes 118,500 59,390 Net earnings for the year, before dividends 694,767 607,286 Dividends 150,000 150,000 Return of capital -- Net change in investment in Tillsonburg Hydro Inc.$544,767 $457,286 Opening, Investment in Tillsonburg Hydro Inc.$8,659,867 $8,202,581 Net change in investment in Tillsonburg Hydro Inc.544,767 457,286 Closing, Investment in Tillsonburg Hydro Inc.$9,204,634 $8,659,867 13. Post-employment benefit liability Included in the accrued employee benefits is an amount for post-employment benefits of $56,305 (2014 - $77,474). The Town provides certain employee benefits which will require funding in future periods. An internal estimate of future liabilities was completed and forms the basis for the estimated liability reported in these consolidated financial statements. 77 -14- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 14.Liability for vacation credits During 2014, the Town determined that under their vacation plan, some vacation credits are earned as at December 31 of each year, but are generally not utilized until a later date. These credits are available to employees to take in future periods. The approximate value of these credits at December 31, 2015 are $134,797 (2014 - $269,797). This amount will be funded in future periods. 15.Due from unconsolidated entities The banking activities of the following entities are administered by the Town. Accordingly, the amount due from these entities represents the net working capital position between the Town and the entity as follows: 2015 2014 Tillsonburg Hydro Inc.$740,651 $304,949 Town of Tillsonburg - Waterworks Department 211,360 185,589 Town of Tillsonburg - Sanitary Sewer Department 121,551 84,261 $1,073,562 $574,799 16. Budget figures The Town's Council completes separate budget reviews for its operating and capital budgets each year. The approved operating budget for 2015 is reflected on the Consolidated Statement of Operations and Accumulated Surplus. For capital spending, budgets are set for individual projects and funding for these activities is determined annually and made by transfers from reserve funds and by the application of applicable grants or other funds available to apply to capital projects. 17. Contingent liabilities The Public Sector Accounting Board of CPA Canada released a standard, 3510, related to contaminated sites. This standard requires municipalities to evaluate sites owned by the municipality and the associated costs, if any, to remediate such sites, as well as financial statement presentation and criteria to recognize these costs. The Town received an order from the Ministry of Natural Resources to clean up the discharge from a failing abandoned oil well. The source well is under an existing road embankment, however, the exact location is not apparent. The responsibility for the cost to clean up and plug the abandoned oil well is in dispute. The matter has been referred to legal counsel and the outcome is not determinable at this time. The Town is not aware of any other contaminated sites. 78 -15- TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2015 18.Contingent liability The Town received correspondence from the Ontario Workplace Safety and Insurance Board (WSIB) which estimates the cost to the Town of future benefits payable under presumptive cancer legislation for volunteer firefighters of $92,832. This estimate was prepared by WSIB using Province wide estimates based on actuarial assumptions. This liability has not been accrued in the financial statements. 19. Public sector salary disclosure There were ten employees in 2015 paid a salary, as defined in the Public Sector Disclosure Act, 1996, of $100,000 or more. 20.Comparative balances Certain comparative balances have been reclassified to conform with the current year's financial statement presentation. 21.Segmented information Segmented information is presented on Schedule 2. The Town is a diversified municipality and provides a wide range of services to its citizens including police, fire, transportation and community services, including recreation and planning. The general government segment includes such functions as finance and information services, council and administrative offices. 79 -16- Schedule 1 TOWN OF TILLSONBURG CONSOLIDATED SCHEDULE OF SEGMENTED INFORMATION FOR THE YEAR ENDED DECEMBER 31, 2015 Buildings Furniture and Computer Transportation Roads and Communication Other 2015 2014 Land and Fixtures Equipment Hardware Equipment Bridges Equipment Equipment Total Total COST Balance, beginning of year $1,881,721 $21,177,120 $125,004 $1,027,967 $5,427,255 $55,438,676 $1,564,176 $3,098,337 $89,740,256 $88,913,885 Add: Additions during the year -453,694 -65,144 1,001,943 1,944,272 -169,459 3,634,512 1,189,620 Less: Disposals during the year -(8,648)--(343,224)(902,124)-(164,915)(1,418,911)(363,249) Balance, end of year 1,881,721 21,622,166 125,004 1,093,111 6,085,974 56,480,824 1,564,176 3,102,881 91,955,857 89,740,256 ACCUMULATED AMORTIZATION Balance, beginning of year -7,205,591 83,790 707,568 3,810,305 22,610,377 185,025 2,425,142 37,027,798 34,915,487 Add: Amortization during the year -454,194 8,517 109,047 361,591 1,253,703 95,707 163,493 2,446,252 2,393,308 Less: Disposals during the year -(6,370)--(343,224)(209,820)-(137,703)(697,117)(280,997) Balance, end of year -7,653,415 92,307 816,615 3,828,672 23,654,260 280,732 2,450,932 38,776,933 37,027,798 NET BOOK VALUE OF TANGIBLE CAPITAL ASSETS $1,881,721 $13,968,751 $32,697 $276,496 $2,257,302 $32,826,564 $1,283,444 $651,949 $53,178,924 $52,712,458 This schedule is provided for information purposes only. 80 -17- Schedule 2 TOWN OF TILLSONBURG CONSOLIDATED SCHEDULE OF SEGMENTED INFORMATION FOR THE YEAR ENDED DECEMBER 31, 2015 General Protective Recreation and Planning and Government Services Transportation Environmental Health Services Culture Development Total REVENUE Property taxation $12,974,284 $-$138,332 $-$-$-$111,301 $13,223,917 User charges 686,236 893,471 536,234 120,121 132,034 1,446,025 191,137 4,005,258 Government grants 188,936 141,053 85,989 148,600 -119,787 9,655 694,020 Investment income 206,867 ---8,208 -202 215,277 Penalties and interest on taxes 180,412 ------180,412 Donations -945 --25 15,016 7,401 23,387 14,236,735 1,035,469 760,555 268,721 140,267 1,580,828 319,696 18,342,271 EXPENDITURES Salaries and benefits 2,359,498 1,514,378 1,506,012 143,925 128,385 2,428,832 272,094 8,353,124 Materials and supplies 666,829 186,453 943,765 112,888 37,146 1,004,860 20,219 2,972,160 Contracted expenditures 755,511 3,230,692 227,101 152,483 8,209 313,849 93,792 4,781,637 Other 407,550 176,490 191,919 102 16,172 380,394 160,004 1,332,631 Interfunctional transfers (1,917,847)180,235 260,692 138,346 101,105 54,837 -(1,182,632) Debt interest 51,417 100 169,189 1,394 -172,195 75,604 469,899 Amortization 626,800 58,953 1,287,968 8,692 2,158 376,355 85,326 2,446,252 2,949,758 5,347,301 4,586,646 557,830 293,175 4,731,322 707,039 19,173,071 EXCESS OF REVENUE OVER EXPENDITURES (EXPENDITURES OVER REVENUE)11,286,977 (4,311,832)(3,826,091)(289,109)(152,908)(3,150,494)(387,343)(830,800) OTHER Gain (loss) on disposal 55,183 -(692,304)--(6,720)14,873 (628,968) Equity in Tillsonburg Hydro 544,767 ------544,767 Government transfers related to capital --888,445 -5,000 71,087 -964,532 Donations and other revenue related to capital --758,195 -15,080 26,761 -800,036 Developer contributions related to capital -15,020 -----15,020 599,950 15,020 954,336 -20,080 91,128 14,873 1,695,387 EXCESS OF REVENUE OVER EXPENDITURES (EXPENDITURES OVER REVENUE)$11,886,927 $(4,296,812)$(2,871,755)$(289,109)$(132,828)$(3,059,366)$(372,470)$864,587 This schedule is provided for information purposes only. 81 TOWN OF TILLSONBURG TRUST FUNDS DECEMBER 31, 2015 FINANCIAL STATEMENTS 82 INDEPENDENT AUDITOR'S REPORT To the Members of Council, Inhabitants and Ratepayers of the Town of Tillsonburg I have audited the accompanying financial statements of the Town of Tillsonburg Trust Funds, which comprise the statement of financial position as at December 31, 2015 and the statements of operations and accumulated surplus and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Opinion In my opinion, the financial statements present fairly, in all material respects, the financial position of the Corporation as at December 31, 2015 and its financial performance and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. May 24, 2016 London, Ontario LICENSED PUBLIC ACCOUNTANT 83 Statement 1 TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2015 (with comparative balances as at December 31, 2014) 2015 2014 FINANCIAL ASSETS Bank $457,429 $463,846 Investments (note 2)720,000 720,000 Interest Receivable 1,787 - Due from Town of Tillsonburg -4,029 1,179,216 1,187,875 LIABILITIES Due to Town of Tillsonburg 13,842 - NET FINANCIAL ASSETS 1,165,374 1,187,875 ACCUMULATED SURPLUS (note 3)$1,165,374 $1,187,875 The accompanying notes are an integral part of these financial statements. 84 Statement 2 TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative balances for the year ended December 31, 2014) 2015 2014 REVENUES Interest $11,811 $18,222 Donations and fees 19,345 25,807 Other revenue 33,621 - 64,777 44,029 EXPENDITURES Donations 6,800 Expenditures for trust fund obligations 80,478 48,474 87,278 48,474 Excess expenditures over revenues for the year (22,501)(4,445) Accumulated surplus, beginning of the year 1,187,875 1,192,320 ACCUMULATED SURPLUS, END OF YEAR (note 3)$1,165,374 $1,187,875 The accompanying notes are an integral part of these financial statements. 85 Statement 3 TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative balances for the year ended December 31, 2014) 2015 2014 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess expenditures over revenues - Statement 2 $(22,501)$(4,445) Change in non-cash operating balances Due from Town of Tillsonburg 17,871 25,741 Interest Receivable (1,787)- Accounts payable and accrued liabilities -- Increase in cash (6,417)21,296 Cash, beginning of year 1,183,846 1,162,550 CASH, END OF YEAR $1,177,429 $1,183,846 CONSISTS OF: Bank $457,429 $463,846 Investments 720,000 720,000 $1,177,429 $1,183,846 The accompanying notes are an integral part of these financial statements. 86 TOWN OF TILLSONBURG TRUST FUNDS NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2015 1. Accounting policies: The financial statements of the Corporation of the Town of Tillsonburg - Trust Funds are prepared by management in accordance with Canadian public sector accounting standards. (a)Basis of accounting Revenues, other than donations, and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (b)Financial instruments The financial instruments of the trust funds consist of cash and accounts receivable. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. (c) Use of estimates The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the period. Actual results could differ from these estimates. (d)Tangible capital assets The trust funds do not own any tangible capital assets. 2. Investments The investments of the trust fund of $720,000 (2014 - $720,000) reported on the Statement of Financial Position are recorded at cost which approximates market value. 87 TOWN OF TILLSONBURG TRUST FUNDS NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2015 3. Accumulated surplus The accumulated surplus of the trust funds is comprised of the following: 2015 2014 Cemetery Perpetual Care $843,414 $824,793 Annandale House 106,709 99,930 Cemetery Maintenance 33,065 76,704 Community Trust Fund 56,928 57,653 Parkland 43,923 41,725 Scholarship Trust Fund 38,002 38,126 Cemetery Prepaid Costs 29,830 30,433 Lake Lisgar Revitalization 13,503 18,511 $1,165,374 $1,187,875 88 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT DECEMBER 31, 2015 FINANCIAL STATEMENTS 89 INDEPENDENT AUDITOR'S REPORT To the Members of Council, Ratepayers and Inhabitants of the Town of Tillsonburg I have audited the accompanying financial statements of Town of Tillsonburg Sanitary Sewer Department, which comprise the statement of financial position as at December 31, 2015 and the statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Opinion In my opinion, the financial statements present fairly, in all material respects, the financial position of the Town of Tillsonburg Sanitary Sewer Department as at December 31, 2015 and its financial performance and its changes in net financial assets and cash flows for the year then ended in accordance with Canadian public sector accounting standards. London, Canada May 24, 2016 LICENSED PUBLIC ACCOUNTANT 90 Statement 1 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2015 (with comparative balances as at December 31, 2014) 2015 2014 FINANCIAL ASSETS Accounts receivable $412,934 $430,167 412,934 430,167 LIABILITIES Due to Town of Tillsonburg (note 3)121,551 81,363 Due to County of Oxford 291,383 348,804 412,934 430,167 NET FINANCIAL ASSETS NIL NIL ACCUMULATED SURPLUS - Statement 2 $NIL $NIL The accompanying notes are an integral part of these financial statements. 91 Statement 2 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative balances for the year ended December 31, 2014) Budget Actual Actual 2015 2015 2014 REVENUES Taxation $469,066 $479,912 $462,558 Surcharge on direct water billings- usage 3,125,475 3,050,777 2,810,222 Surcharge on direct water billings- capital 62,900 62,249 58,564 3,657,441 3,592,938 3,331,344 EXPENDITURES Operating and maintenance 244,210 197,907 189,380 Bad debt expense -11,810 19,088 Equipment and distribution system 103,921 102,356 427,462 348,131 312,073 635,930 OTHER EXPENDITURES County of Oxford 3,309,310 3,280,865 2,695,414 Excess revenues over expenditures NIL NIL NIL Accumulated surplus beginning of year NIL NIL NIL ACCUMULATED SURPLUS, END OF YEAR $NIL $NIL $NIL The accompanying notes are an integral part of these financial statements. 92 Statement 3 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative figures for the year ended December 31, 2014) 2015 2014 NET INFLOW OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures - Statement 2 $NIL $NIL Cash, beginning of year NIL NIL CASH, END OF YEAR $NIL $NIL The accompanying notes are an integral part of these financial statements. 93 Statement 4 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF CHANGE IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative figures for the year ended December 31, 2014) 2015 2014 Excess revenues over expenditures - Statement 2 $NIL $NIL Net financial assets, beginning of year NIL NIL NET FINANCIAL ASSETS, END OF YEAR $NIL $NIL The accompanying notes are an integral part of these financial statements. 94 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2015 1.Nature of operations The Town of Tillsonburg Sanitary Sewer Department is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Sanitary Sewer system was assumed by the County of Oxford. 2.Accounting policies The financial statements of the Town of Tillsonburg Sanitary Sewer Department are the representation of the Department prepared in accordance with Canadian public sector accounting standards. The significant accounting policies are summarized as follows: (a) Reporting entity The financial statements reflect the assets, liabilities, revenues and expenditures and accumulated surplus of the Department. (b)Basis of accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. (c) Tangible capital assets The Department does not own any tangible capital assets. (d)Financial instruments Financial instruments of the Department consist of accounts receivable and due to County of Oxford and due to Town of Tillsonburg. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. 95 TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2015 2.Accounting policies continued (e) Revenue recognition Taxation revenue is recognized in the financial statements in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. Service billing revenue is recorded on the basis of regular meter readings and the estimates of customer usage since the last meter reading to the end of the year. (f) Use of estimates The preparation of financial statements in conformity with Canadian publc sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenditures during the period. Since precise determination of many assets and liabilities is dependent upon future events, the preparation of periodic financial statements necessarily involves the use of estimates and approximations. Actual results could differ from management's best estimates, as additional information becomes available in the future. (g)Budget The operating budget approved by the County of Oxford for 2015 is reflected on the statement of operations. 3.Continuing operations All banking activities are administered by the Town of Tillsonburg, on behalf of sewer activities. The amount due to the Town of Tillsonburg represents the net working capital position between the Town and Sanitary Sewer Department after adding or deducting payments made to or received from the County of Oxford. 96 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT DECEMBER 31, 2015 FINANCIAL STATEMENTS 97 INDEPENDENT AUDITOR'S REPORT To the Members of Council, Ratepayers and Inhabitants of the Town of Tillsonburg: I have audited the accompanying financial statements of Town of Tillsonburg Waterworks Department, which comprise the statement of financial position as at December 31, 2015 and the statements of operations and accumulated surplus, cash flows and change in net financial liabilities for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Opinion In my opinion, the financial statements present fairly, in all material respects, the financial position of the Town of Tillsonburg Waterworks Department as at December 31, 2015 and its financial performance and its changes in cash flows and net financial liabilities for the year then ended in accordance with Canadian public sector accounting standards. London, Canada May 24, 2016 LICENSED PUBLIC ACCOUNTANT 98 Statement 1 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2015 (with comparative balances as at December 31, 2014) 2015 2014 FINANCIAL ASSETS Accounts receivable $430,736 $410,616 430,736 410,616 LIABILITIES Due to Town of Tillsonburg (note 3)211,360 188,487 Due to County of Oxford 294,208 314,798 505,568 503,285 NET LIABILITIES (74,832)(92,669) NON-FINANCIAL ASSETS Inventory 74,832 92,669 ACCUMULATED SURPLUS - Statement 2 $NIL $NIL The accompanying notes are an integral part of these financial statements. 99 Statement 2 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative balances for the year ended December 31, 2014) Budget Actual Actual 2015 2015 2014 REVENUES Direct water billings $3,126,994 $3,079,019 $2,796,019 Capital surcharge 65,800 64,790 74,488 Grant contributions 1,380 Other revenue 33,226 23,165 3,192,794 3,177,035 2,895,052 EXPENDITURES Operating and maintenance 900,267 1,001,424 941,934 Customer service 307,435 309,973 318,333 Bad debt expense 7,124 10,302 Equipment and distribution system 408,538 358,205 446,022 1,616,240 1,676,726 1,716,591 OTHER EXPENDITURES County of Oxford 1,576,554 1,500,309 1,178,461 Excess revenues over expenditures NIL NIL NIL Accumulated surplus, beginning of year NIL NIL NIL ACCUMULATED SURPLUS, END OF YEAR $NIL $NIL $NIL The accompanying notes are an integral part of these financial statements. 100 Statement 3 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative figures for the year ended December 31, 2014) 2015 2014 NET INFLOW OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures - Statement 2 $NIL $NIL Cash, beginning of year NIL NIL CASH, END OF YEAR $NIL $NIL The accompanying notes are an integral part of these financial statements. 101 Statement 4 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF CHANGE IN NET FINANCIAL LIABILITIES FOR THE YEAR ENDED DECEMBER 31, 2015 (with comparative figures for the year ended December 31, 2014) 2015 2014 Excess revenues over expenditures - Statement 2 $NIL $NIL Decrease in inventory 17,837 8,910 Increase in net financial liabilities 17,837 8,910 Net financial liabilities, beginning of year (92,669)(101,579) NET FINANCIAL LIABILITIES, END OF YEAR $(74,832)$(92,669) The accompanying notes are an integral part of these financial statements. 102 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2015 1.Nature of operations The Town of Tillsonburg Waterworks Department is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Waterworks system was assumed by the County of Oxford. 2.Accounting policies The financial statements of the Town of Tillsonburg Waterworks Department are the representation of the Department prepared in accordance with Canadian public sector accounting standards. The significant accounting policies are summarized as follows: (a) Reporting entity The financial statements reflect the assets, liabilities, revenues and expenditures and accumulated surplus of the Department. (b)Basis of accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. (c) Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenues over expenditures, provides the change in net financial assets for the year. (d) Tangible capital assets The Department does not own any tangible capital assets. (e)Financial instruments Financial instruments of the Department consist of accounts receivable and due to County of Oxford and due to Town of Tillsonburg. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. 103 TOWN OF TILLSONBURG WATERWORKS DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2015 2.Accounting policies continued. (f) Revenue recognition Revenue is recognized in the financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. Service billing revenue is recorded on the basis of regular meter readings and the estimates of customer usage since the last meter reading to the end of the year. (g) Use of estimates The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenditures during the period. Since precise determination of many assets and liabilities is dependent upon future events, the preparation of periodic financial statements necessarily involves the use of estimates and approximations. Actual results could differ from management's best estimates, as additional information becomes available in the future. (h) Inventory Inventory of supplies is valued at the lower of cost and replacement value. Cost is determined on an averaged basis. (i)Budget The operating budget approved by the County of Oxford for 2015 is reflected on the statement of operations. 3.Continuing operations All banking activities are administered by the Town of Tillsonburg, on behalf of waterworks activities. The amount due to the Town of Tillsonburg represents the net working capital position between the Town and Waterworks Department after adding or deducting payments made to or received from the County of Oxford. 104 105 106 107 Report Title AMENDMENT TO SMOKING BY-LAW 3596 Report No. CL 16-11 Author DONNA WILSON Meeting Type Council Meeting Council Date MAY 24, 2016 Attachments • DRAFT BY-LAW 4018 • CONSOLIDATED BY-LAW 3596 TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES RECOMMENDATION THAT Council receives Report CL 16-11 Amendment to Smoking By-law 3596; AND THAT an amending By-Law be brought forward for Council consideration. EXECUTIVE SUMMARY The purpose of this Report is to inform Council of the need to amend the current smoking By- Law to remove certain sections that refer to early voluntary payments. BACKGROUND In order for By-Law Enforcement to write tickets on an offence that will be supported by the Provincial Courts, By-Laws must be provided to the Attorney General for short form wording and authorization for the set fine to be issued for each offence. By-Law Enforcement provided By-Law 3596 to the Attorney General for short form wording in order to issue fines for offences to the by-law. The by-law was rejected in its current form as Sections 5.2, 5.3 and Schedule “C” early voluntary payments are not allowed for Part 1 offences, Commencement of Proceedings by Certificate of Offence, Provincial Offences Act. Early voluntary payments are only allowed for Part II, Commencement of Proceedings for Parking Infractions. In order for staff to proceed with obtaining short form wording from the Attorney General the By-Law has to be amended to remove reference to early voluntary payments. Once the short form wording has been authorized by the Attorney General then By-Law enforcement can proceed to setting fines and issue tickets for those offences. Page 1 / 2 CL 16-11 Amend Smoking By-Law 108 CONSULTATION/COMMUNICATION Tillsonburg By-Law Enforcement Officers consulted with the Attorney General’s Office. FINANCIAL IMPACT/FUNDING SOURCE N/A. Page 2 / 2 CAO 109 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4018 A BY-LAW to amend By-Law 3596, being a by-law to prohibit smoking in certain public places within the Town of Tillsonburg. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s smoking by-law to remove Sections 5.2 and 5.3 and Schedule C which refer to voluntary payments; AND WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces within the municipality and Section 128(1) of said Act provides that a municipality may prohibit and regulate with respect to a matter that in the opinion of Council are or could be public nuisances; THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1.0 THAT the following sections shall be removed from By-Law 3596; “5.2 Notwithstanding any other provisions of this Part in respect to penalties for violation of the provisions of this By-law, any person may, upon presentation of an infraction notice issued by a police officer or a by-law enforcement officer alleging commission of any of the offences under this By-law set out in Schedule “C”, pay out of Court within the time limit specified on the said infraction notice the penalty set out opposite such offence as indicated in Schedule “C” to this By-law. Upon such payment no further proceedings shall be taken under this By-law in respect to the said alleged offence.” “5.3 If a voluntary payment is not made in accordance with the procedure provided in Section 5.2, the procedures of the Provincial Offences Act, or any successor thereof, shall apply.” 2.1 THAT the following schedule shall be removed from By-Law 3596; “Schedule C, Part 1 Provincial Offences Act.” 3.1 THAT this by-law shall come into full force and effect upon final passing hereof. READ A FIRST AND SECOND TIME THIS 24th DAY OF May, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF May, 2016. ________________________________ Mayor – Stephen Molnar _______________________________ Town Clerk – Donna Wilson 110 THE CORPORATION OF THE TOWN OF TILLSONBURG CONSOLIDATED BY-LAW NUMBER 3596 A BY-LAW TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES WITHIN THE TOWN OF TILLSONBURG. WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces within the municipality and Section 128(1) of said Act provides that a municipality may prohibit and regulate with respect to a matter that in the opinion of Council are or could be public nuisances; AND WHEREAS it has been determined that smoking and second hand tobacco smoke is a nuisance because of its irritating and discomforting properties and is a health hazard because of its impairing, adverse effect and risk to the health of individuals residing in or visiting the Town of Tillsonburg. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1.0 DEFINITIONS AND INTERPRETATIONS 1.1 Definitions and Interpretations in this by-law, 1.2 "Authorized Person" means any individual employed by or authorized by the Town of Tillsonburg as a municipal by-law enforcement officer to enforce this by- law, or any officer of the Ontario Provincial Police. 1.3 “Council” means the Town Council of the Corporation of the Town of Tillsonburg; 1.4 “Electronic Cigarette” means A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine; 1.5 “Municipal Sidewalk” means a sidewalk intended for pedestrians located between that portion of a highway intended for the general passage of vehicles and the lateral property line, but does not include a sidewalk located within the boundary of a Town owned property. 1.6 “Officer” means a person appointed by Council as a Municipal By-Law Enforcement Officer, a Police Officer or other individual duly appointed to enforce this by-law; 1.7 “Outdoors” means any open space which is outside of a facility, building, structure, premise, including any temporary building, structure or part thereof, whether covered by a roof or not. 1.8 “Person” includes an individual or corporation and shall include the plural where the context requires. Wherever the word “he” or “him” is used, it shall mean and include the feminine or neuter gender wherever the context so requires; 1.9 “Property” means that which belongs exclusively to the Town of Tillsonburg and to which legal rights apply; 1.10 “Smoking Product” means tobacco or tobacco-like product whose primary purpose is to be burned or heated to produce vapours, gases or smoke, which are inhaled, and shall include but is not limited to non-tobacco herbal shisha, and other plant material or oils intended for inhalation; 111 The Corporation of the Town of Tillsonburg Page 2 By-law No. 3596 1.11 “Smoke or Smoking” includes the carrying of a lighted cigar, cigarette, electronic cigarette, pipe, waterpipe or any other lighted smoking equipment or smoking product but does not include smoke or smoking where smoke or smoking is used in a stage production of a theatrical performance; 1.12 “Town” means The Corporation of the Town of Tillsonburg; 1.13 “Town facility” means any building, structure or premise to which the Town holds right of ownership to, including a building, structure or premise which is leased by the Town; 1.14 “Walkway” as referred to in this by-law, means a covered walkway that is designed specifically for the passage of pedestrians and shall not include any uncovered walkway or sidewalk within the Town of Tillsonburg; 1.15 “Waterpipe” means a device in which the vapours, gases or smoke of a Smoking Product passes through liquid prior to being inhaled, and shall include but is not limited to a bong or hookah. 2.0 SMOKING PROHIBITED 2.1 No person shall smoke on the walkway known as Library Lane whether or not a “No Smoking” sign is posted. 2.2 No person shall smoke outdoors within 9 meters of any Town facility entrance or exit including but not limited to the following: Tillsonburg Community Centre, 45 Hardy Ave., including adjoining arenas, Tillsonburg Senior Centre, Lake Lisgar Waterpark and Summer Place; Tillsonburg Museum and Annandale House, 30 Tillson Avenue; Tillsonburg Fire Hall, 80 Concession Street, Tillsonburg ON Tillsonburg OPP Detachment, 90 Concession Street, Tillsonburg Customer Service Centre, 10 Lisgar Avenue Tillsonburg Public Works Building, 20 Spruce Street. 2.3 No person shall smoke outdoors anywhere on Library Lane or within 9 meters of the entrance to the east or west of Library Lane 2.4 No person shall smoke outdoors within 9 meters of any entrance to the Tillsonburg Town Centre Mall. 3.0 EXEMPTIONS 3.1 Notwithstanding Section 2.1 and 2.3, such prohibition shall not apply to municipal sidewalks. 4.0 SIGNAGE REQUIRED 4.1 The Town may post and maintain in conspicuous locations at each required location a sign at least 14 centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size that includes depiction of the international No Smoking symbol at least 7.5 centimetres (3 inches) high, and lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2 centimetres (1/16 inch) wide at the narrowest point, with the rest of the letter sized proportionately, which reads “No Smoking Within 9 Meters (29.5 feet) of Described Area” “The Corporation of the Town of Tillsonburg By-Law No. 3596”. 4.2 Where a sign is posted the sign shall have the proportions, characteristics and minimum measurements set out in Section 4.1, and shall be as depicted in “Schedule A” and shall consist of two (2) contrasting colours, or if the lettering and 112 The Corporation of the Town of Tillsonburg Page 3 By-law No. 3596 graphic symbol are to be applied directly to the surface or to be mounted on a clear panel, the lettering and graphic symbol shall contrast with the background. 4.3 Despite the fact that the symbol referred to in Schedule “A” is a cigarette, it may include a lighted cigar, cigarette, pipe or any other lighted smoking instrument. 4.4 Deviations from the colour or content of the sign prescribed by this Section that do not affect the substance or that are not calculated to mislead do not vitiate the sign. 5.0 OFFENCES 5.1 Any person who contravenes any provisions described above shall be guilty of an offence and upon conviction shall be subject to a fine as prescribed in the Provincial Offences Act, R.S.O. 1990, as amended. 6.0 ENFORCEMENT 6.1 The provisions of this by-law respecting smoking outdoors on Town owned property shall be enforced by an Officer or authorized person deemed to be an agent of the Corporation of the Town of Tillsonburg for the purpose of addressing unauthorized activity on Town property. 6.2 Any person who observes another person acting in contrary to this by-law may submit a Smoke Free Ontario Act Witness Statement (which is outlined in Schedule “B” in this by-law) to the attention of the Town of Tillsonburg By-Law Enforcement Officer. 7.0 CONFLICTS 7.1 If a provision of this by-law conflicts with an Act or Regulation or another by-law, the provision that is the most restrictive of smoking shall prevail. 8.0 SEVERABILITY 8.1 If any section of this by-law or part thereof is found in any court of law to be illegal or beyond the power of the Municipality to enact, such section or part thereof shall be deemed to be severable and all other sections or parts of the by-law shall be deemed to be separate and independent thereof and to be enacted as such. 9.0 ENACTMENT 9.1 This by-law shall come into effect on the day it is passed. READ A FIRST AND SECOND TIME THIS 9th day of MAY, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 9th day of MAY, 2016. _____________________________ MAYOR – Stephen Molnar _____________________________ TOWN CLERK – Donna Wilson 113 Schedule “A” By-law No. 3596 No Smoking Within 9 Meters of (Described Area) The Corporation of the Town of Tillsonburg BY-LAW NO. 3596 “No Smoking Within 9 Meters of” (described areas include): - “this entrance” Entrance of the following buildings: Tillsonburg Community Centre and adjoining arenas, Tillsonburg Senior Centre, Lake Lisgar Waterpark, Summer Place, Tillsonburg Library, Tillsonburg Fire Hall, Tillsonburg Customer Service Centre, Public Works Office 114 Schedule “B” By-law No. 3596 TOWN OF TILLSONBURG 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Please fax to: 519-485-2520 Attention: By-Law Enforcement Officer SMOKE FREE ONTARIO ACT WITNESS STATEMENT Date and Time of Occurrence ____________________________________________ Name of Person you observed smoking in a designated no smoking area ___________________________ Do you know the person personally? Yes  No  If yes, how? _________________________________________________________ If no, how did you identify the person? _____________________________________ ___________________________________________________________________ When you witnessed the offence, where were you standing? ___________________ How far away from the person were you? __________________________________ Could you tell the colour of the cigarette filter? Yes  No  What colour was the filter? _____________________________________________ Could you see the smoke from the cigarette? Yes  No  If winter, what was the approximate air temperature? _________________________ Are you certain that what you saw was smoke and not expelled breath? Yes  No  Could you smell the smoke? Yes  No  Did it smell like tobacco smoke? Yes  No  Would you recognize the smell of smoke for another product? Yes  No  How? ___________________________________________________________ ________________________________________________________________ Please give any other pertinent information: _____________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _____________________ ____________________________ Date Signature 115 116 Report Title Integrity Commissioner Report No. CL 16-13 Author Donna Wilson Meeting Type Council Meeting Council Date May 24, 2016 Attachments • Excerpt Section 223.3 of the Municipal Act, 2001, S.O. 2001, c.25 RECOMMENDATION THAT Council approves the appointment of an Integrity Commissioner; AND THAT the Town be authorized to issue a Request for Proposal (RFP) seeking proposals for an Integrity Commissioner, including the consideration that the appointment be made jointly with the County’s local municipalities, should they be amenable, and their respective Councils endorse such an approach; AND THAT upon Council approval for the appointment of an Integrity Commissioner, that staff be directed to send copies of Report CL 16-13 and this motion to all Oxford County Municipalities and request that the area municipalities report back to the Town within 30 days from receipt of this report as to whether they would like to participate and partner with the Town in the proposed RFP; AND THAT Staff report back to Council at the August 8, 2016 Council meeting regarding the status of the appointment of an Integrity Commissioner. EXECUTIVE SUMMARY The purpose of this report is to obtain Council direction on the appointment of an Integrity Commissioner and to engage in a request for proposal under which Integrity Commissioner services may be obtained for the Town by way of a competitive process. Staff is also seeking direction to engage and partner with Oxford County Municipalities in order to procure shared services for a Joint Integrity Commissioner. BACKGROUND Council will recall that in the fall of 2015 a report was provided on Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014. Staff committed at that time to provide an additional report regarding an Integrity Commissioner in the spring of 2016. In accordance with Bill 8, Council should now consider exercising its authority to appoint an Integrity Commissioner. Page 1 / 4 CL 16-13 Integrity Commissioner 117 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. The Ombudsman’s office encourages resolution at the local level before launching an investigation at the provincial level. Should the municipality wish to appoint its own Integrity Commissioner, 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. The Integrity Commissioner is an independent and impartial position that reports directly to Council and whose powers and duties are set out in the Municipal Act, 2001. The excerpt from the Municipal Act is attached to this report for Council’s reference. The Integrity Commissioner is primarily responsible for ensuring the codes of behavior and ethics governing elected public officials are objectively communicated and applied. The Integrity Commissioner is also responsible for investigating formal complaints that a member subject to the Code of Conduct is in breach of the code. This is a critical role in maintaining public confidence in the Town’s government. In this regard the independence from the Town is important which allows for independent opinions, recommendations and investigations from the Integrity Commissioner and not from the Town’s Chief Administrative Officer or Mayor. The Integrity Commissioner would provide advice on the Code of Conduct, opinions on municipal rules and policies regarding conduct of Councillors, conduct inquiries when requested by members of the public to determine whether Councillors have violated any Town procedures and to inform members of council and staff by publishing an annual report. The Integrity Commissioner would have an advisory role, investigative role and an educational role. The Integrity Commissioner could also provide additional services such as that of a local meeting investigator. The duties of an Integrity Commissioner would include: (a) At least once per term of Council, deliver an oral presentation to Members regarding the role of the Integrity Commissioner and ethical obligations and responsibilities of Members under the Code of Conduct and any other procedures, rules or policies governing their ethical behaviour. (b) Once per term of Council, prepare written materials for distribution to and use by Members regarding the role of the Integrity Commissioner and ethical obligations and responsibilities of Members under the Code of Conduct and any other procedures, rules or policies governing their ethical behaviour. (c) Upon request, provide advice to individual Members regarding their ethical obligations and responsibilities under their Code of Conduct and any other procedures, rules or policies governing their ethical behaviour. This advice can include opinions on the Page 2 / 4 CAO 118 appropriate course of action where Members seek guidance based on specific factual circumstances. (d) Upon request, provide advice and recommendations to Council regarding amendments to the Code of Conduct and any other procedures, rules or policies governing their ethical behaviour. (e) Upon request, provide general advice on conflict of interest issues noting that this advice may not be used in defense of allegations related to conflict of interest. (f) Investigate complaints and provide a report to Council which shall include their opinion on whether a member has contravened the Code of Conduct, a by-law or policy governing the ethical behavior of Council members and outline the terms of any settlement of the complaint. They may recommend corrective action and /or a penalty; however Council makes the final decision on whether the penalty shall be imposed. (g) Prepare and deliver an annual report to Council containing a summary of activities, if any, during the previous calendar year. RFP Document and Process The RFP process to appoint the Town’s Integrity Commissioner will follow the same protocol as other RFP solicitations issued by the Town’s Purchasing Coordinator and in accordance with the Purchasing Policy. CONSULTATION/COMMUNICATION Staff has consulted with a number of Municipalities regarding their practices for Code of Conduct complaints and whether they have secured an Integrity Commissioner for their municipality. Some of the Municipalities reviewed were Township of South Stormont and Township of South Dundas, City of Brantford, City of Guelph, City of Owen Sound, County of Frontenac and County of Lambton. Staff attended an AMCTO meeting in which there was a presentation from Jean-Frederic Hubsch, Counsel, Office of the Ontario Ombudsman. She indicated that the Ombudsman’s role was not to replace a complaints process within a municipality but that the Ontario Ombudsman would only investigate complaints within the jurisdiction once the local accountability officers local processes have been completed (complaint made and investigation concluded, local officer has refused to investigate or time for bringing the complaint has expired). She indicated that it is important for local municipalities to have complaint mechanisms in place and to ensure that the municipality has an independent local accountability officer. An Integrity Commissioner could fill this role by reviewing and investigating Council Code of Conduct complaints. During the presentation it became clear that the Province will push municipalities to ensure they have local mechanisms and independent officers in place to review complaints. Page 3 / 4 CAO 119 Staff will be bringing forward an additional complaint process for staff and service complaints for Council to review in the near future. FINANCIAL IMPACT/FUNDING SOURCE To be funded within the 2016 legal budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – An Integrity Commissioner would provide the public with a process to ensure accountability of local politicians and provide updates on municipal practices. Page 4 / 4 CAO 120 Excerpt Municipal Act S. 223.3 Integrity Commissioner Integrity Commissioner 223.3 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to, (a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; (b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or (c) both of clauses (a) and (b). 2006, c. 32, Sched. A, s. 98. Powers and duties (2) Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality. 2006, c. 32, Sched. A, s. 98. Delegation (3) The Commissioner may delegate in writing to any person, other than a member of council, any of the Commissioner’s powers and duties under this Part. 2006, c. 32, Sched. A, s. 98. Same (4) The Commissioner may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 32, Sched. A, s. 98. Status (5) The Commissioner is not required to be a municipal employee. 2006, c. 32, Sched. A, s. 98. Inquiry by Commissioner 223.4 (1) This section applies if the Commissioner conducts an inquiry under this Part, (a) in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or (b) in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member. 2006, c. 32, Sched. A, s. 98. Powers on inquiry (2) The Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry. 2009, c. 33, Sched. 6, s. 72 (1). Information (3) The municipality and its local boards shall give the Commissioner such information as the Commissioner believes to be necessary for an inquiry. 2006, c. 32, Sched. A, s. 98. 121 Excerpt Municipal Act S. 223.3 Integrity Commissioner Same (4) The Commissioner is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality or a local board that the Commissioner believes to be necessary for an inquiry. 2006, c. 32, Sched. A, s. 98. Penalties (5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct: 1. A reprimand. 2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. 2006, c. 32, Sched. A, s. 98. Same (6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention. 2006, c. 32, Sched. A, s. 98. Duty of confidentiality 223.5 (1) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. 2006, c. 32, Sched. A, s. 98. Exception (2) Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part. 2006, c. 32, Sched. A, s. 98. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. 2006, c. 32, Sched. A, s. 98. Report to council 223.6 (1) If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned. 2006, c. 32, Sched. A, s. 98. Report about conduct (2) If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner’s opinion are necessary for the purposes of the report. 2006, c. 32, Sched. A, s. 98. Publication of reports (3) The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public. 2006, c. 32, Sched. A, s. 98. 122 Report Title Broadway St. Rehabilitation & Connecting Link Funding Report No. OPS 16-18 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 24, 2016 Attachments • MTO Connecting Link Correspondence Letter RECOMMENDATION THAT Council receive Report OPS 16-18 Broadway St. Rehabilitation & Connecting Link Funding; AND THAT Council contribute $65,000 from the taxation funding component of the Connecting Link Resurfacing Project to the $27,900 already in reserves; AND THAT Council earmark the new total of $92,900 in reserves for the purpose of rehabilitating Broadway St. from the Town limits to North St. to fund the Towns portion of the project under a potential future Connecting Link opportunity; AND THAT Council re-assign the remaining $234,600 from the taxation funding component of the Connecting Link Resurfacing Project to complete a Hot Mix Asphalt Paving Program in 2016. SUMMARY Further to Report OPS 16-03 Broadway Street Rehabilitation Update in early February 2016 the results of the Towns Connecting Link Funding program application are provided in the attached. Based on feedback from the Ministry staff understand that our application was highlighted and would have been successful if the Connecting Link funding program was increased by an additional 5 -10 million. The tender for the MTO Highway 19 Rehabilitation Project GWP 3021-13-00 closed in late April approximately two million dollars under budget. Staff once again reached out to the Ministry highlighting the potential for partnership, reduced traffic impacts from coordinated construction activity and the proactive steps the Town has taken by not only submitting an application for Connecting Link Funding, but by also establishing an agreement with the MTO and investing into the design for this segment of the Connecting Link. Page 1 / 2 123 The Town’s Agreement with the MTO outlined a total estimated cost of $375,000 comprised of $45,000 for design and $330,000 for construction with the commitment from the Town to provide payment according to the actual cost of construction. The 2016 approved budget identified a project estimate of $435,000 that provided for a 15% contingency allowance for incidentals that may have occurred during construction. Based on the geotechnical engineer’s recommended design the construction cost estimate increased by more than 60% to $604,500. Without the assistance of Connecting Link funding the Town can no longer afford to partner with the Ministry to address the severely deteriorated road structure along a key component of both the Provincial and Town arterial road network. FUNDING IMPACT/ FUNDING SOURCE The 2016 approved budget of $435,000 comprised of $344,600 from Taxation, $62,500 from Debenture and $27,900 from Reserves for the Connecting Link Resurfacing Project of which $45,000 has been utilized for the detailed investigation and design drawings. The following options to utilize the remaining project budget of $390,000 are provided for Council consideration. Option 1 Reassign the remaining project budget of $390,000 to complete a Hot Mix Asphalt Paving Program in 2016 to address the growing needs of Town owned roadways. Option 2 Reassign the remaining $299,600 from Taxation to complete a Hot Mix Asphalt Paving Program in 2016. Option 3 The Town’s Connecting Link application indicated a project total of net eligible costs in the amount of $928,650 with a 90/10% split between the Ministry and the Town respectively. To fund the Town’s portion of the project under a potential future Connecting Link opportunity, contribute $65,000 from Taxation to the $27,900 already in Reserves and earmark the total $92,900 of Reserves for the purpose of rehabilitating Broadway St. from the Town limits to North St. and reassign the remaining $234,600 from Taxation to complete a Hot Mix Asphalt Paving Program in 2016. Option 4 Contribute the remaining $299,600 from Taxation to reserves for future capital purposes. Page 2 / 2 124 125 Report Title Airport Hanger Land Lease Amendment with Jeff Miller Report No. OPS 16-19 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 24, 2016 Attachments • Airport Hanger Land Lease (June 2015) • Airport Hanger Land Lease Amendment (Sept. 2015) • Proposed Airport Hanger Land Lease Amendment RECOMMENDATION THAT Council receive Report OPS 16-19 Airport Hanger Land Lease Amendment with Jeff Miller; AND THAT Council approve the amendments to the hanger land lease agreement with Jeff Miller; AND THAT Mayor and Clerk be authorized to execute the Airport Hanger Land Lease Amendment with Jeff Miller. SUMMARY In June of 2015 Council entered into a Hanger Land Lease Agreement with Jeff Miller for the construction of a 4,096 square foot hanger with a twenty (20) year term expiring on December 31, 2035. In September of 2015 an Amendment to the Land Lease Agreement was authorized by Council to increase the hanger size to 4,480 square feet. The Lessee (Jeff Miller) has now indicated that he requires an even larger hangar and has requested that the land lease be amended to reflect the requested increase. The hangar is now proposed to be twenty feet (20’) wider resulting in a gross floor area of 5,760 square feet as shown in Figure 1. Due to unforeseen delays by the Lessee the land lease dates have also been revised to reflect a June 1st 2016 construction start date with the twenty (20) year term expiring on May 31st 2036. All other terms and conditions of the Hanger Land Lease Agreement remain unaltered. Staff have reviewed the request to ensure that the proposed increase in hangar width does not negatively impact future development plans for hangars to the south and west of the proposed hangar and are satisfied that the increase in hangar size can be accommodated. Page 1 / 3 126 CONSULTATION/COMMUNICATION The Amendment to the Airport Hanger Land Lease Agreement with Jeff Miller was reviewed by the existing Solicitor on file. The proposed expansion was also reviewed by the existing engineering consultant on file. FUNDING IMPACT/ FUNDING SOURCE The original land lease revenue was calculated at $1,187.84 annually based on the Council approved rate of $0.29/sq.ft. The September 2015 amendment increased the annual revenue to $1,299.20 and the proposed lease revenue would be $1,670.40 due to the increased gross floor area, as summarized in the table below. Harmonized Sales Tax (HST) is in addition to the lease amount. The Lessee is responsible for all other associated hanger costs including electrical servicing and property taxes. Item Hanger Size (sq.ft) Rate/sq.ft Annual Revenue Land Lease Agreement 4,096 $0.29 $1,187.84 Amendment (Sept 2015) 4,480 $0.29 $1,299.20 Proposed Amendment 5,760 $0.29 $1,670.40 Page 2 / 3 127 Figure 1: Proposed Hanger Area Page 3 / 3 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 = Attendance: Councillor Brian Stephenson, Mike Cerna, Robert Doerr, Michael Kady, Margaret McCrimmon, Scot Richardson, Peter Staley and Tricia Smith, Deputy Clerk Regrets: Helen Lamos-Parker 1. Call to Order The meeting was called to order at 3:02 p.m. 2. Adoption of Agenda Moved By: Mike Cerna Seconded By: Michael Kady THAT the Agenda for the Committee meeting of April 13, 2016, be adopted. Carried 3. Disclosure of Pecuniary Interest There were no disclosures of pecuniary interest declared. 4. Minutes from the Previous Meeting Moved By: Scot Richardson Seconded By: Michael Kady THAT the Minutes of the Committee meeting of March 9, 2015, be received. Carried 5. General Business 5.1. Welcome new Members Councillor Stephenson welcomed new members Robert Doerr, Margaret McCrimmon and Peter Staley to the Tillsonburg Accessibility Advisory Committee. The Corporation of the Town of Tillsonburg Accessibility Advisory Committee April 13, 2016 3:00 p.m. Annex Boardroom 200 Broadway, Tillsonburg MINUTES 143 Council Meeting Minutes, April 13, 2016 - 2 - 5.2. Annual Review of the Multi-Year Accessibility Plan The Deputy Clerk asked that the Multi-Year Accessibility Plan be brought to the next meeting for review and discussion to provide time for the new members to review the information. 5.3. Terms of Reference The Deputy Clerk asked to defer the review and discussion of the Terms of Reference until the next meeting to provide time for the new members to review the information. 5.4. Accessibility Recognition Award – Local Businesses The Deputy Clerk made note that contact has been made with the Tillsonburg Chamber of Commerce in regards to the Accessibility Recognition Award being part of the annual Awards of Excellence event. An invitation has been extended to the committee to make a presentation to the Chamber Board of Directors once the award criteria has been finalized. The Deputy Clerk recommended the formation of a sub-committee to develop criteria and a nomination form for the Accessibility Recognition Award program. Moved By: Robert Doerr Seconded By: Peter Paley THAT the Accessibility Advisory Committee appoint Councillor Stephenson, Robert Doerr and Scot Richardson to the Accessibility Recognition Award Sub-Committee. Carried 5.5. Oxford County Accessibility Meeting Update The Deputy Clerk provided a summary on the Oxford County Accessibility Meeting and noted that an annual joint meeting of Accessibility Advisory Committees across the County will be held in the fall. Moved By: Mike Cerna Seconded By: Margaret McCrimmon THAT staff be directed to invite Constable Nikki Vanleeuwen, the Town By- Law Enforcement Officer and Chief Building Official to an upcoming meeting of the Accessibility Advisory Committee; AND THAT staff research the current Traffic By-Law to determine if there are provisions relating to E-bikes, Gas Powered Bicycles and Personal Mobility Devices. 144 Council Meeting Minutes, April 13, 2016 - 3 - Carried 5.6 T:GO Transportation Service Councillor Stephenson made note that the new T:GO transportation service has been launched and brochures are being circulated with the routes and times. A request was made to invite John Preston, Community Transportation Coordinator to an upcoming meeting of the Accessibility Advisory Committee to provide a follow-up presentation on the Transportation Pilot Program. 6. Training 6.1. AODA Training Video The AODA Training video was presented to the Accessibility Advisory Committee. Moved By: Scot Richardson Seconded By: Margaret McCrimmon THAT staff place the AODA video on the Town website. Carried 7. Next meeting The next meeting of the Accessibility Advisory Committee will be June 8, 2016. 8. Adjournment Moved By: Robert Doerr Seconded By: Peter Staley THAT the April 13, 2016 meeting be adjourned at 4:22 p.m. Carried 145 146 147 148 149 150 151 152 153 154 155 156 Airport Advisory Committee Terms of Reference Last Revised: May 5, 2016 Mandate To advise and assist the Town of Tillsonburg on matters pertaining to the Tillsonburg Regional Airport. The Airport Advisory Committee will provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan, strategic initiatives and operational improvements. The Committee will also provide a forum for dialogue, communication and education. 1.0 Role of the Airport Advisory Committee The Airport Advisory Committee will provide input and advice on Airport matters as follows: • Airport policies including master plan implementation and updates; • Long term strategies to grow and expand the airport including infrastructure improvements/expansions and services; • Opportunities to support the financial self-sufficiency of the airport including increased revenues and decreased costs; • Airport awareness including marketing and promotion initiatives; • Airport initiatives and events; • Tourism initiatives related to the Airport; • Advise on aviation matters or initiatives including existing and proposed regulations by external agencies; and • Matters referred to the Advisory Committee by Council. 2.0 Organization of the Committee The Committee shall be composed of people from the Greater Tillsonburg Area/Oxford County who demonstrate a strong commitment to the terms of reference. A cross selection of people should attempt to be chosen in order to bring to the committee relevant technical and professional expertise as well as strong advocacy, communication and organizational skills. 2.1 Appointment will be advertised in local newspapers as per Town’s procedures for Committees of Council. 2.2 Committee members will be appointed by Council. 2.3 The committee should be composed, but not restricted to, members from the following categories: • Airport tenants (minimum 2) • Pilots (minimum 2) • Town Councillor (1) • Southwest Oxford Township Councillor (1) 157 -2- Non-voting members: • Public Works Manager • Airport Administrator • Oxford County representative 2.4 The term of a Committee Member is four (4) years to coincide with the term of Council. 2.5 A Committee Member may apply for re-appointment for three consecutive terms, in order to ensure transfer of knowledge and continuity amongst Committee Members. 2.6 One member will be appointed by vote of the Committee at the first meeting of each term to chair meetings form that term. The Committee will also, at this time, select a Vice-Chair and Secretary for the same duration. 2.7 A Municipal staff person shall interact in an advisory manner to the committee. 3.0 Meetings 3.1 The Committee will hold a minimum of four (4) quarterly meetings with additional meetings at the call of the Chair. 3.2 The date and time of the regular meetings will be established at the first meeting of each term. 3.3 Meetings will have a formal agenda. 3.4 Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail, or fax) to Committee Members prior to each meeting. 3.5. A majority of Committee Members will constitute quorum for the transaction of business. 4.0 Role of the Chair The Chair is responsible for ensuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1 Calling the meetings to order. 4.2 The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such using a roundtable format. 4.3 Creating an agenda in consultation with the Secretary. 4.4 Chairing the meetings. 4.5 Acting as spokesperson. 158 -3- 4.6 Representing the Committee on other committees when necessary. 4.7 The Chair shall conduct meetings in accordance with the Town’s Procedural By-law. 4.8 In the absence of the Chair, these responsibilities will be undertaken by the Vice-Chair. 5.0 Role of the Secretary The Secretary is responsible for ensuring a complete up to date record for the Committee. 5.1 In liaison with the Chair, arrange date, time and venue for meetings. 5.2 In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3 Circulate draft minutes to the members. 5.4 Keep a complete up to date record on the Committee minutes. 6.0 Role of Members 6.1 Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.2 Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.3 Review all information supplied to them 6.4 Prepare information for use in the development of materials for the Committee. 6.5 Promote the role of the Committee. 6.6 Offer input to Committee reports to Council. 6.7 Attend training as required to effectively perform their role as a Committee member. 6.8 Committee members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 7.0 Role of Municipal Staff The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 159 -4- 7.1 Acting as an information resource. 7.2 Orientation of Committee members at the first meeting after Council appointment. 7.3 Assist the Committee in its reporting to Council (see Sec. 8.0). 7.4 Provide correspondence to the Committee. 8.0 Reports to Council The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1 By a Council representative. 8.2 By the Chair or the designated representative. 8.3 Minutes from the Committee meetings. 8.4 Written reports. An annual report will also be submitted to Council at the beginning of each new year outlining the Committee’s accomplishments in the previous twelve months. 160 = Attendance: Andrew Burns, Lisa Gilvesy, Jesse Goossens, Lindsay Morgan, Ashton Nembhard (Departed 8:45 AM), Randy Thornton, Steve Spanjers, Cedric Tomico (Departed 9:05 AM), John Veldman Guest: Suzanne Fleet and Dave & Dev Chmarney, Tillsonburg Hub Consortium (Present from 8:40 AM to 9:05 AM) Staff Present: David Calder (Departed 9:05 AM), Cephas Panschow Regrets: Councillor Jim Hayes, Kirby Heckford, Mayor Stephen Molnar, 1. Call to Order 2. Adoption of Agenda Moved By: R. Thornton Seconded By: J. Veldman Proposed Resolution THAT the Agenda as prepared for the Committee meeting of March 8, 2016 be adopted. Carried 3. Disclosure of Pecuniary Interest – None disclosed 4. Approval of previous minutes Moved By: J. Veldman Seconded By: C. Tomico Proposed Resolution THAT the minutes for the February 9, 2016 meeting be approved. Carried 5. Presentations and Delegations 5.1 Tillsonburg Hub Consortium S. Fleet provided an overview of the business plan for a new indoor sport and event building in Tillsonburg. The Committee was supportive of the proposal in principle, but would like to review the full business plan in detail, including three financial scenarios. It was agreed that The Corporation of the Town of Tillsonburg Development Committee Tuesday, March 8, 2016 7:30 AM Boardroom, Customer Service Centre 10 Lisgar Ave, Tillsonburg, ON N4G 5A5 Minutes 161 Council Meeting – Agenda - 2 - a subcommittee would be struck to review the business plan and report back to the committee. Members are L. Gilvesy, J. Goossens, and J. Veldman with staff support as necessary. 6. Information Items 6.1. Community Strategic Plan – No update 6.2. Post-Secondary Education – No update 6.3. Tillsonburg Hydro Inc (THI) – No update 6.4. Town Hall Task Force Work still in progress. It is important to continue to brainstorm ideas for a multi-use facility. D. Calder advised that Council approved not considering the 83 Rolph St property any further at their Feb 25, 2016 meeting. 7. Reports from Departments 7.1. Economic Development 7.1.1. Land Sales Staff confirmed that the sale to Wise Line Metal Sales Inc was proceeding toward close and the agreement with Xcel Fabrication & Design had been approved at the Feb 25, 2016 Council meeting. Discussion regarding the need for more industrial land now that the Clearview Drive lands have been sold. Letter to be prepared encouraging Town Council to invest in moving the Hwy 3 Business Park lands forward in order to be able to attract more investment in the future. 7.1.2. Draft Community Improvement Plan Staff reviewed the draft guidelines for an updated Community Improvement Plan. Committee would like to see definitions for the criteria and cost impacts of implementing. 7.1.3. Economic Development New Business Award for Chamber Staff reviewed the list of industrial and commercial investments over the past year including jobs created and investment amounts. 162 Council Meeting – Agenda - 3 - Moved By: S. Spanjers Seconded By: R. Thornton Proposed Resolution THAT Performance Communities Inc (Hayhoe Homes) be selected for the Tillsonburg Economic Development New Commercial Investment Award through the Tillsonburg District Chamber of Commerce based on their investment in three new residential subdivisions in Tillsonburg, which have resulted in additional employment, new residents and improved community aesthetics” Carried Moved By: R. Thornton Seconded By: J. Veldman Proposed Resolution THAT only one Tillsonburg Economic Development New Investment Award be awarded this year with the Industrial award not being selected. A.Burns and J. Goossens declared a conflict with respect to this item and did not participate nor voted on the resolution. Carried 8. General Business and Reports 8.1. Committee Vacancies & Election of Chair/Vice-Chair/Secretary This item was tabled until the next meeting. 9. Unfinished Business – None, see below tracking tables 10. Committee Minutes & Reports 10.1. Tillsonburg District Chamber of Commerce Would it be a good idea to debrief and review the communication process for the 253 Broadway development? Discussed that it is a prescribed process under the Planning Act that also went over and beyond required process. 10.2. Downtown Business Improvement Association – No Update 10.3. Tillsonburg District Real Estate Board January and February have seen great activity with values up over 100% in some areas versus last year. It was noted that last winter was quite severe. Listings are down. 10.4. Physician Recruitment The research on the need in Tillsonburg is underway and will be brought forward. Some frustration with lack of success in recruiting new physicians. 11. Correspondence - None 12. Other Business 12.1. Roundtable 163 Council Meeting – Agenda - 4 - Committee would like more information on the status of the Hwy 3 Business Park for the next meeting. Also, update presentation on Discover Tillsonburg initiative. Next meeting – Tuesday, April 12, at 7:30 AM 13. Adjournment Moved By: J. Veldman Seconded By: Not required. Proposed Resolution THAT the March 8, 2016 meeting be adjourned 10:01 AM. 164 = Attendance: Andrew Burns, Lisa Gilvesy, Councillor Jim Hayes, Kirby Heckford (Arrived 7:40 AM), Mayor Stephen Molnar, Randy Thornton, Steve Spanjers, John Veldman Guest: Staff Present: David Calder, Cephas Panschow Regrets: Jesse Goossens, Lindsay Morgan, Ashton Nembhard, Cedric Tomico 1. Call to Order 2. Adoption of Agenda Moved By: R. Thornton Seconded By: J. Veldman Proposed Resolution THAT the Agenda as prepared for the Committee meeting of April 12, 2016 be adopted. Carried 3. Disclosure of Pecuniary Interest – None disclosed 4. Approval of previous minutes Moved By: J. Veldman Seconded By: R. Thornton Proposed Resolution THAT the minutes for the March 8, 2016 meeting be approved. Carried 5. Presentations and Delegations 6. Information Items 6.1. Community Strategic Plan – Committee was advised that the Open House had been confirmed for Monday, April 18, from 4 – 7 PM. 6.2. Post-Secondary Education – No update 6.3. Tillsonburg Hydro Inc (THI) – No update The Corporation of the Town of Tillsonburg Development Committee Tuesday, April 12, 2016 7:30 AM Boardroom, Customer Service Centre 10 Lisgar Ave, Tillsonburg, ON N4G 5A5 Minutes 165 Council Meeting – Agenda - 2 - 6.4. Town Hall Task Force The space needs analysis is being finalized. The 83 Rolph St property is being made available through a bid process with a deadline of April 27. Circulate link. 7. Reports from Departments 7.1. Economic Development 7.1.1. Draft Community Improvement Plan Staff brought forward information from the Downtown Design Study (2012) regarding definitions for the criteria. Committee was concerned that the criteria as proposed might not be flexible enough nor take into consideration investments over multiple years. Suggestion to consider ways to incentivize businesses to lease storefronts in the downtown similar to other community marketing programs although this would likely be a separate program. Staff to redraft and bring back to next meeting. 7.1.2. Economic Development New Business Award for Chamber Moved By: R. Thornton Seconded By: A. Burns Proposed Resolution “THAT the March 11, 2016 vote by email to select J/E Bearing and Machine Ltd as the recipient of the New Investment Award – Industrial be affirmed and the decision not to award an industrial new investment award be revoked.” “That J/E Bearing and Machine Ltd be selected for the Tillsonburg Economic Development New Investment Award – Industrial through the Tillsonburg District Chamber of Commerce based on their $2.5 M investment in new equipment and machinery to improve productivity and capabilities, which has resulted in additional employment, and the lease of an additional 12,072 SF of industrial space.” Carried 7.2 Hotel Study – Three Quotations The three quotations received were reviewed by the Committee. Question raised as to why the Town would undertake this study on behalf of a private business. Reason is that Tillsonburg is not a high priority market for hotel developers and we need a “tool” to help us promote the opportunity here. Although this may be a good idea, focus should be on moving the Hwy 3 Business Park forward. Not a high priority at this time and more analysis of the proposals is needed. K. Heckford indicated he would touch base with some contacts on their thoughts about Tillsonburg. 7.3 – Hwy 3 Business Park – Status Update 166 Council Meeting – Agenda - 3 - The Request for Proposals for a Ministry of Transportation certified consultant has been released with a response deadline of May 2. Discussion that this is critical now that the Clearview Dr lands have been sold. Focus has to be on moving forward with Hwy 3 intersection design. Circulate plan. A. Burns indicated that Chamber is interested in meeting to discuss support for any issues in getting this project moving forward. 8. General Business and Reports 8.1. Committee Vacancies & Election of Chair/Vice-Chair/Secretary This item was tabled until the next meeting. Ad has been placed in the Tillsonburg News. 8.2. Tillsonburg Hub Consortium The Subcommittee brought forward their review of the business plan and discussed concerns regarding the sites identified for development (Hwy 3 Business Park is not a viable option), the proforma, and the lack of a formal partnership. The subcommittee identified next steps for the Tillsonburg Hub Consortium (THC) to consider:  Formalize the partnership with, at a minimum, letters of intent or even the creation of a non profit corporation (but delay seeking charitable status until needed);  Consider touring a number of facilities in Southwestern Ontario to get a better sense of the market and feasibility of this initiative (Kitchener facility is one suggestion);  Form non-profit corporation with a minimum financial contribution from each founding partner;  Prepare an architectural drawing of the proposed facility that will help “sell” it; and,  Fundraise a minimum amount (in addition to start-up capital) to show viability. Committee supported this information and that it be provided to the Tillsonburg Hub Consortium for consideration. 9. Unfinished Business – None, see below tracking tables 10. Committee Minutes & Reports 10.1. Tillsonburg District Chamber of Commerce Chamber representatives participated in a advocacy day with Queens Park and were provided information on the Ontario Government’s “cap and trade” program (farmers are exempt), electricity market and the Ontario Retirement Pension Plan, which has been delayed starting in 2017 only for employers without a plan and more than 500 employees. With election in 2018, there may be other changes forthcoming. 10.2. Downtown Business Improvement Association – No Update 10.3. Tillsonburg District Real Estate Board Real estate market continues to be strong. 167 Council Meeting – Agenda - 4 - 10.4. Physician Recruitment The Ministry of Health has now designated Tillsonburg as a high need area! This is a significant success and will assist with recruitment efforts. 11. Correspondence - None 12. Other Business 12.1. Roundtable D. Calder advised that Local Distribution Companies (LDCs) are being asked to promote Conservation Demand Management programs and this will be a focus with Tillsonburg Hydro Inc. The Town is currently recruiting members for the Fire Master Plan committee. A.Burns raised issue of how people in Aylmer and Delhi often forgot about Tillsonburg as a good shopping option. Is there an opportunity to do some marketing to remind people from these markets about Tillsonburg? Perhaps in conjunction with the Business Improvement Association??? How about a low cost, online marketplace??? Mayor and staff attended the Minister of Energy’s announcement at Siemens regarding the export of 36 blades to Wales, UK. Exporting of blades could be good for the local plant and employment. Next meeting – Tuesday, May 10, at 7:30 AM 13. Adjournment Moved By: J. Veldman Seconded By: Not required. Proposed Resolution THAT the March 8, 2016 meeting be adjourned 10:01 AM. 168 Town of Tillsonburg Beautification Working Group Report from the meeting of April 29, 2016 1. Attending Christine Nagy, Matt Fenn, Corey Hill, Paul DeCloet, Sue Saelens, Penny Esseltine, John Kirkland. Regrets/Absent: Wendy Cameron, Marian Smith Chair Christine Nagy called the meeting to order at 9:10 a.m. 2. Fanshawe College Student Presentations On April 15 a total of 11 groups made presentations of their completed design projects relating to a Tillsonburg Beautification Project. Christine Nagy and Penny Esseltine attended the morning presentations and Sue Saelens and Penny Esseltine attended the afternoon presentations in the landscape design studio at Fanshawe. On Monday April 18 the two professors guiding these efforts, Corinne Wilmink and Eli Cattle visited Tillsonburg with two student groups to make presentations to a larger audience of people representing the Heritage Beautification and Cemetery Committee, the Tillsonburg Horticultural Society, the Town of Tillsonburg and the Beautification Working Group. The work of all groups was available for viewing as well, displayed on printed pages. Each of the 11 groups of students produced design concepts for a two block section of Broadway, a Parklet on Broadway, one of three designated special areas including the Sear’s parkette at Oxford and Broadway, the Rotary Clock Tower area, or the public area in front of the Town Centre Mall. As well they completed concepts for a park in the privately owned property across from the Station Arts Centre on Bridge Street between Bidwell and Rolph as it offered an empty slate to work with. 3. Assessment of Presentations • Presentations were interesting, professionally prepared and creative • Design ideas relating to the space at Bridge Street between and Bidwell and Rolph Streets can be adapted to other locations. Design ideas show great territoriality and options for crime prevention • Designs not necessarily targeted to our means and sometimes beyond the culture of Tillsonburg • Good use of heritage themes (wagon wheels, oxen, turtlefest, airport, train trestle) • Parklet ideas may be more adaptable to sidestreets as Broadway being a provincial highway makes implementing these design ideas difficult • Overwhelming number of design ideas, impressed with creativity • Inclusion of tree infrastructure and an overall tree canopy throughout the downtown in all of the student designs • Some suggestion for lighting and planter designs. More of this would be helpful. • Great jumping off point. We can take good ideas from all of these projects and adapt them for our use and planning purposes 4. Beautification Priorities and Action Items • Trees, storm water management, tree infrastructure required  identify kinds of trees that could be used for street plantings referencing Fanshawe presentations, Tillsonburg Tree By-Law, and other resources including Central Area Design study (Sue) (others who have suggested tree ideas)  B.I.A. will replace damaged or missing trees in existing Broadway locations in 2016 (John) • Street and Sidewalk Lighting  Review lighting options recommended in Fanshawe presentation as well as Central Area Design Study (Penny)  B.I.A. has reviewed lighting options in the past and recently forwarded letter to Operations Director asking to be included in conversation about lighting on Broadway (John)  Request for Director of Operations Kevin DeLeebeck to attend May 9 meeting regarding both lighting and infrastructure for trees (Penny) • Oxford and Broadway Park (Sear’s Parkette) 169  Corey reports this is a priority for Parks Department  always difficult to keep existing fountain looking healthy  review original plans for this parkette and bring forward to next meeting (John)  isolate plans from Fanshawe projects as well as Central Area Design Study and bring to next meeting (Christine) • Clock Tower Area  Identified as potential independent project for funding purposes  bring forward Fanshawe student recommendations for area as well as information from Central Area Design Study (Penny)  Identify town-owned property around clock tower (Corey) • Bump Outs, Traffic Calming Measures  reserve for later conversation • Art Park (north side of Bridge Street between Rolph and Bidwell Streets)  take park proposal and design concepts to McLaughlin Family (Christine) • 2016 Urns at Test Locations (Broadway and Ridout) (Broadway and Brock)  Tillsonburg Garden Gate generously offers to fund plantings and contribute/loan urns at one Broadway intersection for 2016 (Matt)  Urns to be approximately 36” high and placed on nodes extending from sidewalks (Matt)  Plantings to complement hanging baskets planned by B.I.A. Beautification group with assistance from Horticultural Society in 2016 (John and Christine)  Potential funding to support demonstration plantings at second location on Broadway provided by Knights of Columbus (This to include plants as well as contribution toward watering). Contact to be made with Brian Stephenson. (Penny)  Funding from Tillsonburg Lions Club ($200) is available to support this project (Sue) This list of priorities is an initial consideration. We will continue to work with, learn from, and adapt the information and design concepts provided by Fanshawe College students as we move forward. 5. Date of Next Meeting Monday, May 9, 2016, 9:00 a.m., Marwood Lounge Chair: Christine Nagy Recorder: Penny Esseltine 05/02/16 170 = ATTENDANCE MEMBERS PRESENT: Charles Baldwin, Paul DeCloet, Penny Esseltine, Corey Hill, Robert Marsden, Christine Nagy, Sue Saelens, Marian Smith, Maurice Verhoeve, Paul Wareing. Janet Wilkinson MEMBERS ABSENT/REGRETS: Ken Butcher, Tricia Smith 1. Call to Order The meeting was called to order at 9:03 a.m. 2. Adoption of Agenda Moved By: J. Wilkinson Seconded By: P. DeCloet Proposed Resolution #1_ THAT the Agenda as amended for the Heritage, Beautification & Cemetery Advisory Committee meeting of May 5, 2016, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof: None 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of April 7, 2016 Moved By: P. Esseltine Seconded By: J. Wilkinson Proposed Resolution #2_ THAT the Minutes of the Heritage, Beautification & Cemetery Advisory Committee Meeting of April 7, 2016, be approved. Carried 5. Delegations and Presentations; None 6. General Business & Reports 6.1. Heritage Building Designation – information was presented by J. Wilkinson about 53 Oxford Street and 21 Bidwell Street in Tillsonburg Moved By: J. Wilkinson Seconded By: S. Saelens Proposed Resolution #3 THAT the process be implemented to designate the buildings at 53 Oxford Street and 21 Bidwell Street in Tillsonburg as Heritage Buildings. Carried 6.2. Keep Tillsonburg Beautiful – C. Hill reported that all the arrangements are in place for the tree planting event to be held Saturday, May 7, 2016 beginning at 9:00 a.m. The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE May 05, 2016 9:00 a.m. Marwood Lounge Community Centre MINUTES 171 6.3. Columbarium – C. Hill reported that a new columbarium to replace the defective one should be in place in August 2016 7. Correspondence 7.1. E-mail from Community Heritage Ontario confirming membership 7.2. E-mail from Talk Tillsonburg requesting to join the Keep Tillsonburg Beautiful event next year. 8. Other Business 8.1. Beautification Working Group (BWG) Report – C. Nagy gave a summary of the student presentations from Fanshawe College, both at the college and in Tillsonburg on April 18. There were many diverse ideas to choose from. Priorities are storm and water management/ infrastructure, tree canopy and street lighting. There will be at least four test flower urns on Broadway this year being loaned by Garden Gate who is also donating the soil and flowers. The Knights of Columbus have indicated they may make a donation of $2,000 which may be used to have more test urns. May 9, 2016 at 9:00 a.m. is the next meeting of the BWG. Horticultural Society is having their one major fundraiser on May 17 – Annual Plant Auction. Doors open at 5:45 and auction starts at 6:30 p.m. 8.2. Cemetery Security – a discussion took place about flowers being stolen from graves in the cemetery. There is no way to prevent this. The police are already doing periodic drive through security checks. 8.3. Trottier Woodlot – there are still a few marked trees to be removed by Town staff. Town has cleaned the walkway and waiting for it to dry before rolling smooth. There will be a tender to remove fuelwood in the fall. 9. Closed Session 9.1. Mausoleums – all three mausoleums need extensive and expensive repairs to make them safe. Families and responsible for maintenance first. If no family is available, then the Town has prerogative to demolish if necessary for safety considerations. 10. Next Meeting The next meeting of the Heritage, Beautification & Cemetery Advisory Committee will be on June 2, 2016 at 9:0 a.m. in the Marwood Lounge. 11. Adjournment Moved By: P. DeCloet Seconded By C. Nagy: Proposed Resolution # THAT the Meeting of Heritage, Beautification & Cemetery Advisory Committee on May 5, 2016 be adjourned at 10:10 a.m. Carried. 172 173 174 175 176 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - April 6, 2016 (as approved at the Board of Directors meeting held May 4, 2016) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt and John Scholten Staff in attendance: C. Evanitski, J. Robertson, J. Maxwell, D. Holmes, L. Minshall, P. Gagnon, B Hodi and D. McLachlan Regrets: Craig Grice, David Hayes and Tom Southwick The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, April 6th, 2016 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-43/16 moved: D. Beres seconded: R. Chambers THAT the LPRCA Board of Directors add “Long Point Watershed Conservation Award” under New Business as item 10 (o) to the April 6th, 2016 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS There were no questions or comments concerning the minutes. MOTION A-44/16 moved: R. Geysens seconded: J. Scholten THAT the minutes of the LPRCA Board of Directors Regular Meeting held February 26th, 2016 be adopted as circulated. CARRIED 177 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - BUSINESS ARISING a) Haldimand Campers’ Deputation The representatives from the Haldimand Campers Association were notified of the outcome in response to their deputation. The seasonal camper letter was updated to reflect the results of the requests of the delegation. After the recent septic haulage tender, the same haulers, Frank’s Septic and Bayside Septic, will be working the parks again this season. Costs range from $118.65 per load for Norfolk, Backus and Deer Creek to $209.05 per load at Waterford. MOTION A-45/16 moved: L. Bartlett seconded: N. Haydt THAT the LPRCA Board of Directors receives the staff report regarding the Haldimand Campers’ Delegation Request as information; AND THAT the Board deny the request to defer the additional fee payment for seasonal campsites. CARRIED REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE MOTION A-46/16 moved: J. Scholten seconded: R. Geysens THAT the correspondence outlined in the Board of Directors’ Agenda of April 6th, 2016 be received as information. CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Planning staff approved 22 applications over the past two months. MOTION A-47/16 moved: R. Geysens seconded: J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated April 6th, 2016 as information. 178 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3 - CARRIED b) New Applications The Planning Department recommended the approval of four applications. MOTION A-48/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-21/16 LPRCA-24/16 LPRCA-23/16 LPRCA-38/16 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED NEW BUSINESS a) CALENDAR REVIEW The coming month will be a busy one with Backus and community events. Of note, the Siemens’ Earth Day Tree Planting will be at 2:30pm instead of the stated 2:00pm start, and P. Gagnon, Lands & Waters Supervisor, will be presenting a biodiversity seminar to Alliance Tobacco in Delhi. The GM spoke to an Eco-Tourism class at Fanshawe College in Simcoe on April 1st about the Conservation Authorities Act and the upcoming review by MNRF. MOTION A-49/16 moved: L. Bartlett seconded: J. Scholten THAT the LPRCA board of Directors receives the April Calendar Review Report as information. CARRIED b) GENERAL MANAGER’S REPORT The GM reported a change at the Port Burwell Marina. The new lessee has discussed improvement plans and would like to start infrastructure upgrades but would first like a lease extension. No questions or comments. 179 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4 - MOTION A-50/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors receives the General Manager’s Report for February and March 2016 as information. CARRIED c) 2016 SCATTER AND POD TREE PLANT TENDER LPRCA typically contracts out tree-planting services on an annual basis. This year, staff tendered out the planting of approximately 40,000 trees and the recommended tender was received by Giles Restoration Services, a company that has been used with great success in the past. The cost is funded by the various funding programs and does not have an impact on the budget. MOTION A-51/16 moved: J. Scholten seconded: R. Chambers That the LPRCA Board of Directors approves the tender received from Giles Restoration Services for a total of $22,117.97 (taxes included) for LPRCA’s Spring 2016 Scatter and Pod Planting contract. CARRIED d) GREAT LAKES GUARDIAN COMMUNITY FUND Staff applied for two projects through the Great Lakes Guardian Community Fund: 1) Lake Lisgar - Phase 5 which involves dredging and planting of aquatic vegetation; 2) Port Burwell East Beach Restoration which involves planting native dune vegetation, fence installation and signage. MOTION A-52/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors authorize the General Manager to enter into a Grant Funding Agreement with the Province of Ontario. CARRIED e) MEMORIAL WOODLOT When the Long Point Region Memorial Forest was established, a lot of the original plantings included various ash species. Since then, there has been greater diversification in tree species but there are 162 ash trees that must be removed this year due to infestation by the Emerald Ash Borer (EAB). Once EAB was discovered, 180 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5 - ash trees were no longer planted in the Memorial Forest. Trees will be replaced with other species next spring. A news story will be released, previous donors and funeral homes will be notified and posters will be displayed at Backus detailing the work being done. MOTION A-53/16 moved: J. Scholten seconded: Roger Geysens THAT the LPRCA Board of Directors receives the report on the Memorial Forest as information; and THAT the Board approves allocating up to $16,000 from the Memorial Woodlot Reserve to remove ash trees from the Memorial Forest. CARRIED f) ECOLOGICAL INVENTORIES – FOREST MANAGEMENT LPRCA conducts ecological surveys prior to forest management activities. These surveys are contracted out and conducted annually. This year ecological surveys will be conducted at two properties consisting of 141 acres (57 Ha) total. Staff had hired a different ecologist in the past but, due to rising costs, researched other firms and retained Blue Oak Native Landscapes in 2015. Staff has again recommended retaining the services of Blue Oak Native Landscapes. MOTION A-54/16 moved: R. Chambers seconded: R. Geysens THAT the LPRCA Board of Directors approves retaining the services of Paul O’Hara of Blue Oak Native Landscapes to conduct ecological inventories of identified Conservation Authority properties – totaling 141 acres (57 Hectares) for a total submitted bid of $19,662, which includes all applicable taxes and disbursements, as part of the 2016/2017 Forest Management Operating Plan. CARRIED g) VIC GIBBONS RECOGNITION EVENT A wine and cheese event is scheduled at Backus Heritage Conservation Area on Friday, April 22 in honour of Vic Gibbons who has generously donated artwork to LPRCA in support of conservation education. Tickets are $15 each and include admission, a complimentary Gibbons print, entry into a door prize and a sampling of local cheeses. Organizers are still requesting donations for the silent auction. MOTION A-55/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors approves naming the auditorium in the Conservation Education Centre at Backus Heritage Conservation Area as “The Gibbons Room” in recognition of donations made by artist Vic Gibbons. CARRIED 181 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 6 - h) SPECIAL USE OF AUTHORITY PROPERTIES The report and survey on special use of Authority properties was last completed in 2006. In summary, trapping is allowed with permission; hunting is allowed on most properties, permission is not required; off-road vehicles are not allowed; snowmobiles are allowed; and boating is allowed on certain waterways with limitations. MOTION A-56/16 moved: J. Scholten seconded: R. Chambers THAT the LPRCA Board of Directors receives the LPRCA Policy on Special Use of Authority Properties Report as information CARRIED i) FOREST MANAGEMENT OPERATING COSTS Since the early days of the Conservation Authority, one of the main priorities has been forest land acquisition to help fulfil its core mandated programs as directed by the Province. All of LPRCA’s forested properties are under either the Managed Forest Tax Incentive Program (MFTIP) or Conservation Land Tax Incentive Program (CLTIP). Forest management activities are secondary after water retention and low-flow augmentation functions. Revenues are obtained from forest management sales while expenses include but are not limited to staff costs, garbage collection, signage, equipment maintenance and/or rentals, as well as, gate replacement if needed. MOTION A-57/16 moved: L. Bartlett seconded: D. Brunton THAT the LPRCA Board of Directors receives the Forest Management Operations – Authority Woodlots Report as information CARRIED j) 2015 PARK OCCUPANCY REPORT Park occupancy statistics are compiled on a monthly basis. It was noted that the daily camper rate is low during the shoulder seasons with the exception of Deer Creek. Deer Creek is a very popular, smaller park with a long seasonal camper waiting list. It also has a shortened camping season opening just before the Victoria Day long weekend and closing Labour Day. Staff is looking to enhance the social media activities in order to bring more visitors to the parks. MOTION A-58/16 moved: L. Bartlett seconded: D. Beres THAT the LPRCA Board of Directors receives the staff report regarding the 2015 Occupancy Report as information 182 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 7 - CARRIED k) SWOOP 2015 UPDATE SWOOP is the South Western Ontario Orthoimagery Program administered by the Ministry of Natural Resources and Forestry (MNRF). The SWOOP data is updated every five years and is used by the Planning and Forestry staff. The data can be utilized by licensed funding partners only. The imagery is multi-spectral, can see moisture content of the soil, the soil contents and can determine elevations. It is important for floodplain mapping; wetland mapping; dam safety and dam break reviews; property management to monitor encroachment; among other uses. SWOOP data is quality controlled and quality assured. By using SWOOP data LPRCA saves time and money as site visits must be conducted by two staff members and could be anywhere within the watershed. LIDAR was mentioned but it does not offer the same required data. MOTION A-59/16 moved: L. Bartlett seconded: D. Brunton THAT the LPRCA Board of Directors receives the SWOOP Update Report as information CARRIED l) NATIONAL DISASTOR MITIGATION PROGRAM (NDMP) UPDATE Staff reviewed the history of flooding and the risk of future flooding along the Norfolk County resort/coastal communities. Conservation authorities are mandated to develop and maintain programs that will protect life and property from natural hazards such as flooding and erosion. In June 2015, the Board directed staff to apply to the NDMP to obtain updated data for emergency response in low-level, flood-prone areas. The total project cost is $240,000 with $120,000 confirmed by Public Safety Canada provided Norfolk County Council approve $90,000 special levy over two years and a contribution of $12,000, plus in-kind staff time from LPRCA. The deadline to proceed is April 15. Discussion ensued. MOTION A-60/16 moved: D. Beres seconded: R. Chambers THAT LPRCA proceed with the project to update flood hazard mapping and flood risk assessment for the Lake Erie shoreline in Norfolk County, subject to Norfolk County’s approval, and THAT the General Manager be authorized to enter into an Agreement with the Ontario Ministry of Municipal Affairs and Housing. CARRIED 183 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 8 - m) COMMUNICATIONS UPDATE Staff has reviewed the Twitter pilot project and made a number of recommendations to increase/enhance LPRCA’s profile on social media channels. Marketing and communications efforts will focus on experiences to be had at the five conservation areas. Additional staff, including park supervisors, will be trained and authorized to post to LPRCA Twitter, Facebook and Instagram accounts during the upcoming camping season in an effort to bring more people to the parks and experience all that LPRCA has to offer. MOTION A-61/16 moved: N. Haydt seconded: D. Beres THAT LPRCA Board of Directors receives the Communications Update as information; and THAT the expanded social media program be approved as presented. CARRIED n) HALDIMAND CAMPSITE HYDRO UPGRADES TENDER Staff recommended accepting the tender received from Darlington Wiring and Plumbing to complete the hydro upgrades at Haldimand Conservation Area. Staff asked that $6500 be transferred from the budgeted Backus water system capital upgrade project to complete a full block of sites at Haldimand. Staff predict that the Backus project will be under budget. It is projected the Haldimand hydro upgrades would be completed prior to park opening May 1st, depending on weather conditions. MOTION A-62/16 moved: N. Haydt seconded: D. Beres THAT the LPRCA Board of Directors accepts the tender submitted by Darlington Wiring and Plumbing Ltd. for campsite upgrades at Haldimand CA for a total submitted tender price of $23,852.92 + HST; AND FURTHER THAT $6500 be re-allocated from capital projects at Backus Heritage CA to the Haldimand campsite upgrades to cover the cost over-run. CARRIED o) LONG POINT REGION WATERSHED CONSERVATION AWARD The Chair recommended the creation of a new conservation award to recognize landowners who provide good stewardship on private lands. The General Manager was directed to provide a report detailing terms of reference and award criteria. 184 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 9 - MOTION A-63/16 moved: L. Bartlett seconded: N. Haydt That the LPRCA Board of Directors does now enter into an “In Camera” session to discuss: a proposed or pending acquisition or disposition of land by the Conservation Authority; CARRIED MOTION A-64/16 moved: D. Brunton seconded: N. Haydt That the LPRCA Board of Directors does now adjourn from the “In Camera” session. CARRIED MOTION A-65/16 moved: D. Beres seconded: L. Bartlett THAT the LPRCA Board of Directors directs staff to proceed with an appraisal, survey and any other required actions regarding the potential donation of said property in Norfolk County as per the GM’s in-camera presentation, and bring forward a final acquisition report for the Board’s consideration. CARRIED The Chair adjourned the meeting at 9:20pm. _____________________________ ________________________________ Michael Columbus Dana McLachlan Chair Administrative Assistant 185 COUNCIL REPORT MAYOR’S OFFICE Report Title: UPDATE –CAO Performance Appraisal Report No.: MYR 16-07 Author: Mayor Molnar (Review Committee) Type: COUNCIL MEETING Date: MAY 24, 2016 RECOMMENDATION: THAT Council receives Report MYR 16-07; AND THAT Council endorses the recommendations for the 2016 Goals and Objectives and Remuneration; AND THAT the work of the Review Committee be considered complete and that the Committee be disbanded. EXECUTIVE SUMMARY The purpose of this report is to provide updated information regarding the CAO Performance Evaluation Process as approved by Council. As directed by Council Resolution (Report MYR 16-03) of February 25, 2016, a CAO Performance Review Committee was established. Composition of this Committee included Mayor Molnar, Councillor Esseltine and Councillor Adam. The Committee has met on numerous occasions and in consultation with all members of Council have collectively prepared this report and its’ accompanying recommendation for review and consideration. INFORMATION The recommended process, as agreed to by the Committee, is as follows; • Review the Objectives (and themes) as communicated by the CAO in 2015. 186 • Review the performance of the CAO in 2015 in relation to Council direction and CAO initiatives. • In conjunction with the CAO and with input from Council members, the Committee will develop Goals and Objectives for 2016. • Establish the measurement criteria for the defined Goals and Objectives for 2016. • The Committee has tabulated the results of the responses from individual Council members and prepared a supplemental report highlighting the following; o Summary sheet illustrating a tabulated summary of Council input. o Identification of Committee consensus on Council directed 2016 Goals and Objectives for the CAO. • In consideration of all the information collected and reviewed, the Committee is pleased to recommend to Council the following; o Recommendation to Council regarding the 2016 Goals and Objectives; o Recommendation(s) for CAO compensation on a yearly basis. COUNCIL DIRECTION Supplemental to the earlier input from individual Council members, the Committee has met to review and tabulate the information. The material in this report, and the subsequent recommendations, is an attempt for the Committee to present a substantive report representative of the consensus of individual Council input. Subsequent to any adoption by Council, the entire report will be introduced to the CAO’s employee file and all recommendations adopted shall be implemented. Page 2 / 2 187 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4017 A BY-LAW to adopt the Delegation of Powers and Duties Policy. WHEREAS Section 270 (1) of the Municipal Act, S.O. 2001, c. 25, provides that a municipality shall adopt and maintain a policy with respect to the delegation of its powers and duties. AND WHEREAS Section 23.1 (1) of the Act further provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. AND WHEREAS the Council of the Corporation of the Town of Tillsonburg wishes to delegate powers which are considered minor in nature, subject to specified criteria, to municipal employees; NOW THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Town of Tillsonburg Delegation of Powers and Duties Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 9th day of May, 2016. Read a Third and Final Time and passed this 9th day of May, 2016. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson 188 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 Approval Date Revision Date Schedules A. POLICY STATEMENT The purpose of this policy is to establish provisions for the delegation of the powers and duties of Council. Previously, Council could delegate administrative matters only, but now a municipality’s authority to delegate has been broadened to include legislative and quasi-judicial powers that have traditionally been held by Council alone. This will help streamline Council’s decision-making process by enabling it to focus on larger issues as well as enhance community engagement regarding specifically defined local issues. The Council of the Town of Tillsonburg is directly accountable for all municipal powers and duties as legislated under the Municipal Act, 2001 or any other Act and at the same time recognizes that the delegation of powers and duties may provide for improved efficiencies, the utilization of a particular expertise or enhanced engagement. In determining any delegation of its powers and duties, Council shall abide by the legislative restrictions and shall also ensure that such delegation will be accomplished maintaining the principles of accountability and transparency. 1.0 Legislative Authority 1.1 Section 270 (1) of the Municipal Act, S.O. 2001, c. 25, provides that a municipality shall adopt and maintain a policy with respect to the delegation of its powers and duties. 1.2 Section 23.1 (1) of the Act further provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 1.3 Section 23.2 of the Act restricts the delegation of legislative and quasi-judicial powers to powers under “this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed”. Page 1 / 12 2-006 Delegation 189 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 2.0 For the purposes of this Policy 2.1 “Act” shall mean the Municipal Act, S.O. 2001, c. 25. 2.2 “Administrative Powers” shall mean those powers that a natural person could delegate and that relate to the management of the municipal corporation. 2.3 “Legislative Powers” shall mean those powers that require policy setting and by-law making. 2.4 “Officer” shall mean an employee of the Town holding some position of responsibility or authority. 2.5 “Policy” shall mean a high-level overall plan embracing the general goals and acceptable procedures especially of a governmental body. 2.6 “Procedure” shall mean specific methods employed to express policies in action in day-to- day operations of the organization. 2.7 “Quasi-Judicial Powers” shall mean those powers that require judgement and decision making. These decisions are based less on policy and procedure, and more on the adjudication of individual rights and duties. 2.8 “Town” shall mean the Corporation of the Town of Tillsonburg. 3.0 Powers that cannot be Delegated 3.1 Section 23.3 (1) of the Act sets out the specific circumstances in which a municipality cannot delegate its powers or duties as follows: a) appointing or removing officers of the municipality whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); b) imposing taxes; c) incorporating corporations; d) adopting or amending the official plan; e) passing zoning by-laws; Page 2 / 12 190 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 f) passing bonusing by-laws related to small businesses operating or proposing to operate in the municipality or bonusing by-laws related to the provision of municipal capital facilities; g) adopting community improvement plans which include bonusing arrangements; h) adopting or amending the municipal budget; and i) other powers or duties as prescribed. 4.0 Restrictions Regarding Delegation of Legislative and Quasi-Judicial Powers 4.1 Legislative and quasi-judicial powers may only be delegated to the following: a) one or more members of Council or a committee of Council; b) a body having at least two members of whom at least 50 per cent are members of Council and/or Council appointees; or c) an individual who is an officer, employee or agent of the Town, but only if the power delegated is of a minor nature. 5.0 Scope of Power 5.1 All delegations of Council powers, duties or functions shall be effected by by-law. 5.2 Unless a power, duty or function of Council has been expressly delegated by by-law, all of the powers, duties and functions of Council remain with Council. 5.3 A delegation may be restricted or revoked at any time without notice unless the delegation by-law specifically limits Council’s power to restrict or revoke the delegation. This limitation to Council’s power shall not extend beyond the term of the current council and will not restrict the power of succeeding councils to revoke the delegation. 5.4 A delegation may provide that only the delegate can exercise the delegated power or that both Council and the delegate can exercise the power jointly. 5.5 Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including such conditions, approvals and appeals as Council considers appropriate. Page 3 / 12 191 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 5.6 Council has the authority to establish an appeal body to hear appeals or review decisions made under a delegated power as per Section 284.1 of the Act. This includes the power to determine procedures, powers and rules of those conducting the appeal. 5.7 Unless specifically authorized by statute or regulation, any delegation of Council decision- making powers and duties to any Board or Committee of Council shall be authorized by by-law. Such delegated powers and duties, if any, shall be set out in the terms of reference adopted by Council pursuant to the Town’s Procedure By-law. 6.0 Authorization of Expenditures 6.1 Council has the ultimate authority for all expenditures. Council delegates this authority through the authorization of budgets, the purchasing policy or by specific resolution. 6.2 The Purchasing Policy sets out the authority for Procurement and sets purchase limits. It also provides direction on the circumstances in which certain purchasing mechanisms are appropriate (i.e. informal quotes, written quotes, tender submissions or requests for proposal). 7.0 Authority to Execute Agreements 7.1 Despite Section 5 (3) of the Act, Section 23.1 (3) provides that Council may require that the delegate act by by-law, resolution or otherwise. 7.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize a Director to enter into an agreement and shall authorize the Director and the CAO to legally bind the Corporation by jointly executing said agreement without by-law approval if the following criteria are met: a) the subject matter is non-financial; b) the subject matter is financial or procured in accordance with the purchasing policy and for which approved operating or capital budget exists; c) the subject matter is of an administrative or operational nature and relates to the management of the municipal corporation; and Page 4 / 12 192 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 d) the agreement is for a term not exceeding five (5) years. 8.0 Chief Administrative Officer and Director of Operations 8.1 Planning Agreements 8.1.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 8.1.2 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Planning Act, R.S.O. 1990 Section 30, 41, 50, 51 and 53 to delegate certain powers and duties to appointed officers for the purpose of expediting the execution of certain agreements, this policy shall authorize the CAO and the Director of Operations to execute on behalf of the Corporation of the Town of Tillsonburg: a) community improvement plan agreements; b) development agreements for the purpose of site plan control; c) part lot control agreements; d) severance agreements; e) easement agreements; f) pre-servicing agreements; and g) subdivision agreements. 9.0 Chief Administrative Officer (CAO) 9.1 Site Plan Control (By-Law 3513) 9.1.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 9.1.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, and for the purpose of shortening the time period required to process applications for Site Plan Control, this policy shall authorize the CAO and the County Development Planner to: Page 5 / 12 193 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 a) sign final site plans for the purpose of indicating that final approval has been granted by the approval authority and is acceptable for registration purposes; b) grant extensions of site plan approval; and c) change the conditions of site plan approved plans and draft approved site plans. 9.2 Appeal of Planning Decisions to the Ontario Municipal Board 9.2.1 Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council may, by by-law, delegate any authority, subject to certain restrictions, to an appointed officer identified in the by- law either by name or position occupied. 9.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Planning Act, R.S.O. 1990 to delegate certain powers and duties to staff, and for the purpose of lodging appeals prior to the end of an appeal period for a planning application, this policy shall authorize the CAO, in consultation with the County Development Planner to appeal the decision of a planning application on the basis of sound planning reasons, subject to the appeal being confirmed by Council at the following Council session. 9.3 Minor Sign Variances - Sign By-Law 3798 9.3.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 9.3.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, and for the purpose of shortening the time period required to process applications for Minor Sign Variances, this policy shall authorize the CAO or his/her designate to consider minor sign variances applications with regard to: a) Special circumstances or conditions applying to the property, building or use; b) Pre-existing special circumstances or conditions not created by the owner; c) Sign will detrimentally alter the character of the building, property or area; and d) The general intent and purpose of the Sign By-law is maintained. 9.3.2 Whereas applications that are considered not to be minor in nature will be considered by Town Council and any minor variance applications at the discretion of the CAO to be determined not to be minor in nature will be considered by Town Council for final decision. 9.3 Restricted Acts after Nomination Day (By-Law 3444) Page 6 / 12 194 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 9.3.1 In the event that Council becomes “lame duck” and restricted by the provisions of Section 275 of the Municipal Act, 2001 in an election year, the following duties shall hereby be delegated to the CAO: a) the appointment or removal from office of any officer of the municipality, except officers whose appointment is required by the Municipal Act (i.e. Clerk or Treasurer); b) the hiring or dismissal of any employee of the municipality; c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, if the disposition was not included in the most recent budget; and d) making any expenditure or incurring any other liability which exceeds $50,000, if the liability was not included in the most recent budget. 9.3.2 Section 275 (6) provides that nothing in the Act “prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to nomination day”. 10.0 Town Clerk 10.1 Municipal Freedom of Information and Protection of Privacy Act (By-Law 2535) 10.1.1 Section 3 (1) of the Municipal Freedom of Information and Protection of Privacy Act, 2001, R.S.O. 1990 provides that the members of the council of a municipality may by by-law designate from among themselves an individual or a committee of the council to act as head of the municipality for the purposes of the Act. 10.1.2 Section 49 (1) of the Municipal Freedom of Information and Protection of Privacy Act further provides that a head may in writing delegate a power or duty granted or vested in the head to an officer of the institution. 10.1.3 Whereas it is desirable and expedient in the conduct of Council’s affairs to designate a head for the purposes of the Municipal Freedom of Information and Protection of Privacy Act and to delegate certain powers and duties vested in the head to an officer of the corporation, this policy shall designate the Mayor as head and shall authorize the Town Clerk or his/her designate to act as head pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Page 7 / 12 195 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 10.2 Records Retention (By-Law 3933) 10.2.1 Whereas Section 255 (3) of the Municipal Act 2001 provides that a municipality may, subject to the approval of the municipal auditor, establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved. 10.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to establish or amend retention periods for the records of the Corporation of the Town of Tillsonburg, subject to the approval of the municipal auditor. 10.3 Licensing of Businesses with the Town of Tillsonburg (By-Law 3666) 10.3.1 Whereas Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality. 10.3.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate to act as Licensing Officer for the purpose of issuing a Business License pursuant to the terms and conditions set out in the current By-Law to govern the licensing of businesses within the Corporation of the Town of Tillsonburg. 10.4 Municipal Significant Events 10.4.1 Whereas the Alcohol and Gaming Commission of Ontario (AGCO) Regulation 389/91 requires that an organization that is not a registered Charity Organization or does not have a not for profit organization designation, they must by designated as a ‘municipal significant event” by the municipality in order to obtain a Special Occasion Permit (SOP). 10.4.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Town Clerk or his/her designate Page 8 / 12 196 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 to provide the designation for the purpose of obtaining a Special Occasion Permit from the AGCO. 11.0 Director of Operations 11.1 Encroachment on Municipal Land (Policy Aug 12, 2013 Council Resolution) 11.1.1 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect of encroachments on Municipal land to delegate certain powers and duties to appointed officers for the purpose of expediting the execution of certain agreements, this policy shall authorize the Director of Operations and the Chief Administrative Officer (CAO) to approve and jointly execute on behalf of the Corporation of the Town of Tillsonburg encroachment agreements for the purpose of allowing certain encroachments on town owned land for a determined period of time. In addition, The Director of Operations or his/her designate shall be authorized to approve temporary encroachment permits on municipal land for a short period of time. 11.2 Temporary Road Closures 11.2.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to temporarily close a road or any part of it under the jurisdiction of the Town for any period. 11.2.2 Such a temporary road closure is appropriate in the following circumstances: a) during construction, repair or improvement of the road or any works under, over, along, across or upon it, where the construction, repair or improvement is initiated either by the Town or a utility company with a statutory right of access or an access agreement with the Town allowing occupancy of the highway OR where it is privately initiated by other than a utility company with a statutory right of access or an access agreement with the Town allowing occupancy of the highway but only for a period not exceeding 21 days; b) where, in the opinion of the Director of Operations or his/her designate, environmental factors such as, but not limited to, flooding of the road, erosion of the roadbed, trees or tree limbs fallen across or along the road, or other material lying or being upon the road, would present a hazard to the traveling public; Page 9 / 12 197 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 c) to facilitate a social, recreational, community, athletic, or cinematographic event, or any combination of them where the organization requesting the event accepts the responsibility for establishing suitable detour roads, erection and removal of barricades and signs, maintenance and restoration of detour roads and all associated costs, provide $5,000,000.00 liability insurance naming the Town as an additional insured, and holds the Town harmless from any action or cause or style of action; or d) to facilitate the movement of an oversized load. 11.3 Environmental Approvals 10.3.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to sign applications for environmental approvals under the Ontario Water Resources Act, R.S.O. 1990, as amended and the Environmental Protection Act, R.S.O. 1990, as amended. 11.4 Construction Zone Designations 11.4.1 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Director of Operations or his/her designate to designate a highway or portion of a highway under the municipality’s jurisdiction as a construction zone in accordance with subsection 128(8.1) of the Highway Traffic Act, R.S.O. 1990, for the purpose of reducing the maximum rate of speed. 12.0 Chief Building Official 12.1 Prohibit and Regulate the Fortification to Land (By-Law 4006) 12.1.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 12.1.2 Whereas The Corporation of the Town of Tillsonburg (the “Town”) deems it to be in the interest of public health, safety and well-being to regulate fortification and protective elements with respect to land, and particularly to ensure that such fortification and protective elements do not hinder the lawful access to and egress from land, building and structures by law enforcement officers, emergency services personnel and the public; Page 10 / 12 198 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 12.1.3. Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to the Chief Building Official or his or her designates pursuant to Part I of the Municipal Act, including particularly sections 23.1, 23.2 and 23.5, to consider, grant and refuse exemptions under the “Fortification By-Law” since the exemptions provided for would be limited to particular properties and limited in their impact on the duties of law enforcement officers and emergency services personnel. 12.2 License, Regulate and Govern Taxicabs(By-Law 2995) 12.2.1 Whereas Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides, among other things, that the council of a local municipality may pass By-Laws for licensing, regulating and governing owners and drivers of taxicabs and accessible taxicabs used for hire or any class or classes thereof. 12.2.2 Whereas it is desirable and expedient in the conduct of Council’s affairs to delegate certain powers and duties to staff, this policy shall authorize the Chief Building Official or his/her designate to act as Licensing Officer for the purpose of issuing a Taxicab License pursuant to the terms and conditions set out in the current By-Law to Provide for the Licensing, Regulating and Governing of Owners and Drivers of Accessible Taxicabs and Taxicabs Used for Hire within the Town. 12.3 Conditional Building Permit Agreements (Council Resolution Sept. 28, 2015) 12.3.1 Section 23.1 (1) of the Act provides that a municipality may “delegate its powers and duties under this or any other Act to a person or body” subject to certain restrictions. 12.3.2 Whereas the Building code Act, Section 8(3) authorizes Chief Building Officials 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. 12.3.3 Whereas it is desirable and expedient in the conduct of Council’s affairs in respect to the Building Code Act, to delegate certain powers and duties to the Chief Building Official for the purpose of expediting the execution of conditional building permit agreements, this policy shall authorize the Chief Building Official to execute on behalf of the Corporation of the Town of Tillsonburg such agreements. 13.0 General Page 11 / 12 199 COUNCIL POLICY DELEGATION OF POWERS AND DUTIES Policy Number 2-006 13.1 Where any of the delegated powers set out in this Policy are contested the matter shall be considered in accordance with Section 5.6. 13.2 This policy shall be reviewed periodically as deemed appropriate by the Chief Administrative Officer. Page 12 / 12 200 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4018 A BY-LAW to amend By-Law 3596, being a by-law to prohibit smoking in certain public places within the Town of Tillsonburg. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s smoking by-law to remove Sections 5.2 and 5.3 and Schedule C which refer to voluntary payments; AND WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces within the municipality and Section 128(1) of said Act provides that a municipality may prohibit and regulate with respect to a matter that in the opinion of Council are or could be public nuisances; THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1.0 THAT the following sections shall be removed from By-Law 3596; “5.2 Notwithstanding any other provisions of this Part in respect to penalties for violation of the provisions of this By-law, any person may, upon presentation of an infraction notice issued by a police officer or a by-law enforcement officer alleging commission of any of the offences under this By-law set out in Schedule “C”, pay out of Court within the time limit specified on the said infraction notice the penalty set out opposite such offence as indicated in Schedule “C” to this By-law. Upon such payment no further proceedings shall be taken under this By-law in respect to the said alleged offence.” “5.3 If a voluntary payment is not made in accordance with the procedure provided in Section 5.2, the procedures of the Provincial Offences Act, or any successor thereof, shall apply.” 2.1 THAT the following schedule shall be removed from By-Law 3596; “Schedule C, Part 1 Provincial Offences Act.” 3.1 THAT this by-law shall come into full force and effect upon final passing hereof. READ A FIRST AND SECOND TIME THIS 24th DAY OF May, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF May, 2016. ________________________________ Mayor – Stephen Molnar _______________________________ Town Clerk – Donna Wilson 201 Page 1 of 8 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4019 A BY-LAW TO REGULATE AND CONTROL THE GRANTING OF ENCROCHMENTS ON HIGHWAYS AND PUBLIC LANDS WITHIN THE TOWN OF TILLSONBURG WHEREAS The Municipal Act, 2001, S.O. 2001, c.25 (hereinafter the “Municipal Act, 2001”) provides that a lower-tier municipality may pass by-laws within the following spheres of jurisdiction: Highways, including parking and traffic on highways at section 11(3) 1; Culture, parks, recreation and heritage at section 11(3) 5 and Structures, including fences and signs at section 11(3) 7; AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001; AND WHEREAS section 9(1) of the Municipal Act, 2001 provides that sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to (a) enable them to govern their affairs as they consider appropriate, and (b) enhance their ability to respond to municipal issues; AND WHERAS section 391(1) of the Municipal Act, 2001 states that section 11 authorizes a lower-tier municipality to impose fees or charges on persons for services or activities provided or done by the municipality; AND WHEREAS section 429 of the Municipal Act, 2001 provides that a municipality may establish fines for offences under a by-law of the municipality; AND WHEREAS section 446 of the Municipal Act, 2001 provides that a municipality may take remedial action and recover the costs of taking remedial action; AND WHEREAS The Council of The Corporation of the Town of Tillsonburg is desirous of adopting an Encroachment by-law to regulate and control the granting of Encroachments on highways and public lands; NOW THEREFORE, The Council of The Corporation of the Town of Tillsonburg herby enacts as follows: 1.0 SHORT TITLE 1.1 This by-law shall be known and may be cited as the “Encroachment By-law”. 2.0 DEFINITIONS 2.1 For the purpose of this by-law, “Applicant” means the Owner or Person who makes application for an Encroachment Permit or an Encroachment Agreement; “Council” means the Council of The Corporation of the Town of Tillsonburg; “County” means the County of Oxford; “Encroachment” means any type of vegetation, natural material, man-made object, or item of personal property occupying any part of a highway or public lands and shall include any aerial, surface, or subsurface Encroachments; a.“Aerial Encroachment” means an Encroachment that is located at least 30 centimeters (12 inches) above the surface of a highway or public lands; b.“Surface Encroachment” means an Encroachment that is located anywhere between the surface of a highway or public lands to a height less than 30 centimeters (12 inches) and beneath the surface of a highway or public lands to a depth of not more than 2.5 centimeters (1 inch); c.“Subsurface Encroachment” means an Encroachment that is located beneath the surface of a highway or public lands to a depth exceeding 2.5 centimeters (1 inch); “Encroachment Agreement” means an agreement required under this by-law, prepared by the Town for execution by the Town and an Owner granting authorization to erect, place, or maintain an Encroachment; “Encroachment Permit” means a permit for an Encroachment issued under the authority of this by-law; 202 Page 2 of 8 “Existing Encroachments” means any Encroachment Permits or Encroachment Agreements that are in place prior to the date of passing of this by-law; “Highway” means a common and public highway or portion of a common and public highway, and includes any street, lane, road allowance, sidewalk, bridge, trestle, viaduct or other structure that forms part of a highway and all lands between the lateral boundaries of a highway; “Manager of Engineering” means the Manager of the Engineering Department, his or her designate or, in the event of organizational changes, another employee designated by the Town; “Owner” means any person who is the registered owner of real property as described in the records of the land registry office, or owner under agreement of real property, and includes any person in actual or apparent possession of real property under a lease, license or agreement with another owner; “Person” means any individual, partnership, association, school board, firm or corporation, business entity or club, incorporated group or organization; “Personal Property” means any object or item of property other than real property; “Public Lands” means lands owned by, leased, licensed to, or under the management of the Town, and shall include but not limited to any public highway, road, street, avenue, crescent, court, drive, lane, alley, circle, cul-de-sac, sideroad, path, place, gate, line, road allowance, thoroughfare, bridge, viaduct or trestle, culvert, common or public square, public place, sidewalk, park, woodland, storm water management facility, open space, municipal golf course or cemetery, and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk; “Right-of-Way” means a person’s legal right, established by usage or by contract, to pass through grounds or property owned by another person; “Town” means The Corporation of the Town of Tillsonburg; “Town Clerk” means the Town Clerk, his or her designate or, in the event of organizational change, another employee designated by the Town; “Unauthorized Encroachment” means any Encroachment not authorized by this by-law. 3.0 AUTHORITY 3.1 Council hereby delegates decision making authority to the Director of Operations with regard to the issuance or denial of municipal Encroachments under this by-law, as Council is of the opinion that the delegated powers are of a minor nature. 4.0 EXEMPTIONS 4.1 The provisions of this by-law do not apply to: (i) lawns and private entrances that comply with the requirements of the applicable Town and County by-laws regulating private entrances or that is constructed in accordance with the terms and conditions of a subdivision agreement or site plan agreement with the Town; (ii) the activities, works, and equipment of Town forces performing construction or maintenance operations on Town highways or public lands; (iii) signs authorized by any Town by-law; (iv) sandwich board signs whose placement upon a sidewalk complies with the requirements of the applicable by-law that regulates such signs, provided that the Town has no objection to the location of the sandwich board sign from a traffic, safety, or operational point of view; (v) election signs, real estate signs and other temporary signs whose placement upon a highway or public lands complies with the requirements of the applicable by-law that regulates such signs; (vi) every rural mail box upon a highway or public lands that is erected and maintained in compliance with the requirements of the Mail Receptacles Regulations under the Canada Post Corporation Act; (vii) all existing Encroachments authorized by the Town, unless the safety of the public may be affected by the Encroachment, or the Applicant wishes to alter the Encroachment in any way. 203 Page 3 of 8 5.0 GENERAL REQUIREMENTS 5.1 No person shall close, obstruct, encumber, excavate, construct, place, erect, alter or maintain any kind of Encroachment in, on, over, or under any highway or public lands without first obtaining a valid Encroachment Permit or Encroachment Agreement, as the case may be, in accordance with the provisions of this by-law. 5.2 All Encroachments that will be in place for less than one (1) year will be dealt with through the issuance of an Encroachment Permit pursuant to this by-law. 5.3 All Encroachments reoccurring on an annual basis or that will be in place for longer than one (1) year will be dealt with through the issuance of an Encroachment Agreement pursuant to this by-law. 5.4 Where an Encroachment would restrict public access over, under, or across the proposed Encroachment area, the Town, at its sole discretion, may consider providing the appropriate notification of the proposed Encroachment to the owners directly affected by the proposed Encroachment, being those owners whose properties are within 120 meters of the proposed Encroachment. 5.5 Where an existing Encroachment is deemed to affect the Town’s ability to carry out its work within the highway or public lands or where the safety of the public may be affected by the Encroachment, the Applicant may be required by the Town to modify the Encroachment and such modification shall be at the Applicant’s expense. 5.6 Where an Applicant requests an amendment to an Encroachment Permit or an Encroachment Agreement, the amendment must be in compliance with this by-law and approved by the Town, and any modification to the Encroachment shall be at the Applicant’s expense. 5.7 All permitted Encroachments shall be deemed to be with the license of the Town and such license shall not create an easement, interest or any other real property rights over any highway or public lands. ENCROACHMENT PERMITS 6.0 PROCEDURE FOR APPLICATION 6.1 An application for an Encroachment Permit shall be made to the Manager of Engineering on the prescribed form which is attached herewith and marked as Schedule “A” to this by- law. The Manager of Engineering may, from time to time, cause amendments of an administrative nature to the Encroachment Permit. 6.2 Every application for an Encroachment Permit shall include: (i) the name of the Person performing the intended work; (ii) the intended start date and duration of any such Encroachment; (iii) a brief description of the nature and purpose of the intended works; (iv) such other information, as required by the Manager of Engineering, to understand the nature of the proposed Encroachment and its impact; (v) a sketch or plan showing the location and dimensions of the Encroachment; (vi) a traffic control plan identifying all signage and traffic control devices and detour route if required to address both vehicular and pedestrian movements; (vii) liability insurance to the satisfaction of the Town naming the Town as additional insured for the duration of the Encroachment; (viii) WSIB Clearance Certificate for the duration of the Encroachment; and (ix) the non-refundable fee required under the Schedule of Fees for Certain Municipal Applications, Services and Permits By-law, as amended (hereinafter the Rates and Fees By-law). 6.3 Complete applications must be submitted at least seven (7) business days prior to the Encroachment or any works associated with the Encroachment. 6.4 Where a utility or public service company or commission requires an Encroachment as a result of an emergency, telephone notice shall be given immediately to the Town Customer Service Centre and to the OPP and on the next working day they shall make application for an Encroachment Permit on the prescribed form. 204 Page 4 of 8 7.0 APPROVAL OF APPLICATIONS 7.1 In deciding whether to grant an Encroachment Permit, the Manger of Engineering shall consider the effect of the proposed Encroachment on the movement and safety of vehicles and pedestrians, any public service, and any other factors deemed relevant in the circumstances. 7.2 The approval of an Encroachment Permit can take up to seven (7) business days. 7.3 An Encroachment Permit shall be granted for a period not exceeding ninety (90) days and may be renewed for further periods not exceeding ninety (90) days for each renewal, up to a maximum of four (4) renewals. If additional renewals are required or the Encroachment reoccurs annually the Applicant will be required to enter into an Encroachment Agreement. 7.4 Application for renewal of an Encroachment Permit shall be made by presenting the existing permit before its expiry date, accompanied by any required fees as per the Rates and Fees By-law. 7.5 An Encroachment Permit may limit the existence of the Encroachment to a part of the day only, to specified days, or to times otherwise deemed appropriate in the circumstances by the Manager of Engineering. 7.6 An Encroachment Permit may include additional or special conditions of approval deemed appropriate in the circumstances by the Manager of Engineering. 7.7 An Encroachment Permit is not transferable. 8.0 REVOCATION 8.1 The Manager of Engineering may revoke an Encroachment Permit for non-compliance with this by-law by sending notice of revocation by registered mail to the address of the Applicant and the permit shall be considered revoked from the second day after the day of mailing the notice. 9.0 CONDITIONS 9.1 All Encroachment Permit holders shall: (i) strictly adhere to the conditions set out in this by-law and any additional or special conditions set out in the applicable Encroachment Permit. Any breach thereof is considered to be non-compliance and may result in a revocation or termination of the applicable Encroachment Permit. The Manager of Engineering or their designate may then take actions deemed necessary to reinstate the Encroachment for public safety at the Applicant’s expense; (ii) obtain all other necessary agency permits and approvals required (i.e. County of Oxford, MOECC, MNR, LPRCA, Ministry of Labour, Building Permits, etc.) and comply with any applicable provincial legislation. Proof of such permits and approvals shall be provided if requested by the Town prior to issuing the Encroachment Permit; (iii) request all marking or other location information to determine the location and provide safeguards for all utilities, both public and private, in accordance with current regulations; (iv) release, indemnify and save harmless the Town, its councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to reasonable legal fees, damages, actions, suits or proceedings, or any other liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the Encroachment, the maintenance of the Encroachment, or any other matter relating to the Encroachment; (v) have the Encroachment Permit available for inspection at all times during which the work is in progress; (vi) keep the Encroachment in a state of good repair as determined by the Town. In the event that the Applicant fails or neglects to keep the Encroachment in a state of good repair, the Manager of Engineering may provide notice to the Applicant of any deficiency on the Encroachment and request that such deficiencies be rectified. If the notice is not complied with within two (2) business days from the date that the notice was sent or such other time as may be mutually agreed by the Town and the Applicant, the Encroachment Permit may be revoked. Notwithstanding the foregoing the Town may immediately remove any item on public property deemed to be in non- compliance or constitute a safety hazard. All costs incurred by the Town to remove the Encroachment shall be recovered from the Applicant; 205 Page 5 of 8 (vii) assume all maintenance and liability for temporary repairs until such time as permanent repairs are completed for the work described in the applicable Encroachment Permit to the satisfaction of the Town; (viii) reinstate all damage, disruption, or removal of existing infrastructure as described on the applicable Encroachment Permit, and all damages related to the work activity, to the satisfaction of the Town. Failure to reinstate the affected areas will result in the Town performing the required repairs at the Applicant’s expense; (ix) provide and maintain all signs, barricades, traffic control devices, traffic control persons, or other persons and equipment as required by the Occupational Health and Safety Act and Ministry of Transportation guidelines, to the satisfaction of the Town, at the location of Encroachment, prior to commencement of work, at the sole responsibility and cost of the Applicant; (x) provide and maintain a reasonable temporary alternative route or detour for traffic and pedestrians where a highway or public lands is closed or partially occupied, to the satisfaction of the Town and all at the cost of the Applicant; (xi) maintain access to all public and private properties for the duration of the work. The Applicant shall provide written notice 48 hours in advance of the Encroachment to affected property owners of when the work is to commence and/or if a highway closure is to be undertaken; (xii) not store excavated material in such a manner as to obstruct pedestrian or vehicular traffic or to be placed near a catch basin such that the material may enter the sewer. Frozen or organic material, clay in a fluid state, silt or mud shall be excluded from backfill. This may require that all excavated material be replaced with granular material. Backfill material shall be compacted in layers not exceeding 300 millimetres; and (xiii) notify the Manager of Engineering at least 24 hours in advance of any additional time required and the reason for an extension, when conditions or unforeseen difficulties require a longer period for completion than indicated on the Encroachment Permit. Notwithstanding the forgoing the Encroachment Permit expires ninety (90) days following approval and a new permit will be required, as prescribed in subsection 6.3. ENCROACHMENT AGREEMENTS 10.0 PROCEDURE FOR APPLICATION 10.1 Application for an Encroachment Agreement shall be made to the Director of Operations by the Owner or a representative of the Owner on the prescribed form which is attached herewith and marked as Schedule ‘B’ to this by-law. The Director of Operations may, from time to time, cause amendments of an administrative nature to the Application for Encroachment Agreement form. 10.2 Every application shall include: (i) the name and contact information of the Owner and a legal description of the real property neighbouring the proposed Encroachment; (ii) a sketch showing the location and dimensions of the proposed Encroachment; (iii) a description of the proposed Encroachment including the highway or public lands encroaching upon, the intended use of the Encroachment, and estimated length of time of the Encroachment; (iv) such other information, as required by the any of the organizational units of the Town with an interest in the matter, to understand the nature of the proposed Encroachment and its impact; and (v) the non-refundable fee required under the Rates and Fees By-law. 10.3 If the Director of Operations and all other organizational units of the Town with an interest in the matter are satisfied with the application, the Owner or representative of the Owner shall then file with the Director of Operations: (i) three (3) copies of a plan certified by an Ontario Land Surveyor showing the location and dimensions of the Encroachment and of the adjacent part of the premises to which it is or will be appurtenant, and the location of all lot lines; (ii) a registerable description of the premises to which the Encroachment Agreement is or will be appurtenant; and 206 Page 6 of 8 11.0 APPROVAL OF APPLICATIONS 11.1 In deciding whether to continue with the Encroachment Agreement Application, the organizational units of the Town with an interest in the matter shall consider the effect of the proposed Encroachment on the movement and safety of vehicles and pedestrians, any public service, and any other factors deemed relevant in the circumstances. 11.2 Any of the organizational units of the Town with an interest in the matter may impose such terms and conditions to any Encroachment Agreement as deemed relevant in the circumstances. 11.3 When all the organizational units of the Town with an interest in the matter are satisfied with the application, the Owner of the premises shall enter into an Encroachment Agreement with the Town. 11.4 The Encroachment Agreement shall then be registered by the Owner/Applicant with the land registry office against the title to which the Encroachment is appurtenant at the Owner’s/Applicant’s expense and evidence of such registration shall be provided to the Director of Operations within thirty (30) days of Encroachment Agreement approval. 12.0 REVOCATION 12.1 The execution of an Encroachment Agreement in respect of an Encroachment does not create any vested right in the Owner or occupant of the premises to which the Encroachment is appurtenant, or in any other person, and the Encroachment Agreement may be revoked in accordance with the terms set out therein. 13.0 CONDITIONS 13.1 All Applicants of Encroachment Agreements shall: (i) make no alteration to the highway or public lands, including and without limitation the removal of trees or grade changes, and shall not erect any building or structures on the highway or public lands without the Town’s written permission; (ii) carry out all authorized work in a proper and professional manner so as to do as little damage or disturbance to the highway or public land infrastructure as possible. The Applicant/Owner shall repair and make good all damage and disturbance that may be caused to the highway or public land infrastructure, to the satisfaction of the Town, at the sole expense of the Applicant/Owner; (iii) maintain the Encroachment in all respects in a state of good repair, including keeping the Encroachment in a sound, neat, safe and clean condition to the satisfaction of the Town. If the Encroachment is not kept in a state of good repair, upon seven (7) business days written notice (or such shorter time as may be required in the case of an emergency or other urgent matters) to the Applicant/Owner, the Town shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Town shall be recovered from the Applicant/Owner; (iv) upon written notice from the Town, renew, repair, or maintain the surface of the highway or public lands if at any time the Town decides to renew, repair or maintain the surface of the highway or public lands upon which the Encroachment is located. If the notice is not complied with within seven (7) business days from the date that the notice is sent or such other time as may be mutually agreed upon by the Town and Applicant/Owner, the Town may renew or repair the highway or public lands at the expense of the Applicant/Owner; (v) not obstruct, hinder, or interfere with the free access to the Encroachment by any person acting on behalf of the Town, including an employee, officer, or agent of the Town; (vi) notify the Town in writing 30 days in advance of any potential transfer or sale of their property or any part thereof, together with the name and address of the potential transferee or purchaser. For clarity, in the event that the Applicant/Owner sells the property to which the Encroachment Agreement is appurtenant, the Applicant/Owner shall instruct the transferee or purchaser of the said property to submit a new Encroachment Agreement Application to the Town for the Town’s review and approval; (vii) apply for a new Encroachment Agreement pursuant to this by-law if the Encroachment is moved, altered, or changed in any manner and will remain on the highway or public lands after such movement, alteration or change; (viii) at all times release, indemnify and save harmless the Town, its Councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to legal fees on a substantial 207 Page 7 of 8 indemnity basis, damages, actions, suits, judgements, or proceedings, or any other obligations or liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the maintenance, alteration, use or any other matter or thing, directly or indirectly, relating to the Encroachment; (ix) obtain and maintain insurance to the satisfaction of the Town naming the Town as an additional insured for the duration of the Encroachment Agreement. A Certificate of Insurance evidencing the insurance coverage shall be provided to the Town prior to the Town signing the agreement and thereafter promptly on the insurance renewal date; (x) acknowledge that the Town or Owner may terminate the Encroachment Agreement on sixty (60) days written notice for any reason whatsoever. In the event of agreement termination the Owner shall remove the Encroachment on the date of termination at their expense. If the Owner fails to remove the Encroachment on the date of termination, the Town shall provide the Owner with a notice requiring the Owner to remove the Encroachment within seven (7) working days. If the Owner fails to remove the Encroachment within the seven (7) working day period, the Town shall have the right to remove the Encroachment at the expense of the Owner. (xi) restore the highway or public lands to the condition they were in prior to the date of the Encroachment Agreement or in compliance with current Town standards upon the removal of the Encroachment from the highway or public lands, at the Owner’s sole expense; and (xii) acknowledge that the Town shall have a right to terminate the agreement in the event that the Encroachment represents a danger to the safety of the public using the highway or public lands or detrimentally interferes with future improvements. Such termination shall be by written notice to the Owner. 14.0 ADMINISTRATION OF BY-LAW 14.1 The Manager of Engineering or their designate is responsible for the administration of Encroachment Permits of this by-law on behalf of the Town, including the review of applications for Encroachment Permits, the circulation of such applications, where appropriate, to other organizational units with an interest in the matter, and the issuance of Encroachment Permits. 14.2 The Manager of Engineering or any other organizational unit of the Town with an interest in the matter may impose additional conditions as a requirement of obtaining or continuing to hold an Encroachment Permit, including the requirement of an Applicant to enter into an Encroachment Agreement with the Town. 14.3 The Director of Operations or their designate is responsible for the administration of Encroachment Agreements of this by-law on behalf of the Town, including the review of Encroachment Agreement Applications, the circulation of such applications, where appropriate, to other organizational units with an interest in the matter, and to ensure that approved Encroachment Agreements are registered on title by the Applicant/Owner. 14.4 An Encroachment Agreement will not be issued or approved unless all organizational units of the Town with an interest in the matter are satisfied that the Encroachment will not pose a danger to the safety of persons using the highway or public lands, or interfere with the activities or adversely affect the conditions or operation of the equipment and facilities of the Town. 14.5 All Municipal By-Law Enforcement Officers with authority to enforce the by-laws of the Town are responsible for enforcing the provisions of this by-law. 15.0 OFFENCE AND PENALTY 15.1 Any person who contravenes any provisions of this by-law is guilty of an offence and, upon conviction, in addition to any other applicable penalty, is liable to a fine pursuant to s. 429 of the Municipal Act, 2001, as follows: (i) on a first conviction to a minimum fine $500 and not more than $25,000; (ii) on a subsequent conviction to a minimum fine of $500 and not more than $100,000; and (iii) in the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be $500, the maximum shall be $10,000 and the total of all daily fines shall be a maximum of $100,000. 15.2 Any contravention that continues for more than one day is designated as a continuing offence. 208 Page 8 of 8 15.3 An offence in respect of two or more acts or omissions shall separately constitute an offence and even if such acts or omissions are a contravention of the same provision of this by-law. 15.4 If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 16.0 ORDERS AND REMEDIAL ACTIONS 16.1 Notwithstanding any other provisions in this by-law, Encroachments that exist contrary to this by-law shall be removed by the Owner thereof within two days after service of a notice from the Town advising that such Encroachment is in contravention of this by-law. Such notice shall be in writing, shall identify by the municipal address the lands upon which the Encroachment is situate and shall specify the particulars of non-compliance with this by- law. 16.2 If such Encroachment has not been removed by the owner as required herein, the Town may cause such Encroachment to be removed at the expense of the Owner and any costs incurred by the Town may be recovered in like manner as the municipal taxes on the property where the Encroachment was located pursuant to section 446 of the Municipal Act, 2001. The remedies provided for herein may be proceeded with prior to and notwithstanding that no prosecution or conviction has been obtained under Section 15 of this by-law. 17.0 SEVERABILITY 17.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that the remainder of this by-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law. 18.0 COMMENCEMENT 18.1 This by-law shall come into full force and effect upon the final passing thereof. READ A FIRST AND SECOND TIME THIS 9TH DAY OF MAY, 2016 READ A THIRD AND FINAL TIME AND PASSED THIS 24TH DAY OF MAY, 2016 MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson 209 SCHEDULE “A” TO BY-LAW 4019 1. Encroachment Permit 210 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 1 of 2 THE TOWN OF TILLSONBURG ENCROACHMENT PERMIT 1. Applicant Information Applicant Name: Applicant is the Owner: Mailing Address: Owner Name: City, Town, Village: Province: Postal Code: Telephone No.: Fax No.: E-mail: 2. Proposed Work Information Application is to: Construct Maintain Repair Alter Remove The following works: Start Date: Permit Expiry Date (90 days max.): 3. Description of Work Crossing the Road Parallel to the Road Other (specify) Location/Address: Road Closure: Single lane Multiple lanes Full Various locations None Check all items that may be affected by the work: roadway signs curb & gutter sidewalk boulevard trees sewers none municipal drain tile or storm sewer Distance of works from centerline: Depth of work: 4. Required Prior to Approval Liability Insurance Certificate of $2,000,000 minimum coverage naming the Town as an additional insured. WSIB Clearance Certificate. Sketch/drawing of the proposed works. Traffic Control Plan showing the appropriate lane closures, detours, etc. for review and comment only, not for approval. Note: Encroachment Permits will not be processed until all of the above items are submitted at time of application 5. Declaration of Applicant I/We hereby make application to occupy the designated space for the purpose described above and agree to abide by the terms and conditions established in this application. I/We agree to assume all liability and/or costs incurred by the Town as a result of occupying the designated space and to indemnify and save harmless the Town until final approval of the works. I/We understand that the issue of a permit by the Town does not relieve the responsibility of complying with all relevant legislation and municipal by-laws. Signature of Applicant: Date: 6. Application Approval (for office use only) Approved Additional Conditions Signature: Date: Not Approved 7. Notification (for office use only) Application returned via: Email Mail Fax In Person Date: By: Signature: For Office Use Only Permit No. ACR No. Yes No Engineering Services 211 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 2 of 2 8. Final Inspection Approval (for office use only) Approved Not Approved Signature:Date: 9. General Conditions of Approval 1. No person shall close, construct, encumber, excavate, or maintain any kind of encroachment in, on, over, or under a highway or public lands without first obtaining a valid Encroachment Permit in accordance with By-law 4019. 2. The application must be in the name of the person or persons performing the work and not in the name of an agent or utility for whom he/she is acting. The Applicant must indicate the intended starting date and duration of occupancy at least seven (7) business days prior to commencing the work describe in the application. The Town requires 48 hours notification before commencement of the authorized works. 3. The Applicant shall strictly adhere to the conditions set out in By-law 4019 and any other special conditions set out in this application. Any breach thereof is considered to be non-compliance and may result in a revocation or termination of the Encroachment Permit. The Manger of Engineering or their designate may then take actions deemed necessary to reinstate the encroachment for public safety at the Applicants expense. 4. The Applicant shall obtain all other necessary agency permits and approvals required (i.e. County of Oxford, MOECC, MNR, LPRCA, Ministry of Labour, Building Permits, etc.) and comply with any applicable provincial legislation. Proof of such permits and approvals shall be provided if requested by the Town prior to issuing the Encroachment Permit; 5. The Applicant shall request all marking or other location information to determine the location and provide safeguards for all utilities, both public and private, in accordance with current regulations. 6. The Applicant shall release, indemnify and save harmless the Town, its councillors, directors, officers, employees, agents, consultants, contractors, assigns, and any others for whom the Town is at law responsible from and against any and all claims, demands, losses, expenses, costs, including but not limited to reasonable legal fees, damages, actions, suits or proceedings, or any other liabilities which may at any time or from time to time be asserted against, imposed upon or incurred by the Town as a consequence of or in connection with the encroachment, the maintenance of the encroachment, or any other matter relating to the encroachment. 7. The Encroachment Permit shall be available for inspection at all times during which the work is in progress. 8. The Applicant shall keep the encroachment in a state of good repair. In the event that the Applicant fails or neglects to keep the encroachment in a state of good repair, the Manager of Engineering may provide notice to the Applicant of any deficiency on the encroachment and request that such deficiencies be rectified. If the notice is not complied with within two (2) business days from the date that the notice was sent, or such other time as may be mutually agreed upon by the Town and Applicant the Encroachment Permit may be revoked. Notwithstanding the foregoing the Town may immediately remove any item on public property deemed to constitute a safety hazard. All costs incurred by the Town to remove the encroachment shall be recovered from the Applicant. 9. The Applicant shall assume all maintenance and liability for temporary repairs until such time as permanent repairs are completed for the work described in this application to the satisfaction of the Town. 10. All damage, disruption, or removal of existing infrastructure as described in this application, and all damages related to the work activity shall be reinstated to the satisfaction of the Town. Failure to reinstate the affected areas will result in the Town performing the required repairs at the Applicants expense. 11. The Applicant shall provide and maintain all signs, barricades, traffic control devices, traffic control persons, or other persons and equipment as required by the Occupational Health and Safety Act, Ministry of Transportation guidelines, and to the satisfaction of the Town, at the location of encroachment, prior to commencement of work, at the sole responsibility and cost of the Applicant. 12. The Applicant shall provide and maintain a reasonable temporary alternative route or detour for traffic and pedestrians where a highway or public lands is closed or partially occupied, to the satisfaction of the Town and all at the cost of the Applicant. 13. The Applicant shall maintain access to all public and private properties for the duration of the work. The Applicant shall provide written notice 48 hours in advance to affected property owners of when the work is to commence and/or if a highway closure is to be undertaken. 14. The Applicant shall not store excavated material in such a manner as to obstruct pedestrian or vehicular traffic or to be placed near a catch basin such that the material may enter the sewer. Frozen or organic material, clay in a fluid state, silt or mud shall be excluded from backfill. This may require that all excavated material be replaced with granular material. Backfill material shall be compacted in layers not exceeding 300 millimetres. 15. The Applicant shall notify the Manager of Engineering at least 24 hours in advance of any additional time required and the reason for an extension, when conditions or unforeseen difficulties require a longer period for completion than indicated on the Encroachment Permit. Notwithstanding the forgoing the Encroachment Permit expires ninety (90) days following approval and a new permit will be required. Engineering Services 212 SCHEDULE “B” TO BY-LAW 4019 1. Application for Encroachment Agreement 213 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 1 of 2 THE TOWN OF TILLSONBURG APPLICATION FOR ENCROACHMENT AGREEMENT The following items must be submitted with your application: Photos and drawings to illustrate encroachment Proof of ownership Details of any other existing encroachments affecting the subject property for which there are agreements Application Fee in accordance with the Schedule of Fees for Certain Municipal Applications, Services and Permits By-law Please note that this application must be typed or printed in ink and completed in full. An incomplete or improperly prepared application may not be accepted and could result in processing delays. OWNER / APPLICANT INFORMATION Applicant Name(s) Street Address City / Town Postal Code Phone (Home) Phone (Work) Email Fax Owner Name(s) (if different from applicant) Preferred Method of Contact: Mail Phone Email PROPERTY INFORMATION Civic Address Geographic Township Municipal Roll # Property Identification # Concession No. Lot(s) Registered Plan No. Lot(s) Reference Plan No. Part(s) Type of Property (Commercial, Residential, Industrial, etc.) For Office Use Only Fee Enclosed: Yes No Date Application Received: 214 Customer Service Centre 10 Lisgar Avenue Tillsonburg, ON N4G 5A5 Telephone (519) 842-9200 Facsimile (519) 688-0759 www.tillsonburg.ca Page 2 of 2 ENCROACHMENT INFORMATION Does the encroachment require a building permit? YES NO Is there an existing encroachment? YES NO If YES approximately when was the encroachment established? Does this application relate to a modification of an existing encroachment? YES NO If YES what is the modification? Municipal Road / Property encroaching upon Dimensions of encroachment X Length of time of encroachment Please provide details including measurements of any existing structures and description of encroachment. Please attach photos and/or drawings to support your description (attach a letter if insufficient space) Please describe what alternatives have been considered to avoid the encroachment and why such alternatives have been deemed unfeasible. I acknowledge and agree that the owner of the property in the event this application is approved, will be required to enter into an Encroachment Agreement with the Town and that I will be required to retain a solicitor to complete three (3) original Encroachment Agreements which will be registered against the title to the owner’s property, all of which will be at the owner’s/applicant’s expense. I further agree and acknowledge that the information contained in this application and any documentation, including agreements, reports, studies and drawings, provided in support of the application, by myself, my agents, consultants and solicitors, constitutes public information and will become part of the public record. As such, and in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, I hereby consent to the Town of Tillsonburg making this application and its supporting documentation available to the general public, including copying and disclosing the application and its supporting documentation to any third party upon their request. Signature of Owner/Applicant Dated 215 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4021 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 24th day of May, 2016 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 meeting held on May 24, 2016, 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 the 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 24th DAY OF MAY, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 24th DAY OF MAY, 2016. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 216