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Regular Council Agenda Packet 2016-09-26 - AmendedTable of Contents Agenda 3 Minutes, September 12, 2016 Minutes, September 12, 2016 12 County 100% Renewable Energy & Zero Waste Initiatives Delegation Request 28 Presentation 31 Woodlands Conservation By-Law Update CASPO 2016-182_WoodlandsConservation 50 Community Transportation Program - Update Delegation Request 90 Presentation 91 Ridge Blvd - Bill Cuddy Ridge Blvd Cuddy 102 SAC 16-03, Favourite Son/Daughter Award SAC 16-03 103 Application for Zone Change- ZN 7-16-06- Victoria Wood- 61 Dereham Drive ZN 7-16-06_rpt 105 Report Attachments 109 Proposed By-Law Text 112 Schedule A 113 Proposed Explanatory Note 114 Key Map 115 CASPO Planning Services- 1st & 2nd Quarter Summary CASPO Summary Report 116 CAO 16-11 Shared Court Security Funding Model Shared Court Security Funding Model 118 Shared Court Security Funding Model 121 CL 16-22 Complaints Policy CL 16-22 Complaints policy 143 1-009 Complaints Policy 147 CL 16-24, Canada 150 Committee CL 16-24 155 Terms of Reference 157 CL 16-27, Committee Appointment CL 16-27 160 Letter of Recommendation 161 By-Law 4039 162 By-3901 163 FIN 16-28 Trottier Phase 3 Reconstruction Funding Source FIN16-28 Trottier Phase 3 Funding Source 164 OPS 16-26 Small Communities Fund - Newell Rd Reconstruction 1 OPS 16-26 Small Communities Fund - Newell Road Reconstruction 166 OPS 16-27 Landscape Restoration - Ridge Blvd & Area OPS 16-27 Landscape Restoration - Ridge Blvd & Area 168 OPS 16-28 Connecting Link Funding Program Project Designation OPS 16-28 Connecting Link Funding Program Project Designation 171 OPS 16-28 Attachment 1 - Connecting Link Funding Application 175 Minutes, Accessibility Advisory Committee Minutes, September 14, 2016 183 Minutes, Development Committee Minutes, August 9, 2016 187 By-Law 4039, Appointment to the BIA Board of Management By-Law 4039 191 By-Law 4040, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7-16-06) By-Law 4040 192 Schedule A 193 By-Law 4040 Explanatory Note 194 By-Law 4040 Key Map 195 By-Law 4041, To adopt the Complaints Policy By-Law 4041 196 By-Law 4043, To confirm the proceedings of council. By-Law 4043 197 2 = 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By:Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, September 26, 2016, be adopted. 3.Moment of Silence 4.Disclosures of Pecuniary Interest and the General Nature Thereof 5.Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of September 12, 2016 Minutes, September 12, 2016 Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of September 12, 2016, be approved. 6.Delegations and Presentations 6.1. Volunteer Appreciation Award - Marilyn Chalk Presented By: Councillor Brian Stephenson, Special Awards Committee The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, September 26, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - 6.2. County 100% Renewable Energy & Zero Waste Initiatives Presentation By: Jay Heaman, Manager of Strategic Initiatives Delegation Request Presentation Proposed Resolution #3 Moved By: Seconded By: THAT Council receive the presentation regarding the County 100% Renewable Energy & Zero Waste Initiatives, as information. 6.3. Woodlands Conservation By-Law Update Delegation By: Gord Hough, Director, Community and Strategic Planning CASPO 2016-182_WoodlandsConservation Proposed Resolution #4 Moved By: Seconded By: THAT Council receive the delegation regarding the Woodlands Conservation By- Law Update, as information. 6.4. Community Transportation Pilot Program Update Presentation By: John Preston, Community Transportation & T:GO Coordinator Delegation Request Presentation Proposed Resolution #5 Moved By: Seconded By: THAT Council receive the presentation regarding the Community Transportation Pilot Program Update, as information. 4 Council Meeting – Agenda - 3 - 6.5. Ridge Boulevard Delegation By: Bill Cuddy Ridge Blvd Cuddy Proposed Resolution #6 Moved By: Seconded By: THAT Council receive the delegation regarding Ridge Boulevard, as information; AND THAT the matter, be referred during consideration of Agenda item 10.4.2, OPS 16-27 Landscape Restoration - Ridge Blvd & Area. 7.Committee Reports & Presentations 7.1. SAC 16-03, Favourite Son/Daughter Award SAC 16-03 Proposed Resolution #7 Moved By: Seconded By: THAT Council endorse the recommendation of the Special Awards Committee regarding the Favourite Son/Daughter Nomination; AND THAT staff be authorized to organize an event to recognize Dennis Fairall as a Tillsonburg Favourite Son. 8.Public Meetings 8.1. Application for Zone Change - ZN 7-16-06- Victoria Wood - 61 Dereham Drive ZN 7-16-06_rpt Report Attachments Proposed By-Law Text Schedule A Proposed Explanatory Note Key Map 5 Council Meeting – Agenda - 4 - Proposed Resolution #8 Moved By: Seconded By: THAT Council approve the zone change application submitted by Victoria Wood (Tillsonburg) GP Inc., whereby the lands described as Lot 51, Plan 41M-241, Town of Tillsonburg, are to be rezoned from ‘Low Density Residential Type 1 Holding Zone (R1A)(H)’ to ‘Low Density Residential Type 1 Zone (R1A)’. 9.Planning 9.1. CASPO Report 2016-237 – Planning Services Summary 1st & 2nd Quarter, 2016 CASPO Summary Report Proposed Resolution #9 Moved By: Seconded By: THAT Council receive CASPO Report 2016-237, Planning Services Summary 1st & 2nd Quarter, 2016, as information. 10. Reports from Departments 10.1. Chief Administrative Officer 10.1.1. CAO 16-11 Shared Court Security Funding Model Shared Court Security Funding Model Shared Court Security Funding Model Proposed Resolution #10 Moved By: Seconded By: THAT Council receive Report CAO 16-11, Shared Court Security Funding Model; AND THAT Report CAO 16-11, Shared Court Security Funding Model, be provided to Oxford County Council as the Town of Tillsonburg’s response to Oxford County Report No. CS 2016-23. 6 Council Meeting – Agenda - 5 - 10.2. Clerk’s Office 10.2.1. CL 16-22 Complaints Policy CL 16-22 Complaints policy 1-009 Complaints Policy Proposed Resolution #11 Moved By: Seconded By: THAT Council receive Report CL 16-22, Complaints Policy; AND THAT a By-Law to adopt the Complaints Policy is brought forward for council consideration. 10.2.2. CL 16-24, Canada 150 Committee CL 16-24 Terms of Reference Proposed Resolution #12 Moved By: Seconded By: THAT Council receive Report CL 16-24, Canada 150 Committee; AND THAT Council approve the Terms of Reference for the committee and appoint Josiane DeCloet, Erin Getty, Jaime Stephenson and Aleksandra Webber to the Canada 150 Committee; AND THAT Councillor _____________, be appointed to represent Council on the committee. 10.2.3. CL 16-27, Committee Appointment CL 16-27 Letter of Recommendation By-Law 4039 By-3901 7 Council Meeting – Agenda - 6 - Proposed Resolution #13 Moved By: Seconded By: THAT Council receive Report CL 16-27, Committee Appointment; AND THAT John Scott, be appointed as a Director to the BIA Board of Management; AND THAT a By-law, be brought forward for council consideration. 10.3. Finance 10.3.1. FIN 16-28 Trottier Phase 3 Reconstruction Funding Source FIN16-28 Trottier Phase 3 Funding Source Proposed Resolution #14 Moved By: Seconded By: THAT Council receive Report FIN 16-28, Trottier Phase 3 Reconstruction Funding Source; AND THAT Council approve the re-allocation of unused gas tax grant funding from the Trottier Phase 4 Reconstruction project in the amount of $22,990.37 to fund the budget shortfall of the Trottier Phase 3 Reconstruction project. 10.4. Operations 10.4.1. OPS 16-26 Small Communities Fund - Newell Rd Reconstruction OPS 16-26 Small Communities Fund - Newell Road Reconstruction Proposed Resolution #15 Moved By: Seconded By: THAT Council receive Report OPS 16-26, Small Communities Fund – Newell Road Reconstruction; AND THAT Council direct staff to include the Town’s portion of the project valued at $349,673 in the development of the 2017 budget. 8 Council Meeting – Agenda - 7 - 10.4.2. OPS 16-27 Landscape Restoration - Ridge Blvd & Area OPS 16-27 Landscape Restoration - Ridge Blvd & Area Proposed Resolution #16 Moved By: Seconded By: THAT Council receive Report OPS 16-27, Landscape Restoration – Ridge Blvd and Area, as information. 10.4.3. OPS 16-28 Connecting Link Funding Program Project Designation OPS 16-28 Connecting Link Funding Program Project Designation OPS 16-28 Attachment 1 - Connecting Link Funding Application Proposed Resolution #17 Moved By: Seconded By: THAT Council receive Report OPS 16-28, Connecting Link Funding Program Project Designation; AND THAT Broadway Street Rehabilitation from the north Town limit to North Street be endorsed as the Town’s project for the Connecting Link Funding Application; AND THAT the submitted Application meets the requirements of MTO’s Connecting Links Program as described in the Program Guide; AND THAT a comprehensive asset management plan including connecting links has been completed and publically posted; AND THAT the municipality will comply with the conditions that apply to designated connecting links under the Ontario Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; AND THAT the Application is complete and factually accurate; AND THAT the Chief Administrative Officer, be authorized to execute the declaration statement within the formal application. 9 Council Meeting – Agenda - 8 - 11. Committee Minutes & Reports 11.1. Minutes, Accessibility Advisory Committee Minutes, September 14, 2016 11.2. Minutes, Development Committee Minutes, August 9, 2016 Proposed Resolution #18 Moved By: Seconded By: THAT Council receive the Minutes of the Accessibility Advisory Committee for September 14, 2016 and the Development Committee for August 9, 2016, as information. 12. Notice of Motions 13. By-Laws By-Laws from the Meeting of Monday, September 26, 2016 Proposed Resolution #19 Moved By:Seconded By: 13.1. THAT By-Law 4039, To appoint a Director to the BIA Board of Management; AND THAT By-Law 4040, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7-16-06), Schedule A, By-Law 4040 Explanatory Note, By-Law 4040 Key Map; AND THAT By-Law 4041, To adopt the Complaints Policy, 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 - Proposed Resolution # 20 Moved By: Seconded By: 13.2. THAT By-Law 4042, To confirm the proceedings of Council at its meeting held on the 26th day of September, 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. 14. Items of Public Interest 15. Adjournment Proposed Resolution #21 Moved By: Seconded By: THAT the Council Meeting of Monday, September 26, 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 Janelle Costantino, Manager of Finance Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Jeff Smith, Fire Chief Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 6:10 p.m. 2. Closed Session Resolution #1 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider: 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Airport); 2. Personal matters about an identifiable individual, including municipal or local board employees (Special Awards Committee) The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, September 12, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 12 Council Meeting – Minutes, September 12, 2016 - 2 - 3. Personal matters about an identifiable individual, including municipal or local board employees (Tillsonburg Hydro Inc.); 4. Proposed or pending acquisition or disposition of land (Parkside Drive). 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 Monday, September 12, 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 August 8, 2016 Minutes, August 8, 2016 Resolution #3 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of August 8, 2016, be approved. Carried 7. Delegations and Presentations 7.1. Introduction by David Calder, CAO Michael Desroches, General Manager Hydro Operations 13 Council Meeting – Minutes, September 12, 2016 - 3 - 7.2. Oxford Official Plan Amendment Submission Presented By: Mark Dorfman, Planner Inc. Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the delegation regarding the Oxford Official Plan Amendment Submission, as information. Carried Resolution #5 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Special Meeting of the Shareholder of Tillsonburg Hydro Inc. at 6:35 p.m. for the appointment of Directors. Carried 7.3. Special Meeting of the Shareholder of Tillsonburg Hydro Inc. - THI NC 16-02, Appointment of Directors THI NC 16-02 Appointment Resolution #6 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT the Shareholder of Tillsonburg Hydro Inc. receives report THI NC 16-02, Appointment of Directors; AND THAT the Shareholder appoints John Gilvesy, Ann Loker, Dan Rasokas, Julie Ann Snell, Alex Urbanowicz, Ernie Vidovic to serve as Directors until the 2017 THI Annual General Meeting; AND THAT Dave Beres be appointed to serve as a Director until further notice. Carried 14 Council Meeting – Minutes, September 12, 2016 - 4 - Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council move out of the Special Meeting of the Shareholder of Tillsonburg Hydro Inc. and move back into regular session at 6:42 p.m. Carried 8. Committee Reports & Presentations 8.1. PRA 16-6 Memorial Park Revitalization Project Update Delegation By: Mel Getty, Chair - Parks & Recreation Advisory Committee Committee Delegation Request PRA 16-6 Memorial Park Revitalization Project Update Resolution #8 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT PRA 16-6 Memorial Park Revitalization Project Update, be received as information; AND THAT Council approve the removal of the race track material in conjunction with the pump track construction; AND THAT staff provide a report to council regarding the relocation of the ball diamond. Carried 9. Public Meetings 9.1. Application for Zone Change- ZN 7-16-04- Steve & Tara Smith- 281 Broadway CASPO Report 2016-163 Report Attachments Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2016-163 (ZN 7-16-04) for the application for Zone Change. Opportunity was given for comments and questions. 15 Council Meeting – Minutes, September 12, 2016 - 5 - The applicant Steve Smith appeared before council in support of the application. Mr. Donald Chalk appeared before council in opposition to the application. The Development Planner noted that there are other properties in the area with more than one residential unit. No member of the public appeared in support of the application. Council passed the following resolution: Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council approve the zone change application submitted by Steve & Tara Smith, whereby the lands described as Lot 937, Plan 500, Town of Tillsonburg, known municipally as 281 Broadway are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Low Density Residential Type 1 Converted Dwelling Zone (R1-C)’. Carried Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 7:35 p.m. Carried 9.2. Application for Minor Variance- A-09/16- Ian & Linda Polk- 23 Jackson Court A-09/16 Report Report Attachments Application Form Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-09/16 for the application for Minor Variance. Opportunity was given for comments and questions. 16 Council Meeting – Minutes, September 12, 2016 - 6 - The Development Planner noted that the easement at back of property that will be respected. The applicant Ian Palk appeared before council in support of the application. No member of the public appeared in support of or in opposition to the application. Council passed the following resolution: Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Tillsonburg Committee of Adjustment approve Application File A-09/16, submitted by Ian & Linda Palk, for lands described as Part Lot 48, Plan 41M-86, Parts 7 & 8, 41R-6076, Town of Tillsonburg, to facilitate the extension of a legal non-conforming townhouse as well as increase the permitted projection of a covered patio into the required rear yard, reduce the minimum setback to the rear lot line and increase the maximum permitted lot coverage; AND THAT approval is conditional upon the issuance of a building permit for the proposed covered patio within one year of the date of the Committee’s decision. Carried 9.3. Application for Minor Variance- A-10/16- Southridge Heights Inc.- 18 Morning Glory Drive A-10/16 Report Report Attachments Application Form Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-10/16 for the application for Minor Variance. Opportunity was given for comments and questions. The applicant John Bamford appeared before council in support of the application. 17 Council Meeting – Minutes, September 12, 2016 - 7 - No member of the public appeared in support of or in opposition to the application. Council passed the following resolution: Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Tillsonburg Committee of Adjustment approve Application File A-10/16, submitted by Southridge Heights Inc., for lands described as Lot 146, Plan 41M- 145, Town of Tillsonburg, as it relates to relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R1’ zoned lot from 33% to 36% of the lot area; and relief from Section 6.2, Table 6.2 – Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 11.5 m (37.7 ft), to facilitate the construction of a single detached dwelling with a covered porch; AND THAT approval is conditional upon the issuance of a building permit for the proposed dwelling within one year of the date of the Committee’s decision. Carried 9.4. Application for Minor Variance- A-11/16- Mike Klyn- 4 Victoria Way A-11/16 Report Report Attachments A-11/16 Application Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-11/16 for the application for Minor Variance. The Development Planner noted that a minor amendment was made to the application to increase the lot coverage by 1%. Opportunity was given for comments and questions. No member of the public appeared in support of or in opposition to the application. 18 Council Meeting – Minutes, September 12, 2016 - 8 - Council passed the following resolution: Resolution #13 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Tillsonburg Committee of Adjustment approve Application File A-11/16, submitted by Mike and Catherine Klyn, for lands described as Lot 30, Plan 41M- 241, Town of Tillsonburg, as it relates to relief from Section 6.2, Table 6.2 – Zone Provisions, to increase to maximum permitted lot coverage of an ‘R1A’ zoned lot from 35% to 39% of the lot area, to facilitate the construction of a single-detached dwelling; AND THAT approval is conditional upon the issuance of a building permit for the single-detached dwelling within one year of the date of the Committee’s decision. Carried Resolution #14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move out of the Committee of Adjustment and move back into regular session at 7:45 p.m. Carried 10. Reports from Departments 10.1. Chief Administrative Officer 10.1.1. County of Oxford - Application for Official Plan Amendment OP16- 04-9 - Options for the Extension and/or Connection of Services Outside Settlement Boundaries County of Oxford - Application for Official Plan Amendment OP16- 04-9 - Options for the Extension and/or Connection of Services Outside Settlement Boundaries Report CAO 16-07 CASPO 2016-50 19 Council Meeting – Minutes, September 12, 2016 - 9 - Resolution #15 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive report CAO 16-09, County of Oxford – Application for Official Plan Amendment OP16-04-9 – Options for the Extension and/or Connection of Services Outside of Settlement Boundaries; AND THAT the Council of the Town of Tillsonburg advise the Oxford County Council that it does not support the application for Official Plan Amendment OP16-04-9 as it does not represent good planning, it encourages new infill development outside of settlement areas and may prejudice settlement area extensions in the future. Carried Councillor Stephenson joined the meeting in Council Chambers at 7:56 p.m. 10.1.2. Active Citizen Response (ARC) - High Volume Submissions - Ridge Blvd. CAO 16-10 Active Citizen Response - High Volume Submissions - Ridge Blvd. New Sod/Lawn Care Tips Resolution #16 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive report CAO 16-10 Active Citizen Response (ACR) – High Volume Submissions – Ridge Blvd., for information. Carried Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT staff prepare a report for landscape restoration on Ridge Boulevard and area, including a budget comparison; 20 Council Meeting – Minutes, September 12, 2016 - 10 - AND THAT the report, be presented on September 26, 2016 for council consideration. Carried 10.2. Clerk’s Office 10.2.1. CL 16-21, Committee Appointments CL 16-21 By-Law 4036 Schedule A Resolution #17 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report CL 16-21, Committee Appointments; AND THAT Marianne Sandham, Jami Stephenson and Aleksandra Webber, be appointed to the Museum Advisory Committee; AND THAT Heather Benton, Terry Fleming, Vern Fleming and Jami Stephenson, be appointed to the Cultural Advisory Committee; AND THAT By-law 4036, To amend Schedule A of By-Law 3876, be brought forward for Council consideration. Carried 10.2.2. CL 16-26 Fire Services Strategic Plan Committee CL 16-26Fire Strat Plan Com Resolution #18 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report CL 16-26, Fire Services Strategic Plan Committee; AND THAT Ted Sanders be removed from the committee and Gord 21 Council Meeting – Minutes, September 12, 2016 - 11 - Roesch, be appointed to the Fire Services Strategic Plan Committee for the remainder of the term. Carried 10.3. Development and Communication Services 10.3.1. DCS 16-27 Release of RFP for Branded Merchandise Program DCS 16-27 Release of RFP for Branded Merchandise Program Resolution #19 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report DCS 16-27, Release of RFP for Branded Merchandise Program; AND THAT Council approve the issuance of a Request for Proposal (RFP) for the delivery of a branded merchandise program for the Town of Tillsonburg. Carried 10.4. Operations 10.4.1. OPS 16-25 Results for RFP 2016-002 Fire Pumper Apparatus OPS 16-25 Results for RFP 2016-002 Fire Pumper Apparatus Council debated the additional costs of the Fire Pumper truck and whether current equipment could continue to be utilized. Resolution #20 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report OPS 16-25, Results for RFP 2016-002 Fire Pumper Apparatus; AND THAT Council award RFP 2016-002 to Darch Fire Inc. of Ayr, Ontario at a cost of $661,978.86 (net HST included), the highest scoring proposal received; 22 Council Meeting – Minutes, September 12, 2016 - 12 - AND THAT Council direct staff to include the funding source for the remaining amount of $226,978.86 as part of the 2017 fleet capital replacement program. A recorded vote was requested by Councillor Hayes: NAME VOTE IN FAVOUR VOTE AGAINST Councillor Hayes x Mayor Molnar x Councillor Rosehart x Councillor Stephenson x Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x The recorded vote reflects the vote is 2 in favour of the Motion and 5 against the Motion. The motion is defeated. 10.5. Recreation, Culture & Park Services 10.5.1. RCP 16-32 – Tillsonburg Pumptrack RCP 16-32 - Tillsonburg Pumptrack T. Smith re Skatepark Fund Allocation Resolution #21 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report RCP 16-32, Tillsonburg Pumptrack; AND THAT Council authorize that $13,389 of the Town funds allocated for the Skatepark repair be reallocated to the Tillsonburg Pumptrack project; AND THAT Council authorize a contract with Dirtsculp Inc. for $8,500 US 23 Council Meeting – Minutes, September 12, 2016 - 13 - to sculpt the pumptrack and as understood from the original presentation this project is to be fund raised and will continue. Carried 11. Staff Information Reports 11.1. CL 16-20 Procedural By-Law CL 16-20 Procedural By-Law Procedural By-law 2016 Schedule A Motions Schedule B - Procedural - Correspondence Protocol Procedural By-Law 3511 Comparison new to old by-law Resolution #22 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report CL 16-20, Procedural By-Law as information. Carried 11.2. CL 16-23, Local Government Week CL 16-23 Resolution #23 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report CL 16-23, Local Government Week, as information. Carried 11.3. RCP 16-31 – Ontario150 Community Capital Program Submission RCP 16-31 - Ontario150 Community Capital Program Submission RCP 16-30 - Ontario150 Community Capital Program 24 Council Meeting – Minutes, September 12, 2016 - 14 - Resolution #24 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report RCP 16-31, Ontario150 Community Capital Program Submission, as information. Carried 12. Committee Minutes & Reports 12.1. Minutes, Development Committee Minutes, July 12, 2016 12.2. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, June 2, 2016 Minutes, September 1, 2016 12.3. Minutes, Memorial Park Revitalization Sub-Committee Minutes, August 22, 2016 12.4. Minutes, Special Awards Committee Minutes, August 23, 2016 Resolution #25 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receive the minutes of the Development Committee of July 12, 2016, the Heritage, Beautification & Cemetery Advisory Committee of June 2, 2016 and September 1, 2016, the Memorial Park Revitalization Sub-Committee of August 22, 2016, and the Special Awards Committee of August 23, 2016, as information. Carried 12.5. Minutes, LPRCA Minutes, June 1, 2016 25 Council Meeting – Minutes, September 12, 2016 - 15 - Resolution #26 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receive the Minutes of the LPRCA for June 1, 2016 as information. Carried 13. Notice of Motions 13.1. Deputy Mayor Position Resolution #27 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council directs the Clerk to investigate and report back no later than October 11, 2016 on the process to possibly eliminate the position of the Deputy Mayor from the composition of Tillsonburg Town Council. Carried 14. By-Laws By-Laws from the Meeting of Monday, September 12, 2016 Resolution #28 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 14.1. THAT By-Law 4035, Being a By-Law to Amend Zoning By-Law No. 3295 (ZN 7-16-04); AND THAT By-Law 4036, To amend Schedule A of By-law 3876 - To appoint members to the Museum Advisory and Cultural Advisory Committees, 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 26 Council Meeting – Minutes, September 12, 2016 - 16 - Resolution #29 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres 14.2. THAT By-Law 4037, To confirm the proceedings of Council at its meeting held on the 12th day of September, 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 15. Items of Public Interest 16. Adjournment Resolution #30 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the Council Meeting of Monday, September 12, 2016 be adjourned at 10:20 p.m. Carried 27 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 28 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 29 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. 30 THE PATH TO 100% RENEWABLE ENERGY AND ZERO WASTE Tillsonburg Town Council September 26, 2016 31 OUTLINE 1.Fitting It All Together 2.Carbon emissions 3.Path to 100% RE & Zero Waste 4.The Plan 5.Strategy 6.Community engagement 7.Knowledge generation 8.Questions 32 FITTING IT ALL TOGETHER ECONOMY COMMUNITY ENVIRONMENT FUTURE OXFORD COMMUNITY SUSTAINABILITY PLAN 33 FITTING IT ALL TOGETHER ECONOMY COMMUNITY ENVIRONMENT FUTURE OXFORD COMMUNITY SUSTAINABILITY PLAN OXFORD COUNTY STRATEGIC PLAN SWIFT 100% RE Transportation Housing First Green Fleet Energy Plan Examples of Oxford County Strategic Initiatives carried out with community partners 34 PATH TO 100% RE Read itat smartenergyoxford.ca under “News & Information” 35 PATH TO 100% RE Read itat smartenergyoxford.ca under “News & Information” 36 PATH TO 100% RE Why What How Partners 37 BACKGROUND JUNE 2015 Council endorsement of 100% RE & Zero Waste goals NOV 2015 Kassel Conference and Report JUNE 2016 FALL 2016 Oxford County 100% RE Draft Plan and global strategy Oxford County Zero Waste Draft Plan 38 THE PLAN The template Kassel International standard and report Read it at SmartEnergyOxford.ca under “News & Information” 39 PATH TO 100% RE What Electricity Transportation Heating/cooling 40 PATH TO 100% RE How Kassel Germany Criterion World Future Council Renewable Cities Smart Energy Oxford Demonstration Projects You ! Read it at smartenergyoxford.ca under “News & Information” 41 THE RENEWABLE ENERGY PLAN 42 COMMUNITY ENGAGEMENT OxfordCounty.ca/speakup SmartEnergyOxford.ca @SmartEnergyOx 43 KNOWLEDGE GENERATION Charting a path into the unknown Public education Demonstration projects, for instance: >Solar Oxford Challenge >Biodigester pilot >Net Zero Energy and Waste Community >Electric Vehicle Accessibility Plan >Oxford Innovation Cluster 44 PATH TO 100% RE Partners All provincial ministries Provincial and Federal governments CUTRIC York and Ryerson Universities Chambers of Commerce Public Many other stakeholders 45 ZERO WASTE 46 THE ZERO WASTE PLAN 47 TRANSPORTATION 48 Questions? 49 Report No: CASPO 2016-182 COMMUNITY AND STRATEGIC PLANNING Council Date: September 14, 2016 Page 1 of 6 To: Warden and Members of County Council From: Director, Community and Strategic Planning Director, Public Works Woodlands Conservation By-law Update and Initiation of Public and Stakeholder Consultation RECOMMENDATIONS 1. That County Council authorize staff to proceed with a public and stakeholder consultation process regarding the updated County Woodlands Conservation By- law, as outlined in Report No. CASPO 2016-182; 2. And further that Report No. CASPO 2016-182 be circulated to the Area Municipalities for consideration. REPORT HIGHLIGHTS  The purpose of this report is to obtain Council authorization to initiate the public and stakeholder consultation process regarding potential changes to the County Woodlands Conservation By-law (WCB).  Further, this report provides Council with a preliminary draft version of the WCB that will be used as a ‘starting point’ for discussions during the public and stakeholder consultation process and outlines specific changes from the current By-law that have been included for consideration. Implementation Points The report includes a preliminary draft version of the updated WCB which will serve as a basis for discussion regarding the implementation of woodland conservation in Oxford. While the adoption of any changes to the current WCB may result in implementation measures in the future, the recommendations contained in this report and subsequent consultation process will not require any immediate action in this regard. Financial Impact The recommendations contained in this report will have no financial impacts beyond those accounted for in the 2016 CASPO and Public Works budgets. The Treasurer has reviewed this report and agrees with this statement. 50 Report No: CASPO 2016-182 COMMUNITY AND STRATEGIC PLANNING Council Date: September 14, 2016 Page 2 of 6 Risks/Implications There are no risks or other implications anticipated as a result of the recommendations contained in this report. Strategic Plan County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting of May 27, 2015. The initiatives contained in this report support the Values and Strategic Directions as set out in the Strategic Plan as they pertain to the following: 3. ii. A County that Thinks Ahead and Wisely Shapes the Future – Implement development policies, land uses and community planning guidelines that: - Strategically grow our economy and our community - Provides a policy framework which supports community sustainability, health and well-being - Supports healthy communities within the built environment - Supports and protect a vibrant and diversified agricultural industry 3. iii. A County that Thinks Ahead and Wisely Shapes the Future – Demonstrated commitment to sustainability by: - Ensuring that all significant decisions are informed by assessing all options with regard to the community, economic and environmental implications including: • Responsible environmental leadership and stewardship • Supporting the community implementation of the Community Sustainability Plan 4. i. A County that Informs and Engages – Harness the power of the community through conversation and dialogue by: - Providing multiple opportunities for public participation and a meaningful voice in civic affairs - Fostering greater involvement in County and community events and/or program/project implementation - Understanding and addressing public aspirations for a more livable community DISCUSSION Background The first tree protection by-law in Oxford County was enacted in 1946. The By-law has undergone numerous amendments and updates over the years reflecting changes to legislation and regulations regarding tree conservation in Ontario. The current County Woodlands Conservation By-law (WCB) was adopted by Council in 2004 (and subsequently amended in 2006) and has served as an effective tool for supporting responsible forestry management practices and environmental stewardship of woodland areas. The authority to enact a by-law to regulate the harvest of trees is found in the Municipal Act. The current Oxford WCB identifies woodlands and sets out definitions for the purpose of protecting trees; identifies tree species that are to be protected; sets out the requirements for obtaining permits to harvest trees; outlines opportunities and processes for obtaining exemptions from the By-law; and outlines the provisions regarding enforcement and penalties. 51 Report No: CASPO 2016-182 COMMUNITY AND STRATEGIC PLANNING Council Date: September 14, 2016 Page 3 of 6 Provincial Policy Statement (PPS) Provincial policy does not specifically require that the County adopt a woodlands conservation by-law, however, the PPS does recognize that the province’s long-term prosperity, environmental health and social well-being depend on, among other matters, conserving biodiversity and protecting natural heritage for their economic, environmental and social benefits. Further, the PPS directs that natural heritage features and areas are to be protected for the long-term and that diversity and connectivity of natural features and the long-term ecological function and biodiversity of natural heritage systems should be maintained, restored or, where possible, improved. County Official Plan The Official Plan provides a policy basis for the protection and conservation of natural features in the County and addresses woodlands in the context of a broader natural heritage system. Through the policies of the Official Plan, the County is committed to taking a comprehensive approach to woodlands preservation by incorporating a range of measures to maintain and, wherever possible, increase the amount of forest cover within Oxford. A Woodlands Conservation By-law (WCB) is recognized in the Official Plan as an important tool with respect to retaining and enhancing woodlands in both settlement areas and rural areas of the County. It is a policy of the Official Plan that Council shall maintain and enforce a WCB and periodically review the WCB to ensure that it reflects responsible and good forestry management practices and environmental stewardship. Oxford Natural Heritage Systems Study (ONHSS) The ONHSS (2016) is a recently completed study (prepared by the Upper Thames River Conservation Authority at the direction of the County) which provides a landscape level assessment of natural heritage features and functions on a County-wide scale. The 2016 ONHSS builds on the 2006 Oxford Natural Heritage Study and identifies significant, locally important and non-significant natural features, including woodlands. While the primary purpose of the ONHSS is to provide the technical and scientific basis for informing the development of Official Plan policy as it relates to Oxford’s natural heritage features and areas, the study may also be useful in identifying woodland areas that are not subject to the WCB (i.e. are less than 1 ha or 2.47 acres) but may provide important links or connections in the context of the broader natural heritage system. Comments As indicated previously, the purpose of this report is to obtain Council direction to initiate the public and stakeholder consultation process regarding potential changes to the WCB. Public Works and Planning staff have prepared a draft WCB (Attachment No. 1) for this purpose. In preparing the draft WCB, staff have reviewed the current WCB and the by-laws of other jurisdictions in southwestern Ontario and have considered issues arising from enforcement of the current by-law, including issues that have been identified through applications for exemptions from the WCB over the past several years. 52 Report No: CASPO 2016-182 COMMUNITY AND STRATEGIC PLANNING Council Date: September 14, 2016 Page 4 of 6 Public and stakeholder consultation will be broad and will utilize various methods of obtaining input into the development of the WCB for Council’s consideration, including circulation of the WCB to Area Municipalities within the County, the Ministry of Natural Resources and Forestry, Conservation Authorities having jurisdiction within the County, neighbouring municipalities, the Oxford Federation of Agriculture, woodlot owners association(s), forestry consultants, loggers and other interested groups such as fish and game clubs and Reforest Oxford. Staff will also present the draft WCB to the County’s Agricultural Advisory Committee and any other groups or agencies that may benefit from such presentation. Staff will also utilize the County’s various social media feeds (i.e. Twitter, Facebook and Speak Up, Oxford) to both inform the public regarding the process and to obtain feedback regarding woodland conservation issues. Further, staff propose to hold three (3) public information sessions (PIC) at various locations across the County to present and highlight changes to the proposed draft by-law and obtain input from participants on all issues related to woodlands management. It is anticipated that the noted PICs would be held in November of 2016. All comments and input received through the public and stakeholder consultation process will be documented and presented to Council for consideration as part of Council’s deliberations regarding the updated WCB. Draft Woodland Conservation By-law The draft WCB attached to this report (together with the various appendices and schedules) has been prepared with a view to providing a starting point for discussion during the public and stakeholder consultation process. Generally, the draft WCB has been reorganized in a manner that provides a clearer and more logical presentation and has been updated to reflect changes in legislation and regulation since the last amendments in 2006. Specific changes of note contained in the draft WCB are as follows: Definitions A number of definitions contained in the current WCB have been updated, including the definition of ‘Good Forestry Practices’ (Page 2 of the attached draft WCB) and ‘Woodlands’ (Page 5), the latter of which has been expanded to clearly describe woodlands to which the County WCB applies (i.e. woodlands of at least 1 ha or 2.47 acres) and the mechanisms for protecting woodlands smaller than 1 ha. For information, the ONHSS completed for the County in 2016 indicates that 99% of the woodlands in Oxford are greater than 1 ha. This equates to approximately 26,640 ha (65,800 acres) of woodlands protected by the WCB. The protection of the remaining 1% (366 ha or 904 acres) of woodlands that are less than 1 ha would require the Local Municipalities to pass their own WCB to capture the smaller woodlots or pass a by-law delegating authority to enforce the protection of smaller woodlands to the County. In either case, the size of the woodlands (less than 1 ha) to be protected would be set out in the Local Municipal WCB/delegating by-law. The findings of the ONHSS may be useful to County and Local Council’s in determining the value of these smaller woodlands and to what extent, if any, they are to be protected. Definitions relating to ‘Silviculture’, ‘Silvicultural Prescriptions’ and what constitutes a ‘Qualified OPFA Member’ have also been added to the draft WCB (Page 4). 53 Report No: CASPO 2016-182 COMMUNITY AND STRATEGIC PLANNING Council Date: September 14, 2016 Page 5 of 6 Circumference Harvest Provisions The circumference harvest provisions of the current WCB have been removed from the draft by- law and as such, the draft by-law relies solely on the issuance of ‘Good Forestry Practices’ permits. Circumference harvest is the practice of cutting all trees that are over a certain diameter and was initially implemented in tree protection by-laws as a means to prevent clearcutting practices. Typically, circumference harvest practices target larger, healthier trees that are of greatest value, leaving poorer quality trees behind. The ‘Good Forestry Practices’ approach to tree harvesting is considered to be a ‘best practice’ in forest management which contributes to the diversity and health of woodlands and generally lessens the impacts of diseases such as emerald ash borer and beech bark disease. County staff responsible for the enforcement of the Woodlands Conservation By-law (WCB) have indicated that the circumference harvest approach to woodlands management does not account for tree species, age, quality, etc. and as such, circumference harvesting has not proven to be a sustainable management practice. Committee Exemptions The current WCB provides for Council or an appointed Committee of Council to consider applications for exemptions from the By-law (in Oxford, exemptions to the by-law are considered by the Woodlands Conservation By-law Appeal Committee, which is appointed by County Council at the beginning of each term of Council). The draft WCB clarifies the process by which the Committee hears exemption requests and also provides additional guidance at the beginning of the WCB to assist the Committee in determining if an exemption request is appropriate and maintains the intent of the WCB (Pages 11 & 12). In addition to the foregoing, staff have drafted a brief ‘companion’ policy (Appendix B to the WCB titled Tree Compensation Policy) that would serve to guide the Committee in those situations where an exemption to the by-law is granted and compensation for the tree removal is considered appropriate. This companion policy would not form part of the WCB, but would require Council endorsement as a guidance tool. The said companion policy is included as Appendix B of the draft WCB. Minor Exemption Permit The draft WCB introduces provisions to obtain a permit from the By-law Officer where the proposed removal of trees that are considered to be part of a woodland as per the definitions in the WCB meet the specific criteria for minor exemptions (Page 11). It is intended that these provisions could be used to grant exemptions at the staff level where the criteria is met to the satisfaction of the By-law Officer and as such, would not require consideration by the Committee. The criteria or ‘scenarios’ included in the draft WCB have been developed based on the past experience of staff and the Committee with respect to applications for committee exemptions and from the information that has been provided via the updated ONHSS. Woodlands Conservation By-law Administration There has been some criticism of the administration of the current By-law. As part of the process to develop the new WCB and to deal with some of the customer criticism, staff are 54 Report No: CASPO 2016-182 COMMUNITY AND STRATEGIC PLANNING Council Date: September 14, 2016 Page 6 of 6 developing processes and procedures intended to improve customer service. The procedures are in the development stages, but will be discussed as part of the consultation and engagement program with further reporting to Council prior to the consideration of the new By- law. Next Steps Staff are of the opinion that the draft WCB attached to this report represents a suitable starting point for consulting with and engaging the public and the many stakeholders involved in woodlands management in Oxford County. The draft WCB has been prepared with a view to clarifying the provisions of the current By-law and providing a document that supports and promotes both woodland conservation principles and sound administration. It is anticipated that the proposed public and stakeholder consultation process for the WCB can be tied into concurrent consultation regarding the recently completed Oxford Natural Heritage Systems Study (ONHSS). Staff are also of the opinion that the consultation program regarding the WCB can be utilized as a platform for broader education on both the WCB and woodlands conservation in Oxford. Conclusions Staff recommend that the initiation of a public and stakeholder consultation process be given favourable consideration by Council. With Council’s direction, staff will initiate the public and stakeholder consultation and engagement process, including circulation of this report and the draft Woodlands Conservation By-law (WCB) to the Area Municipalities. Staff will undertake a thorough consultation process with a view to returning to Council with a draft WCB for consideration in January 2017. SIGNATURE Report Author: Reviewed by: original signed by original signed by Gordon K. Hough, RPP Robert Walton, P.Eng. Director of Community & Strategic Planning Director of Public Works Approved for submission: original signed by Peter M. Crockett, P.Eng. Chief Administrative Officer ATTACHMENTS Attachment No. 1 - Draft Woodlands Conservation By-law, Schedules and Appendices 55 Attachment No. 1 THE CORPORATION OF THE COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO.: To prohibit or regulate the harvesting, destruction or injuring of trees in woodlands in the County of Oxford WHEREAS s.135(2) of the Municipal Act, 2001, R.S.O. 2001, c.25 as amended, (hereinafter referred to as “the Act”) permits the enactment of a by-law by the Council of the Corporation of the County of Oxford (hereinafter referred to as “the County”) to prohibit or regulate the harvest, injury or destruction of trees in woodlands; AND WHEREAS s.135(7) of the Act provides that a by-law enacted in accordance with s.135(2) of the Act may require that a permit be obtained to harvest, injure or destroy trees and that a municipality may impose conditions on a permit, including conditions relating to the manner in which harvesting, injuring or destroying occurs and the qualification of persons authorized for this purpose; AND WHEREAS Council has determined that it is desirable to enact such a by-law for purposes including, but not limited to, the following: ● achieving the goals and objectives of the County Official Plan with respect to sustaining the community’s environmental and natural heritage resources; ● conserving and improving woodlands through Good Forestry Practices; ● protecting, promoting and enhancing the value of woodlands for social, economic and environmental value; and ● enhancing biodiversity and forest resilience to assist the community in adapting to climate change, and other environmental threats to forest health. NOW THEREFORE the Council of the Corporation of the County of Oxford HEREBY ENACTS as follows: 1. DEFINITIONS In this by-law: 1.1 "Acceptable Growing Stock (AGS)” means trees suitable for retention in the stand for at least 1 cutting cycle, comprising trees of commercial species and of such form and quality as to be saleable as sawlog products at some future date. 1.2 "Basal area" means the area of the cross-section of the stem of a tree taken at a point of measurement 1.37 metres (4.5 ft.) above the point on the tree where the ground meets the stump in an undisturbed state at the base of the tree. 1.3 "Building Permit" means a building permit issued under the Building Code Act 1992, R.S.O. c.23, as amended. 1.4 "Business day" means any day falling on or between Monday and Friday of each week but does not include New Year’s Day; Family Day; Good Friday; Easter Monday Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving; Remembrance Day; Christmas Day or Boxing Day. 56 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 2 - 1.5 "By-Law Officer" means an individual or individuals appointed by Council for the administration and enforcement of this By-Law. 1.6 "Certified Tree Marker" means an individual who has full certification in good standing for marking under the Ontario Ministry of Natural Resources and Forestry (MNRF) Certified Tree Marker program, or similar program approved by the MNRF, has maintained proper accreditation, and has demonstrated experience to mark according to Good Forestry Practice within Oxford County. 1.7 "Circumference" means the measurement of the perimeter or outer boundary of a stem or trunk of a tree with such measurement including the bark of the stem. 1.7 "Committee" means the Woodlands Conservation By-law Appeal Committee toas designated by a By-Law of the Corporation of the County of Oxford.for consideration and report to County Council. 1.9 "Conifer Plantation" means woodlands where coniferous trees have been planted or seeded in a pre-determined pattern. 1.8 "Corridor" means a ,break in the forest cover or forest canopy,whichincludes but is not limited totreed windbreaks. right-of-way, or natural open spaces. 1.89 "Coppice growth" means where more than one tree stem grows from a single tree stump. 1.910 "Cord" means a pile of fuelwood measuring not more than 1.21 m (3.96 ft) x 1.21 m x 2.43 m (7.97 ft.)3.63 m3 (128 ft3) in 1.101 "Council" means the Council of the Corporation of the County of Oxford. 1.112 "County Clerk" means the County Clerk of the Corporation of the County of Oxford. 1.123 “Destroy” means any action which causes or results in the irreversible injury or death of a tree. 1.13 "Diameter" means the diameter of the stem of a tree measured outside the bark at a specified point of measurement.; 1.145 “Drip Line” means an imaginary line running directly beneath the outermost branches of the trees forming the perimeter of the woodlands. 1.156 "Diameter Breast Height (DBH)” means the diameter of the stem of a tree measured at a point that is 1.37 metres (4.5 ft.) above the highest point of the ground in an undisturbed state at the base of the stem or trunk of the tree. 1.167 "Good Forestry Practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health, and the aesthetics and recreational opportunities of the landscape and also includes, but is not limited to, the forestry management practices set out in the Provincial Silvicultural Guidelines as referred to in the Forest Operation and Silviculture Manual, as revised, prepared under the authority of the Crown Forest Sustainability Act, R.S.O. 1994, c.25. These Provincial Silvicultural Guidelines include, but are not limited to: A Silvicultural Guide to Managing Southern Ontario Forests, Silvicultural Guide for the Tolerant Hardwood Forest in Ontario, A Tree Marking Guide for the Tolerant Hardwood Working Group in Ontario, A Silvicultural Guide for the Great Lakes-St. Lawrence Conifer Forest in Ontario, Ontario Tree Marking 57 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 3 - Guide. "Good Forestry Practices" permits the harvest, destruction or injuring of trees that: i) have been damaged by disease, insects, wind, ice, fire, lightning, or other natural causes to an extent that the health of such trees is likely to further deteriorate and can be assessed as such; ii) have been assessed and identified for removal to prevent disease or insects from spreading to other trees; iii) are cut in accordance with the Provincial Silvicultural Guidelines as referred in the Forest Operations and Silvicultural Manual and it revisions prepared under the authority of the Crown Forest Sustainability Act, S.O. 1994, c. 25. iv) are marked and cut as part of a Woodlands Management Plan by way of a “prescription” approved by a Registered Professional Forester or Associate Member in good standing. 1.178 "Harvest" means the injury or destruction of a tree through cutting or other mechanized means, which results in the irreversible injury or death of a tree by design and further, includes any work, efforts or attempt to move or gather such trees having been cut or otherwise destroyed. 1.18 “Injure” or “Injury” means any action that causes physical, biological or chemical damage to a tree including any lasting damage to a tree which has the effect of inhibiting or terminating its growth but does not include pruning branches for maintenance purposes. 1.19 "Local Board" means a municipal service board, transportation commission, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs and purposes of one or more municipalities. 1.19 "Log" means a portion of a tree of a prescribed species reduced to a size suitable for loading on a vehicle for transport to a processing mill for the production of lumber or other products. 1.20 "Logger" means an individual or company or similar group who cuts trees for purchase, sale or other profit, on behalf of the landowner. 1.21 "Local Municipality" means each of the municipalities of Blandford-Blenheim, East Zorra- Tavistock, Norwich, South-West Oxford, Zorra, Ingersoll, Tillsonburg and Woodstock. a geographic area whose inhabitants are incorporated within the County of Oxford. 1.22 "Owner" means a person having any right, title, interest or equity in land. 1.23 "Own Use" means a use by the Owner that does not include a sale, exchange or other disposition of trees harvested, injured or destroyed. or injured. 1.24 "Permit" means a written authorization issued pursuant to this By-law by the By-law Officer as provided in Schedule “HH”. 1.25 "Person" means any individual, corporation, partnership, association, firm, trust, or other entity and includes anyone acting on behalf or under the authority of such entity. 1.26 "Plantation" means a wooded area where trees have been planted or seeded in a pre- determined pattern or rows and are harvested for commercial purposes in-keeping with the original purpose of planting. for the purposes of harvesting for commercial purposes. 1.27 "Plot" means a carefully specific area measured area set out for the purpose of measuring the number of trees within woodlands. 58 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 4 - laid out for experimentation, which may be permanent or temporary. 1.28 "Point of Measurement" means that point on the tree trunk measured above the highest point of the ground in an undisturbed state at the base of the stem or trunk of the tree where the ground meets the stump. For coppice growth, “point of measurement” means that point on the tree trunk where the tree stems separate, provided that such point of separation is less than 1.27 metres (50 inches) from where the ground meets the base of the tree. 1.29 “Pruning” means the removal of a tree branch or branches from a tree by cutting at the point outside the branch collar, but does not include the removal of more than one third of the tree’s leaf bearing crown. 1.30 "Prescribed Species" means the species of trees as listed in Schedule “AB” of this By- Law. 1.30 “Qualified OPFA Member” means a Registered Professional Forester or Associate Member of the Ontario Professional Foresters Association as defined by the Professional Foresters Act 2000, S.O. 2000, c.18, as amended, to practice professional forestry, unless a suspension, term, condition or limitation of certification applies which would restrict the Member from carrying out responsibilities under this By-law. 1.31 “Silviculture” means the art, science, theory and practice of controlling forest establishment, composition, growth and quality of forests to achieve forest management objectives. 1.32 "Silvicultural Prescription" means the site specific and operational plan prepared by a Qualified OPFA Member that describes the existing woodlands conditions and woodlands management objectives for an area and which prescribes the methods for harvesting the existing woodlands stand and a series of silvicultural treatments that will be carried out to establish a free-growing stand in a manner that accommodates other resource values as identified. a “pre-harvest silvicultural prescription”, which is a course of management action prescribed for a particular area after specific assessments and evaluations have been made. 1.32 "Registered Professional Forester" as defined in the Professional Foresters Act, S.O. 2000, c. 18. 1.33 "Sensitive Natural Areas" means the: i) Provincially significant life science Areas of Natural and Scientific interest. (A.N.S.I) ii) Wetlands designated as locally, regionally or provincially significant. iii) Significant Natural areas within Oxford County as designated by any one of the following: Ontario Ministry of Natural Resources, Upper Thames River Conservation Authority, Long Point Region Conservation Authority, Grand River Conservation Authority, or the Catfish Creek Conservation Authority. 1.34 "Silviculture" means the art and science of producing and tending a forest, and the theory and practice of controlling forest establishment, composition, growth and quality of forests to achieve the objectives of management. 1.35 "Stand Improvement" means the destruction or harvesting of: i) trees that have been damaged by disease, insects, wind, ice, fire, lightning, or other natural causes to an extent that the health of such trees is likely to further deteriorate; ii) diseased or insect infested trees that should be cut or removed to prevent disease or insects from spreading to other trees; or iii) exotic species, or trees not indigenous to the municipality, if such destruction is carried out in such a manner as to encourage replacement of exotics by indigenous species. Excluding Pinus and Picea species. 59 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 5 - 1.33 "Tree" means for the purposes of the definition of a woodland, any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters (14.8 ft.) at physiological maturity. 1.37 "Tree Marker" is an individual who has the ability to mark trees in a woodland to the circumference limit standard as set out in Section 2(a)(ii) of this By-Law. These individuals are categorized into two categories: i) “Independent Tree Marker” is an individual who has no economic ties to any logger or processors of timber products; or ii) “Commercial Tree Marker” is an individual who is employed by a logger or a processor of timber products. 1.34 "Unacceptable Growing Stock (UGS)” means trees that have a high risk of dying, and are expected to decline over the next cutting cycle, including trees of poor form and/or low quality. 1.35 "Watercourse" means a natural or man-made waterway coursecontaining flowing water for at least for parta portion of the year. 1.36 "Woodlands" means land at least one hectare in area with at least: (i) 1000 trees of any size, per hectare; or (ii) 750 trees measuring over five (5) centimetres (2 in.) in diameter at DBH, per hectare; or (iii) 500 trees measuring over twelve (12) centimetres (5 in.) in diameter at DBH, per hectare; or (iv) 250 trees measuring over twenty (20) centimetres (8 in.) in diameter at DBH, per hectare. Woodlands do not Binclude a cultivated fruit or nut orchard, a Christmas tree plantation or a registered tree nursery. For the purpose of this definition of woodlands, all measurements of a tree will generally be taken at 1.37 metres (4.5 feet) from the ground, however, where a tree cannot be measured at 1.37 metres (4.5 feet) at DBH, the tree will be measured or tallied at the tree’s highest point. The boundary of woodlands shall be defined by the ecological limit of the woodlands and not by the property boundary; this includes the drip line of the outermost trees. Where a potential woodland is dissected by a road or path not wider than 30 metres (98 feet) or by a natural feature such as a creek, the boundary of the woodland shall be deemed to cross the road, path or natural feature, but the area of the woodland shall be calculated exclusive of the area of the road, path or natural feature. Notwithstanding the foregoing, Inthe case of an area municipality with the County of Oxfordwhere a Local Municipality has approved a By-law to prohibit or regulate the harvesting, injuring or destruction of trees in woodlands within the Local Municipality, “Woodland” woodlands shall mean land that is identified as woodlands in accordance with the definition(s) contained in the local municipal By-law. Alternatively, where a Local Municipality has approved a By-law to delegate authority respecting the prohibition or regulation of the harvesting, injuring or destruction of trees to the County of Oxford, woodlands shall mean land that is identified as woodlands in accordance with the definition(s) contained in the delegation By-law. less than one hectare with at least: (i) 400 trees, of any size, per 0.4 hectares; (ii) 300 trees, measuring over five (5) centimetres (2 in.), in diameter at DBH, per 0.4 60 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 6 - hectares; (iii) 200 trees, measuring over twelve (12) centimetres (5 in.), in diameter at DBH, per 0.4 hectares; or (iv) 100 trees, measuring over twenty (20) centimetres (8 in.), in diameter at DBH, per 0.4 hectares. But does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees or registered tree nursery. 2. GENERAL PROHIBITION Except as provided in this By-law, no person, through their own actions or through the actions of any other person, shall harvest, injure or destroy, or cause or permit to be harvested, injured or destroyed, any tree located in woodlands. (a) Except as provided in Section 3, no person through their own actions or through any other person shall harvest, destroy, or injure and living tree unless the person who is harvesting, destroying or injuring trees have done so in accordance with: (i) Good Forestry The person who is harvesting, destroying or injuring trees does so in accordance with Good Forestry Practice as marked by: (a) a Registered Professional Forester in good standing with the Ontario Professional Foresters Association, or: (b) an associate member in good standing of the Ontario Professional Foresters Association.; or (c) a fully certified Tree Marker; or (ii) Circumference Limit The person who is harvesting, destroying, or injuring trees, has only harvested, destroyed or injured those trees which have attained, at the specified point of measurement, the circumference measurement, which equals or is greater that the minimum circumference prescribed for the species in Schedule “A” and the person who is harvesting, destroying or injuring trees has abided by Section 5 and; The harvest, destruction or injuring of trees have not reduced the basal area in that part of the woodlands, where tress have been harvested, destroyed or injured below 14 m2/ha, of trees 25 centimetres (10 in.) and larger at DBH, as determined by using the method described in Schedule “H”; and (b) Except as provided in Section 2 (a)(i)(a) and (b), no person through their own actions or through any other shall harvest, destroy or injure a tree located in a Conifer Plantation; and (c) Except as provided in Section 2 (a)(i)(a) and (b), no person through their own actions or through any other person shall harvest, destroy or injure a tree located in a Sensitive Natural Area; and (d) Except as provided in Section 3, no person through their own actions or through any other person shall harvest, destroy or injure any living tree unless the person who is harvesting, destroying or injuring trees, has only harvested, destroyed or injured those trees: (i) which have met the definition of stand improvement which can be proven before and after the trees have been harvested, destroyed or injured; or (ii) which have attained, at the specified point of measurement, the circumference which equals or is greater than the minimum circumference 61 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 7 - prescribed for the species in Schedule “A”; and (e) the person has marked those tree which are to be harvested, destroyed or injured with paint visibly on at least two (2) opposite sides as well as at the base of the tree in an area that will be visible after harvesting, destroying or injuring is completed; and (f) the harvest, destruction or injuring of trees will not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered a woodland; and (g) the harvest, destruction or injuring of trees has not reduced the basal area in that part of the woodlands, where trees, which measure 25 centimetres (10 in.) or more at DBH, have been destroyed or injured below 14 m2/ha of trees; and (h) the harvest, destruction or injuring of trees has abided by the requirements of Section 5; and (i) with the exception of work on municipal drains, if any tree removal is necessary due to the undertaking of any drainage work, notification of the By-Law Officer is necessary and every person intending to destroy or injure trees for the purpose of drainage work must be in accordance with the requirements of Section 4; and (j) any tile drainage work through or adjacent to a woodlands which shall result in the destruction or injury to a tree or trees in woodlands shall be constructed of a closed tile in the part of the drainage work that goes through or adjacent to the woodland; and (k) No person through their own actions or through any other person shall: (i) fail to comply with an Order issued by this By-Law; (ii) contravene the terms or condition of a Permit issued under this By-Law; (iii) contravene the terms or conditions as to the Letter of Intent filed under this By-Law; (iv) remove or deface any Order issued under this By-Law. 3. EXCEPTION Notwithstanding Section 2, a person may harvest, injure or destroy trees located in woodlands, subject to obtaining a Good Forestry Practices Permit, as follows: (i) Every person who intends to harvest, injure or destroy trees pursuant to this By-law shall complete and submit to the By-law Officer or a designate, an application for a Good Forestry Practices Permit in the form prescribed in Schedule “B” to this By-law containing all of the information required by the application form, not less than 20 business days and not more than one (1) year prior to the start of the harvest, injury or destruction of trees, together with the following: a) a copy of the silvicultural prescription prepared by a Qualified OPFA Member, to the satisfaction of the By-law Officer; a)b) the prescribed fee as set out in Schedule “A”. (ii) A Good Forestry Practices Permit issued in accordance with the terms and requirements of this By-law shall be subject to the following terms and conditions: a) the harvesting, injury or destruction of trees shall be in accordance with Good Forestry Practices and as described in a silvicultural prescription prepared by a Qualified OPFA Member. b) the owner or applicant shall post a Notice of Tree Harvest prior to harvesting, injuring or destroying trees and such posting shall be located on the subject property in a 62 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 8 - manner that is clearly visible and legible from a public highway or other place to which the public has access. The Notice of Tree Harvest shall be in the format prescribed in Schedule “I” to this By-law. c) the owner or applicant shall notify the By-law Officer during regular business hours, not less than 24 hours prior to harvesting, injuring or destroying trees and again upon resumption of activities after any two (2) week period of inactivity. (i)(iii) The issuance of any Good Forestry Practices Permit may be for such time and subject to such terms and conditions as the By-law Officer considers advisable and as are set out in the permit. (ii)(iv) A silvicultural prescription as required by this By-law shall incorporate good forestry practices and demonstrate that: a) the harvest, injuring or destruction of trees will not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered a woodland; b) the harvest, injuring or destruction of trees does not reduce the basal area in that part of the woodlands where trees which measure 25 cm (10 in) or more at DBH have been injured or destroyed below 15 m2/ha (161 ft2/acre). Notwithstanding subsection 3(v)b), a Good Forestry Practices Permit may be issued provided that the By-law Officer is satisfied that the harvesting of trees is consistent with good forestry practices. (v) The trees to be harvested, injured or destroyed have been clearly marked above DBH on opposite sides of the tree. The mark shall be at least 8 cm (4 in) in diameter for hardwood sawlogs/poles and a slash 20 cm (8 in) long for fuelwood/logs. A similar mark shall be placed at the base of the tree below the saw line and extending to the ground. All trees shall be marked facing the same direction unless the terrain requires a change in direction, in which case the marking will proceed consistently with the terrain. For conifer plantation row thinning only, the first and last tree in the row as well as an occasional tree shall be marked. (iii)(vi) The person who is harvesting, injuring or destroying trees has complied with all of the requirements of this By-law and is in good standing with the County of Oxford. (iv)(vii) Where trees are marked for harvest, injury or destruction in accordance with this By-law, no person shall fail to harvest or destroy any tree so marked unless to do so would breach the provisions of the Health and Safety Act, R.S.O. 1990 c.0.1 (iiivii) a person shall not: a) harvest, injure or destroy a tree that has not been marked; b) leave a harvested tree suspended in another tree;harvest, injure or destroy a tree below the lowest point of measurement, unless authorized by a By-Law Officer; c) harvest, injure or destroy any tree unnecessarily that is to remain standing after the harvest, injuring or destroying of trees is completed; d) operate a vehicle, equipment or machinery or conduct their operations in such a manner or at such a time that results in excessive damage to the soil, wetlands, natural areas or other portions of the woodlands; e) operate a vehicle, equipment or machinery or conduct their operations in such a manner or at such a time, that results in the leaving of any part of a tree in a watercourse including any trees that have not been cut, but have been pushed, 63 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 9 - knocked over or otherwise come to rest in a watercourse; f) leave a tree top, which can safely be trimmed and is not scheduled for fuelwood processing, higher than 31.5 metres (11.54.92 ft.) from the ground to the highest branch; g) harvest, injure or destroy a tree, which shall result in any part thereof crossing a property boundary, without the written permission of the adjoining property owner; h) harvest, injure or destroy a tree, which is on the property boundary, without the written permission of the adjoining property owner. 4. EXEMPTIONS TO THIS BY-LAW This By-law does not apply to any mandatory exemption as set out in the Municipal Act, as amended from time to time. Mandatory exemptions contained in the Municipal Act are listed in Appendix A to this By-law. Appendix A may be modified to reflect changes to the Municipal Act, as amended from time to time, without amendment to this By-law. In addition to any exemption as set out in the Municipal Act, this By-law shall not apply to: (i) the harvest, injuring or destruction of trees required to erect any building, structure or thing in respect of which a building permit has been issued and has taken into consideration the protection of trees surrounding the structure or work within the building envelope, provided that no tree is harvested, injured or destroyed that is more than 15 metres (49.2 feet) from the outer edge of the building, structure or thing; (ii) the harvest, injuring or destruction of trees that is reasonably required to install and provide utilities and/or, a single lane driveway for vehicular access, for the construction or use of a building, structure or thing in respect of which a building permit has been issued. This by-law does not apply to: (a) activities or matters undertaken by a municipality or a local board of a municipality; or (b) activities or matters undertaken under a licence issued under the Crown Forestry Sustainability Act, 1994; or (c) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; or (d) the injuring or destruction of trees imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51, or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; or (e) the injuring or destruction of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; or (f) the injuring of destruction of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of construction and maintaining a transmission system or a distribution system, as those terms as defined in that Section; or 64 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 10 - (g) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or (h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, (i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and (ii) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 2001, c.25, s.135(12); or (i) the injuring or destruction of trees where the owner of the woodlands has been granted an exemption by the Committee pursuant to Section 4; or (j) the injuring or destruction of trees that is required in order to erect any building, structure or thing in respect of which a Building Permit has been issued and has taken into consideration the protection of trees surrounding the structure or work within the building envelope, provided that no tree is destroyed or injured that is located more than 15 metres (49.2 ft.) from the outer edge of the building, structure or thing and the By-Officer has been notified; or (k) the injuring or destruction of trees that is required in order to install and provide utilities to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; or (l) the injuring or destruction of trees that is required in order to install and provide utilities to provide a single lane driveway for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; (i)(iii) the harvest, injury or destruction of trees by the owner of a woodland for the owner’s own use which results in the production of less than 20 logs or 20 cords of fuelwood per woodland per calendar year, provided that such activity does not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered a woodland, does not reduce the overall area of the woodland and that the activity is consistent with good forestry practices. (m) the owner of the woodlands who has harvested, destroyed or injured trees which results in the production of less than 20 logs or 20 cords of fuelwood per woodlands per year, providing such activities has not reduced the number of trees per hectare below the minimum number of trees per hectare required to be considered a woodland; or (iv) the harvest, injury or destruction of trees where said trees are harvested, injured or destroyed pursuant to a legally binding contract, provided that: a) the owner of the woodland has given notice in accordance with this By-law; and b) a contract was signed between the owner and contractor immediately preceding the date on which this By-law came into force and effect; and c) proof of the signed contract, and a down payment made to the owner, to the satisfaction of the By-law Officer; and d) the trees subject to the contract are harvested, injured or destroyed in a manner consistent with this By-law within two (2) years of the enactment of this By-law. (n) the harvest, destruction or injury of trees where the trees are destroyed or injured pursuant to a legally binding contract if: (i) the owner of the woodlands has given notice under Section 5; and the contract was signed and a down payment made to the owner immediately preceding the date on which this By-law was passed; and proof of the signed contract and a down payment has been received by the By-law Officer; and 65 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 11 - the trees are harvested, injured or destroyed in a manner consistent with By-Law No.: 4489-2004 and have been harvested, destroyed or injured within two years of the enactment of this By-Law. 5. MINOR EXEMPTION PERMIT (i) Notwithstanding Section 3, the By-law Officer may issue a Minor Exemption Permit. (ii) Every person who intends to obtain a Minor Exemption Permit shall complete and submit to the By-law Officer or designate, an application in the form prescribed in Schedule “C” to this By-law containing all of the information required by the application form, not less than 30 business days and not more than one (1) year prior to the start of any harvest, injury or destruction of trees, together with the prescribed fee as set out in Schedule “A”. (iii) The By-law Officer may issue a Minor Exemption Permit where, in the opinion of the By- law Officer: a) the harvest, injury or destruction of trees along the immediate perimeter of a productive agricultural field is desirable where said trees are impeding existing agricultural operations, including interference with private tile drainage works, and where said harvest, injury or destruction of trees does not occur more than 1.8 m (6 ft) from the normal cultivated area of trees that are 50 mm (2 inches) or less in diameter at DBH; b) the harvest, injury or destruction of trees within woodlands is necessary with regard to the installation, maintenance or repair of any open or closed private drainage works provided that where the said work includes the installation of drainage tile or the replacement of existing drainage tile, the said tile shall be constructed of a non-perforated pipe within or immediately adjacent to woodlands; c) the trees to be harvested, injured or destroyed are not located within a woodland, or portion thereof, that is identified as part of the Natural Heritage System in the County of Oxford Official Plan, or are not within 30 m (98.4 ft) of an open watercourse; or d) the pruning and/or trimming of trees along the edge of woodlands or a fence row is necessary to provide passage of agricultural equipment, provided that the extent that the said pruning and/or trimming is limited to that reasonably necessary to permit the passage of equipment. (iv) The By-law Officer may impose such conditions to the permit that relate to the manner in which harvesting, injuring or destroying trees is to occur that are, in the opinion of the By-law Officer, reasonable and appropriate. (v) The By-law Officer shall notify the owner and/or applicant in writing regarding the approval or denial of any application for a Minor Exemption Permit. (i)(vi) A Minor Exemption Permit is valid for up to 365 days from the date of issuance by the By-law Officer. 6. COMMITTEE EXEMPTION (i) Notwithstanding any provision contained in this By-law, a person may request an exemption from this By-law from the Committee. In order to be considered for an exemption to Section 2, the owner of the woodlands must apply to the County 66 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 12 - Committee for an exemption at least 90 days prior to the anticipated commencement of injury or destruction of trees by submitting: (i) a completed application form as described in Schedule "E"; and (ii) the applicable fee as set out in Schedule "D". Every person who intends to obtain a Committee Exemption shall complete and submit to the By-law Officer or designate, an application in the form prescribed in Schedule “D” to this By-law containing all of the information required by the application form not less than 60 days and not more than one (1) year prior to the start of any harvest, injury or destruction of trees, together with the prescribed fee as set out in Schedule “A”. (ii) Public Notice of Committee Exemption shall be circulated by regular mail not less than 20 days prior to the Committee meeting at which the application will be considered, to the owner, the applicant and/or the applicant’s authorized agent and to all assessed owners of land that abut the lands subject to the application. The Public Notice of Committee Exemption shall contain information as prescribed in Schedule “E”. (iii) The owner or applicant shall post a Public Notice of Committee Exemption Request not less than 20 days prior to the Committee meeting at which the application will be considered and such posting shall be located on the subject property in a manner that is clearly visible and legible from a public highway or other place to which the public has access. The Public Notice of Committee Exemption Request shall be in the format prescribed in Schedule “E”. (iv) The application for Committee Exemption shall be circulated to those agencies that, in the opinion of the Committee, the By-law Officer or designate, may have an interest in the application, for the purpose of obtaining comments regarding the application. (v) In consideration of a request for a Committee Exemption, the Committee may: a) grant the exemption request; b) grant the exemption request with modifications; or c) refuse the exemption request. (iii)(vi) When evaluating a request for Committee Exemption, the Committee shall consider whether the harvest, injuring or destruction of trees proposed by the application: a) is appropriate for the development or use of the land; and b) maintains the intent and purpose of the By-law. (vii) Committee may impose terms and conditions to the Committee Exemption that are reasonable and desirable for the appropriate development or use of the land on which the said exemption is granted. (i) Committee shall hear any person choosing to speak with respect to the request for Committee Exemption prior to making a decision regarding the said request and may consider other such matters as the Committee deems advisable. (ii)(viii) The owner or applicant shall be notified in writing with respect to the Committee’s decision regarding the approval or denial of any application for a Committee Exemption. (b) At least twenty-one (21) business days prior to consideration of the application by the Committee for a exemption, the County Clerk shall send by regular mail, written notice to the applicant and all abutting landowners on the lands for which an exemption is being sought. 67 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 13 - (c) The applicant shall erect and display a public notice regarding the exemption application at the entrance of the adjoining roadway to the subject property where the minor exception is being sought in a position that ensures that it is clear and visible to all persons, and the notice shall be in the format of Schedule "F". (d) The notice shall be posted at least fifteen (15) business days prior to consideration of the application. (e) Provided that there have been no objections filed with the Committee, and/or the By-Law Officer agrees that the general purpose and intent of this By-Law is being maintained, the By-Law Officer may grant the Permit for the exemption in the form of Schedule “I” (f) When granting an exemption, the By-Law Officer may include terms or conditions. (g) Where there has been objections filed with the By-Law Officer or where the applicant objects to the terms and conditions on the Permit for the exemption, the Committee will reconsider the application for exemption, any conditions to the Permit and make a decision whether to grant the exemption and, therefore, a Permit. (h) When granting an exemption, the Committee may include terms and conditions to its approval provided the terms and conditions are desirable for the appropriate development or use of the land on which the exception is sought and the general purpose and intent of the By-Law is maintained. (i) The Committee shall hear any person who wishes to speak to the exemption for which objections have been filed. Upon the conclusion of the Committee meeting where the application for the exemption is being considered, the Committee shall advise the persons in attendance of the date, time and location when Council will make a final determination on such application. (j) When denying an exemption, the Committee must notify the applicant. (k) The applicant may object to the terms and conditions on the Permit for the exemption. 5. NOTIFICATION/APPLICATION (LETTER OF INTENT PERMIT) (a) Every owner of Woodlands or person acting on behalf of the owner who intends to harvest, destroy or injure trees personally or through another person, under Section 2(a)(i) of this By-Law shall complete and submit to the County of Oxford Community and Strategic Planning Office no less than ten (10) business days prior to the start of harvest, destruction or injury, all the information as prescribed in Schedule "B". (b) Every owner of Woodlands or person acting on behalf of the owner who intends to harvest, destroy or injure trees personally or through another person, under Section 2(a)(ii) of this By-Law shall complete and submit to the County of Oxford Community and Strategic Planning Office no less than ten (10) business days prior to the start of harvest, destruction or injury, all the information as prescribed in Schedule "C". (c) An exception to 5(a) and (b) in regards to the submitting of information to the County will be permitted at the discretion of the By-Law Officer should the person submit the Notice of Intent Permit with the prescribed fee as set forth in Schedule "D". (d) Any person who has submitted a Notice of Intent Permit shall also erect and display a sign at the entrance at the adjoining roadway to the land where the harvest, destruction, injury, or harvest of the trees is to occur, in a position that is clear and visible to all persons, the sign shall be required to be posted upon commencement of the harvest and remain posted until ten (10) days after the conclusion of the harvesting or destruction 68 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 14 - and removal of the logs and such sign shall be in the format as outlined in Schedule "J". (e) Any person who has submitted a Notice of Intent Permit shall notify the By-Law Officer 24 hours prior to the start of harvest, destruction or injury of trees. 6. PERMIT APPLICATIONS FOR EXEMPTIONS (a) Applications for Permits will not be processed if: (i) applications have not been completed in full; and (ii) applications are not in keeping with the general purpose and intent of the By- Law; and (iii) the prescribed application fee, as set forth in Schedule "D" has not been paid in full. (b) A Permit in the form of Schedule "I" may be; i) issued to the applicant for a term of one (1) year. ii) renewed by Committee for one term of one (1) year provided an additional prescribed application fee as set forth in Schedule "D" is paid. 7. APPEALS TO THE ONTARIO MUNICIPAL BOARD An applicant may appeal a Permit under Section 6 to the Ontario Municipal Board if: (a) within 30 days after the refusal by the Committee to issue a Permit; or (b) the committee fails to make a decision on the application, within forty-five (45) days after the application is received by the County Clerk; or (c) if the applicant objects to a condition of the permit, within thirty (30) days after the issuance of the Permit. 7. ORDERS TO DISCONTINUE ACTIVITY (i) (a) Where the By-Law Officer or designate is satisfied that a contravention of this By- Law has occurred, the By-Law Officer, or designate, may makeissue an Order to Discontinue Activity requiring the person who contravened the By-Law or who caused or permitted the harvest, injuring or destruction of trees in contravention of the By-Law, to stop and discontinue the harvest, injuring or destruction of trees. The Order to Discontinue Activity shallas set out the in Schedule “F”, shall include the following: a) the municipal address and/or the legal description of the land; b) reasonable particulars of the contravention; c) the date of inspection; and d) the date by which compliance with the Order must be achieved. 8. SERVICE OF AN ORDER (i) An Order issued under this By-law shall be served on the owner of the property and such other persons affected by the Order, as determined by the By-law Officer or designate, and a copy of the Order shall be posted on the property. (i)(ii) An Order issued under this By-lawSection may be served personally or by registered mail sent to the served by sending it by mail to the last known address of;: a) the owner or the woodlands; and/or b) the person or persons identified as having harvested, injured or destroyeding , ingor harvesting trees. (iii) Where service of an Order is served bymade by registered mail, service shall be deemed to have been made servedon the fifth day after the day of mailing.order is 69 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 15 - mailed. (iv) Where an Order servicecannot be served carriedin accordance with underSection 88(i), (ii) or (iii), the By-law Officer, or designate, shall place a placard containing the terms of the Order in a conspicuous place on the affected property and the placing of the placard shall be deemed to be sufficient service of the Order on the person or persons to whom the Order is directed. it is deemed sufficient if the Officer places a placard containing the terms of the Order in a conspicuous place on the affected lands and the placing of the placard shall be deemed to be sufficient service of the Order on the person to whom the Order is directed. (e) If the person to whom the Order is directed is not satisfied with the terms of the Order, the person may appeal to the Committee by filing Notice of Appeal by personal service or certified mail to the County Clerk within thirty (30) days after the date of the Order. (f) Where an appeal has been filed, Committee shall hear the appeal and have all the powers and the functions of the Officer. (g) Before conducting a hearing under this Section, the County Clerk shall give notice to such persons or direct that notice be given to such persons as the County Clerk considers should receive notice and in the manner directed by the County Clerk. (h) After hearing an appeal, Council may confirm or revoke any Order issued under this By-Law or may issue a Permit with conditions, provided that in the opinion of the Council, the general intent and purpose of this By-Law has been maintained. (i) The proceedings at the Hearing held by the Council shall be in accordance with the provisions of the Statutory Powers Procedures Act, R.S.O. 1990 c.22. The decision of the Council under this Section is final. 9. ENFORCEMENT (i) This By-Law shall be enforced by a By-law Officer appointed by Council. (ii) A By-Law Officer may, at any reasonable time, enter and inspect any land to determine whether this By-Law, an Order or a condition of a permit is being complied with. (iii) A By-law Officer exercising a power may be accompanied by a person or persons under the By-law Officer’s direction. (iv) No person shall hinder or obstruct a By-law Officer or attempt to hinder or obstruct a By- law Officer who is performing a duty in accordance with this By-law. (i)(v) Any person who provides false information to a By-law Officer shall be deemed to have hindered or obstructed the By-law Officer in the discharge of their duties. 10. PENALTY (i) Any person who contravenes any provision of this By-Law, or an Order issued under this By-law, Section 8 is guilty of an offence and is liable: a) on first conviction, to a fine of not more than $10,000.00 or $1,000 per tree injured or destroyed, whichever is the greater; and b) on any subsequent conviction, to a fine of not more than $25,000.00 or $2,500 per 70 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 16 - tree injured or destroyed, whichever is greater. (ii) Notwithstanding subsection 10(i)a) and (i)b) above, where a person convicted is a corporation, partnership, association, firm, trust or other entity or anyone acting on behalf of, or under the authority of such entity: a) the maximum fine in subsection 10(i)a) is $50,000 or $5,000 per tree injured or destroyed, whichever is greater; and b) the maximum fine in subsection 10(i)b) is $100,000 or $10,000 per tree injured or destroyed, whichever is greater. (iii) If a person is convicted of an offence for contravening this By-Law or an Order issued under this By-lawSection 8, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees. 10. ENFORCEMENT (a) This By-Law shall be enforced by an Officer appointed by the municipality. (b) A By-Law Officer may at any reasonable time enter and inspect any land to determine whether this By-Law, an Order or a condition of a Permit is being complied with. (c) Any person who obstructs or interferes with an Officer in the discharge of his or her duties under this By-Law, shall be considered in violation of this By-Law. 11. ADMINISTRATION (i) Sections 1 to 11 shall form part of this By-Law. Schedules “A” to “I”, inclusive,"A" to "J" are appendices to this By-Law and form part of this By-Law. (ii) If any Section or Sections of this By-law or parts thereof are found by any Court of competent jurisdiction to be illegal or beyond the power of the Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of this By-Law shall be deemed to be separate and independent therefrom and continue in full force and effect unless and until similarly found illegal. (ii)(iii) For the purposes of this By-law, words used in the singular number include the plural and words used in the plural include the singular and words which refer to the masculine shall include the feminine, and visa versa, where applicable. (iii)(iv) For the purposes of this By-law, words in italicized text are defined in Section 1. Such defined words will not be italicized where the context in which the word is used does not correspond to the definition contained herein. (vc) The short title of this By-Law is the "Woodlands Conservation By-law". (ii)(vi) Woodlands Conservation By-Law No. 4489-2004, as amended, 2806-88of the County of Oxford shall be repealed effective on the coming into force and effect of this By-law.as of midnight December 31, 2004. This by-law comes into force and effect on January 1, 2005. (iii)(vii) Notwithstanding subsection (dvi) of this sSection, By-Law No. 4489-2004, as amended, 71 COUNTY OF OXFORD WOODLANDS CONSERVATION BY-LAW NO. - 17 - 2806-88 of the County of Oxford shall continue to apply to applications filed, permits issued and/or proceedings in respect of offences that occurred before its repeal, of any legally binding contracts,proof of which has been provided satisfactory to received by an By-law Officer. (iv)(viii)Measurements are given in both metric and imperial units in this By-law. For the purposes of this By-Law, the metric unit shall govern. READ a first and second time this… this 8th day of December, 2004. READ a third time and finally passed this….. 8th day of December, 2004. DONALD S. WOOLCOTT WARDEN KENNETH J. WHITEFORD, CLERK 72 APPENDIX A MANDATORY EXEMPTIONS AS CONTAINED IN THE MUNICIPAL ACT In accordance with Section 135(12) of the Municipal Act, 2001, S.O. 2001, c.25, Woodlands Conservation By-law No. ????-2015 shall not apply to: (a) activities or matters undertaken by a municipality or a local board of a municipality; (b) activities or matters undertaken under a licence issued under the Crown Forestry Sustainability Act, 1994; (c) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; (d) the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision, or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (e) the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (f) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (g) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or (h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, (i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and (ii) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 73 APPENDIX B TREE COMPENSATION POLICY Where the removal or clearing of trees has been approved by the Woodlands Conservation By- law Committee (“the Committee”) via a Committee Exemption, the applicant/landowner will typically compensate for the removal or clearing of trees at a minimum ratio of 1:1, based on the area of the trees that have been approved for removal or clearing. Committee may impose a higher ratio where it is deemed to be appropriate. Planting replacement trees will generally occur on the same property for which the Committee Exemption has been approved. However, planting replacement trees on another property within the County that is owned by the applicant/landowner may also be considered by the Committee. Replanting Protocol The County, in consultation with the Conservation Authority having jurisdiction, will generally encourage the location of compensatory replanting where opportunities exist to: ● establish connections and/or ‘fill in’ areas in identified natural heritage corridors; ● enhance or expand existing natural heritage features such as, but not limited to, designated wetlands, significant habitat or areas of natural and scientific interest; ● retire marginal land; or ● create or enhance riparian buffers, windbreaks and/or shelterbelts. Replanting Plan Where compensatory replanting is required as a condition of Committee Exemption, said replanting will be undertaken in accordance with a Replanting Plan prepared to the satisfaction of the Woodlands Conservation By-law Officer or designate. A Replanting Plan shall generally include the following components: ● a map of the site showing existing vegetation and the area(s) proposed to be planted; ● a description of the site preparation required prior to planting; ● a list of tree species to be planted on the site and the source of trees to be used; ● The owner/applicant shall be required to enter into an agreement with the County which sets out all planting requirements together with securities sufficient to ensure the implementation of the Replanting Plan. The said securities will be in a form satisfactory to the County and the release of the securities will generally be in accordance with the following: 74 ● the site will be inspected by the Woodlands Conservation By-law Officer or designate upon completion of the planting as set out in the Replanting Plan; ● a follow-up inspection will be completed by the Woodlands Conservation By-law Officer or designate within two (2) years (but not prior to one (1) year) of the initial inspection; ▪ where the replanting as stipulated in the Replanting Plan has maintained a survival rate of not less than 95%, securities will be returned in full; ▪ where the survival rate of the said replanting has fallen below 95%, the owner/applicant shall provide additional planting accordingly or alternatively, the County may use all or part of the securities to implement the Replanting Plan. 75 SCHEDULE “A” FEE SCHEDULE FOR APPLICATIONS The following fees will apply for the purpose of this By-law: Application for Good Forestry Practices Permit $25.00 Application for Minor Exemption $200.00 Application for Committee Exemption $500.00 Notice to Harvest Sign (Cost of the sign) $5.00 Public Notice Sign (Cost of the sign) $5.00 Please make all cheques payable to ‘Treasurer - County of Oxford’ 76 SCHEDULE “B” COUNTY OF OXFORD APPLICATION FOR GOOD FORESTRY PRACTICES PERMIT PURSUANT TO WOODLANDS CONSERVATION BY-LAW NO. -2015 Completed Application must be received by the By-law Officer at least 20 business days prior to the commencement of the harvest, destruction or injury of trees, together with a cheque made payable to the Corporation of the County of Oxford in the amount as indicated in Schedule “A”, as amended from time to time. All sections must be filled out completely, to the satisfaction of the Woodlands By-law Officer. Please submit the completed application to the Woodlands By-law Officer, P.O. Box 1614, 21 Reeve Street, Woodstock, ON N4S 7Y3. The By-law Officer can also be contacted at 519 539 9800, ext 3132 or by e-mail at woodlandsd@oxfordcounty.ca. PLEASE PRINT CLEARLY Silvicultural Prescription Information All applications for Good Forestry Practices Permits must be accompanied by a forest operations silvicultural prescription prepared and/or approved by a Qualified OPFA Member which includes the following information, in accordance with approved practices of the Ontario Professional Foresters Association, as amended from time to time. A silvicultural prescription will generally include the following information: Site and Stand Conditions: ▪ tree species composition by percentage ▪ regeneration status ▪ quality of stand, including health (disease/insects) ▪ limitations ▪ stand history, including any previous silviculture operations ▪ sensitive or special features ▪ date of inventory ▪ acreage of the woodland ▪ current stocking, stand structure or basal area distribution Habitat, Biodiversity and Recreation Consideration Short and Long Term Objectives A record of Discussions with the Landowner and Signature of the Landowner Tree Marking Direction ▪ residual basal area or stocking ▪ directions for improvement of health, quality, species diversity, stand structure and/or size class distribution ▪ silviculture system to use for marking Estimated Time of Next Silviculture Intervention Map of Site and Stands to Harvest The map must be legible and include property boundaries, abutting roads, preferred entry points for inspection, location of buildings and structures on the property, forested areas and proposed harvest areas, logging access, drains, watercourses, power lines and other features and a north indicator. Property Owner: ______________________________________________________________________ Address: __________________________________________ Postal Code: __________ Phone: Residence ___________ Business __________________ Fax ______________________ E-mail: ________________________ Woodland location: Lot _______ Con. _________ Former Township: __________________ ____________________________________________________________________________________ 77 TREE HARVEST SUMMARY (A legible tally sheet can be substituted and attached) PRESCRIPTION INFORMATION Prescription prepared by: Tree Species No. Name: ______________________________________________ Mailing Address: ______________________________________ Telephone #: ________________________________________ Qualifications: ________________________________________ Date Prescription Prepared: _____________________________  Check if area has been inspected since tree marking TREE MARKER INFORMATION: Trees Marked By: _____________________________________ Mailing Address: ______________________________________ Telephone #: ________________________________________ Qualifications: ________________________________________ Paint Colour: _____________ Date Marked: _____________ Total Trees All trees to be harvested shall be marked with paint above DBH on opposite sides of the tree. The mark shall be at least 8 centimeters (4 in.) in diameter for hardwood sawlogs/conifer poles or sawlogs and a slash 20 centimeters (8 in.) long for fuelwood/conifer logs/pulp. A similar mark shall be placed at the base of the tree below the saw line and extending to the ground. All trees shall be marked facing the same direction, unless the terrain requires a change in direction, in which case the marking will proceed consistently with the terrain. VOLUME ESTIMATE: ___________________ Indicate F.B.M. or M3 Harvest Area: ___________________ Indicate Acres or Hectares CONTRACTOR INFORMATION: (if different from above) ___________________________________ Surname: ___________________________________________ Given Name: ________________________________________ Mailing Address: ______________________________________ Postal: __________________ Telephone #: _____________ Person in charge of Harvesting of Trees: ___________________________________________________ Estimated Starting Date: _______________________________ The Person in Charge of the Harvesting of Trees is required to provide 24 hours notice (prior to the start of the harvest date) to the By-law Officer by e-mail (woodlands@oxfordcounty.ca) or fax (519 421 4711) DESCRIPTION OF AREA Indicate Map must be legible and include: NORTH  Preferred entry points for inspection  Location/name of surrounding roads  Location of buildings on property  Forested areas and harvest areas  Log landing(s)  Power lines and Municipal ditches ____________________________________________________ It is requested that if loggers are working near or adjacent to power lines that they contact the local Hydro Utility Company for assistance to prevent an accident and any damage that may occur to hydro lines and equipment due to a logging accident Please indicate if the property is enrolled in: Conservation Land Tax Incentive Program □ Managed Forest Tax Incentive Program □ 78 BASAL AREA – DISTRIBUTION OF CUT Prism Tally: _____ m2/ha Basal Area Factor: Tree Size Actual BA (m2/ha) BA to Cut (m2/ha) Actual Residual BA (m2/ha) IDEAL (cm) AGS UGS TOTAL AGS UGS TOTAL AGS UGS TOTAL BA 10-24 5 26-36 5 38-48 4 50-60 4 62+ 2 TOTAL 20 NOTE: The Basal Area sample points used to develop this prescription must be clearly marked with the closest tree (>24cm DBH) to the centre of the sample point encircled with the paint at DBH If the landowner is selling standing timber to a logger for harvesting has: YES NO a contract been signed between landowner and contractor? the contractor provided proof of WSIB coverage for employees/liability insurance coverage? the contractor provided proof of cutter/skidder certification for all employees and themselves? the main skid trails been delineated? (If NO, refer to By-Law requirements) Have arrangements been made to harvest the fuelwood from tree tops? (If No, refer to By-Law requirements) I agree that operations will be in accordance with the provisions of the County of Oxford Woodlands Conservation By-Law and that I am familiar with the contents and requirements of this By-Law and acknowledge having received a copy thereof. I further agree that any tree harvested will be in accordance with Good Forestry Practice. Further, I agree to contact the By-Law Officer (in person at the County Administration Building , 21 Reeve Street, Woodstock; fax: 421 4711; or e-mail woodlands@oxfordcounty.ca) 24 hours prior to commencing the harvesting of trees. Signature of Prescription Writer Date Signature of Tree Marker (if applicable) Date Signature of Landowner Date Signature of Contractor (if applicable) Date Please circle the appropriate response: The OPFA member was employed by: Landowner Contractor Other The Tree Marker was employed by: Landowner Contractor Other Will the OPFA member or Tree Marker be monitoring the harvest for contract compliance Yes No I UNDERSTAND THAT UNDER THE AUTHORITY OF THIS BY-LAW AND THE MUNICIPAL ACT, R.S.O. 2001, C.25, AN APPOINTED OFFICER CAN ENTER THE DESCRIBED PROPERTY FOR THE PURPOSES OF UNDERTAKING AN INSPECTION. FURTHER, I UNDERSTAND THAT IF THE WOODLANDS WILL NOT BE HARVESTED WITHIN 24 MONTHS FROM THE RECEIPT OF THIS NOTICE OF INTENT, THE NOTICE OF INTENT WILL BE VOIDED. THE LANDOWNER, BY SIGNING THIS APPLICATION FOR GOOD FORESTRY PRACTICES PERMT, ACKNOWLEDGES AND AGREES TO ALL TERMS AND CONDITIONS OF WOODLANDS CONSERVATION BY- LAW -2015. 79 SCHEDULE “C” APPLICATION FOR MINOR EXEMPTION Completed Application, including the application fee, must be received by the By-law Officer at least 30 business days prior to the commencement of the harvest, destruction or injury of trees. All sections must be filled out completely, to the satisfaction of the Woodlands By-law Officer. Payment may be made by cash, cheque or credit card. Cheques should be made payable to the Corporation of the County of Oxford in the amount as indicated in Schedule “A”, as amended from time to time. All sections must be filled out completely, to the satisfaction of the Woodlands By-law Officer. Please submit the completed application to the Woodlands By-law Officer, P.O. Box 1614, 21 Reeve Street, Woodstock, ON N4S 7Y3. The By-law Officer can also be contacted at 519 539 9800, ext 3132 or by e-mail at woodlands@oxfordcounty.ca. PLEASE PRINT CLEARLY Name(s) of Registered Owner:___________________________________________________ Address: ____________________________________________ Postal Code: ___________ Telephone: Home: _________ Business: _____________ Fax: _________________ E-Mail: _________________________________ Applicant (if other than the registered owner: Address:______________________________ Postal Code: ___________ Telephone: Home: ________ Business: _______________ Fax: _________________ E-Mail: _________________________________ If purchased within the last three years, please provide name and address of former owner and the date property was purchased. ____________________________________________________________________________ ____________________________________________________________________________ Reason for Removal of Trees This application for Minor Exemption Permit is requested for the following reason (please circle the appropriate reason): i) The harvest or destruction of trees along the immediate perimeter of a productive agricultural field ii) The harvest or destruction of trees necessary to facilitate the installation, maintenance or repair of open or closed private drainage works iii) The pruning or trimming of trees required to facilitate the efficient passage of agricultural equipment Please provide a description of the proposed works in the space provided or attach a separate sheet. 80 Please provide a sketch or drawing of the subject lands, illustrating the subject property, the extent of the woodlands and the area from which trees will be removed. Upon approval of this application, an onsite inspection will be made and the perimeter of the forest cover which will remain will be marked by paint or other means that clearly indicates the extent of the approved Minor Exemption Permit area. I agree that operations will be in accordance with the provisions of the County of Oxford Woodlands Conservation By-Law and that I am familiar with the contents and requirements of this By-Law and acknowledge having received a copy thereof. I further agree that any tree harvested will be in accordance with Good Forestry Practice. Further, I agree to contact the By-Law Officer (fax: 519 421 4711 or e-mail woodlands@oxfordcounty.ca) 24 hours prior to commencing the harvesting of trees. In the event of a mail disruption this form may be delivered to any area municipality office. ___________________________________________________________________________ Personal information on this form is collected under the authority of the Municipal Act. Pursuant to the Municipal Freedom of Information and Protection of Privacy Act, questions about the collection of personal information should be directed to the County Clerk. ____________________________________________________________________________ Owner Date 81 SCHEDULE “D” APPLICATION FOR COMMITTEE EXEMPTION Completed Application, including the application fee, must be received by the By-law Officer at least 90 business days prior to the commencement of the harvest, destruction or injury of trees. All sections must be filled out completely, to the satisfaction of the Woodlands By-law Officer. Payment may be made by cash, cheque or credit card. Cheques should be made payable to the Corporation of the County of Oxford in the amount as indicated in Schedule “A”, as amended from time to time. All sections must be filled out completely, to the satisfaction of the Woodlands By-law Officer. Please submit the completed application to the Woodlands By-law Officer, P.O. Box 1614, 21 Reeve Street, Woodstock, ON N4S 7Y3. The By-law Officer can also be contacted at 519 539 9800, ext 3132 or by e-mail at woodlands@oxfordcounty.ca. PLEASE PRINT CLEARLY Name(s) of Registered Owner__________________________________________________________ Address: ____________________________________________ Postal Code: ___________ Telephone: Home: _________ Business: ________________ Fax: ___________________ E-Mail: _________________________________ Applicant (if other than the registered owner)NEED TO INCLUDE SIMILAR TO SCHED “C” Location of Trees Affected/Ownership Municipality: __________________________ Assessment Roll #: _____________________ Lot: ____________ Concession: ___________ 911 Address: ______________________ Is the property owned by the applicant? ______ YES ______ NO (if NO, authorizing letter must be attached) If purchased within the last three years, state name and address of former owner and the date property was purchased. ____________________________________________________________________________ ____________________________________________________________________________ Property/Forest Description This application is requesting a Permit to remove the following: (please indicate) Total area: _______________ Hectares: ________________ Acres: __________________ Total Woodland size on property: Hectares: ______________ Acres: ________________ Tree species to be destroyed on the described land: ____________________________________________________________________________ ____________________________________________________________________________ This Exemption is requested for the following reasons, including description of end use after trees have been destroyed: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Is the applicant willing to offset the destruction of trees on the subject property through replanting trees on the said property? ______ YES ______ NO 82 If the applicant cannot replant in lieu of destruction is the applicant willing to make payment in lieu of destruction? ______ YES ______ NO ___________________________________________________________________________ Personal information on this form is collected under the authority of the Municipal Act. Pursuant to the Municipal Freedom of Information and Protection of Privacy Act, questions about the collection of personal information should be directed to the County Clerk. ____________________________________________________________________________ Owner Date Applicant Date 83 SCHEDULE “E” PUBLIC NOTICE WOODLANDS CONSERVATION BY-LAW This posted notice does not imply unrestricted access. Interested parties must receive permission to enter these forested lands from the landowner. An APPLICATION FOR AN EXEMPTION TO WOODLANDS CONSERVATION BY-LAW NO. HAS BEEN RECEIVED BY COUNCIL AFFECTING THESE FORESTED LANDS. Municipality: __________________________ Assessment Roll #: _____________________ Lot: ____________ Concession: ___________ 911 Address: ______________________ Landowner: _____________________ THE APPLICATION SUBMITTED REQUESTS THE CLEARING OF ______ HECTARES OF FORESTED LAND. Deadline for Written Comments: COMMENTS CAN BE SUBMITTED TO THE ADDRESS LISTED BELOW: Community and Strategic Planning Office County of Oxford, P. O. Box 1614, 21 Reeve Street Woodstock, ON N4S 7Y3 This Notice is posted under the authority of the County of Oxford Woodlands Conservation By-Law No. This Notice is to remain posted no less than ten (10) business days prior to the consideration of this application. FURTHER INFORMATION OR WRITTEN NOTICE IS AVAILABLE FROM County of Oxford By-law Officer 539-9800 Ext. 3132 or e-mail woodlands@oxfordcounty.ca 84 SCHEDULE “F” ORDER TO DISCONTINUE ACTIVITY YOU ARE HEREBY DIRECTED AND ORDERED TO forthwith stop, halt, cease and desist from any and all works associated with the destruction of trees or removal thereof from those lands comprising; MUNICIPAL ADDRESS/LEGAL DESCRIPTION OF THE PROPERTY: _____________________________________________________________________ LOT: ____________ CONCESSION: _________ MUNICIPALITY: ________ OWNER/INDIVIDUAL RESPONSIBLE FOR DESTRUCTION OR INJURY OF TREES: ______________________________________________________________________ DESCRIPTION OF INFRACTION: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Date of Inspection: ____________________ Effective Order Date: ____________________ To: ___________________________ Signature of Officer: _____________________ Date: __________________________ ______________________________________________________________________ Pursuant to Woodlands Conservation By-Law , Section ?8, subsection (?e), Where the person to whom the Order is directed has been served in accordance with this By-Law is not satisfied with the terms of the Order, the person may appeal to the Council by filing Notice of Appeal by personal service or certified mail to the County Clerk within 30 days after the date of Order. 85 SCHEDULE “G” BASAL AREA CALCULATION AND ASSESSMENT 1. Point Sampling is defined as a method of selecting trees for measurement and for estimating stand basal area using tree size rather than frequency as the main parameter. Trees are tallied at a sample location or point sample, with the selection probability being proportional to the basal area of the trees. In point sampling, a 360- degree sweep is made with an angle gauge about a fixed point, and the stems whole breast height diameter appear larger than the fixed angle subtended by the angle gauge are included in the sample. Point samples will be taken using a factor 2 prism. 2. Basal Area will be assessed every 30 metres along a fixed compass bearing through a forest stand in which harvesting has occurred. The first point sample will be placed 60 metres from the dripline of the woodland. No less than 3 point samples will be taken along a compass bearing through a forest stand. If the average basal area/hectare is found to be below the requirements of the by-law, then a second compass line will be established from the mid-point of the 1st compass line and will run in a direction 90o from the compass bearing from the 1st line. See sample illustration below: Line #1 Line #2 3. Where the width of the woodland does not alow the 30 metre fixed compass bearing, one line will be established along a fixed compass bearing down the centre of the woodland. The following format will be used in calculating average basal area per hectare: Stations Tallied 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Plot # Small 26-40 cm Medium 42-48 cm Large 50-60 cm X-Large 62+ cm Total All Sizes Total ** AGS UGS AGS UGS AGS UGS AGS UGS AGS UGS # of trees ** Total Trees (____) x Basal Area Factor (____) = (____) Actual BA/Ha # of Stations (____) Basal Area Calculation and Assessment To assess tree infractions, a minimum of 1 plot per hectare will be established for areas up to 10 hectares (25 acres), and 1 plot for every additional 5 hectares (12 acres). Plots will be placed 80 meters (262 ft.) apart and 40 meters (131 ft.) from stand edges. In cases where the maximum DBH encountered is less than 60cm. The plot distance may be 60 meters (197ft.) and 30 meters (98ft.) from the stand edges. In any case sampling is to be done by a method customarily used in forestry practice. 86 SCHEDULE “H” PERMIT Permission is hereby granted by the Council of the County of Oxford to harvest, destroy or injure trees under the supervision of the By-law Officer as outlined below: REFERENCE APPLICATION # ___________________________ ISSUED TO: _________________________________________ LOT: _______________ CONCESSION: ____________ MUNICIPALITY: ___________________________ DATE OF ISSUE: _____________________________________ DATE OF EXPIRY: ____________________________________ BY: OXFORD WOODLANDS BY-LAW COMMITTEE PER: _______________________ 87 SCHEDULE “I” NOTICE of TREE HARVEST DO NOT ENTER during harvesting for your own safety. This notice does not imply unrestricted access. Permission to enter these lands must be granted by the landowner. Contractor: ___________________________________________ Phone: ________________________________ Owner: ________________________________ Timber Harvest Date: _____________________ Timber Marked By: _______________________ Phone Number of Marker: _________________ This Notice is posted under the authority of the County of Oxford Woodlands Conservation By-Law No. . This Notice is to be posted prior to the commencement of harvest and remain posted no less than 10 days after completion of harvest. Failure to post and removal prior to this period is a chargeable offence. If you should have any questions or concerns regarding this timber harvest, please contact: County of Oxford By-law Officer at 519-539-9800 Ext. 3132 or via e-mail at woodlands@oxfordcounty.ca 88 TICKETABLE OFFENCES SHORT FORM WORDING Offences Creating Provision Set Fine, includes Court Costs Failing to notify the County of Oxford prior to the injuring or destruction of trees by the landowner or person acting on behalf of the landowner. Section $400.00 plus court costs Failure to erect a sign. Section $400.00 plus court costs Failure to give 24 hours notice. Section $400.00 plus court costs No person shall contravene the conditions of a Permit. Section 2 (d)ii $400.00 plus court costs Leave a top higher than 3.5 m (11.5 ft) from the ground that is not scheduled for removal for use of firewood. Section $400.00 plus court costs Attempt to obstruct an Officer. Section $400.00 plus court costs Harvest, destroy or injure a tree which results in any part thereof crossing a property boundary without the written permission of the adjoining landowner. Section $400.00 plus court costs Harvest, destroy or injure a tree which is on the property boundary without the written permission of the adjoining landowner. Section $400.00 plus court costs Operate a vehicle, equipment or machinery, or conduct their operations in a manner or at such time that results in the leaving of any part of a tree in a watercourse, including any trees that have not been cut, but have been pushed, knocked over or otherwise ended up in a watercourse. Section $400.00 plus court costs 89 From:John Preston To:Tricia Smith Subject:Delegation to Council Date:September-19-16 4:06:15 PM Good afternoon, Tricia The Community Transportation Steering Committee would like to make a delegation to Council on September 26th. I will forward the material as soon as possible. Thank you, John Magill Preston Community Transportation and T:GO Coordinator 519-842-9008, extension 257 JPreston@communitylivingtillsonburg.ca info@ridetgo.ca www.ridetgo.ca 90 Community Transportation Pilot Program T:GO CALL-N-RIDE Delegation to Council September 26, 2016 91 114 178 152 242 298 402 0 50 100 150 200 250 300 350 400 450 March 14 - 31 April 1 - 30 May 1 - 31 June 1 - 30 July 1 - 31 Aug 1 - 31 Total Rides Total Rides 59% 23% 35% 56% -15% 92 8 9 7 11 14 18 0 2 4 6 8 10 12 14 16 18 20 March April May June July August Average Daily Ridership 93 Other 6 2 20 23 20 Volunteer 5 11 Special Olympics 6 42 36 17 Day Care 1 0 0 0 Food Bank 1 1 4 4 3 Social Services 1 0 11 2 5 Education/Training 4 10 8 16 0 10 Shopping 1 9 12 22 81 80 Medical 1 2 3 19 6 5 Community Programs 16 5 10 10 19 30 Work 46 64 41 94 113 197 Total Trip Count - Purpose 94 Apr May Jun Jul Aug Cordinator Wages 4787 4971 3252 2920 3343 Coordinator Benefits 810 835 546 679 562 Software/Equip 312 312 312 312 312 Advertising/Outreach 218 Printed Material Events/Launch Van Lease 1000 1000 1000 1000 1000 Totals 7127 7118 5110 4911 5217 Driver Wage, Benefit 1845 1798 1964 2222 Gas 127 145 200 597 805 Insurance 58 58 58 58 58 Totals 185 2048 2056 2619 3085 Office Rental 500 500 500 500 500 Staff Support 1450 1450 1450 1450 1450 Website 500 Totals 2450 1950 1950 1950 1950 Pass, Cash Sales 470 256 649 458 1297 Sponsors/Other 225 226 Wage Subsidy 1457 1457 1458 Totals 470 1713 2331 2142 1297 Total Monthly Costs 9292 9403 6785 7338 8955 Average Monthly Expense 9945 Average Monthly Revenue 1591 Total Cost April 1 - August 31, 2016 41,773.00$ CTPPGrant (MTO)T:GO Program Operation In-Kind SupportRevenuesMonthly T:GO Operation 95 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 CTTP Grant (MTO) Total 5272 5322 5322 5322 5322 5322 5322 T:GO Program Operation 2928 3193 3193 3193 3193 3193 3193 In-Kind Support 1950 2100 1950 1950 1950 1950 1950 Revenue 6004 4937 5215 5308 3650 3650 3750 Total Monthly Costs 4146 5678 5250 5157 6815 6815 6715 Average Monthly Expense 10,441.00$ Average Monthly Revenue 4,645.00$ Apr 2016 - Mar 31, 2017 Projected Annual Expense 122,816.10$ Projected Annual Revenue 40,467.00$ Projected Annual Cost 82,349.10$ T:GO - Projected Monthly and Annual Cost 96 Ridership Stats March 14 - 31 April 1 - 30 May 1 - 31 June 1 - 30 July 1 - 31 Aug 1 - 31 Total Rides 114 178 152 242 298 402 56%-15%59%23%35% Total Riders 26 19 23 37 39 56 Total Subscription Passengers:7 8 9 9 14 19 Total Non-Subscription Passengers:19 11 14 28 26 36 Average Daily Ridership March April May June July August 8 9 7 11 14 18 Purpose - Registered Riders: Work 6 8 4 4 7 19 Community Programs 16 1 2 2 5 3 Medical 1 1 2 8 3 3 Shopping 1 7 8 7 9 18 Education/Training 1 2 3 3 0 2 Social Services 2 0 6 2 4 Food Bank 1 2 2 2 Day Care 1 0 0 0 Special Olympics 5 6 5 5 Volunteer 2 2 Other 1 1 3 13 5 7 Purpose - Total Trip Count Work 46 64 41 94 113 197 Community Programs 16 5 10 10 19 30 Medical 1 2 3 19 6 5 Shopping 1 9 12 22 81 80 Education/Training 4 10 8 16 0 10 Social Services 1 0 11 2 5 Food Bank 1 1 4 4 3 Day Care 1 0 0 0 Special Olympics 6 42 36 17 Volunteer 5 11 Other 6 2 20 23 20 97 Spending to Date Provincial Portion Recipient Portion Other Sources (Identify Source) 73,500 53,058 53,058 73,500 20,442 5,950 2,806 2,806 5,950 3,144 5,000 2,660 2,660 5,000 2,340 450 - 450 450 1,600 827 827 1,600 773 13,500 5,625 5,625 13,500 7,875 171 100,000 64,976 64,976 - 171 100,000 35,024 Interest earned on Total Professional & Project not yet completed. More expenses to come at a Equipment, Supplies Public Outreach and Public Outreach and Event-Related Other - Accessible Town of Tillsonburg Item & Description Initial Cost Spending to Date Revised Project Cost Variance (Initial Cost less Spending to Date) Explanation 98 TRANSIT GRANT BUDGET 2015/2016 Total Town Support July Aug.Sept.Oct.Nov.Dec.Jan Feb Ma.Apr.May June July Aug.Sept.Oct.Nov.Dec.Total Budget Balance Cordinator Wages 1755 3272 3006 4637 3186 3548 3296 4326 4787 4971 3252 2920 3343 46299 63900 17601 Coordinator Benefits 295 550 699 649 535 523 554 731 810 835 546 679 562 7968 9600 1632 Software/Equip 312 312 312 312 312 312 312 312 312 312 3120 5950 2830 Advertising/Outreach 1272 218 1490 5000 3510 Printed Material 31 31 450 419 Events/Launch 515 515 1600 1085 Van Rental 1000 1000 1000 1000 1000 5000 13500 8500 Totals 1272 2081 3822 3705 5598 4033 4383 4162 5884 7127 7118 5110 4911 5217 0 0 0 0 64423 100000 35577 99 Apr May Jun Jul Aug Cordinator Wages 4787 4971 3252 2920 3343 Coordinator Benefits 810 835 546 679 562 Software/Equip 312 312 312 312 312 Advertising/Outreach 218 Printed Material Events/Launch Van Lease 1000 1000 1000 1000 1000 Totals 7127 7118 5110 4911 5217 Driver Wage, Benefit 1845 1798 1964 2222 Gas 127 145 200 597 805 Insurance 58 58 58 58 58 Totals 185 2048 2056 2619 3085 Office Rental 500 500 500 500 500 Staff Support 1450 1450 1450 1450 1450 Website 500 Totals 2450 1950 1950 1950 1950 Pass, Cash Sales 470 256 649 458 1297 Sponsors/Other 225 226 Wage Subsidy 1457 1457 1458 Totals 470 1713 2331 2142 1297 Total Monthly Costs 9292 9403 6785 7338 8955 Average Monthly Expense 9945 Average Monthly Revenue 1591 Total Cost April 1 - August 31, 2016 41,773.00$ CTPPGrant (MTO)T:GO Program Operation CostsIn-Kind SupportRevenuesMonthly T:GO Operation 100 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 CTTP Grant (MTO) Total 5272 5322 5322 5322 5322 5322 5322 T:GO Program Operation 2928 3193 3193 3193 3193 3193 3193 In-Kind Support 1950 2100 1950 1950 1950 1950 1950 Revenue 6004 4937 5215 5308 3650 3650 3750 Total Monthly Costs 4146 5678 5250 5157 6815 6815 6715 Average Monthly Expense 10,441.00$ Average Monthly Revenue 4,645.00$ Apr 2016 - Mar 31, 2017 Projected Annual Expense 122,816.10$ Projected Annual Revenue 40,467.00$ Projected Annual Cost 82,349.10$ T:GO - Projected Monthly and Annual Cost 101 102 Report Title Favourite Son/Daughter Award Report No. SAC 16-03 Author Ann Loker – Chair, Special Awards Committee Meeting Type Council Meeting Council Date September 26, 2016 Attachments None RECOMMENDATION THAT Council endorses the recommendation of the Special Awards Committee regarding the Favourite Son/Daughter Nomination; AND THAT staff be authorized to organize an event to recognize Dennis Fairall as a Tillsonburg Favourite Son. EXECUTIVE SUMMARY At the August 23, 2016 meeting of the Special Awards Committee, the Committee endorsed the recommendations regarding a nomination of Dennis Fairall for the Tillsonburg Favourite Son/Daughter Award. The Committee discussed the nomination in Closed Session, and passed the following resolution in Open Session. “THAT the Tillsonburg Special Awards Committee recommends to Town Council the awarding of the Town of Tillsonburg Favourite Son/Daughter Award as discussed in Closed Session this date.” BACKGROUND At the April 25, 2016 Council Meeting, Council adopted the Criteria for the Town of Tillsonburg Favourite Son/Daughter Award, as recommended by the Special Awards Committee. (Item 14.2 of the Council Minutes, Resolution #32) Since that time, the subject nomination was received and reviewed by the Special Awards Committee. Council endorsed the nomination of Dennis Fairall at their In Camera Council meeting of September 12, 2016. Staff has now confirmed with the nominee that he will accept the award. An event will be planned to recognize the award recipient as soon as it can be organized. Page 1 / 2 SAC 16-03 103 FINANCIAL IMPACT/FUNDING SOURCE An event will be planned to recognize the recipient of the Favourite Son/Daughter Award. Funds will be used from Council’s special event budget. Page 2 / 2 CAO 104 Report No: CASPO 2016-233 COMMUNITY AND STRATEGIC PLANNING Council Date: September 26, 2016 To: Mayor and Members of Tillsonburg Council From: Rebecca Smith, Development Planner, Community and Strategic Planning Application for Zone Change (Removal of Holding Provision) ZN 7-16-06 – Victoria Wood (Tillsonburg) GP Inc. REPORT HIGHLIGHTS • The application for zone change proposes to remove the holding provision from a lot located within Phase 1 of Victoria Wood. The purpose of the holding provision is to ensure adequate water and wastewater capacity is available prior to the construction of a dwelling on the property. • The County Public Works Department has confirmed that adequate servicing is available and the appropriate development agreements have been signed. Removal of the holding provision will allow for the issuance of a building permit. • Planning staff are recommending approval of the application, as sufficient water and wastewater capacity is available for the development. DISCUSSION Background OWNER: Victoria Wood (Tillsonburg) GP Inc. 145 Adelaide Street West, Toronto ON, M5H 4E5 APPLICANT: Black, Shoemaker, Robinson & Donaldson Ltd. 351 Speedvale Avenue, Guelph ON, N1H 1C6 LOCATION: The subject property is legally described as Lot 51, Plan 41M-241, Town of Tillsonburg. The property is located on the northwest corner of Dereham Drive and Lowrie Crescent and is municipally known as 61 Dereham Drive. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 1 of 4 105 Report No: CASPO 2016-233 COMMUNITY AND STRATEGIC PLANNING Council Date: September 26, 2016 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Holding Zone (R1A)(H) Proposed Zoning: Low Density Residential Type 1 Zone (R1A) PROPOSAL: The purpose of the Application for Zone Change is to remove the holding provision that currently applies to the subject property to permit the construction of a single detached dwelling. The purpose of the holding provision is to ensure adequate water and wastewater capacity is available to serve development on the lot. The subject property is located within Phase 1 of the Victoria Wood subdivision. Appropriate development agreements have been signed and the County Public Works Department has indicated that adequate servicing is in place to serve the proposed single detached dwelling. Surrounding land uses predominately consist of low density residential uses, with vacant residential lands to the north and an existing stormwater management pond to the south. Plate 1, Existing Zoning and Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, Aerial Map (2015) with Existing Zoning, provides an aerial view of the subject property and surrounding area. Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 of the PPS directs that healthy liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term, accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs and avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.3.1 also states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Page 2 of 4 106 Report No: CASPO 2016-233 COMMUNITY AND STRATEGIC PLANNING Council Date: September 26, 2016 OFFICIAL PLAN: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses are primarily low density housing forms including single detached dwellings, duplexes and street fronting town houses and accessory uses. The use of the lands for single detached dwellings and accessory uses thereto conforms to the ‘Low Density Residential’ policies of the Official Plan. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Low Density Residential Type 1 Holding Zone (R1A)(H)’, according to the Town of Tillsonburg Zoning By-law. Section 36 of the Planning Act governs the use of Holding Provisions. Holding provisions are typically used to ensure that technical or administrative matters are addressed prior to the intended use of a property being permitted. Removal of holding provisions does not require public notice or circulation of the application, and the only right to appeal lies with the applicant. In this case, a holding provision was applied to ensure adequate water and wastewater capacity is available prior to the construction of a single detached dwelling on the property. The applicant proposes to remove the holding provision to allow the lands to be used for residential purposes. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Oxford County Public Works Department indicated that they have no objection to the request, as there is adequate water and wastewater treatment capacity to service the proposed single detached dwelling. The Town Building Services Department and Town Engineering Services Department indicated that they have no concerns with the request to remove the holding provision from the property. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the County Official Plan and can therefore be supported from a planning perspective. Oxford County Public Works Department have confirmed that there is sufficient water and wastewater capacity available to service the proposed development and the Town Engineering Department has indicated that they have no objection to the removal of the holding provision as the appropriate development agreements and approvals are in place. It is Planning staff’s opinion that the request to remove the holding provision within Phase 1 of Victoria Wood to permit the construction of a single detached dwelling on the property is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. Page 3 of 4 107 Report No: CASPO 2016-233 COMMUNITY AND STRATEGIC PLANNING Council Date: September 26, 2016 RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Victoria Wood (Tillsonburg) GP Inc., whereby the lands described as Lot 51, Plan 41M-241, Town of Tillsonburg, are to be rezoned from ‘Low Density Residential Type 1 Holding Zone (R1A)(H)’ to ‘Low Density Residential Type 1 Zone (R1A)’. SIGNATURES Authored by: Rebecca Smith, Development Planner Approved for submission: Eric Gilbert, MCIP RPP, Senior Planner Page 4 of 4 108 September 12, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 2560 Notes NAD_1983_UTM_Zone_17N 128 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) 109 September 12, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 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) 110 Site Photo ZN 7-16-06 – Victoria Wood View of Subject Property (looking west from Lowrie Crescent) View of Subject Property (looking north from Dereham Drive) 111 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4040 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A’ the zone symbol of the lands so designated ‘R1A’ on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 26th day of September, 2016. READ a third time and finally passed this 26th day of September, 2016. Mayor Clerk 112 L O T 1 R = 1 7 6 . 6 1 A= 8 . 9 1 N78°17'40"E12.48 R=8.00A=14.13N78°17'40"E 19.82 R = 4 9.4 3 A= 2 3 . 5 7 N11°42'20"W 37.84L O T 5 1 R E G I S T E R E D P L A N 4 1 M - 2 4 1 SANDERS CRESDEREHAM DR L O WR I E C R E SLOT 51, REGISTERED PLAN 41M-241 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1A NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE 26th DAY OF SEPTEMBER, 2016 SCHEDULE "A" TO BY-LAW No. 4040 © 5 0 5 10 152.5 METRES 4040 113 ZN 7-16-06 TOWN OF TILLSONBURG BY-LAW NUMBER 4040 EXPLANATORY NOTE The purpose of By-Law Number 4040 is to rezone the subject property from ‘Low Density Residential Type 1 Holding Zone (R1A)(H)’ to ‘Low Density Residential Type 1 Zone (R1A)’ to remove the holding provision that applies to the property. The subject property is legally described as Lot 51, Plan 41M-241, Town of Tillsonburg. The property is located within Phase 1 of the Victoria Wood subdivision. As development agreements have been signed and all requirements of the Town and County have been satisfied, it is now appropriate to remove the holding provision and permit residential development on the subject property. The Municipal Council approved By-Law Number 4040 at the regular meeting on September 26th, 2016. Any person wishing further information relative to Zoning By-Law Number 4040 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-06 [Victoria Wood (Tillsonburg) GP Inc.] Report No: 2016-233 114 WESTON DRCHARLOTTE AVEHOGARTH DR ESSELTINE DR WILSON AVE SANDERS CR E S MCDON A L D CRTQUARTER TOWN LINECLARENCE ST DEREH A M D R ARMSTRONG DR JANE ST TRA I L V IE WDR D ENRICHAVEV I CT ORI AWA Y PARKDALE AVE BRASHERDR SINCLAIR D RLOWRIECRESHURLEY AVEKAMPSCRESKEY MAP LANDS TO WHICH BYLAW 4040 APPLIES © 50 0 50 100 15025 METRES 115 Report No: CASPO 2016-237 COMMUNITY AND STRATEGIC PLANNING Council Date: September 26, 2016 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Planning Services Summary- 1st & 2nd Quarter, 2016 REPORT HIGHLIGHTS • This report will provide a summary of planning applications processed during January-June 2016, and upcoming planning initiatives. • In the first half of 2016, Community and Strategic Planning staff processed a number of minor variances, zone change applications, Official Plan amendments, draft plan of subdivision approval extensions, and site plan applications. DISCUSSION APPLICATION VOLUMES: Historically, planning application volumes have been lower during the first 3-4 months of the year, when building and development activity is slower. Based on historic development trends and planning applications, the busiest time period for applications and development inquiries is typically April-September of each year. Applications received and processed up to June 30, 2016 are included in the table below: Minor Variance Zone Change Site Plan Application Draft Approved Plan of Subdivision Extension Official Plan Amendment Severance January 1 1 2 1 2 2 February 1 1 March 1 1 April May 3 1 2 June 2 2 1 Total: 7 3 8 2 2 2 In addition to the planning applications listed above, planning staff have also drafted and circulated a number of subdivision agreements and site plan agreements, and provided pre-consultation services at the Customer Service Centre. Page 1 of 2 116 Report No: CASPO 2016-237 COMMUNITY AND STRATEGIC PLANNING Council Date: September 26, 2016 EMERGING PLANNING INITIATIVES Planning staff have participated in a number of provincial consultation exercises respecting proposed changes to the Planning Act, Development Charges Act, Greenbelt Act, and Places to Grow Act. Although the Greenbelt Act and Places to Grow Act are not currently applicable to the Town or County, the broader themes and initiatives that emerge from this review can often be included in future reviews of the Provincial Policy Statement. Implementation of the required changes to Town and County planning processes required by the Smart Growth for Our Communities Act is ongoing. Planning staff are finalizing changes to the Town’s Community Improvement Program, which is expected to be presented to Council in October. Circulation and review of the site plan for the proposed development at 253 Broadway is ongoing. The commenting period for the revised Official Plan policies for Servicing Connections and Extensions ends in late September, and CASPO staff will be reviewing the comments received and preparing a subsequent report for County Council respecting potential options going forward. CASPO staff have been monitoring potential changes to Norfolk County’s Official Plan. Through Norfolk County’s five year Official Plan review, a number of changes to the Official Plan policies respecting the Norfolk Mall site have been proposed in their Commercial Policy Review report. An Issues and Options report is expected to be prepared in October, and CASPO staff have been meeting with Norfolk County staff and monitoring the proposed changes very carefully. A report will be forthcoming to Town and County Councils summarizing the proposed changes, and to provide comments to Norfolk County on any proposed modifications. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg receive CASPO Report 2016-237, Planning Services Summary 1st & 2nd Quarter, 2016, as information. SIGNATURES Authored by: Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: Gordon K. Hough, RPP, Director Page 2 of 2 117 Report Title Shared Court Security Funding Model Report No. CA0 16-11 Author David Calder, CAO Meeting Type Council Meeting Council Date September 26, 2016 Attachments •OXFORD COUNTY REPORT NO. CS 2016-23 SHARED SECURITY FUNDING MODEL •OXFORD COUNTY REPORT NO. 2015-45 COURT SECURITY FUNDING REQUEST – WOODSTOCK POLICE SERVICES RECOMMENDATION THAT Council receive report CAO 16-11 Shared Court Security Funding Model, for information; AND THAT report CAO 16-11 Shared Court Security Funding Model be provided to Oxford County Council as the Town of TIllsonburg’s response to Oxford County Report No. CS 2016- 23. EXECUTIVE SUMMARY The purpose of this report is to provide information to Council regarding the following recommendation adopted by Oxford County Council at its meeting of August 10, 2016. “That County Council authorize staff to circulate Report No. CS 2016-23, titled Shared Court Security Funding Model, to the Area Municipalities and the Woodstock Police Services Board for review and comment, to be received on or before September 30, 2016.” A copy of Oxford County report CS 2016-23, Shared Court Security Funding Model is attached. BACKGROUND In 2015, a delegation from the Woodstock Police Services Board presented to County Council a request for funding to assist with their increasing court security and prisoner transportation costs relative to the Oxford County Provincial Courthouse located at 415 Hunter Street, Woodstock. County staff, in November of 2015 subsequently prepared Report No. CS 2015-45 (copy attached) and passed the following resolution at their meeting of November 25, 2015: “That County Council, in response to the Woodstock Police Services Board’s request for funding court security and prisoner transportation costs, commits to collaborating with all Area Page 1 / 3 118 Municipalities within the County in determining a course of action that will be in the best interest of all of Oxford County.” Staff can confirm that there has been no collaboration with the Town of Tillsonburg and the most recent report from Oxford County is the first time Town input has been requested. The Town had no input into the contents of the most recent County report dated August 10, 2016. Based on the County report, County Council wanted to “formulate a proposed course of action regarding a fair and equitable funding model for court security and prisoner transportation costs related to the Oxford County Provincial Courthouse”. As a result, the County report takes an “approach that allocates net CSPT costs incurred by all municipalities on the County levy in the same manner as other County services…” By taking this approach, there would be “a shift in property tax from Woodstock taxpayers in the amount of approximately $178,000 to the remaining area municipalities – resulting in an average increase of approximately $26,000.” For the Town of Tillsonburg, this would be an increase of approximately $37,000. Currently the Town of Tillsonburg budgets for Court Security and Prisoner Transportation (CSPT) costs through the OPP contract which totalled $17,418 in 2015. This expense was partially offset from a grant from the Ministry of Community Safety and Correctional Services in the amount of $6,718 for a total net impact to the local levy in 2015 of $10,700. In the proposal as provided by Oxford County, the County will budget for CSPT costs for all municipalities. Under this method, the net CSPT costs on the County levy will be $362,665. It is assumed that these funds would then be transferred to the Woodstock Police Services Board to fund CSPT. It is staff’s understanding that the Town would still budget for OPP contract CSPT expenses, however, the offset to revenue will be from the County rather than from the Ministry. The Town would fully recover the costs resulting in a net Town of Tillsonburg levy impact of $0. The issue is that even though the Town will see a savings through the Town levy, taxpayers will be paying more ($37,000) for CSPT costs through the County levy. As stated in the County report, the proposed distribution is similar to other services the County provides to the area municipalities. Staff suggest there is a difference in CSPT services over other County services in that it is currently the Woodstock Police Services Board that sets the service level and not the County. Therefore, the County nor the area municipalities have any say in the cost of the Woodstock Police Services Board providing CSPT. Based on the contents of the County report, in the future, the Woodstock Chief of Police could establish a local court security committee to assist in developing a court security plan. The problem is this plan could be developed with little to no accountability to County Council or the area municipalities. The proposal as contained in the County report is basically a proposal to share expenses with the Woodstock Police Services Board for the provision of CSPT. Conversely, there are revenue programs that are not shared with all area municipalities which might help offset increased CSPT costs. For example, there are revenues raised through the payment of fines through the Provincial Offences Act (POA). It would seem that POA revenues would be an appropriate source of funding towards court security as fines are generated by both the OPP and WPS. Page 2 / 3 CAO 119 The current proposal is basically a method of subsidizing the provision of CSPT which under the Police Services Act is the responsibility of the Woodstock Police Services Board. The Act states; Municipalities with police forces 137. (1) A board that is responsible for providing police services for one or more municipalities has the following responsibilities, with respect to premises where court proceedings are conducted: 1.Ensuring the security of judges and of persons taking part in or attending proceedings. 2.During the hours when judges and members of the public are normally present, ensuring the security of the premises. 3.Ensuring the secure custody of persons in custody who are on or about the premises including persons taken into custodyat proceedings. 4.Determining appropriate levels of security for the purposes of paragraphs 1, 2 and 3. R.S.O. 1990, c. P.15, s. 137 (1);1997, c. 8, s. 41. Currently, the Police Services Act seems clear on the responsibility of the municipality in which the court proceedings are conducted. The benefit to the local economy which has the courthouse can be significant in terms of local employment and service to local residents. In addition, the Police Services Act is currently under review so it may be premature to make any decisions related to court security in advance of any possible revisions to the Act. Finally, there are four conclusions outlined on page seven of the County report. Staff are concerned about a number of the recommendations. Perhaps as the report identifies, prior to changing the funding model, the first course of action would be to encourage the Ministry of the Attorney General to ensure the courthouse is adequately fitted with security measures to protect those using the facility. As well, the report suggests new reporting criteria to the County by the area municipality in terms of budgets and reconciling year end actuals which is not currently required. Conversely, if the proposal was approved, consideration should be given to area municipality representation on the local court security committee. Staff is of the opinion that the current funding model should remain in place but would be supportive of efforts to advocate for increased funding for court security from the province and waiting for the completion of the Police Services Act review. COMMUNITY STRATEGIC PLAN IMPACT NA FINANCIAL IMPACT/FUNDING SOURCE No direct costs at this time. Page 3 / 3 CAO 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Addendum to September 26, 2016 Council Meeting Agenda Addendum September 26, 2016 Council Meeting Agenda Page 1 / 2 Addendum to September 26, 2016 Council Meeting Agenda 10.Reports from Departments 10.1 Chief Administrative Officer 10.1.2 Municipal Housing Facilities Agreement - Tillsonburg Properties for Community Living - 136 Concession Street Page 2 / 2 Report Title Complaints Policy Report No. CL 16-22 Author Donna Wilson Meeting Type Council Meeting Council Date September 26, 2016 Attachments •1-009 Complaints Policy RECOMMENDATION THAT Council receives report CL 16-22, Complaints Policy; AND THAT a By-Law to adopt the Complaints Policy is brought forward for Council consideration. EXECUTIVE SUMMARY The Town of Tillsonburg is committed to a consistent and uniform process to respond to complaints received from members of the public regarding programs, facilities, Town services, staff and/or operational procedures. This policy outlines the process to be followed for the handling of public complaints. The Town of Tillsonburg recognises the importance of public input and welcomes complaints as a valuable form of feedback. Such information helps to improve the quality and level of the services provided by the Town, as well as interaction between Town staff and the public. Anyone who uses or is affected by Town services can make a complaint. This includes: •Local & Area Residents •People who work in or visit the Town •Local businesses •Community groups & Organizations •Volunteers for the Town of Tillsonburg •Individuals/Businesses/Corporations hired by or are working in partnership with the Town All employees are to have knowledge and awareness of the Town’s requirement to receive complaints, the process through which a complaint can be made and the service standards that apply to complaints. Page 1 / 4 CL 16-22 Complaints policy 143 The formal complaint process does not include: • Feedback and compliments; • Inquiries; • Anonymous complaints. In these cases, the Complainant will be referred to the appropriate municipal department or government authority. These communications and requests shall be handled through other mechanisms and processes. A complaint may be submitted in regards to a municipal employee, a member of Council, a municipal by-law or policy infraction by an employee of the Town, and regarding municipal services and facilities. Complaints regarding the conduct of Closed Meetings are to be submitted to the Ontario Ombudsman’s Office. The forms and process are outlined on the Ombudsman’s website at: https://ombudsman.on.ca/Make-a-Complaint.aspx. Complaints can be submitted verbally, or in writing as follows: 1) In-person at the Town of Tillsonburg Customer Service Centre – 10 Lisgar Avenue; 2) On-line at www.tillsonburg.ca; 3) By E-mail to clerks@tillsonburg.ca; 4) By Fax to (519) 842-9431; 5) By Mail to the Town Clerk, 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7. Complaints shall contain details of what happened, where and when it happened, who was involved and what kind of resolution is the individual looking for as well as contact details of the complainant. Anonymous complaints or complaints lacking information may not be investigated as well as frivolous and vexatious complaints may not be investigated. All complaints shall be logged into the Towns Active Citizen Response (ACR) program for tracking purposes. Complainants shall receive an acknowledgement of receipt of their complaint within five (5) business days of the department receiving the completed complaint form. Service complaints requiring immediate attention shall be responded to in accordance with the issue as set out in ACR. A Final Response must be sent to the complainant within thirty (30) business days setting out a brief summary of the complaint, details of how the investigation was conducted and the findings as well as the decision and appropriate resolution. Page 2 / 4 CAO 144 Complainants who are not satisfied with the resolution, they may submit an appeal to the Clerk who will review the matter in consultation with the CAO to determine if additional or an alternative resolution can be achieved. If a complainant is still not satisfied with the Municipal decision then they may file a complaint with the Ontario Ombudsman’s office in accordance with the provisions of Bill 8, Public Sector & MPP Accountability and Transparency Act, 2014. 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 Council with policy updates in response to the Bill. The legislation allows for an expanded set of powers and protocols for the Office of Ontario’s Ombudsman. Bill 8 will amend subsection 14(1) of the Ombudsman Act to allow the ombudsman to “investigate any decision or recommendation made or any act done or omitted in the course of the administration of a public sector body and affecting any person or body of persons in his, her or its personal capacity.” Therefore, any member of the public may now bring their concerns about municipalities (including Council or administration) to the Ontario Ombudsman. The Ombudsman’s office encourages resolution at the local level before launching an investigation at the provincial level. Messages from the Ombudsman’s office state that Municipality’s should have an accessible complaints policy or process in place in order for the public to obtain a means to file a concern with the local municipality. The Ombudsman’s role is not to replace a complaints process within a municipality but only to investigate complaints within the jurisdiction once the local processes have been completed (complaint made and investigation concluded, municipality has refused to investigate or time for bringing the complaint has expired). The Ombudsman has said that they will push issues back to the local level to resolve issues prior to a formal investigation being launched by the province. If those processes are not in place and the municipality has no process for complaints then it is likely the province will commence an investigation on the matter and encourage the municipality to get those processes in place. The process does not preclude any member of the public who are not satisfied with the resolution of the municipality to then take the matter to the Ombudsman’s Office for review. The Ombudsman has the discretion not to investigate if they feel an investigation is not warranted. CONSULTATION/COMMUNICATION Staff has consulted with a number of Municipalities regarding their practices for a complaints process. Some of the Municipalities reviewed were Township of South West Oxford, Town of Ingersoll, City of Cambridge, City of Guelph, and the Town of Ajax. South West Oxford and the Town of Ingersoll are the only other municipalities in Oxford County that currently have a Page 3 / 4 CAO 145 complaints policy and process in place. A number of municipalities are in the process of developing a complaints policy and have not yet implemented a procedure for complaints. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – A complaints process would provide the public with a process to ensure accountability of the municipality and provide for an increase in public trust. Page 4 / 4 CAO 146 THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY 1-009 COMPLAINTS POLICY APPROVAL DATE: REVISION DATE: Page 1 of 8 SCHEDULES A. Policy Statement The Town of Tillsonburg is committed to a consistent and uniform process to respond to complaints received from members of the public regarding programs, facilities, Town services, staff and/or operational procedures. This policy outlines the process to be followed for the handling of public complaints. The Town of Tillsonburg recognises the importance of public input and welcomes complaints as a valuable form of feedback. Such information helps to improve the quality and level of the services provided by the Town, as well as interaction between Town staff and the public. B. Scope Complaints are expressions of dissatisfaction in regards to a particular action or lack of action taken by a municipal employee or member of Council, the operation of a municipal facility or the quality of service provided by the Town of Tillsonburg or by a person or body acting on behalf of the Town. Written complaints filed with the Town of Tillsonburg necessitate a timely and appropriate response and shall be processed in a courteous, impartial and professional manner. All complainants will be treated with respect and will not receive adverse treatment or any form of reprisal. Anyone who uses or is affected by Town services can make a complaint. This includes: • Local & Area Residents • People who work in or visit the Town 147 1-009 COMPLAINTS POLICY Page 2 of 8 • Local businesses • Community groups & Organizations • Volunteers for the Town of Tillsonburg • Individuals/Businesses/Corporations hired by or are working in partnership with the Town C. Definitions Complaint: Means a submission by a member of the public regarding their dissatisfaction about a municipal program, facility, Town service, staff member or operational procedure. Vexatious: Means a comment(s) or complaint(s) which are made without sufficient grounds for the intended purpose to cause an annoyance or frustration. D. Responsibilities of Municipal Employees Employees: All employees are to have knowledge and awareness of the Town’s requirement to receive complaints, the process through which a complaint can be made and the service standards that apply to complaints. Managers: Managers are responsible for facilitating prompt response to all complaints to ensure that service standards are achieved. Directors: Directors are responsible to ensure that the proper complaint forms are available for the receipt and response of all complaints according to the service standards set out. Directors hold responsibility for compliance to the Complaints Policy. 1. What guides the Town in its complaint handling? • Accessibility: Information on how to submit a complaint is made readily available in a number of formats and complaints can be submitted in-person, on- line, by e-mail, phone, fax and by regular mail. • Accountability: Complaints are handled in a fair, respectful and transparent manner, in a timely fashion. • Confidentiality: Complaints will be processed in a confidential manner and information shall be collected, used and disclosed in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 148 1-009 COMPLAINTS POLICY Page 3 of 8 • Customer-focus: The Town of Tillsonburg is committed to continuous improvement in service quality and delivery. • Responsiveness: Complaints received in writing are tracked and the Complainant is kept informed throughout the formal complaint process. • Simplicity: The Complaints Policy has been designed to be simple to understand and easy to use and includes information on how to submit a complaint and what should be included within the complaint. 2. What is not included in the Complaint Process? The formal complaint process does not include: • Requests for service; • Feedback and compliments; • Inquiries; • Anonymous complaints. In these cases, the Complainant will be referred to the appropriate municipal department or government authority. These communications and requests shall be handled through other mechanisms and processes. 3. Types of Complaints A complaint may be submitted in regards to a municipal employee, a member of Council, a municipal by-law or policy infraction by an employee of the Town, and municipal services and facilities. a) Municipal Employees (i.e. A negligent act by an employee causes damage to Town or private property.) Complaints regarding the conduct of municipal employees shall be processed in accordance with the provisions of the Complaints Procedure and/or the Employee Code of Conduct, as deemed applicable. b) Individuals/Businesses/Corporations (i.e. Discourteous behaviour expressed by an individual hired by the municipality towards a resident.) Complaints regarding the conduct of individuals, businesses or corporations hired by the municipality to provide a particular municipal program or service, shall be directed to the Town Clerk. c) Council (i.e. Inappropriate use of one’s position by a Council member.) Complaints regarding the conduct of members of Council are processed in accordance with the provisions of the Council Code of Conduct. Please 149 1-009 COMPLAINTS POLICY Page 4 of 8 refer to the Town website to submit a Code of Conduct Complaint on-line or contact the Town Clerk for more information. Complaints regarding the conduct of Closed Meetings are to be submitted to the Ontario Ombudsman’s Office. The forms and process are outlined on the Ombudsman’s website at: https://ombudsman.on.ca/Make-a- Complaint.aspx. Additional information regarding this type of complaint can be obtained from the Town Clerk. d) By-Law or Policy Violations (i.e. A Health & Safety Infraction by an employee.) Complaints regarding By-law and/or policy violations by municipal staff or individuals hired by the municipality shall be processed in accordance with the provisions of the Complaints Procedure and any disciplinary action taken shall be undertaken as per the Town’s Personnel Policy. e) Municipal Services or Facilities (i.e. Failure to maintain a public space within a municipal building in a safe and/or accessible manner.) Complaints received regarding the provision and/or quality of municipal services, programs and facilities shall be entered into the Town’s Active Citizen Response (ACR) program and will be forwarded to the appropriate department for resolution and/or action. 4. Submitting a Verbal Complaint A verbal complaint may be submitted in-person at the Town of Tillsonburg Customer Service Centre, 10 Lisgar Avenue or by phone at (519) 688-3009. Customer Service Representatives will ask callers a series of questions in order to best direct a complaint and/or resolve a complaint in an informal manner at first contact. 5. Submitting a Written Complaint Written complaints shall be submitted to the attention of the Town Clerk who shall direct each complaint to the appropriate Director and/or Manager for review and appropriate action. Written complaints can be submitted in the following manner: 1) In-person at the Town of Tillsonburg Customer Service Centre – 10 Lisgar Avenue; 2) On-line at www.tillsonburg.ca; 3) By E-mail to clerks@tillsonburg.ca; 4) By Fax to (519) 842-9431; 150 1-009 COMPLAINTS POLICY Page 5 of 8 5) By Mail to the Town Clerk, 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7. 6. What should be included within a complaint? Written and verbal complaints submitted should include the following information: 1) Details of what happened. 2) Where did this happen? Is it within the Town’s areas of responsibility? 3) When? 4) Who was involved? 5) What was said or done? 6) Is this an ongoing issue? 7) What kind of resolution is being sought? 8) Contact details of the Complainant. a) Anonymous complaints or complaints lacking sufficient information may not be investigated; b) Frivolous and vexatious complaints, as determined by the Town Clerk or CAO in consultation with the appropriate Department may not be investigated. 7. Logging of Complaints All written and verbal complaints received by the Town of Tillsonburg shall be logged into the Town’s ACR program for tracking purposes and to direct the complaint to the appropriate Department Head for review and appropriate action. 8. Responding to a Complaint The following Service Standards will be adhered to by all staff responsible for receiving and/or responding to complaints submitted to the Town: 1) Complainants shall receive an acknowledgement of receipt of their complaint within five (5) business days of the department receiving the completed complaint form. Service complaints requiring immediate attention shall be responded to in accordance with the issue as set out in ACR. This acknowledgement must identify who will be following up on the complaint as well as their contact information. If a complaint was received by a department in error and it should be handled by another department, the complaint will be forwarded to the appropriate department and the complainant will be advised that their complaint has been forwarded, and be provided with the contact name of the responsive department; 2) A Final Response must be sent to the complainant within thirty (30) business days, barring exceptional circumstances; 151 1-009 COMPLAINTS POLICY Page 6 of 8 3) Complaints may be prioritized, depending on the circumstances. Staff shall notify the Complainant of the proposed response timelines; 4) The following information shall be provided in the Final Response to the Complainant: • A brief summary of the nature of the complaint and pertinent facts; • Details about how the investigation was conducted; • An outline of the findings of the investigation; • The decision of staff and suggested appropriate resolution along with the rationale supporting the proposed resolution. Resolutions may include an explanation, apology, reconsideration, reimbursement, restitution and/or change in policy, which are all possible remedies. The Apology Act provides that apologies are not admissible as evidence of fault or liability. 9. Communication of the Final Response 1) Staff shall keep a written/electronic copy of the Final Response to the Complainant on file as per the Town’s Records & Information Management Policy and provide a copy of the Final Response to the Complainant in accordance with subsection 8(2) of this policy; 2) Staff shall identify and implement any action(s) or form of resolution as provided for within the Final Response. If the Complainant is satisfied with the proposed resolution, the complaint file shall be closed. 10. Appealing a Decision Should a Complainant be dissatisfied with the recommended form of resolution included within the Final Response provided to them, they may submit an appeal to the Town Clerk who will review the matter in consultation with the CAO to determine if additional or an alternative resolution can be achieved. In the event that a Complainant remains unsatisfied with an alternative resolution(s) proposed by staff in the case of an appeal to the Town of Tillsonburg, the complaint may be submitted to the Ontario Ombudsman’s office in accordance with the provisions of Bill 8, Public Sector & MPP Accountability and Transparency Act, 2014. The forms and process are outlined on the Ombudsman’s website: https://ombudsman.on.ca/Make-a-Complaint.aspx 152 1-009 COMPLAINTS POLICY Page 7 of 8 11. Monitoring & Tracking Complaints Complaints submitted to the Town of Tillsonburg shall be tracked from their initial receipt to their resolution. a) All written complaint records will be kept securely and in accordance with the corporate Records & Information Management Policy requirements and legislative responsibilities. b) Each staff person responsible for receiving complaints shall log each complaint in the Active Citizen Response (ACR) program to ensure adequate tracking of complaints and resolutions undertaken. The complaints records will be needed for ongoing review and analysis so as to capture recurring and/or systemic issues and improve upon customer service and satisfaction. c) When entering a complaint into the (ACR) program, staff shall ensure that the appropriate documentation has been attached, including any photos, drawings, letters, emails, or faxes submitted by the complainant, details of direction given to staff and how the complaint was resolved and when, along with a copy of the Final Response provided by staff to the complainant. d) If action is taken on a complaint, staff shall ensure that a record of this action is logged in the ACR program and shall provide sufficient details in the event of escalation to the Senior Leadership Team, the CAO or to the provincial Ombudsman. 12. Municipal Freedom of Information and Protection of Privacy Act a) All complaints will be processed in accordance with the Municipal Freedom of Information and Protection of Privacy Act and other applicable legislation. The identity of the complainant will be made known only to those who need to know in order to consider the complaint. All participants in the complaints process shall keep the details of the complaint confidential except as may be required by law. If the matter should go to arbitration, it may be necessary to release the inquirer’s name and contact information during the resolution process. b) Complaints received by one department are to be limited to that specific department unless the complaint involves more than one department. c) Nothing contained in this Policy is intended to neither conflict with nor deviate from the provisions of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 153 1-009 COMPLAINTS POLICY Page 8 of 8 13. Delegation Complaints received by the Town of Tillsonburg shall be delegated to the appropriate Department Head through the (ACR) program for assignment to staff for follow-up. The Town Clerk is delegated the responsibilities related to the receipt and processing of written complaints received by the Town of Tillsonburg and shall direct complaints to the appropriate Department Head in accordance with the nature of the complaint. 14. Policy Administration & Review This policy shall be administered by the Town Clerk or his/her designate. This policy will be reviewed every four (4) years to coincide with the term of Council or as required based on revisions to Corporate practices or Provincial legislation. 154 Report Title Canada 150 Committee Report No. CL 16-24 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date September 26, 2016 Attachments Terms of Reference RECOMMENDATION THAT Council receive Report CL 16-24, Canada 150 Committee; AND THAT Council approve the Terms of Reference for the committee and appoint Josiane DeCloet, Erin Getty, Jaime Stephenson and Aleksandra Webber to the Canada 150 Committee; AND THAT Councillor _____________, be appointed to represent Council on the committee. BACKGROUND At the April 25, 2016 meeting, Council passed a motion for the Town of Tillsonburg to work towards assembling a committee of interested parties to plan Canada 150 activities and events in the town to commemorate the 150th anniversary of Confederation. “Canada’s 150th anniversary of Confederation in 2017 is an historic moment with the power to bring people and places together as we dream big about our communities and our country. It’s a chance to encourage all Canadians to contribute to their communities in a way that will foster a greater sense of belonging, support meaningful reconciliation and leave a lasting legacy now and for future generations” (Community Foundations of Canada). Staff posted notice seeking individuals to serve on the committee in the Tillsonburg News and on the Town website. Representation was sought from various local community groups and organizations. A total of (4) applications were received. A draft Terms of Reference for the Canada 150 Ad Hoc Committee is attached with this report for Council’s review and approval. The committee will be comprised of individuals from the community, non-voting members of staff who will provide advice and support, and will include the Deputy Clerk, Culture & Heritage Manager and the Recreation Programs Supervisor. Other staff representatives will provide information and support throughout the term of the committee on an as needed basis. One of the core activities of the committee will be to plan a large-scale Canada Day event in partnership with Town staff, various community groups and organizations, as well as promote the development and presentation of events throughout the community between January 1, 2017 to December 31, 2017) to commemorate Canada’s 150th anniversary. The committee will Page 1 / 2 CL 16-24 155 also coordinate information on the various events that will be taking place throughout the Town for the development of promotional material (i.e. Canada 150 Community Calendar, Town website landing page, etc.). In the event that the Town is successful in its application to the Ontario 150 Community Celebration Program, additional goals and objectives may be added to the Terms of Reference for the committee to supplement the Canada Day programming (i.e. Canada Day Parade, Concert, Tournament, etc.). CONSULTATION/COMMUNICATION The Clerk’s Office staff worked in consultation with the Director of Recreation, Culture and Parks and Chair of the Cultural Advisory Committee to post notice seeking members to serve on the committee and with the Director of Recreation, Culture & Parks, Culture & Heritage Manager and Recreation Programs Supervisor to prepare the draft Terms of Reference for council’s consideration. FINANCIAL IMPACT/FUNDING SOURCE A funding request for the Canada Day event shall be brought forward for consideration during the 2017 budget review for council approval. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Committee appointments demonstrate an excellence in local government through increased opportunities for citizens and stakeholders to be included in oversight on municipal operations. Page 2 / 2 CAO 156 Canada 150 Ad Hoc Committee TERMS OF REFERENCE Mandate: To work in collaboration with Town staff and community partners to plan Canada Day event activities and promote the development of a series of events throughout 2017 in Tillsonburg to commemorate the 150th anniversary of Canada’s confederation. 1.0 Role of the Canada 150 Committee: 1.1 To establish a theme around which the Canada 150 events will be planned. 1.2 To develop working relationships with community groups and organizations to plan and coordinate a series of events for a large-scale Canada Day celebration. 1.3 Reach out to the community to promote the development of a series of events throughout the Town in 2017 to commemorate Canada’s 10th anniversary. 1.4 To collect and provide information to the Town’s Marketing & Communications staff for the promotion of Canada 150 events. 1.5 To assist in the development of funding applications for the Town for Canada 150 events/activities. 1.6 To assist in the preparation of reports to Council. 2.0 Organization of the Committee The Committee should be composed of Town staff, a member of Council, local residents and include representation from various local community groups and organizations. 2.1 Notification of Appointments shall be advertised in the local newspapers as per Town's procedures for Committees of Council. 2.2 The appointment of Committee Members will be endorsed by Council. 2.3 The term for Committee Members will be from September 26, 2016 to January 1, 2018. 2.4 Additional members may be appointed throughout the term. 2.5 One member will be appointed by vote of the committee at the first meeting to chair the meetings for the term. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.7 Municipal staff person(s) shall act in an advisory capacity for the committee. 3.0 Meetings 3.1 The committee will meet on the ______________ each month. 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 Council appointed Committee Members will constitute quorum for the transaction of business. 3.6 The members may meet occasionally informally to discuss issues as warranted. 157 2 4.0 Role of the Chair: The Chair is responsible for insuring 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 as, using a roundtable format. 4.3 Creating an agenda in consultation with the Secretary. 4.4 Chairing the meetings. 4.5 Acting as spokesperson. 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 of the committee minutes. 6.0 Role of Members: Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.1 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. 6.2 Review all information supplied to them. 6.3 Prepare information for use in the development of materials for the Committee. 6.4 Promote the role of the Committee. 6.5 Offer input to committee reports to Council. 6.6 Attend training as required to effectively perform their role as a committee member. 6.7 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: 7.1 Acting as an information resource. 7.2 Orientation of Committee members at the first meeting after Council appointment. 158 3 7.3 Assist in the planning, coordination and/or presentation of event activities for the Canada Day celebration. 7.4 Assist with the development of promotional material to highlight the various Canada 150 events that will be taking place within the community. 7.5 Assist the Committee in its reporting to Council. 7.6 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 Verbally by a Council representative. 8.2 Verbally by the Chair or the designated representative. 8.3 Minutes from the Committee meetings 8.4 Written reports 159 Report Title Committee Appointment Report No. CL 16-27 Author Tricia Smith, Deputy Clerk Meeting Type Council Meeting Council Date September 26, 2016 Attachments By-Law 4039 By-Law 3901 Letter of Recommendation RECOMMENDATION THAT Council receive Report CL 16-27, Committee Appointment; AND THAT John Scott, be appointed as a Director to the BIA Board of Management; AND THAT a By-law, be brought forward for council consideration. BACKGROUND The Clerk’s Office received correspondence on August 22, 2016 from the Tillsonburg BIA which included a copy of a resolution recommending that John Scott, Manager of Staples, be appointed to the BIA Board of Management as a Director until the end of the current four year term. A copy of the correspondence letter is attached with this report. In consultation with the Executive Director of the Tillsonburg BIA, it was determined that appointee Terry Pond had resigned as a Director in 2015 and Chris Jezovnik provides technical assistance to the Board and is not an official Board Member. These changes have been reflected in appointment By-Law 4039. CONSULTATION/COMMUNICATION The Clerk’s Office consulted with the Executive Director of the Tillsonburg BIA regarding the appointment and amendments to By-Law 3901. FINANCIAL IMPACT/FUNDING SOURCE None COMMUNITY STRATEGIC PLAN (CSP) IMPACT Committee appointments demonstrate an excellence in local government through increased opportunities for citizens and stakeholders to be included in oversight on municipal operations. Page 1 / 1 CL 16-27 160 August 22, 2016 Town of Tillsonburg Tillsonburg Town Council 200 Broadway, Tillsonburg, ON N4G 5A7 Dear Mayor Molnar and Tillsonburg Town Council, The Tillsonburg BIA would like to recommend the following appointment to the BIA Board of Management. Nomination July 2016 Nominated by J. Kirkland Seconded by D. Rasokas AND RESOLVED that the recommendation of John Scott, Manager, Staples be made to Tillsonburg Town Council for his appointment to the BIA Board of Management as a Director until the end of the current four year term. “Carried” Thank you. Regards, Virginia Armstrong Executive Director, Tillsonburg BIA 20 Oxford, St., Tillsonburg, ON N4G 2G1 5199835966 161 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4039 A BY-LAW to amend By-Law 3901, being a by-law to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby established by The Corporation of the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend By-Law 3901; BE IT THEREFORE ENACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT Section 2 of By-Law 3901, be and is hereby amended by deleting the names "Terry Pond” and “Chris Jezovnik”; 2. THAT "John Scott", be hereby appointed as a member of the Board of Management until the 1st day of January, 2019, or until his successor is appointed; 3. THAT the amendment to By-Law 3901 is hereby declared to be part of that By- Law as if written therein; 4. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 26th DAY OF September, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF September, 2016. __________________ Mayor – Stephen Molnar __________________ Town Clerk – Donna Wilson 162 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNUMBER3901 A BY-LAW, To Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby Established by The Corporation of The Town ofTillsonburg. WHEREAS the Council of the Town ofTillsonburg passed By-Law 2013 on December 13, 1977, to designated an improvement area within the Downtown of the Town oflillsonburg; AND WHEREAS the Council of the Town ofTillsonbrug passed By-Law 3180 on October 24, 2005, to enlarge the area designated as an improvement area; AND WHEREAS Section 204(3) of the Municipal Act, S.D. 2001 Chapter 25 provides that the Board of Management for the improvement area shall be composed of one or more directors appointed by the municipality and the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillson burg enacts as follows: 1. THAT a Board of Management be and is hereby established for the Business Improvement Area in the Town of Tillsonburg as designated by By-Law 3180 and shall be comprised of one (1) member of Council, one (1) staff liaisons, and members of the BIA selected by a vote of the membership of the improvement area. 2. THAT the said Board of Management shall consist of the following members: Cedric Tomico John Kirkland Laura Magashazi Terry Pond Krystal West Joe Mcintyre DanRasokas Kendall Causyn Lori Arnold Virginia Armstrong Chris Jezovnik Max Adam Colleen Pepper 3. THAT the foregoing members shall be appointed for a term ending the 1st day of January, 2019, or until their successors are appointed. 4. THAT the Board of Management is entrusted with overseeing the improvement, beautification and maintenance of buildings and structures in the area and to promote the area as a business or shopping area. 5. THAT this by-law comes into full force and effect upon the day of passing. READ A FIRST, SECOND AND THIRD TIME, PASSED, SIGNED, SEALED AND NUMBERED 3901 this 27th day of April, 2015. YOR-Stephen Molnar TOWN CLERK-Donna Wilson ------- 163 Report Title Trottier Phase 3 Reconstruction Funding Source Report No. FIN 16-28 Author Janelle Costantino, Acting Director of Finance Kevin DeLeebeeck, Director of Operations Meeting Type Council Meeting Council Date SEPTEMBER 26, 2016 Attachments N/A RECOMMENDATION THAT Council receives report FIN 16-28 Trottier Phase 3 Reconstruction Funding Source; AND THAT Council approve the re-allocation of unused gas tax grant funding from the Trottier Phase 4 Reconstruction project in the amount of $22,990.37 to fund the budget shortfall of the Trottier Phase 3 Reconstruction project. EXECUTIVE SUMMARY To determine the funding source of the Trottier Phase 3 Reconstruction budget shortfall. BACKGROUND The Trottier Phase 3 Reconstruction project was budgeted in 2015 at a total of $400,000 to be funded by debenture. During the March 23, 2015 Council meeting, the work was awarded to Elgin Construction of St. Thomas through OPS 15-06 which identified a budget shortfall of $50,709.02 and that Staff would try to mitigate the budget shortfall during construction to reduce any additional debenture requirement. The project has since been fully completed in August of 2016 with the total cost of the project at $422,990.37. The Town has secured $400,000 in debt from Infrastructure Ontario, resulting in $22,990.37 being unfunded. The Trottier Phase 4 Reconstruction project was budgeted in 2016 at a total of $322,500 from Gas Tax. During the March 14, 2016 Council meeting, the work was awarded to Elgin Construction of St. Thomas through OPS 16-10 which identified that $62,948.62 would remain in the Town’s Gas Tax funding pool for future use. The Trottier Phase 4 Reconstruction project is nearing completion and is anticipated to have total Town costs of approximately $271,000 resulting in approximately $51,500 of unused Gas tax funds. Of these unused Gas Tax funds, $25,000 has already been allocated to the Mid-Block Pedestrian Crossing Accessibility Upgrades at the Town Centre Mall Entrance (OPS 16-23). Page 1 / 2 FIN16-28 Trottier Phase 3 Funding Source 164 FINANCIAL IMPACT/FUNDING SOURCE Staff is recommending the budget shortfall of $22,990.37 from Trottier Phase 3 Reconstruction to be funded from the remaining unused Gas Tax Funds that were returned to the funding pool through OPS 16-10. Any remaining Gas Tax funds will be added back to the funding pool for future use. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 2 / 2 CAO 165 Report Title Small Communities Fund – Newell Road Reconstruction Report No. OPS 16-26 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date September 26, 2016 Attachments • None RECOMMENDATION: THAT Council receive Report OPS 16-26, Small Communities Fund – Newell Road Reconstruction; AND THAT Council direct staff to include the Town’s portion of the project valued at $349,673 in the development of the 2017 budget. SUMMARY In August of 2016 the Town received correspondence from the Ministry of Agriculture, Food and Rural Affairs that the Newell Road Reconstruction project has been approved for funding under the Small Communities Fund. The Newell Road Reconstruction project involves the complete reconstruction of Newell Road from Baldwin Street to the Town Limits at the old Railway crossing as shown in Figure 1. The work will include the complete re-installation of new pavement, including proper granular base, along restructured vertical and horizontal curves, concrete curb and gutter, guide rails with energy dissipation end treatments and storm sewers for proper drainage. CONSULTATION/COMMUNICATION The Director of Operations is in continuous direct contact with the Project Analyst assigned to the project file. FINANCIAL IMPACT/FUNDING SOURCE The total project cost, less rebatable taxes, is $1,049,021. Under the Small Communities Fund the Federal and Provincial governments will each provided 33% toward the total eligible costs of the project up to a combined maximum of $699,347. The remaining $349,674 of the project constitutes the Towns 33% portion that will require a funding source in the 2017 budget. Page 1 / 2 166 Page 2 / 2 167 Report Title Landscape Restoration – Ridge Blvd. & Area Report No. OPS 16-27 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date September 26, 2016 Attachments • None RECOMMENDATION: THAT Council receive Report OPS 16-27, Landscape Restoration – Ridge Blvd and Area as information. SUMMARY At the Regular Council meeting of September 12th 2016 the following direction was provided to staff: “THAT staff prepare a report for landscape restoration on Ridge Blvd and area, including a budget comparison. AND THAT the report be presented on September 26, 2016 for Council consideration.” The scope of work provided in the estimates below include the removal of existing sod and topsoil, the supply and preparation of imported screened topsoil and sod or hydroseed with regular watering over the respective maintenance periods. The scope of work outlined above is included in all Town reconstruction contract documents and was successfully achieved at the completion of each reconstruction stage in the Trottier Subdivision (Figure 1), similar to the reconstruction of Glendale Drive, Hawthorne Crescent and Parkside Drive in 2014, and Camdon Court and Third Street in 2015. At the time of each reconstruction project completion the lawn restoration is returned to the property owner in a healthy green growing state. It appears the deteriorated state of some lawns in the Trottier Subdivision area 2-3 years after project completion is likely attributed to the level of lawn care maintenance activities such as regular watering and fertilizing. Trottier Subdivision Stage – Street(s) No. of Affected Properties Option 1 – Topsoil & Hydroseed Option 2 – Topsoil & Sod Stage 1 – Thistle Court (2013) 12 $22,500 $24,000 Stage 2 – Ridge Blvd (2014) 27 $33,000 $42,000 Stage 3 – Lady/Denis/Richard (2015) 44 $42,000 $51,500 Total Cost $97,500 $117,500 Page 1 / 3 168 Consideration should be given that in spite of successfully completing each reconstruction project in the Trottier Subdivision in accordance with the contract documents that additional landscape restoration activity 2-3 years after project completion not only has the potential of setting a new precedent, but also the potential of concerns from those property owners that properly maintained their lawns after project completion. To alleviate the latter concern Council could consider providing all affected property owners in each reconstruction project in the Trottier Subdivision with a credit, based on actual constructed area, equivalent to 50% of the total cost identified in the table above. CONSULTATION/COMMUNICATION Town reconstruction contract specifications related to lawn restoration meet or exceed the Ontario Provincial Standard Specifications (OPSS) for topsoil and sodding. FINANCIAL IMPACT/FUNDING SOURCE There is currently no funding source in the 2016 approved budget to complete the landscape restoration work outlined in this report. Page 2 / 3 169 Page 3 / 3 170 Report Title Connecting Link Funding Program Project Designation Report No. OPS 16-28 Author Eric Flora, P.Eng. Manager of Engineering Meeting Type Council Meeting Council Date September 26, 2016 Attachments • Connecting Link Funding Application RECOMMENDATION: THAT Council receive Report OPS 16-28, Connecting Link Funding Program Project Designation; AND THAT Broadway Street Rehabilitation from the north Town limit to North Street be endorsed as the Town’s project for the Connecting Link Funding Application; AND THAT the submitted Application meets the requirements of MTO’s Connecting Links Program as described in the Program Guide; AND THAT a comprehensive asset management plan including connecting links has been completed and publically posted; AND THAT the municipality will comply with the conditions that apply to designated connecting links under the Ontario Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; AND THAT the Application is complete and factually accurate; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. SUMMARY Connecting Link Funding Program In late 2015, the Provincial government re-opened the Connecting Link Funding Program administered through the Ministry of Transportation to help financially support repairs and reconstructions of Connecting Link designated infrastructure in some of the applicable 77 municipalities across Ontario. The Town submitted an application for the Broadway Street Rehabilitation as part of the first intake however the project was not selected for funding in 2016-2017. The Province provided $20 million in 2016-2017 to support 23 connecting link projects across Ontario. The Province is now accepting applications for the next intake of projects with funding increasing to $25 million in 2017-2018 and to $30 million in 2018-2019. Page 1 / 4 171 The objectives of the program are to make Connecting Link investments that: • Address critical Connecting Link improvement needs; • Extend the life of the asset; • Are cost effective and appropriate to address the Connecting Link need; and • Ensure the safe and efficient movement of provincial traffic. The program has a one-stage application process that is due on October 21, 2016. Projects will be assessed on the basis of: • Project criticality based on Connecting Link deficiencies and/or renewal needs; • Project urgency based on stated 10-year deficiencies and risk assessment; • Cost-effective and appropriate projects to address stated Connecting Link need; • Appropriate project activities and costs under the Connecting Links Program; • Supporting documentation: asset management plan, bridge inspection reports, detailed project proposal, engineering studies/plans, etc.; and, • Potential coordination with adjacent, concurrent provincial highway projects. The application requires Council endorsement, in the form of a Council resolution, for the project being put forward for the funding program declaring the following as part of the submission: • The application meets the requirements for the Connecting Link Program as described in the Program Guide; • The Town of Tillsonburg has a comprehensive Asset Management publically posted on- line; • The Town of Tillsonburg complies with the conditions that apply to designated Connecting Links under the Ontario Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; and • The application is complete and factually accurate. Designated Project - Broadway Street Rehabilitation The designated project for the Connecting Link application is the Broadway Street Rehabilitation from the north Town limit to North Street as shown in Figure 1. In 2016, the MTO completed the rehabilitation of Highway 19 from Mount Elgin to Tillsonburg north Town limit under MTO Contract 2016-3011. The proposed works along Broadway/Highway 19 will be comprised of full-depth road surface rehabilitation from the north Town limit southerly to North Street. The southerly 150 metres of work will be coordinated with Oxford County to coincide with their servicing and reconstruction work planned for 2017 at the Broadway/North Street intersection as part of the North Street reconstruction project east of Broadway Street. Based on the above, staff recommends the Connecting Link Funding Application be submitted in support of the full road segment from the north Town limit to North Street, for a total length of 915m. Page 2 / 4 172 CONSULTATION/COMMUNICATION Staff have reached out to the Ministry for feedback regarding areas of improvement from the last application submission and have included these suggestions in the application, such as including the details about the proposed Oxford County servicing works along Broadway. FINANCIAL IMPACT/FUNDING SOURCE For approved applications, the Ministry will provide funding for 90% of the eligible project costs to a maximum of $3 million per project. Applicants will contribute 10% of the eligible costs and will be responsible for all ineligible project costs. Based on the results of the geotechnical investigation, consultant recommendations on the design and review by Town staff, the revised cost estimate for the proposed work is $928,650. If the Connecting Link funding application is successful (announcements estimated by the Ministry is spring 2017), the Town will proceed to finalize the design and tender the contract. Should the application be successful and the application receive 90% funding, the remaining 10% of the project would be funded from the $92,900 earmarked in reserves for the Broadway Street Rehabilitation through report OPS 16-18. Page 3 / 4 173 Page 4 / 4 174 175 176 177 178 179 180 181 182 = Attendance: Mike Cerna, Michael Kadey, Margaret McCrimmon, Peter Staley, Councillor Brian Stephenson, Eric Flora, Manager of Engineering, Tricia Smith, Deputy Clerk Regrets: Robert Doerr, Helen Lamos-Parker, Scot Richardson 1.Call to Order The meeting was called to order at 3:21 p.m. 2.Adoption of Agenda Moved By: Mike Cerna Seconded By: Peter Staley THAT the agenda for the Committee meeting of September 14, 2016, be adopted. Carried 3.Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4.Adoption of Minutes of Previous Meeting - June 8, 2016 Moved By: Margaret McCrimmon Seconded By: Michael Kadey THAT the Minutes of the Committee meeting of June 8, 2016, be approved. Carried 5.General Business & Reports 5.1. Multi-Year Accessibility Plan – Update The Deputy Clerk provided a review of the comments received from the Director of Recreation, Culture & Parks and final amendments made to the Multi-Year Accessibility Plan. Moved By: Peter Staley Seconded By: Mike Cerna The Corporation of the Town of Tillsonburg ACCESSIBILITY ADVISORY COMMITTEE September 14, 2016 3:00 p.m. Annex 200 Broadway Street, Tillsonburg MINUTES 183 Accessibility Advisory Committe Meeting – Agenda - 2 - THAT the Multi-Year Accessibility Plan, be approved and a copy of the plan be sent to the Memorial Park Revitalization Committee for information and to Council for consideration. Carried 5.2. Accessibility Recognition Award – Update The Deputy Clerk provided a review of the amendments made to the Accessibility Recognition Award Criteria and Nomination form. The Deputy Clerk and committee member Peter Staley will be attending the October 12th, 2016 meeting of the Tillsonburg Chamber of Commerce Board of Directors to provide a brief presentation on the award program. The term “Institution” shall be removed from the Nomination Criteria and Application form. Moved By: Mike Cerna Seconded By: Margaret McCrimmon THAT the Accessibility Recognition Award Criteria and Nomination form, be approved as amended. Carried 5.3. Curb Cuts on Broadway – Mike Cerna Mike Cerna and Margaret McCrimmon conducted a review of the accessible parking spots on Broadway, targeting only the east of Broadway south to the stoplights at Oxford Street then the west side north from Baldwin Street to the lights at Bridge Street. A brief summary and photographs taken in regards to the accessible spots were circulated to the committee for information. Discussion took place regarding safety issues for people using wheelchairs and unloading from vehicles parked on Broadway and the implementation of curb cuts. Discussion also took place regarding the visibility of Accessible Parking Permits. Moved By: Peter Staley Seconded By: Michael Kadey THAT the Accessibility Advisory Committee receives the information regarding the accessible parking spots on Broadway and recommends that a review be undertaken of the accessible parking spaces on Broadway Street to ensure adequate curb cuts where possible and sufficient location and number of accessible parking spaces. Carried 184 Accessibility Advisory Committe Meeting – Agenda - 3 - 5.4. Gazebo in the Park – Accessible Pathway – Mike Cerna Discussion took place regarding the accessibility of the pathway in the public park located behind Canadian Tire. Moved By: Mike Cerna Seconded By: Margaret The Accessibility Advisory Committee recommends that staff review the pathway in the park to ensure it is accessible for the public. Carried 6. Correspondence 6.1. Joint Accessibility Meeting – Tuesday, November 15, 2016 – 1:30 p.m. – County of Oxford Administration Building 6.2. The Accessibility Hub - http://www.theaccessibilityhub.ca/hub/ 6.3. Blind MP to draft Canada’s first National Accessibility Plan 7. Other Business 7.1. Audible Signals At the August 8th, 2016 meeting Council approved the installation of mid-block pedestrian crossing accessibility upgrades at the Town Centre Mall entrance and $25,000 has been dedicated to the project. Discussion took place regarding the accessible ramp at the last set of lights on Broadway, and it was expressed that wheelchair users find this ramp challenging. 8. Next Meeting The next meeting of the Accessibility Advisory Committee will be held on Wednesday, November 9, 2016 at 3:00 p.m. in the Board Room – Customer Service Centre*. 9. Adjournment Moved By: Margaret McCrimmon Seconded By: Peter Staley THAT the meeting be adjourned at 4:16 p.m. Carried 185 186 = ATTENDANCE Andrew Burns, Mel Getty, Deb Gilvesy, Lisa Gilvesy, Jesse Goossens, Councillor Jim Hayes, Mayor Stephen Molnar, Lindsay Morgan, Ashton Nembhard, Randy Thornton, Staff Present: David Calder, Cephas Panschow MEMBERS ABSENT/REGRETS Kirby Heckford, Steve Spanjers, Cedric Tomico, John Veldman 1. Call to Order The meeting was called to order at 7:33 AM. 2. Adoption of Agenda Moved By: L. Morgan Seconded By: A. Burns Proposed Resolution # 1 THAT the Agenda as prepared for the Development Committee meeting of August 9, 2016 be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof – None Declared 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of July 12, 2016 Moved By: D. Gilvesy Seconded By: A. Burns Proposed Resolution # 2 THAT the Minutes of the Development Committee Meeting of July 12, 2016 be approved. Carried The Corporation of the Town of Tillsonburg Development Committee August 9, 2016 7:30 AM Board Room, Customer Service Centre 10 Lisgar Ave, Tillsonburg MINUTES 187 Development Committee Meeting Minutes (June 14, 2016) - 2 - 5. Delegations and Presentations 6. Information Items 6.1. Community Strategic Plan No update. 6.2. Post-Secondary Education 6.3. Tillsonburg Hydro Inc The General Manager position has been filled and will start on August 15. The person has a strong background in energy conservation management. 6.4. Town Hall Task Force Development Commissioner advised that contact had been made with 34 different agencies/companies regarding the Town Hall Project, and of those, 25 have expressed interest in either providing development property (land or building) for the project, providing professional services or investing in a lease or lease to own scenario. This information will be reviewed by the Task Force for direction. 7. General Business & Reports - None 7.1. Community Improvement Plan – Review of Funding Scenarios Staff provided an overview of the level of rebates in other communities. From this review, it appears most communities have much simpler programs with rebates being offered for 5 years only but with London offering a Level 1, 2 and 3 of funding and Niagara Falls offering a five year program and a ten year program. On average, the programs of nearby communities offer around a 10% of increased assessment (investment) over the life of the rebate program with a few instances of slightly more and one example at 21% (Lincoln industrial example). The proposed Tillsonburg program offers a 7% (general) to 24% (strategic) rebate of investment over the life of the program. Based on the review, staff is confident that the program is not overly generous but does provide a high level of support when appropriate, i.e. for strategic projects. The criteria are flexible enough to permit some discretion as may be required by specific circumstances that arise. May be opportunity for increased connection to Tillsonburg Hydro vis-à-vis the CIP program’s energy conservation focus and the new General Manager’s expertise. 7.2. Downtown Marketing Plan (Definition) This is an item that was specifically requested to be a separate discussion. What sort of information is required? The goal is to design a program to support retail tenants that fill market gaps in Tillsonburg. This could be through a rebate of the taxes to targeted tenants, which might enable them to get established and sign longer terms leases. Mayor Molnar will 188 Development Committee Meeting Minutes (June 14, 2016) - 3 - look into an example from another community. Other info to be pulled together includes: (1) similar programs from other communities, (2) Retail Recruitment plan, (3) Parking review information, (4) Vacancy information and (5) Retail inventory plan. 8. Committee Minutes & Reports 8.1. Tillsonburg District Chamber of Commerce Reminder of upcoming TDCC Open on Aug 11. 8.2. Downtown Business Improvement Association No update. 8.3. Tillsonburg District Real Estate Board Monthly sale activity has decreased, but August is starting strong. New listings are down 26% and total listings on the market is down 30%. Year to date figures are still significantly above last year and both monthly and YTD average residential sale prices are up 8 – 9%. 8.4. Physician Recruitment Job description and work plan for the facilitator position has been developed. Committee asked if minutes/work plan could be circulated. Plans are in place for a blended incentive program. Concern that Southwest LHIN is making public statements that only 6% of residents are without a family physician. 9. Correspondence - None 10. Other Business 10.1. Roundtable • AMO municipal conference is scheduled for August 14-17 and Town has secured meetings with Ministry of Transportation, Community & Correction Services and Ministry of Energy. • SouthWestern Integrated Fibre Technology (SWIFT) network received Federal and Provincial Government funding in the amount of $90 million from each level (total $180 Million) for the implementation the SWIFT network. • Town hosted a delegation of investors yesterday afternoon. • Development Initiative Group (DIG) is being discussed by Town as a way to provide oversight and management of key development within the Town. More info to follow. • Wise Line Metal Sales and the Town held a small (no media) sod turning ceremony on August 5. Concern that this committee was not invited. This will be rectified for future events like this. • Some concern re maintenance of the golf course trail. • Opportunity for donation of replica Annandale house to Town will be looked into. 189 Development Committee Meeting Minutes (June 14, 2016) - 4 - • Can we obtain testimonial from Wise Line for use in promotional campaigns? 11. Closed Session 12. Next Meeting The next meeting of the Development Committee will be on Tuesday, September 13, 2016. 13. Adjournment Moved By: J. Hayes Seconded By: Proposed Resolution 4 THAT the Development Committee Meeting of August 9, 2016 be adjourned at 9:10 AM. 190 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4039 A BY-LAW to amend By-Law 3901, being a by-law to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby established by The Corporation of the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend By-Law 3901; BE IT THEREFORE ENACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT Section 2 of By-Law 3901, be and is hereby amended by deleting the names "Terry Pond” and “Chris Jezovnik”; 2. THAT "John Scott", be hereby appointed as a member of the Board of Management until the 1st day of January, 2019, or until his successor is appointed; 3. THAT the amendment to By-Law 3901 is hereby declared to be part of that By- Law as if written therein; 4. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 26th DAY OF September, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF September, 2016. __________________ Mayor – Stephen Molnar __________________ Town Clerk – Donna Wilson 191 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4040 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A’ the zone symbol of the lands so designated ‘R1A’ on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 26th day of September, 2016. READ a third time and finally passed this 26th day of September, 2016. Mayor Clerk 192 L O T 1 R = 1 7 6 . 6 1 A= 8 . 9 1 N78°17'40"E12.48 R=8.00A=14.13N78°17'40"E 19.82 R = 4 9.4 3 A= 2 3 . 5 7 N11°42'20"W 37.84L O T 5 1 R E G I S T E R E D P L A N 4 1 M - 2 4 1 SANDERS CRESDEREHAM DR L O WR I E C R E SLOT 51, REGISTERED PLAN 41M-241 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1A NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE 26th DAY OF SEPTEMBER, 2016 SCHEDULE "A" TO BY-LAW No. 4040 © 5 0 5 10 152.5 METRES 4040 193 ZN 7-16-06 TOWN OF TILLSONBURG BY-LAW NUMBER 4040 EXPLANATORY NOTE The purpose of By-Law Number 4040 is to rezone the subject property from ‘Low Density Residential Type 1 Holding Zone (R1A)(H)’ to ‘Low Density Residential Type 1 Zone (R1A)’ to remove the holding provision that applies to the property. The subject property is legally described as Lot 51, Plan 41M-241, Town of Tillsonburg. The property is located within Phase 1 of the Victoria Wood subdivision. As development agreements have been signed and all requirements of the Town and County have been satisfied, it is now appropriate to remove the holding provision and permit residential development on the subject property. The Municipal Council approved By-Law Number 4040 at the regular meeting on September 26th, 2016. Any person wishing further information relative to Zoning By-Law Number 4040 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-06 [Victoria Wood (Tillsonburg) GP Inc.] Report No: 2016-233 194 WESTON DRCHARLOTTE AVEHOGARTH DR ESSELTINE DR WILSON AVE SANDERS CR E S MCDON A L D CRTQUARTER TOWN LINECLARENCE ST DEREH A M D R ARMSTRONG DR JANE ST TRA I L V IE WDR D ENRICHAVEV I CT ORI AWA Y PARKDALE AVE BRASHERDR SINCLAIR D RLOWRIECRESHURLEY AVEKAMPSCRESKEY MAP LANDS TO WHICH BYLAW 4040 APPLIES © 50 0 50 100 15025 METRES 195 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4041 A BY -LAW to adopt the Town of Tillsonburg Complaints Policy. WHEREAS Section 270. (1) of the Municipal Act (the Act) states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting a Complaints Policy. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Town of Tillsonburg Complaints Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. THAT this by-law comes into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 26th DAY OF September, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF September, 2016. __________________ Mayor – Stephen Molnar __________________ Town Clerk – Donna Wilson 196 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4042 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 26th day of September, 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 September 26, 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 26th DAY OF SEPTEMBER, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF SEPTEMBER, 2016. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 197