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28042014 Council MINTown of Tillson burg Minutes of Council Meeting Date: Monday April 28, 2014 6:00PM Council Chambers Chair: Jotln Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: 0 Public e Private Town ot Tillsonhurg Cotlmcil Meeling on Monday April28, 2014 06:00 IPM Council Chambers Orders of tlile IDa¥: CALL TO ORDER ATIENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Chair: Jolhn Lessifr Rick Cox, Director of Parks & Recreation Services Jeff Smith , Fire Chief Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of April 28, 2014, be adopted. "Carried" CLOSED MEETING SESSION Resolution No.2: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council move into Closed Session, to consider: 042814 Personal matter about an identifiable individual, including municipal or local board employees (Parks and Recreation Services) Page 1 MINUTES: Meeting for the Committee "Open Council" Presented By: Irene Hurley, Footprints in the Sand Committee • Footprints -April 28 Council.docx Irene Hurley, from the Footprints in the Sand Committee, informed Council of the planned activities to mark the 50th Anniversary of the poem Footprints in the Sand. PUBLIC MEETINGS The Deputy Mayor assumed the role as Chair for the Public Meeting at 6:49 p.m. 4. Committee of Adjustment Application A-02/14 Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-02/14 Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. The Committee of Adjustment passed the following resolution: Resolution No.5: Moved By: Councillor Beres Seconded By: Councillor Stephenson RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-02/14 for 63 Denrich Avenue, subject to the following conditions: 1) That the existing detached accessory building be removed, to the satisfaction of the Town of Tillsonburg Building Services Department; and 2) A building permit for the proposed accessory building shall be obtained within one year of the date of the Committee's decision. "Carried" Mayor Lessif reassumed the role as Chair at 6:57 pm . INFORMATION ITEMS 5. New AMO Task Force on Police Modernization ~ 6. Ministry of Energy Correspondence Re: Ontario's Local Energy Planning Initiatives ~ QUARTERLY REPORTS Page 3 MINUTES: Meeting for the Committee "Open Council" Staff to investigate the feasibility of completing all objectives simultaneously. Resolution No.1 0: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives OPS14-08-First Quarter 2014 Operations Services Report as information. "Carried" 12. PRS 14-10 First Quarter 2014 PRS Department Results CLERK Resolution No.11: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives report PRS 14-10 First Quarter 2014 PRS Department Results as information. "Carried" 13. CL 14-11, Advance Polls !g) Presented By: Donna Wilson, Town Clerk Resolution No.12: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report CL 14-11 Advance Polls; AND THAT By-Law 3814, to provide for advance votes to be held prior to voting day be brought forward for Council consideration. "Carried" DEVELOPMENT & COMMUNICATIONS 14. DCS 14-25 Sign By-Law ~ Presented By: Geno Vanhaelewyn , Chief Building Official Resolution No.13: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive Report DCS 14-25 Sign By-Law for information ; and AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial nature in the Town of Tillsonburg is brought forward for Council consideration . "Carried" FINANCE Page 5 MINUTES: Meeting for the Committee "Open Council" COMMITTEE MINUTES & REPORTS 19. Long Point Region Conservation Authority 2014 AGM Minutes ~ 20. Committees of Council Minutes 1111 NOTICE OF MOTION Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council waive section 1 0.1.1 of Procedural By-Law 3511, in order to proceed with the following motion at this meeting rather than at a subsequent council meeting; THAT a Special Council Meeting be held on Friday, May 2, 2014 at 8:30a.m. in order to declare the Mayor vacancy and to proceed with the process to fill that vacancy. "Carried" BY-LAWS 21. By-Laws for the Meeting of April 28, 2014 Resolution No.17: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3810, to Establish and Maintain Clean and Clear Lands in the Town ofTillsonburg, ~ By-Law 3814, to Provide for Advance Votes to be Held Prior to Voting Day, jg) By-Law 3816, to Enter into A Municipal Funding Agreement with The Association of Municipalities of Ontario, and jg) By-Law 3815, to confirm the proceedings of Council at its meetings held on the 28th day of April, 2014, be read for a first and second time and this constitutes the first and second reading thereof.!g) "Carried" Resolution No.18: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3810, to Establish and Maintain Clean and Clear Lands in the Town of Tillson burg , By-Law 3814, to Provide for Advance Votes to be Held Prior to Voting Day, By-Law 3798, to Regulate Signs and Other Advertising Devices of a Commercial Nature in the Town of Tillson burg, IQ) By-Law 3816, to Enter into A Municipal Funding Agreement with The Association of Municipalities of Ontario, and By-Law 3815, to confirm the proceedings of Council at its meetings held on the 28th day of April, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST Page 7 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MINUJES Town of Tillson burg Open Courncil on Monday April 14, 2014 04:30 PM Council Chambers Chair: Jot:ln l essifr Or:Ciiers a~ the IDay: The meeting was called to order at 4:30 p.m. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Chris Rosehart Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Rick Cox, Director of Parks Recreation Steve Lund, Director of Operations Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No. 1: Moved by: Councillor Rosehart Seconded by: Councillor Getty THAT the Agenda as prepared for the Council Meeting of April14, 2014, be adopted. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared MOMENT OF REFLECTION 041414 Page 1 ) MINUTES: Meeting for the Committee "Open Council" BIA to provide Council with a formal request from the Board. The Mayor thanked the BIA for championing the event. PUBLIC MEETINGS The Deputy Mayor assumed the role as Chair for the Public Meeting at 6:37 p.m. 5. Application for Zone Change ZN 7-14-02, Grammatikipoulos, 2 Vance Drive ~ Presented By: Eric Gilbert, Development Planner Staff to consider including development charges in the commends of the report for zone change applications. Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO 2013-294. Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. Council passed the following resolution: Resolution No. 4: Moved by: Councillor Getty Seconded by: Councillor Rosehart THAT the Council APPROVE the zone change application submitted by Paul Grammatikopoulos, whereby the lands described as Part Lot 3, Plan 1033, Town of Tillsonburg, known municipally as 2 Vance Drive are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-17); AND THAT By-Law 3813, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration. "Carried" Mayor Lessif reassumed the role as Chair at 6:48 p.m. Mayor Lessif moved Item 28 up on the agenda as many residents from Trottier Phase 1 Subdivision were in attendance. OPERATIONS 28. OPS14-07 Reconstruction of Trottier Phase 1 Subdivision ~ Presented By: Steve Lund, Director of Operations Melinda Evans addressed council with respect to the petition she circulated among the residents of Ridge Boulevard. Staff was directed to provide a report to council detailing the funding opportunities available for this project, including project scope and feasibility. Additional concerns with respect to grading of neighbouring properties on Ridge Boulevard were raised by Jeremy Stockmans. Staff to investigate the grading issue that Mr. Stockmans spoke to. Residents adjacent to Mr. Stockmans' property to contact the Director of Operations with their grading concerns. Page 3 MINUTES: Meeting for the Committee "Open Council" CLERK 20. CL 14-09. Vacant Seat on Council ~ Presented By: Donna Wilson, Town Clerk Resolution No. 5: Moved by: Councillor Stephenson Seconded by: Councillor Beres THAT Council receives Report CL 14-09 Vacant Seat on Council as information. "Carried" DEVELOPMENT & COMMUNICATIONS 21. DCS 14-13 A & W Noise -Sound Barrier and MOE Investigation Presented By: Geno Vanhaelewyn, Chief Building Official ~ DCS 14-13_A & W Noise -Sound Barrier and MOE lnvestigation.pdf 'm -m DCS 13-77 _Noise bylaw issues A & W and Allen Street Citizens.pdf Sound Barrier Quotation Guidelines.pdf ~ MOE Correspondence.pdf Mr. Andrew Brndjar (111 Allen Street) requested Council provide a sound barrier for noise concerns. The lands are private property which Council has no control over. Staff to report back to Council regarding the possibility of partnering with area residents, neighbours, the property owner, A & W owner and A & W corporate regarding a sound barrier wall. Resolution No. 6: Moved by: Stephenson Seconded by: Councillor Beres THAT council receives Report DCS 14-13 A & W Noise-Sound Barrier and MOE Investigation, as information. "Carried" 22. DCS 14-17 Report-Clean Yard By-Law ~ Presented By: Geno Vanhaelewyn, Chief Building Official Council suggest there should be an appeals committee, such as found in the Property Standards By-law. Resolution No. 7: Moved by: Councillor Beres Seconded by: Councillor Klein THAT Council receive Report DCS 14-17 Clean Yard By-Law for information; and Page 5 MINUTES: Meeting for the Committee "Open Council" FINANCE purposes of raising the profile of the event and obtaining a Special Occasion Permit under the Alcohol and Gaming Commission of Ontario application process; AND THAT the Lake Lisgar Revitalization Project Committee and the Tillsonburg Sea Scouts be given permission to operate a motorized watercraft on Lake Lisgar is part of the Turtlefest events and as provided for under Paragraph 2 of Bylaw 2619. "Carried" 26. FIN 14-15 2013 Reconciled Contract Policing Costs -OPP-April14. 2014 ~ Presented By: Darrell Eddington, Director of Finance Resolution No. 11 : Moved by: Councillor Renaud Seconded by: Councillor Klein THAT Council receives report FIN 14-15 2013 Reconciled Contract Policing Costs-OPP; AND THAT $126, 723 be contributed to reserves to be utilized for policing costs. "Carried" 27. FIN 14-13 Credit Card Processing Fees-April14. 2014 ~ Presented By: Darrell Eddington, Director of Finance Resolution No. 12: Moved by: Councillor Renaud Seconded by: Councillor Klein THAT Council receive Report FIN 14-13 Credit Card Processing Fees; AND THAT Council consider By-Law 3808 for three readings to formalize the existing fee for payment card processing services with respect to utility payments. "Carried" PARKS & RECREATION SERVICES 29. PRS 14-07 Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts ~ Presented By: Rick Cox, Director of Parks Recreation Resolution No. 14: Moved by: Councillor Getty Seconded by: Councillor Rosehart THAT Council receives Report PRS 14-07 Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts for 2014 through 2018; AND THAT Council awards grass cutting contracts for 2014-2018 as follows: Page 7 MINUTES: Meeting for the Committee "Open Council" 33. Community Sustainability Plan (CSP) Ad Hoc Committee ~ Resolution No. 18: Moved by: Councillor Klein Seconded by: Councillor Beres THAT Council receive the correspondence from the Clerk of the County of Oxford; AND THAT Council nominate Councillor Mel Getty to the Community Sustainability Plan (CSP) Ad Hoc Committee which is comprised of eight members representing all Area Municipalities. "Carried" 34. CL 14-10, Royal Canadian Air Cadets' Annual Tag Day Fundraiser !g) Resolution No. 19: Moved by: Councillor Beres Seconded by: Councillor Klein THAT Council receive Report CL 14-10, Royal Canadian Air Cadets' Annual Tag Day Fundraiser; AND THAT the request from 153 Varnavair Squadron Royal Canadian Air Cadets, to conduct their annual Tag Days May 2-3, 2014, in the Town of Tillsonburg, be approved. "Carried" NOTICE OF MOTION BY-LAWS 35. By-Laws for the Meeting of April 14. 2014 Resolution No. 20: Moved by: Deputy Mayor Renaud Seconded by: Councillor Klein THAT By-Law 3808, to establish a service fee for Payment Card Processing Services, !g) By-Law 3809, to appoint a Deputy Clerk for the Town of Tillsonburg, jg) By-Law 3812, to authorize grass cutting and garden bed maintenance agreements, ~ By-Law 3813, to amend Zoning By-Law 3295, 2 Vance Drive, and ~ By-Law 3811, to confirm the proceedings of Council at its meetings held on the 14th day of April, 2014, be read for a first and second time and this constitutes the first and second reading thereof. [g) "Carried" Resolution No. 21: Moved by: Deputy Mayor Renaud Seconded by: Councillor Klein THAT By-Law 3806, to enter into an Agricultural Lease Agreement with Paul Boesterd, ~ By-Law 3808, to establish a service fee for Payment Card Processin~_Services , ~ By-Law 3809, to appoint a Deputy Clerk for the Town of Tillsonburg, ~ By-Law 3812, to authorize grass cutting and garden bed maintenance agreements,~ Page 9 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2013 Draft Financial Statements FIN 14-18 DARRELL EDDINGTON COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: DRAFT FINANCIAL STATEMENTS RECOMMENDATION THAT Council receives report FIN14-18 2013 Draft Financial Statements; AND THAT the Financial Statements for the year ended December 31, 2013 and the 2013 Independence and Management Letters be received by Council as information. EXECUTIVE SUMMARY To provide Council with the 2013 Draft Financial Statements and the 2013 Independence and Management Letters. BACKGROUND The Auditor, Christene Scrimegeour, will be presenting the 2013 Draft Financial Statements and the 2013 Independence and Management Letters to Council. FINANCIAL IMPACT /FUNDING SOURCE The 2013 surplus previously reported to Council at the meeting of March 10, 2014 was $391,365. During the year end process, the following financial adjustments were made resulting in a 2013 final audited surplus of $463,281: CAO [DRAFT] TOWN OF TILLSONBURG DECEMBER31.2013 CONSOLIDATED FINANCIAL REPORT Statement 1 TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF FINANCIAL POSITION DECEMBER 31. 2013 (with comparative balances as at December 31, 2012) 2013 2012 FINANCIAL ASSETS Cash $ 3,759,928 $ 2,063,760 Investments (note 7) 31,143 25,545 Taxes receivable 1,052,328 1,224,770 Accounts receivable 1,419,227 1,302,669 Due from unconsolidated entities (note 14) 142,844 933,076 Other long term assets (note 5) 1,866,601 1,883,052 Investment in Tillsonburg Hydro Inc. (note 12) 8.202.581 8.155.888 16.474,652 15.588.760 LIABILITIES Accounts payable and accrued liabilities 2,260,233 1,835,983 Other current liabilities 1,269,807 1,606,653 Accrued employee benefits (notes 8 and 13) 249,380 270,460 Deferred revenue (note 9) 1,095,900 975,733 Long term debt (note 1 0) 11.938.049 13.971.633 16.813.369 18.660.462 NET FINANCIAL ASSETS (LIABILITIES) (338.717) (3.071.702) NON-FINANCIAL ASSETS Tangible capital assets -Schedule 1 53,998,398 54,665,944 Capital work in progress 177,163 1,496,907 Inventories 28,435 38,965 Prepaid expenses 333.397 4 877 54,537,393 56.206,693 ACCUMULATED SURPLUS-Statement 2 $ 5421982676 $ 5321342991 The accompanying notes are an integral part of these financial statements. TOWN OF TILLSONBURG CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31. 2013 (with comparative balances for the year ended December 31, 2012) NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures -Statement 2 Non-cash changes to operations Amortization Loss on disposal of tangible capital assets Net change in non-cash operating balances (A) Net change in cash from operating activities CAPITAL Acquisition oftangible capital assets Decrease (increase) in work in progress Decrease (increase) in other non-financial assets Net change in cash from capital activities INVESTING Net change in investment in Tillsonburg Hydro Inc. (note 12) FINANCING Net change in long term debt Net change in cash and cash equivalents during the year Cash and cash equivalents, beginning of year CASH AND CASH EQUIVALENTS, END OF YEAR COMPRISED OF: Cash Investments $ 1,063,685 2,402,640 720,334 1.049.058 5.235,717 (2,455,428) 1,319,744 (317.990) (1.453.674) (46.693) (2.033.584) 1,701,766 2.089.305 $ 3.791.071 $ 3,759,928 31 143 $ 3.791.071 Statement 3 $ 1,977,753 2,408,561 890,568 (685.633) 4.591.249 (2,250,029) 603,564 (3.865) (1 .650.330) (574.026) (1.335.903) 1,030,990 1.058.315 $ 2s089s305 $ 2,063,760 25,545 $ 2.089.305 (A) Non-cash operating balances includes taxes and accounts receivable, due from unconsolidated entities, accounts payable and accrued liabilities, other current liabilities, accrued employee benefits and deferred revenue. The accompanying notes are an integral part of these financial statements. TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2013 The Town of Tillsonburg is a Town in the Province of Ontario, Canada. It conducts its operations guided by the provisions of provincial statutes such as the Municipal Act, Municipal Affairs Act and related legislation. 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the Town of Tillsonburg are prepared by management in accordance with generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Canadian Institute of Chartered Accountants. The focus ofPSAB financial statements is on the financial position of the Town and changes thereto. The Statement of Financial Position reports financial assets and liabilities. Financial assets are available to provide resources to discharge existing liabilities or finance future operations. Net financial assets represent the financial position of the Town and is the difference between financial assets and liabilities. This information presents the Town's overall future revenue requirements and its ability to finance activities and meet its obligations. The following outlines the significant accounting policies: (a) Reporting Entity These consolidated statements reflect the assets, liabilities, revenues, expenditures and accumulated surpluses and changes in investment in non financial assets of the Town of Tillsonburg. The reporting entity includes the activities of all committees of Council and the following boards, municipal enterprises and utilities which are under the control of Council: Tillson burg Public Library Board (20 12) Tillsonburg Business Improvement Area Board of Management All interfund assets and liabilities and revenues and expenditures have been eliminated. During 2013, the operations of the Tillsonburg Public Library Board were transferred to the County of Oxford. The following local boards, joint local boards, municipal enterprises and utilities are not consolidated: Tillsonburg Waterworks Department Tillsonburg Sanitary Sewer Department Government business enterprises are separate legal entities that do not rely on the Town for funding. Investments in government business enterprises are accounted for using the modified equity method. Tillsonburg Hydro Inc. is a government business enterprise and the Town's investment in this corporation is reflected in these financial statements. TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2013 1. Significant Accounting Policies continued (e) Non-Financial Assets continued The Town has a capitalization threshold of$ 5,000 to $ 25,000, depending on the nature of the assets, so that individual assets of lesser value are expensed unless they are pooled because collectively they have a significant value. Leases are classified as capital or operating leases. Leases which transfer substantially all of the benefits and risks incidental to ownership of property are accounted for as capital leases. All other leases are accounted for as operating leases and the related lease payments are charged to expense as incurred. Tangible capital assets received as contributions are recorded at their fair value at the date of receipt. The fair value is also recorded as contributed revenue. (f) Inventories Inventories held for consumption are recorded at the lower of cost or replacement cost. (g) Revenue Recognition Government grants and transfers are recognized in the financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. (h) Deferred Revenue Grants, contributions and other amounts are received from third parties pursuant to legislation, regulation or agreement and may only be used in the conduct of certain programs, in the completion of specific work, or for the purchase of tangible capital assets. In addition, certain user charges and fees are collected for which the related services have yet to be performed. Revenue is recognized in the period when the related expenditures are incurred, services performed, or the tangible capital assets are acquired. (i) Financial Instruments Financial instruments of the Town consist mainly of cash, investments, accounts and taxes receivable. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31. 2013 6 Pension Agreements The Town makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of members of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of services and rates of pay. The amount contributed to OMERS for 2013 was$ 572,526 (2012-$ 512,407) for current service and is included as an expenditure on the Consolidated Statement of Operations. 7. Investments Investments of $31,143 (2012 - $ 25,545) are recorded at their cost and are short-term in nature. Investments consist of money market funds, which have a market value approximating cost. 8. Liability for Vested Sick Leave Benefits Effective January 1, 2000, the sick leave benefit plan was replaced by a short term protection plan. Accumulation of sick leave benefits ceased December 31, 1999. Employees with accumulated sick leave benefits are entitled to receive payment of a maximum of fifty percent of their accumulated sick leave benefit as of December 31, 1999. Payments cannot be made in excess of 130 days. The liability for these accumulated days, to the extent that they have vested and could be taken in cash by the employee, approximated$ 37,249 (2012-$ 36,214) at the end of the year. The full amount of this liability has been accrued on the Consolidated Statement of Financial Position. Anticipated payments in 2014 and subsequent years are not determinable at this time. 9. Deferred Revenue A requirement of the public sector accounting principles of the Canadian Institute of Chartered Accountants, is that obligatory reserve funds be reported as deferred revenue. This requirement is in place as provincial legislation restricts how these funds may be used and under certain circumstances these funds may possibly be refunded. The balances in the obligatory reserve funds of the Town are summarized as follows: Development charges Deferred operating revenues $ 776,888 $ 269.012 $ 1.045.900 $ 771,148 204.585 975.733 During 2013, the Town transferred the library development charges to the County of Oxford. TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31. 2013 11. Accumulated Surplus The accumulated surplus on the Consolidated Statement of Financial Position at the end of the year are comprised of the following: Operating surpluses (deficits) -Revenue fund Invested in tangible capital assets Investment in Tillsonburg Hydro Inc. (note 12) Reserves set aside for specific purpose -for acquisition of capital assets and general purposes Accumulated surplus $ 463,281 $ 211,598 41,561,611 41,031,618 8,202,581 8,155,888 3.971.203 3.735.887 $ 54.198.676 $ 53.134.991 TOWN OF TILLSONBURG NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2013 12. Investment in Tillsonburg Hydro Inc. Statements of Comprehensive Income and Retained Earnings: 2013 2012 Power revenue $ 20,128,436 $ 17,676,325 Cost of power 20.128.436 17.676.325 Gross margin Distribution revenue 3,996,600 3,307,971 Net non-utility revenue 25,919 133,973 Expenditures 3.406.952 2.650.441 Net operating revenue 615,567 791,503 Provision for taxes 68 874 67 477 Net earnings for the year, before dividends 546,693 724,026 Dividends 300,000 150,000 Return of capital 200.000 Net change in investment in Tillsonburg Hydro Inc. $ 46 693 $ 574.026 Opening, Investment in Tillsonburg Hydro Inc. $ 8,155,888 $ 7,581,862 Net change in investment in Tillsonburg Hydro Inc. 46 693 574.026 Closing, Investment in Tillsonburg Hydro Inc. $ 8.202.581 $ 8.155.888 13. Post Em2loyment Benefit Liability Included in the accrued employee benefits is an amount for post employment benefits of $82,857 (2012-$85,402). The Town provides certain employee benefits which will require funding in future periods. An internal estimate of future liabilities was completed and forms the basis for the estimated liability reported in these financial statements. Land COST Balance, beginning of year $ 1,881,721 Add: Additions during the year Less: Disposals during the year Balance, end of year 1.881.721 ACCUMULATED AMORTIZATION Balance, beginning of year - Add: Amortization during the year - Less: Disposals during the year Balance, end of year NET BOOK VALUE OF TANGIBLE CAPITAL ASSETS $ 1,881,721 ..._ -- '---- TOWN OF TILLSONBURG SCHEDULE OF CONSOLIDATED TANGIBLE CAPITAL ASSETS DECEMBER 31, 2013 (with comparative balances as at December 31, 2012) Buildings & Furniture& Computer Transportation Roads& Fixtures Eguil!ment Hardware Eguil!ment Bridges $ 21,577,028 $ 232,049 $ 869,883 $ 5,738,387 $ 54,510,677 74,678 8,144 52,961 94,691 686,926 (647 426) (115189) 1156 144) II 76 169) (289 911) 21.004.280 125.004 766.700 5.656.909 54.907.692 6,597,827 115,442 626,946 3,537,041 20,289,258 471,773 10,485 117,187 347,684 1,228,767 ___i290 641) (49 471) _C_l_S_&JAA) 1176 169) 1114000) 6.778.959 76.456 587.989 3.708.556 21.404.025 $ 14,225,321 $ 48,548 $ 178,711 $ 1,948,353 $ 33,503,667 This schedule is provided for information purposes only. Schedule I Communication Other 2013 2012 Eguil!ment Eguil!ment Total Total $ 54,213 $ 4,093,194 $ 88,957, 152 $ 87,976,791 1,509,963 28,065 2,455,428 2,250,029 II 113 856) (2 498 695) (] 269 668) 1.564.176 3.007.403 88.913.885 88.957.152 54,194 3,070,500 34,291,208 32,261,747 39,471 187,273 2,402,640 2,408,561 (991 936) (I 778 361) (379 100) 93.665 2.265.837 34.915.487 34.291.208 $ 1,470.511 $_7-"J~566 $ 53,998,398 $ 54.665.944 () ) ( [DRAFT] TOWN OF TILLSONBURG WATERWORKS DEPARTMENT DECEMBER 31, 2013 FINANCIAL STATEMENTS TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2013 (with comparative balances as at December 31, 2012) CURRENT Accounts receivable LIABILITIES Due to Town ofTillsonburg (note 2) Due to County of Oxford NET FINANCIAL ASSETS (LIABILITIES) NON-FINANCIAL ASSETS Inventory ACCUMULATED SURPLUS-Statement 2 618.100 618,100 185,589 534.090 719 679 (101,579) 101 579 $.===N=I=L The accompanying notes are an integral part of these financial statements. Statement 1 429 047 429,047 360,397 142.505 502.902 (73,855) 73 855 $===N=I=L TOWN OF TILLSONBURG WATERWORKS DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2013 (with comparative figures for the year ended December 31, 2012) NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures -Statement 2 Cash, beginning of year CASH, END OF YEAR $ NIL NIL $.===N:::::I::L Statement 3 $ NIL NIL $===N=IL:: The accompanying notes are an integral part of these fmancial statements. ) ) TOWN OF TILLSONBURG WATERWORKS DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2013 The Town ofTillsonburg Waterworks Department is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Waterworks system was assumed by the County of Oxford. 1. Accounting policies The financial statements of the Town of Tillsonburg Waterworks Department are the representation of the Department prepared in accordance with generally accepted accounting policies as recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants. The significant accounting policies are summarized as follows: (a) Reporting entity The financial statements reflect the assets, liabilities, revenues and expenditures and accumulated surplus of the Department. (b) Basis of accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. (c) Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenues over expenditures, provides the change in net fmancial assets for the year. (d) Tangible capital assets The Department does not own any tangible capital assets. (e) Financial instruments Financial instruments of the Department consist mainly of accounts receivable and Due from (to) County of Oxford and Due from (to) Town of Tillsonburg. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. ( J [DRAFT] TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT DECEMBER 31, 2013 FINANCIAL STATEMENTS TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2013 (with comparative balances as at December 31, 2012) 2013 CURRENT Accounts receivable $ 538,008 Due from Town ofTillsonburg (note 2) 538.008 LIABILITIES Due to Town ofTillsonburg (note 2) 19,246 Due to County of Oxford 518.762 538.008 NET FINANCIAL ASSETS NIL ACCUMULATED SURPLUS-Statement 2 $ NIL $ $ The accompanying notes are an integral part of these financial statements. Statement 1 2012 377,571 377 571 86,926 290.645 377 571 NIL NIL TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2013 (with comparative figures for the year ended December 31, 20 12) 2013 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures -Statement 2 $ NIL Cash, beginning of year NIL CASH, END OF YEAR $ NIL The accompanying notes are an integral part of these financial statements. Statement 3 2012 $ NIL NIL $ NIL TOWN OF TILLSONBURG SANITARY SEWER DEPARTMENT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2013 The Town of Tillsonburg Sanitary Sewer Department is a municipal enterprise in the Province of Ontario, Canada. Its operations are governed by the provisions of provincial statutes. Effective January 1, 2000, responsibility for the Sanitary Sewer system was assumed by the County of Oxford. 1. Accounting policies The financial statements of the Town of Tillsonburg Sanitary Sewer Department are the representation of the Department prepared in accordance with generally accepted accounting policies as recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants. The significant accounting policies are summarized as follows: (a) Reporting entity The financial statements reflect the assets, liabilities, revenues and expenditures and accumulated surplus of the Department. (b) Basis of accounting Revenues and expenditures are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. (c) Tangible capital assets The department does not own any tangible capital assets. (d) Financial instruments Financial instruments of the Department consist mainly of accounts receivable and Due from (to) County of Oxford and Due from (to) Town of Tillsonburg. The carrying values of these financial assets approximate their fair values unless otherwise disclosed. [DRAFT J TOWN OF TILLSONBURG TRUST FUNDS DECEMBER 31, 2013 FINANCIAL STATEMENTS FINANCIAL ASSETS Bank Investments (note 2) TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2013 (with comparative balances as at December 31, 2012) $ Due from Town ofTillsonburg 382,550 780,000 29 770 1.192.320 LIABILITIES Accounts payable and accrued liabilities NET FINANCIAL ASSETS 1.192.320 $ 1,069,547 68,300 1.137.847 5 667 5 667 1.132.180 ACCUMULATED SURPLUS (note 4) $ 1.192.320 $ 1.132.180 The accompanying notes are an integral part of these financial statements. Statement 1 Statement 3 TOWN OF TILLSONBURG TRUST FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31~ 2013 (with comparative balances for the year ended December 31, 20 12) 2013 2012 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES: OPERATING Excess revenues over expenditures -Statement 2 $ 60,140 $ 148,779 Change in non-cash operating balances Due from Town ofTillsonburg (29,770) Accounts payable and accrued liabilities (5.667) (176.800) Cash provided (used) by operating transactions 24,703 (28,021) INVESTING Repayment oflong-term financing (18.500) Increase (decrease) in cash 24,703 (46,521) Cash, beginning of year 1.137.847 1.184.368 CASH, END OF YEAR $ 1.162.550 $ 1.137.847 CONSISTS OF: Bank $ 382,550 $ 1,069,547 Investments 780.000 68.300 $ 131623550 $ 131373847 The accompanying notes are an integral part of these financial statements. TOWN OF TILLSONBURG TRUST FUNDS NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2013 4. Accumulated surplus The accumulated surplus of the trust funds is comprised ofthe following: 2013 Cemetery Perpetual Care $ 807,846 Annandale House 112,638 Cemetery Maintenance 80,537 Community Trust Fund 58,898 Parkland (note 3) 41,207 Scholarship Trust Fund 38,238 Cemetery Prepaid Costs 32,016 Lake Lisgar Revitalization 20,940 J.Scott $ 1~192~320 2012 $ 787,540 105,779 90,654 52,923 41,215 38,372 12,396 3 301 $ 1~132~180 During 2012, the Town consolidated several of the smaller trust funds into larger trust funds. The consolidation was completed subsequent to year end by consolidating J. Scott into the Community Trust Fund. Apri128, 2014 Members of Council Corporation of the Town of Tillsonburg 10 Lisgar Avenue Tillsonburg, Ontario N4G 5A5 Dear Sirs: COMPANY I have completed my audit of the financial statements of the Corporation for the year ending December 31, 2013 and would like to take this opportunity to address the following areas that I believe the Town should consider in order strengthening its accounting systems. These comments are not intended to reflect on the integrity of your employees, but are intended to provide recommendations to improve your systems. Deposits The Town holds deposits from customers for various development purposes. These deposits are recorded as a liability and are returned to the contributing developer or individual upon completion of specific requirements or recorded as revenue to offset costs incurred by the Town. The Town has a detailed listing of these deposits, however several of these deposits have been held for many years with little or no activity. I recommend developing a policy for evaluating these deposits, on a regular basis to determine if the conditions have been met for refund or if the deposits can be recorded as income to compensate the Town for work the Town has completed. Payroll The Town records an accrual in the accounting records for hours that are owed to employees for overtime. At the year end, the value of these hours can be carried over to the next year. However, there is no approval function in place as to the maximum number of hours or how this approval is to be documented. The Town should develop a policy to set out the terms and conditions for the approval of overtime hours that are carried from one year to the next. Sincerely, ~~j~ Christene A. Scrimgeour, CPA, CA, BA Scrimgeour & Company, Chartered Accountant .. Suite 950,495 Richmond Street London, Ontario N6A 5A9 • Phone: 519-672-6811 Fax: 519-672-9757 SCRIMGEO April 28, 2014 Members of Council Corporation of the Town of Tillsonburg 10 Lisgar Avenue Tillsonburg, Ontario N4G5A5 Dear Sirs: COMPANY I have been engaged to audit the financial statements of the Town of Tillsonburg for the year ending December 31, 2013. These include the Library Board, Waterworks and Sanitary Sewer Departments and Trust Funds. Canadian generally accepted auditing standards requires that I communicate at least annually with you regarding all relationships between the Town and myself that, in my professional judgment, may reasonably be thought to bear on my independence. In determining which relationships to report, the standards require me to consider relevant rules and related interpretations prescribed by the appropriate provincial institute/order and applicable legislation, covering such matters as: • Holding a fmancial interest, either directly or indirectly, in a client; • Holding a position, either directly or indirectly, that gives the right or responsibility to exert significant influence over the financial or accounting policies of a client; • Personal or business relationships of immediate family, close relatives, partners or retired partners, either directly or indirectly, with a client; • Economic dependence on a client; and • Provision of services in addition to the audit engagement I am not aware of any relationship between the Town and myselfthat, in my professional judgment, may reasonably be thought to bear on my independence, that have occurred from January 1 to December 31,2013. Canadian generally accepted auditing standards require that I confirm my independence to management or persons having oversight responsibility for the financial reporting process. However, since the Rules of Professional Conduct of the Institute of Chartered Accountants of Ontario deal with the concept of independence in terms of objectivity, my confirmation is to be made in that context. Accordingly, I hereby confirm that I am objective with respect to the Town within the meaning of the Rules of Professional Conduct ofthe Institute of Chartered Accountants of Ontario as of April28, 2014. Suite 950, 495 Richmond Street London, Ontario N6A 5A9 • Phone: 519-672-6811 Fax: 519-672-9757 ) The Corporation of the Town of Tillson burg MEMO TO: Members of Council FROM: DATE: Bob Marsden, Chair, Heritage, Beautification & Cemeteries Advisory Committee 2014-Apr-23 RE: Replacement sign at Tillsonburg Cemetery Members of Council: At a meeting of the Heritage, Beautification & Cemeteries Advisory Committee on April17, 2014, the following resolution was passed: "BE IT RESOLVED THAT the Heritage, Beautification and Cemeteries Committee supports option #1, which features a black background with white lettering on both sides of the stair case, for the renewed Tillsonburg Cemetery Sign design. " The Committee recommends that this Council authorize staff to proceed with the new signage as shown in Option #1 ofthe attached page of mock-ups. This recommendation is the culmination of a long process which included a public survey to find out what our community would like to see happen with the signage at the Cemetery. Our committee feels the final design is respectful, dignified, and consistent with the past, but will also be easy to maintain. Staff have told us that the lettering will be made out of graffiti-resistant, low-maintenance Alumacore and will be attached to the ground with an angled frame for best visibility. There will be a cedar hedge along the top, a row of armour stone along the bottom, and the background will be black mulch or black lava rock. Respectfully Submitted, Robert Marsden, Chair Heritage, Beautification & Cemeteries Advisory Committee /attachments: Cemetery sign versions April23, 2014 Ms. Donna Wilson, Town Clerk Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA 7 Dear Ms. Wilson: On behalf of the Footprints in the Sand Committee, we would like to make a presentation to Council on May 28th or as soon as possible to provide Council and the public with information on the Footprints in the Sand 50th Anniversary Celebrations that will be running in conjunction with Turtlefest this June. Margaret Fishback Powers, recognized as Tillsonburg's Favourite Daughter in 2001, is celebrating the 50th anniversary of the story behind "Footprints in the Sand" the world renowned poem she wrote. The theme for this celebration is "My Town: A Reflection of 50 Years." In honour of this occasion, Margaret will be hosting and speaking at various events during the Turtlefest weekend beginning with an Open House at the Footprints Museum & Heritage Home in Tillsonburg on Friday, June 13th. On Saturday, June 14th there will be a "Best Foot Forward for Others Walk-a-thon" around Lake Lisgar benefiting the Blossom Garden Orphanage in Jamaica and the Arthritis Society. During the afternoon she is having a book signing at Annandale National Historic Site where the winners of the 9th Annual Footprints in the Sand Poetry and Prose contest winners will be announced. The events that day will culminate in a Footprints Gala Evening dinner and live auction with guest speakers and entertainment at the Community Centre. We are pleased to announce the proceeds ofthe live auction will support Tillsonburg's Upper Deck Youth Centre. Thank you very much for your consideration and I look forward to hearing from you. Sincerely, Irene Hurley Footprints in the Sand Committee (519) 550-3461 lift1~·-fardCou,~~ ... r ~OW,l~g stranger. •• toge;ther Community and Strategic Planning P. 0 . Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcountv.ca Our Files: A-02/14 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April28, 2014 REPORT NUMBER: 2014-101 OWNER: Daryl Malcolm & Lorna Law 63 Denrich Avenue, Tillsonburg, Ontario VARIANCES REQUESTED: Relief from Section 5.1, Table 5.1.1.4 -Regulations for Accessory Buildings and Structures, to increase the maximum lot coverage of an accessory building from 50 m2 (538.2 ff) to 67 m2 (720 ff) to facilitate the construction of a detached accessory building on the subject lands. LOCATION: The subject lands are described as Lot 56, Plan M60, in the Town of Tillsonburg. The subject property is located on the north side of Denrich Ave, west of Howe Ave, and is known municipally as 63 Denrich Avenue. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN : Schedule 'T-1' Town of Tillsonburg Land Use Plan Residential Schedule 'T-2' Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: SURROUNDING USES: Low Density Residential Type 1 Zone (R1) surrounding uses include single detached dwellings and vacant low density residential land to the west. File Number: A 02-14 Report Number 2014-1 01 Page 3 The applicant is proposing to replace the existing accessory building with a larger detached garage with a proposed lot coverage of 67 m2 (720 ft2). The total accessory building lot coverage will equate to 8% of total lot area. Staff are satisfied that the additional lot coverage will not affect the ability of the site to provide adequate space for off-street parking, grading, drainage, and amenity area. (e) Desirable Development/Use: Notwithstanding that the requested size of the proposed accessory structure is larger than what is typically permitted, in this case, Planning staff are satisfied that the proposed accessory structure is in keeping with the general purpose and intent of the Official Plan and Zoning By- law, and is desirable development for the subject lands. In addition, the design of the proposed structure, as provided by the applicant, is in keeping with the characteristics of the surrounding residential uses and is not anticipated to have a negative effect on neighbouring property owners as it will be in a similar location as the existing accessory building which is proposed to be removed. In light of the foregoing, it is the opinion of this Office that the requested relief maintains the general intent of the Official Plan and the Zoning By-law and can be given favorable consideration. ~ ~ ~ 0 19 ~ Plate 1 -Location Map (with Existing Zoning and Parcel Lines) File No.: A-02/14-Daryl Malcolm & Lorna Law 38Meters Lot 56, Plan M-60, Town of Tillson burg-63 Denrich Ave 0 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey April 21, 2014 Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood ~ Flood Fringe ~ :::<:: a:< ~~ Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Li + t 100 Year Flood Une .t.. 30 Metre Setback e e Conservation Authority Regulation Li e • Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1 :~ Road Restriction/Closures 1 I Mun. No. 63 T/I'ON•39.112 Mun. No. 61 "" ) • T/tON-315>70 .,.-l'lU.ii,r----,.,~ ... l-----=-=-:::."-1\--;-J.if t -~ ¥4' -· ··- ~ • CQNCR£ll ' 111 /JIJJE5: I. SWALE OM MUN. NO. 63/65 D .~ ~ . 0 LOT UN£ TO -BE OFFSET tlit; It AS!'IIAI::r~" _,,L---~-~.,~1..,4·le~-_-'8'.JHA!.T . -I ;1~ MAX Jt I SIDE SLOP£. )! tz. 2. OWNERS OF t.IUN. NO. 65 .ARE AGREEAaLt 1'0 IAINM M:-GRAiliNG . ON 1HEIR PROPERTY TQ IMPROVE -· ~ • ./__ __ $ ORAII'!IAClE. . REVIEWED APH 14 l.UI4 DliNi:UCH AVE. PER CHIEF BUILDING OFFICIAL ~ 11-iiS PLAN REPRESENTS A PROPOSED GARAGE LOCAnON. J IT SHOULD NOT BE RELIED UPON AS CERTIFICA nON 1HAT ~ THE GARAGE WAS ACTUALLY ERECTED AS SHOWN. . IJtOEi. DET~LED LOT GRADING DESIGN WAS iNinA'I'ED IN AUTOCAD ~D COt.IPI.ETEO BY MANUAl. ORAF'nNG. USE OF THIS £LECTRONIC BASE MUST BE IN CONJUNCnON WllH A SIGNED i:()I>Y OF 1Hir ¥"PROVED LOT DEVELOPIAENT PLAN. GRADING PLAN FOR GARAGE EXlSllHC CROUNO EI.EVAnCN PROPOSED r!NAL GROUND ELEVA nON TREE TOWN OF llU.SONBURG ~ BUILDING DEPARTMENT -----CASUAIII -6-HYll!Wil )( .._.... UGHT STANOARD, unuTY POl£ aD. EXISnNG CATCHBASIH, PROPOSfD ...-----_=~~OF SURrACE RUNOFl', ...,.-- - -, ~~nr OF SUIIFAC£ RUNOFF. AOD 200.00 TO ElEVA nONs TO OBTAIN GEODEnC DATUM ~~~t~ :W~iril'\,i~~~.P.tl.fiP, .. L..... PREPARED BY : CYRIL .l «MEI'ERE UAIITED ·A·~':?JX ..• BY; -~.--·~-· ••••• 9._1_.'1JW_._·_· .. --.-.. --r. __ =-.~.:.·::·.·.:·.·_::: IAUNIDPiL ADDRESS: "'' D~'N"'CH A'"' ANDREW Gll'IESY P. ENG ............................... .. I-LQ,.-T~No..;i.f:i?,...-l~0-1,,...~S---·~--~""~·~·:~~,-m-N::_;·~MT:;~·Q~-----··-+;_Dt.;.;I£:;;,;;·-:.;; .. ;:,;'!J:;: .. Ff&:.;: .. ;:,;--20:;: .. !:.;:~-;:,;--:;:-·:;:··;:,;--:;:·--:.;:--;;_· -~--I-DA-T£_'·-------·------·:_ .. '26J._;".;,;."';.,f!JJh;,.: .. .;,;.· .:;,;"9-:;~:,;;;·.:;,;·'f.D;.:,: .. .;,;.·!·.:;,;f;.:,: .. .;,;."'.:;,;".;,;.".;,;."--1 DR~\'il>j B~ 11'11 SCALE: 1:200 CJI)l CHECKED BY: AO DATE: 26 fEB 2014 No. RE'I!SION BY DA'I!: JOB Ho: 1300•57 Consulting Engtn..,. Plate 3 -Applicant's Sketch File No.: A-02/14-Daryl Malcolm & Lorna Law Lot 56, Plan M-60, Town of Tillsonburg-63 Denrich Ave File: A-02114 Date: April17, 2014 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PuBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 ofthe Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday April28, 2014 Time: 6:00pm Location: Town Council Chambers Tillson burg Corporate Offices, Town Centre Mall, 2"d Floor OWNERS: Daryl Malcolm & Lorna Law 63 Denrich Ave Tillsonburg ON, N4G 4X6 LOCATION: APPLICANT/AGENT: Daryl Malcolm 63 Denrich Ave Tillsonburg ON, N4G 4X6 PLAN M60 LOT 56 municipally known as 63 Denrich Ave, Town ofTillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to permit the construction of detached garage. The applicant requires relief from accessory building lot coverage provisions in section 5.1.1.4 (General provisions-Accessory Uses, Buildings and Structures) of zoning bylaw no. 3295. The applicant requires relief from section 5.1.1.4, which states that the maximum allowable size of an accessory building is 538.2 te, while the proposed construction requires a variance to allow a 720 Ie accessory building. You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@county.oxford.on.ca. Yours truly, Lisa VanderWallen Development Technician Tillsonburg Customer Service Centre 10 Lisgar Avenue Tillsonburg ON N4G 5A5 File No. A-02/14 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page I of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday April28, 2014. OWNERS: Daryl Malcolm & Lorna Law 63 Denrich Ave Tillsonburg ON, N4G 4X6 LOCATION: APPLICANT/AGENT: Daryl Malcohn 63 Denrich Ave Tillsonburg ON, N4G 4X6 PLAN M60 LOT 56 municipally known as 63 Denrich Ave, Town ofTillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to permit the construction of detached garage. The applicant requires relief from accessory building lot coverage provisions in section 5.1.1.4 (General provisions-Accessory Uses, Buildings and Structures) of zoning bylaw no. 3295. The applicant requires relief from section 5.1.1.4, which states that the maximum allowable size of an accessory building is 538.2 if, while the proposed construction requires a variance to allow a 720 if accessory building. DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A-02/14, submitted by Daryl Malcolm & Lorna Law, for lands described as Lot 56, Plan M-60, Town ofTillsonburg, as it relates to: 1. Relief from Section 5.1, Table 5.1.1.4-Regulations for Accessory Buildings and Structures, to increase the maximum lot coverage of an accessory building from 50 m2 (538.2 ft2) to 67 m2 (720 ft2) to facilitate the construction of a detached accessory building on the subject lands. Subject to the following conditions: i. That the existing detached accessory building be removed, to the satisfaction of the Town ofTillsonburg Building Services Department; ii. A building permit for the detached accessory building shall be issued within one year of the date of the Committee's decision. Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson AM Associationol B N Municipalities Ontario REA KING EWS April 10, 2014 New AMO Task Force on Police Modernization Advice from AMO OPP Billing Steering Committee The AMO OPP Billing Steering Committee has recommended that a new AMO Task Force be formed to do its own work on the modernization of policing. The AMO Board, at its March 2014 meeting, accepted this advice unanimously and directed that this task force be set up immediately. This new task force will be particularly helpful in providing strategic advice to the AMO representative on the Province's Future of Policing Advisory Committee (FPAC). This task force is to include municipal government and police service board representation from those with own forces and OPP policing. Terms of Reference and composition of the Task Force will evolve over the coming weeks. The OPP Billing Steering Committee firmly believes that long term cost control must be a top priority. Why? Policing per capita spending in Ontario is the highest of any other provincial jurisdiction. In fact, the Ontario municipal police bill alone is larger than the total policing costs in other provinces. The report reinforces advice previously provided to the Province, such as the need for coordinated bargaining and interest arbitration changes. But there are other matters that drive costs and there is a need to look at ways to deliver non-core policing activities differently. $300 $350 • Municipal • Ptovln~lal Annual Per Capita Spending-Policing (2011) Later today the AMO OPP Billing Steering Committee's final report will be provided to the Minister of Community Safety and Corrections Services as well as to all 324 OPP serviced communities. This fulfills the Steering Committee's commitment to provide its report and advice to the government by early April. It will be posted on the AMO website along with other related policing information. Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca, 416-971-9856 ext. 323. 200 University Ave., Suite 801 Toronto ON MSH 3C6 Canada 1 Tel: 416.971.9856 1 fax: 416.971.6191 1 Toll-free in Ontario: 1.877.426.6527 1 amo@amo.on.ca Ministry of Energy OffiCe of the Minister 41h Floor, Hearst Block 900Bay Street Toronto ON M7A 2E1 Tel.: 416-327-6758 Fax:416-327-6754 APR 1 4 7tJ14 His Worship John Lessif Mayor Town of Tillsonburg 200 Broadway 2nd Floor Ministere de I'Energie Bureau du ministre 4"etage, edifice Hearst 900, rue Bay Toronto ON M7A 2E1 Tel. : 416 327-6758 Telae.: 416 327-6754 Tillsonburg ON N4G 5A7 Dear Mayor Lessif: ~ Ontario MC-2014-876 The collective success of Ontario's municipalities is critical to the success of the province of Ontario. However, such successes can only be realized when communities and governments are pulling in the same direction. I thought it would be beneficial to provide you with an update on the initiatives Ontario's government is undertaking today to give municipalities more information and control so they can increase their effectiveness-and take advantage of new opportunities-around local energy planning. Large Renewable Procurement Process Clean energy is one such opportunity. Building clean, reliable and affordable energy in a way that respects communities is our top priority. Since launching the Feed-in Tariff (FIT) program in 2009, Ontario has firmly established itself as a North American leader in renewable energy. This is remarkable progress and Ontario is proud of the role renewable energy is playing in the supply mix. As a result, on June 12, 2013, I directed the Ontario Power Authority (OPA) to end the procurement of large renewable energy projects through the FIT program and to develop a new competitive procurement process to allow for the consideration of future contract awards for cost-efficient and well- supported projects. I asked the OPA to engage with municipalities to help inform the identification of appropriate locations and siting requirements for future renewable energy projects. Building on what we've learned through the success of the FIT program, the new Large Renewable Procurement (LRP) process will provide municipalities with a stronger voice going forward and additional opportunities to participate in the development of renewable energy projects. It will include an initial Request for Qualifications (RFQ) process to qualify applicants, followed by a Request for Proposals (RFP) process to evaluate projects, which can only be proposed by qualified applicants. The RFQ process will include robust qualification criteria that contain a requirement to demonstrate previous community engagement experience. After developers are qualified at the RFQ stage they will be required to work directly with municipalities and Aboriginal communities to satisfy a high bar of community engagement and local support before a contract is awarded . .. ./cont'd -3- To make sure their voices are heard, municipalities will need to actively participate in electricity planning and siting activities. The OPA has started the regional planning process in eight of the province's 21 regions; and will begin work inthe remaining regions in the near future. This is your opportunity to work directly with the OPA, key electricity stakeholders and the public to contribute to planning and identify the right solutions for your communities. I encourage you to visit the OPA website at www.powerauthority.on.ca/power- planning/regional-planning to learn more about current and upcoming regional planning processes. Municipal Energy Plans . . . . . . When it comes to planning, some municipalities may appreciate having more tools at their disposal. Community energy planning supports the sustainability and long-term economic prosperity of Ontario's municipalities. The 2014 Provincial Policy Statement (PPS) includes enhanced policies for promoting energy conservation and efficiency and providing opportunities for the development of renewable energy and alternative energy systems, including district energy. It promotes land-use and development patterns, which maximizes energy efficiency and encourages the long-term consideration of electricity generation facilities and transmission systems. It also promotes healthy liveable communities, wise use of land, com.pact development, transit and active transportation, economic development and investment readiness, all of which are supported by comprehensive energy planning. I would like to encourage all municipalities to apply to the province's Municipal Energy Plan (MEP) Program, which provides up to $90,000 to help Ontario municipalities understand their energy use through a community energy planning process. A MEP aligns energy, the built environment and land use planning. It identifies community-wide energy efficiency and green energy options and supports economic development opportunities. A MEP also supports local conservation, renewable energy, regional energy planning and Ontario's Conservation First policy, Long-Term Energy Plan · (L TEP) and PPS. As well, a MEP will help identify future local generation and/or distribution issues. The ministry will be receiving new applications for the MEP program starting in early May and intake and review will be ongoing. Applications and more information will be available in early May at www.energy.gov.on.ca/en/municipal-energy. These new processes and initiatives-large renewable procurement, regional electricity planning and the Municipal Energy Plan program -are all part of the government's efforts to change and improve how we work together with municipalities on energy issues . .. ./cont'd Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2014 FIRST QUARTER FINANCIAL RESULTS FIN 14-14 DARRELL EDDINGTON COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: 2014 ACTUAL VARIANCES Q1 RECOMMENDATION THAT Council receives report FIN 14-14 2014 First Quarter Financial results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to March 31, 2014 Town wide actual financial results and projections through to December 31, 2014. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the significant variances between 2014 actual results as at March 31, 2014 and the 2014 first quarter budget. The overall Town wide consolidated deficit as at March 31, 2014 is $36,995, and the projected deficit through to December 31, 2014 is $105,000 or .82% of the 2014 requirement from taxation. Questions or comments relative to departmental 2014 Q1 revenues and expenditures and projections through to December 31, 2014 should be referred to the other members of Senior Management for commentary. The Director of Finance notes that the 2014 forecasted annual deficit of $105,000 will not be fully mitigated through vacant labor positions principally in Development and Communication Services and Parks and Recreation Services. There are the following significant items that Finance and the Directors are closely monitoring: • Winter maintenance cost overruns are substantial in Q1. Combined cost overruns through to year end are anticipated to be $120,000. Staff are recommending that , __ "___.- 2014-Quarter 1 2014 Operating & Capital Status Report Budget Ac:tual Variance Sur us Deficit I YTD Budget I YlD Budget YTD Budget YTD Actual YTD Actual YTD Actual Re~~~ue Expe~~~ures ------ym- Revenue Expenditures Net levY Revenue Expenditures Net levy Netlevv Ex lanatlons Council $ $ 50,871 $ 50,871 $ 400 $ 49,283 $ 48,883 $ (400) $ (1,589) $ (1,989) Minimal variances throughout each line Item Customer Service I• 65,439 1 s 57,061 $ (8,378) $ 62,491 $ 67,005 $ 4,514 $ 2,948 $ 9,944 $ 12,892 Net revenue under budget $2,950; Net labour over $8,350-allocation of time between Anance and CSC re the Manager of TaX/CSC; Net Building Exp over $2,600 Protection Is 18,2491 $ s7,s2o 1 $ 49,371 1 Is 26,860 1 s 61,359j $ 34,499j II (8,611)1 $ (6,261)1 $ (14,872)1rt cevenue ovec budget $8,600-mainly due to licensing; Training Exp under $1,400; Subcontractor Exp under $3,100-Animal Development & Communication Services Is 5,001 I$ 106,8321 $ 101,8311 I• 7,550 I$ 79,5041 $ 71,9541 Is (2,549)1 $ (27,328)1 $ (29,877)~~~~r:'v~~~?;ver budget $2,500; Net labour under budget $33,000-vacant Director position; Legal Costs over budget $5,700 Economic Deveio ment " 63 823 63 823 58 582 58 582 5 241 5 241 Net abour under bud et Finance $ 59,6251 $ 536,586 I s 476,961 I I s 57,4491 $ 521,855 I $ 464,406 I I , 2,1761 $ (14,731)1 $ (12,555) Net Revenue under budget $2,200; Net labour under budget $13,000-Partial Vacant Deputy Clerk and allocation of time from Finance and esc re Manager of "t 70 7941 •IC<r• Pollee 943 605 in2 s11 71 745 944 014 872 269 951 409 542 NA Ace $ 9,849 $ 328,634 $ 318,785 $ 19,109 $ 339,693 $ 320,584 $ (9,260) $ 11,059 $ 1,799 Net revenue over $3,300; Net labour over ~~~~~:~~~!?~:~;n~~~~rance over $4,500- Airport Is 29,931 1, 93,922 1 s 63,9911 1, 43,oo7 I , 109,829 1 s 66,822 I I , (13,076)1 $ 15,9071 $ 2,831 Net Revenue over budget $13,100-Mainly relating to woodlot; Net Building Maintenance over budget $2,400; Special Projects over $15,000 -Payment to LPRC.A. Cemetery 24 619 61 024 36 405 22 667 61 741 39 074 1952 717 2 669 Net Revenue under bud et 2 000· Museum 16 602 70 127 53 525 17 421 72 103 54 682 819 1976 1157 NA Parks & Recreation $ 406,294 I s 1,096,019 I s 689,7251 I s 359,948 I s 1,024,381 I$ 664,433 I I , 46,3461 $ (71,638)1 $ (25,292) Net revenue under $46,300-Programs; Net labour under $44,300-Vacant positions; Netl Supplies under $9,800; HLW under $5,700; Building Repairs and Malnt. under $10,600; EFC 15 744 18 897 3153 15 749 19 029 3 280 5 132 127 NA Roads $ 1621 $ 802,226 $ 802,0641 1 s (0)1 $ 911,2521 $ 911,2521 I s 1621 $ 109,0261 $ 109,188 Net labour over $59,000-winter maintenance; Subcontractor Exp under "6"9,5-551$ (32,625~ T$ !~;5~~~ ~LW over $3,100; Supplies over Parking T• 36,930 $ 70,643 $ 31,5291 $ (39,115)1 $ (1,088) $ (5,401) $ (6,490) Net labour under $8,000; Subcontractor Exp . '"""-.; Solid Waste I' 26,oo1 Is 69,434 I s 43,4331 I, 27,2751 $ 66,3171 $ 39,042 I I s (1,274)1 $ (3,117)1 $ (4,391) Scrap Revenue under $4,200; Net labour under $6,200; Net Bag tags revenue under $2,600; Subcontractor Exp under $3,900- Building $ 51,501 -,---92,569 $ 41,06i" $ 79,865 $ 90,458 $ 10,593 $ {28,364) $ (2,111) $ (30,475) Permit Revenue over $30,000-Annandale •ubll< h Operations Admin $ $ 32,865 $ 32,865 $ $ 34,839 $ 34,839 $ $ 1,974 $ 1,974 Net labour ov~r -t.~:~~O -OT ; All other net En ineerin 62 058 62 058 750 61073 60 323 750 985 1735 .All other net ex ense under 1 700 Enter rise Services 7119 12 369 5 250 731 13 863 6132 612 1494 882 NA Fleet $ 267,951 $ 211,779 $ (56,172) $ 258,860 $ 239,621 $ (19,239) $ 9,091 $ 27,842 $ 36,933 Net labour over $11,500 -OT; Net revenue under $9,600-primarily external parties (Hydro); Fuel & Oil over $8,400; Equipment Supplies & Repairs over $12,400; All other net expenses under $5,000 Taxation requirement: Deflcltf(Surplus) lo 1,144,436 I s 4,815,251 I s 3,670,815 I Is 1,149.521 I $ 4.857.331 I $ 3,707,810 I 1$ {5,085)1 $ 42,080 I $ 36,9951 H:\Finance\Financial Plans\2014\2014 Quarterly Analysis\2014 Actual variances· Q1 4/23/14 ......_, 2014-Quarter 1 tal Status Report Revenue Variance {Surplus)/Deficit YTD Budget YTD Actual Revenue Revenue Variance Recreation Facilities-Concession Rentals 1,800 1,800 - Recreation Facilities-Rentals --- Recreation Facilities-Capital --- Parks & Recreation 406,294 359,948 46,346 TSEC --- EFC 15,744 15 749 (5' Roads-Grants 162 -162 Roads-Mise --- Roads-Capital --- Roads 162 (0) 162 Parking 69,555 70 643 (1,088 Solid Waste 26,001 27 275 (1 274 Building 51,501 79 865 (28 364 Operations Admin --- Engineering -750 (750 Town-Interest -11 (11 Town- Dividend --- Town-Return on Capital --- Town-Fibre Optics 645 645 - Town-Electrical --- Town-Bell --- Town-Rogers Cable --- Town-Water Heaters 5,475 6 108 (633 Town-Sentenel Lights 999 966 33 Enterprise Services 7,119 7,731 . (612 Fleet 267,951 258,860 9,091 Net levy requirement: Deficlt/(Surplus) before Taxation $ (5,085) H:\Finance\Financial Plans\2014\2014 Quarterly Analysis\2014 Actual variances-Q1 4/23/14 \..__ 2014-Quarter 1 ital Status Report Expenditures Surplus)/Deficit YTD Buaget YTD Actual Expenditures Expenditures Variance Parks & Recreation-Fleet 13,278 13,829 551 Parks & Recreation-HLW 127,020 121,366 5,654 Parks & Recreation-Subcon Exp 92,369 89,733 2,636 Parks & Recreation-All other 232,488 222,641 9,847 Parks & Recreation-Capital Parks & Recreation 1,096,019 1,024,381 {71,638) TSEC --- EFC 18,897 19,029 132 Roads-Labour 291,912 351,335 59,423 Roads-Fleet 93,537 95,222 1,685 Roads-HLW 76J99 79,905 3,106 Roads-Consult & Legal --- Roads-Subcon Exp 74,969 34,131 (40,838 Roads-Capital 2,100 10,026 7,926 Roads-All other 262,909 340,633 77J24 Roads 802,226 911,252 109,026 Parking 36,930 31,529 5,401) Solid Waste 69,434 66,317 3,117) Building 92,569 90,458 (2,111) Operations Admin 32,865 34,839 1,974 Engineering 62,058 61,073 (985) Town -Labour 8,721 9,673 952 Town -Fleet 999 3,049 2,050 Town -Material/Inventory 1,500 1,343 (157). Town -All other 1,149 (202) 1,351) Enterprise Services 12,369 13,863 1,494 Fleet 211J79 239,621 27,842 Net levy requirement: Deficlt/{Surplus) before Taxation $ 42,080 H:\Finance\Financial Plans\2014\2014 Quarterly Analysis\2014 Actual variances-Q1 4/23/14 $120,000 2014Ql Net Levy Variances $100,000 ·-- -~ QJ c ... 0 'V;'$80,000 :::J c. :; VI :u;: $60,000 $40,000 $20,000 $· $12,892 $(20,000) +------------1 $(29,877) $(40,000) .L__ H:\Finance\Financial Plans\2014\2014 Quarterly Analysis\2014 Actual variances-Ql $(542) 4/23/14 ... _,. $1,799 $2•831 $2,669 $(25,292) $109,188 Ql Net Deficit $36,995 •Council •CustomerSenrice • Development & Communication Services •EconomlcDtVf'lopment •Finar.ce •Airport •cemelerv •IIREFI •Parks&R«reation • Ro.!.d~ •Parking •Solid Waste •Building •OperationsAdmin •Englnetrlng •Enterprise Services STAFF REPORT FINANCE Title: Report No.: 2014 FIRST QUARTER FINANCE DEPARTMENT RESULTS FIN 14-16 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN 14-16 2014 First Quarter Finance Department results as information. EXECUTIVE SUMMARY To provide Council with the actual January 1, 2014 to March 31, 2014 and the projected Finance Department 2014 financial results. SUMMARY OF OPERATIONAL RESULTS 2014 Business Objectives Objective Target Status Date Development Charges By-Law Q1-Q2 Ongoing and on track. Update -Joint Project with 2014 County Centralize Purchasing Q1 2014-Purchasing for items > $1,000 was 6 month centralized at the beginning of 2014. pilot After the six month pilot is completed, the project will be assessed. Customer Satisfaction Surveys Q1-Q4 Ongoing 2014 Northstar CIS -Upgrade to Q3 2014 Deferred to 2015. version 6.4 Northstar Reports Training Q3 2014 FINANCIAL IMPACT /FUNDING SOURCE Overall the 2014 First Quarter Finance Department variance summary is as follows: 2014 01 Budget vs. 01 Actual Variance Summary Department (under)/over Finance $(12,555) Taxation $0 Customer Service $12,892 Police $(542) Total variances $(205) No significant variances are currently anticipated through to December 31, 2014 except for a Community Improvement Plan anticipated payment relating to 117 Broadway for an estimated $10,000. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature DARRELL EDDINGTON Darrell Eddington Darrell Eddington DATE: 04/22/14 DATE: 04/22/14 DATE: 04/22/14 ) STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: ECONOMIC DEVELOPMENT FIRST QUARTER REPORT DCS 14-26 CEPHAS PANSCHOW COUNCIL MEETING APRIL 28, 2014 "THAT Council receive Report DCS 14-26 Economic Development First Quarter Report for information purposes." EXECUTIVE SUMMARY Economic Development Activity Q1 2013 Q1 2014 (TARGET) Q1 2014 (ACTUAL) Lead Files Opened 8 10 9 Lead Files Closed 10 25 20 Corporate Visits 4 6 14 Client Visits N/A 4 2 New Businesses N/A 2 6 Opened Businesses Closed N/A N/A 2 Website Activity 980 980 631 (Main Business Page) Website Activity 1,177 1,177 1,493 (Business Directory) In general, most of the Economic Development metrics are tracking close to the quarterly targets with the exception of corporate visits, which are more than double the target and client visits, which are half the target. At this point, staff are not concerned as the cold weather in the first quarter impacted travel plans regularly. The Airport budget is projected to be in line with approved budget amounts. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature CEPHAS PANSCHOW DAVID CALDER DARRELL EDDINGTON Page 3 I 3 Date: APRIL 17, 2014 Date: APRIL 21, 2014 Date: APRIL 21, 2014 CAO -STAFF REPORT FIRE & RESCUE SERVICES Title: Report No.: FIRST QUARTER 2014 DEPARTMENT RESULTS FRS 14-06 Author: JEFF SMITH Meeting Type: COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: NIL RECOMMENDATION THAT Council receives report FRS 14-06 First Quarter 2014 Fire & Rescue Services Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to March 31, 2014 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2014 Business Objectives Obiective Taraet Date StatY5 Ice & Water Rescue Equipment Q2 Items ordered for Q2 delivery Traffic Signal Priority Control System Q3 Annual Replacement of Firefighter Personal Q2 Gear sized & Protective Equipment ordered for Q2 delivery Hose, nozzles & appliances Q1 Incomplete MSA SCBA lease (year 9 of 10) Q2 In progress Q1 Initiate Strategic Planning Process Ongoing Framework draft in progress Implement department specific Succession Q2 Incomplete Management Plan C:\Users\Dewilson\Appdata\Local\Temp\Notesd39658\FRS 14-06 Ql.Docxl D CAO Public Education r ... -------~, " -. l[. • ~!t1 L.. . : -' ' ,, -I • ' ,i I '' :I ,I' · i' 'I • J • l · 1 il · ' ' , " 'r ' • ',. 'l ,, \ .1 ' I ,, ' ·I·· Jr•' I '·li' r •I , t \ ' .. ·~ " _: .li .... ,, : .J'ti '\·!•_ I [ Station Tours 0 0 0 4 Presentations 0 0 0 15 Newspaper/Media 0 0 0 10 ~ Charity Event 1 1 0 3 Fire Communication Report Fire Communications Dispatched Incidents inc/udin Non-Emergency Calls (Customer Service, Burn Activation Lines etc.) custom inc/udin FINANCIAL IMPACT /FUNDING SOURCE No significant variances from budget are projected through to December 31, 2014. 2014 01 Summary Department (under)/over Fire & Rescue Services $1799 Total variances (Q1) $1,799 C:\Users\Dewilson\Appdata\Local\Temp\Notesd39658\FRS 14-06 Ql.Docx3 CAO STAFF REPORT DEPARTMENT Title: First Quarter 2014 Operations Services Report Report No.: OPS 14-08 Author: S.T.Lund, P.Eng., PWLF, Director of Operations Meeting Type: COUNCIL MEETING Council/Committee APRIL 28TH, 2014 Date: Attachments: NONE RECOMMENDATION THAT Council receives OPS14-08 -First Quarter 2014 Operations Services Report. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to March 31, 2014 Operations Services financial results. SUMMARY OF OPERATIONAL RESULTS 2014 Business Objectives Obiective Taraet Date Statu5 Trottier 1 -Phase 1 Thistle Q2 Complete to base asphalt. Court, Golden Rod Dr. to Cui-de- Sac Glendale Drive Area Q4 Contractor selection complete. Reconstruction Awaiting Construction start June 2014 Annual Asphalt and Concrete Q4 Finalizing Tender specification Repairs and contract documents. North Street Sidewalks (Cost Q4 Contractor selection being share with County) finalized with summer construction start. Tar and Chip 2nd Coat Transfer Q4 On-going 2014 Station Electrical Voltage Conversion Q4 On-going CAO Enterprise Services 882 Fleet 36,933 Total variances 136 361 The following variances are projected through to December 31, 2014: 2014 Annual Projection Summary Department Roads Solid Waste Operations Engineering Fleet Total variances APPROVALS Director Name/Signature Finance Name/Signature <under> /over 95,000 0 4,000 0 25,000 124,000 S.T.Lund, P.Eng., PWLF, Director of DATE: 22 Apr.2014 Operation D. Eddington, Director of Finance DATE: 22 Apr.2014 3 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT FIRST QUARTER 2014 PRS DEPARTMENT RESULTS PRS 14-10 Rick Cox COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report PRS 14-10 First Quarter 2014 PRS Department Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to March 31, 2014 PRS Department operational and financial results. SUMMARY OF OPERATIONAL RESULTS 2014 B . Ob' t' usmess nee 1ves Objective Target Date Status Strategic Master Plan implementation: Program inventory and gap analysis (1-2) Planned for Q3-Q4 Memorial Park concept design process (6-In progress, survey completed 15) Q1-Q4 in Q1 Annandale Ball Diamond upgrades (3-18, Project implementation Q2 3-19) Health Club Business Plan {3-10) Planned for Q3-Q4 Continue implementation of Marketing Strategy, especially with social media (1-14, Q1-Q4 In progress 1-17) and with tournament teams and hosts ( 1-16) Revisit & strengthen partnership agreements Q1-Q2 In progress (2-9) and joint use agreements (2-10) Implement Safe Cycling Committee and Q1-Q4 Planned for Q3-Q4 develop a Cycling Master Plan. Take lead role in overseeing special event Draft process in 'beta' testing Q1 for remainder of 2014 with process for the Town. event organizers 113 PRS 14·10 • 2014 PRS First Quarter Report.docx CAO increases in the unit cost for hydro and natural gas have been partially offset through reductions in consumption, but the outlook for the utility costs over the full year is not good. Despite the anticipated labour savings, the Ql projection identifies a year-end department-wide budget shortfall of $25,000 due to the ongoing increases in energy costs. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature PRS 14-10-2014 PRS First Quarter Report.docx Rick Cox, Director of Parks & Recreation Rick Cox, Director of Parks & Recreation Darrell Eddington Director of Finance 3/3 DATE: 2014-APR-22 DATE: 2014-APR-22 DATE: 2014-APR-22 CAO STAFF REPORT CLERKS OFFICE Title: ADVANCE POLLS Report No.: CL 14-11 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: EXCERPT-MUNCIPAL ELECTIONS ACT, 1996, S. 43 RECOMMENDATION THAT Council receives Report CL 14-11 Advance Polls; AND THAT By-Law 3814, to provide for advance votes to be held prior to voting day be brought forward for Council consideration. EXECUTIVE SUMMARY The purpose of this Report is to obtain Council endorsement to provide for advance polls to enable electors to vote in advance of Election Day being October 27, 2014. The purpose is to enhance voter turnout as it will enable electors who will not be available on Election Day the opportunity to have their vote counted and to reduce the number of proxy votes. BACKGROUND Section 43(1) of the Municipal Elections Act, 1996 provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates and must be passed at least thirty (30) days before voting day. During the last municipal election the Town held a full week of advance polls the week prior to Election Day. There was a good turnout at the advance polls particularly the ones held at the Customer Service Centre. Four days were held at the Tillsonburg Customer Service Centre and one day was held each at Baldwin Place Recreation Centre and Hickory Hills Recreation Centre. As we only have one voting place on Election Day this helped to reduce line ups and ensure voters are not waiting in lines to vote during peak times. The current proposal is to further enhance voter turnout by adding additional locations to advance polls. We are proposing one day at the Livingston Centre, two Saturdays on the main floor of the Town Centre Mall, two days at the Customer Service Centre, one day at the Baldwin Place Recreation Centre and one day at Hickory Hills Recreation Centre. The advance polls will not be held consecutively and will be held between October 11, 2014 and October 24, 2014 as set out below. CAO THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3814 A BY-LAW to provide for advance votes to be held prior to Voting Day. WHEREAS Section 43(1) of the Municipal Elections Act, 1996 provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. Advance votes for the 2014 Municipal Election shall be held on the following dates and locations and during the following hours: ADVANCE POLL SCHEDULE Date: Location: Time October 11,2014 Tillsonburg Town Centre Mall (Thanksgiving Weekend) 1:00pm-7:00pm October 14,2014 Baldwin Place Recreation Centre I 0:00 am-6:00 pm October 17, 2014 Hickory Hills Recreation Centre 10:00 am-6:00pm October 18,2014 Tillsonburg Town Centre Mall 1:00pm-7:00pm October 20, 2014 The Livingston Centre 10:00 am-4:00pm October 23, 2014 Tillsonburg Customer Service Centre 9:00am-5:00pm October24, 2014 Tillsonburg Customer Service Centre 9:00am-5:00pm 2. This by-law shall come into effect upon enactment of Council. READ A FIRST AND SECOND TIME this 28th day of April, 2014. READ A THIRD AND FINAL TIME AND PASSED this 28th day of April, 2014. Mayor -John Lessif Town Clerk -Donna Wilson STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Title: SIGN BY-LAW Report No.: DCS 14-25 Author: Geno Vanhaelewyn, Chief Building Official Meeting Type: COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: • Multi-tenant Plaza Details • Redlined By-Law Changes • Proposed Sign By-Law 3798 (for 3rd reading) RECOMMENDATION THAT Council receive Report DCS 14-25 Sign By-Law for information; and AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial nature in the Town of Tillsonburg is brought forward for Council consideration. EXECUTIVE SUMMARY This is a follow up report to Report "DCS 14-14 Sign By-Law" presented to Council on April 14, 2014. Sign By-law 3798 was deferred for a third reading with the requirement that staff review the restrictive requirement for mobile signs related to one mobile sign per property specifically for multi-tenant type properties. "Mobile Signs" Means a temporary sign which is not permanently affixed to the ground or to any structure, and typically designed for the rearrangement of copy of the sign face, and which is capable of being readily moved from one location to another, and may be part of or attached to a wheeled trailer or frame without wheels in such a manner so as to be able to be moved from place to place. In review of the commercial plaza's that contain multiple businesses located within the Town it became evident that permitting mobile signage for each business is impractical due to space issues associated with these types of properties. Secondly, having multiple mobile signs within a concentrated area would create clutter and would not be an effective means of advertising in general. The attached information to this report outlines the following typical site specific issues in this regard: 114 D DCS 14-25-Sign By-Law CAO 6 month restriction is exempt for multitenant plaza sites, therefore allowing mobile signage year round. expanding one mobile sign per site with an exemption for properties with a frontage exceeding 50 m (164.0 ft) or part thereof to have an additional mobile sfgn provided no mobile sign is located closer than 30.0 m (98.44 ft) from any other mobile sign. when an application for a mobile sign for a multi-tenant site is received, staff will advise the owners and tenants that they should police their own use as they see fit in order to allow opportunity for all tenants to make use of a mobile sign such as sign sharing per side, per week, per month, etc. Based on the above proposed changes, staff has amended Section 8.6 -Mobile Signs and Schedule A (changes noted in red) of the proposed by-law as follows: 8.6 MOBILE SIGNS Mobile signs shall be erected in compliance with the following : a) A mobile sign advertising a business may be erected provided that it is located on the same property as the business which it is advertising . b) No flashing lights c) One sign per property is permitted at any one time except properties with a frontage exceeding 50 m (164.0 ft) or part thereof are permitted an additional mobile sign provided no mobile sign is located closer than 30.0 m (98.44 ft) from any other mobile sign d) 30 meter (98.43 ft) distance between temj3erary er mobile signs e) Mobile sign permits are valid for 30 days f) Mobile sign permits may be renewed for a maximum of 180 days in a 12 month period with the exception of multi-tenant properties which are permitted 365 days in a 12 month period g) Signs shall not be placed in sight/visual triangles or near driveways that may block motorists view h) Where the mobile sign is rented/leased from a sign company, the sign shall have the name and telephone number of the sign company affixed to the sign in a clear and visible location. 3/4 DCS 14-25 ·Sign By-Law CAO dress: 51 Simcoe Street Number of Units: 10 TENANTS: Subway, Dairy Queen, M&M, First Choice, Enterprise, Alternative Hearing Aid Clinic, 2 Vacant Units Address: 67 Simcoe Street Number of Units: 2 TENANTS: T.L. Willaert Realty Ltd., Merle Norman TENANTS: Jimmy's, Imagine Dance, Laundromat, Tillson Pizza, The Cooperators, Ming's Garden, Tillsonburg Denture Clinic, Health Supply Store, Goble's Fire Arms, All About You Hair Design, Your Family Pet Centre, MTO Drive Test Office, 1 Vacant Unit umber of Units: 3 TENANTS: Tillson burg Glass, Serene Salon, Salverda Donuts Inc. 25 Spruce Street umber of Units: 5 TENANTS: Fastenal, Rick's Carpet and Flooring, RNT Electric, 2 Vacant Units dress: 518 Broadway Street umber of Units: 4 TENANTS: Broadway Cinemas, Herbal One, Ambrosia Deli, Cardia Plus THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3798 BEING A BY -LAW TO PROHIBIT OR REGULATE SIGNS AND OTHER ADVERTISING DEVICES AND THE POSTING OF NOTICES WITHIN THE TOWN OF TILLSONBURG WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction, including structures, fences, and signs. AND WHEREAS Section 99 (1) of the Municipal Act 2001 states that a by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the. 'advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS the Council of the Corporation of the Town of Tillson burg is desirous of adopting a new Sign By-Law to prohibit and regulate signs and other advertising devices and the positing of notices within the Town of Tillsonburg. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1 3 7.3 Property Use Categories 29 SECTION 8 SPECIFIC SIGN REGULATIONS 29 8.1 Awnings 29 8.2 Billboard Signs 29 8.3 Canopy Signs 29 8.4 Electronic Message Board Signs 30 8.5 Ground Signs 30 8.6 Mobile Signs 31 8.7 Monolith/Pylon Signs 31 8.8 Multi-Unit Residential Signs 32 8.9 Open House Directional Signs 32 8.10 Personal Signs 32 8.11 Portable/A-Frame/Sandwich Board Signs 32 8.12 Promotional Subdivision Development Directional Signs 33 8.13 Promotional Construction Signs 34 8.14 Sidewalk Signs 34 '~.15 Subdivision Development Signs 34 8.16 Wall Signs 35 8.17 Window Signs 36 SECTION 9 VARIANCES 36 9.1 Approval Authority 36 9.2 Minor Sign Variance Considerations 36 9.3 Director Approved Exemptions 37 9.4 Variance Applications 37 9.5 Approval and Conditional Approval 38 9.6 Appeal Process 38 SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF 39 UNLAWFUL SIGNS 10.1 Town Property 39 10.2 Contravention Procedure 39 10.3 Sign Removal and Disposal 39 10.4 Unclaimed Signs 40 10.5 Unsafe Signs 40 10.6 Maintenance 40 SECTION 11 OFFENCE AND PENAL TIES 40 11.1 Responsibility to Comply 40 11.2 Liability to Fines 40 11.3 Recovering Expenses 40 SECTION 12 SEVERABILITY 41 SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Sign By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: a) regulate signs placed on lands, buildings, and other structures within the corporate limits of the Town of Tillson burg; and b) implement the policies of the Tillson burg Official Plan and Urban Design Guidelines. 1.3 COMPLIANCE WITH BY -LAW No person shall hereafter erect or display or cause or permit to be erected or displayed a sign except in conformity with the provisions of this By-law. 1.4 CONTENTS OF BY-LAW All references in the By-law to sections, regulations, exceptions, Tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. 1.5 LAWFUL NON-CONFORMING SIGNS The provisions of this By-law shall not apply to a sign or the use of an existing sign that was lawfully erected on or before the day this By-law comes into force if the sign is not substantially altered and the maintenance and repair of the sign or a change in the message or content displayed is deemed not in itself to constitute a substantial alteration. 1.6 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) . This By-law shall not be construed so as to reduce or mitigate restrictions or regulations for any sign that are lawfully imposed by the Town, or by any governmental authority having jurisdiction to make such restrictions or regulations. Compliance with this By-law does not relieve a property owner from complying with: a) the requirements of the Ontario Building Code; 5 supporting unenclosed structure. CELLAR: Means the portion of a building between two floor levels that has 50% or more of is height below the average finished grade of the lot on which the building is located. The term cellar shall not include a basement. CHIEF BUILDING OFFICIAL: Means the Chief Building Official or designate. COMMERCIAL: Means, for the purposes of this By-law, a use which includes tourism uses. COMMUNITY BULLETIN AREA: Means a display surface designated by the Town of Tillsonburg for the purpose of providing temporary advertising of non-profit and community group event signs. COMMUNITY FACILITIES: Means facilities owned and operated by the Corporation of the Town of Tillsonburg. COMMUNITY GROUP: Means a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors/Slate of Officers and they provide direct services, programs or events that benefit the residents of Tillsonburg and operate within the Town of Tillsonburg. They may or may not be incorporated provincially and/or federally. Places of worship organizations are considered to be a community group for the purpose of this by-law. CONSERVATION AUTHORITY: Means a conservation authority having jurisdiction in the Town of Tillsonburg. The term conservation authority shall include Long Point Regional Conservation Authority. COPY: Means the wording, letters, numerals, graphics, logos, and artwork of a sign, on the display surface and is either permanent or removable. COUNCIL: Means the Council of The Corporation of the Town of Tillsonburg. COUNTY: Means the County of Oxford. DIRECTOR: Means the Director of Development and Communications or their authorized designate. 7 storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By- law. ILLUMINATED SIGN: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. INSPECTOR: Means any By-Law Enforcement Officer or any other inspector appointed by Council pursuant to a by-law. INSTITUTIONAL: Means a use that includes community facilities, parks, schools under the jurisdiction of a board, government offices and hospitals. LANE: Means a public thoroughfare which affords only a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. MOTOR VEHICLE: Means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power. MUNICIPAL AGREEMENT: Means an agreement made with the Corporation of the Town of Tillson burg. MUNICIPAL CLERK: Shall mean the Municipal Clerk of the Corporation of the Town of Tillsonburg or the Deputy Clerk acting in place of the Municipal Clerk in accordance with the Municipal Act. MUNICIPALITY: Means The Corporation of the Town of Tillson burg. MUNICIPALITY'S ZONING BY-LAW: Means Zoning By-law 3295 and as amended. MURAL: Means a painting, illustration, or decoration applied to a free standing sign or the exterior wall of a building and that is otherwise not a sign as defined by this By-law. NON-PROFIT/NOT -FOR-PROFIT ORGANIZATION: Means an organization similar to a community group with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, should be able to provide their not-for-profit number and operate within the Town of Tillsonburg. 9 11 PUBLIC PROPERTY: Means property owned by or under the control of the Town of Tillsonburg or any of its agencies, boards or commissions, and includes any lands belonging to or owned by the County of Oxford, a conservation authority, the Province or Government of Ontario or the Government of Canada. This shall include public highways, and shall be deemed to include utility poles located on public property including road allowances, regardless of whether the poles are owned by or under the control of the Town. RIGHT-OF-WAY: Means an area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street. The term right-of-way shall not include a private road. ROAD ALLOWANCE: Shall have a corresponding meaning to that of street and shall include any shoulder, ditch or boulevard. SIGHTNISIBILITY TRIANGLE: Means a triangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions between a height of 0.6 meters (1.96 ft) and 3.0 meters (9.84 ft) above the center line grade of the intersecting lane, street or private road that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. As illustrated, a sight/visibility triangle shall be determined as follows: a) the sight/visibility triangle adjacent to an exterior side lot line shall be the area enclosed by each of the street lines measured 9.0 meters (29.53 ft) back from the intersection of the street lines, and a diagonal line drawn between these two points b) the sight/visibility triangle from a driveway, lane, or right-of-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3.0 meters (9.84 ft) back from the intersection of the street lines and the limit of the driveway, lane, or right-of-way and a diagonal line drawn between these two points. c) the sighUvisibility triangle extends beyond private property into the road allowance as illustrated: non-rigid material mounted on a frame attached to the wall of a building but does not include a canopy sign or freestanding canopy sign. Banner Sign: Means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material. Barn Sign: Means a sign affixed parallel to a wall or roof of a farm structure and which identifies the name of the occupant and/or of the farm on which said farm structure is located, but shall not be a roof sign as defined in this By-law. Billboard Sign: Means a sign erected and maintained to advertise, market or promote a business, product, service or activity not conducted or produced, sold, stored or assembled within the building or upon the premise on which the sign is erected. Canopy Sign: Means a sign affixed to a permanent rigid structure with or without supporting columns attached to and projecting from the exterior face of a building but does not include an awning sign or canopy freestanding sign. Canopy Freestanding Sign: 13 Means a sign affixed to a permanent rigid structure providing protection from the weather supported on columns and unenclosed on all sides. Directional Sign: Means a sign erected on a property to identify an entrance, exit, or area for the purpose of directing persons and/or regulating the movement of traffic or pedestrians on a property. Election Campaign Sign: Means any device advertising or promoting a candidate as per the Town's Election Campaign Sign By-Law# 3786 as amended; Electronic Message Board Sign: Means a sign which has messages that can be changed and displayed by electronic means. Ground Sign: Means a sign permanently affixed to the ground by one or more self- supporting poles or supported by a free-standing masonry structure. Illuminated Sign: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. Pre-Menu Board Sign: Means a sign erected as part of a drive-through facility and only used to display products and services available at the drive-through business. Portable Sign: Means a sign not permanently attached to the ground or a permanent structure and which is designed to be moved readily and manually by one person from one location to another, and includes signs commonly referred to as A-Frame, Personal, Sandwich Board, Sidewalk, etc. Projecting Sign: Means a sign not directly supported from the ground but generally erected perpendicular to a supporting building wall, but shall not be a wall sign as defined in this By-law (Overhanging sign has the same definition) Projection Sign: 15 Means a sign that is displayed on a surface, building, or structure, by the projection of a beam of light or other source of illumination. Promotional Construction Sign: Means a sign advertising construction, reconstruction, repair, renovation and/or development and may include the name of the project, the name of firms and personnel related to the project. Promotional Subdivision Development Direction Sign: Means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. Public Use Sign: Means a sign erected by or under the jurisdiction of a Public Authority. Pylon Sign: Means a sign supported by one or more poles and with an open base. Real Estate Sign: Means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. Roof Sign: Means a sign the entire face of which is above the lowest point at which the roof meets the building. Sandwich Board Sign: Means a freestanding temporary sign with no more than two faces joined at a period of ninety (90) days or more, or any sign that pertains to a time, event, or purpose that no longer applies. SIGN AREA: Means: SIGN AREA MEASURED BY DISPLAY SURFACE~ SIGN AREA MEASURED BY FREE STANDING LETTERING, ETC. ~ SIGN, HEIGHT: a) in the case of a sign having one display surface, the area of the display surface; b) in the case of a sign having two display surfaces, which are separated by the thickness of the sign structure and the thickness is not used as a display surface, the area of one display surface; c) in the case of a free standing number, letter, picture, image, graphic, emblem, symbol, or shape, the smallest rectangle which will enclose the number, letter, picture, image, graphic, emblem, symbol, or shape. Means the vertical distance from the ground on which the sign is erected to the highest physical point of the sign. SIGN, LENGTH: Means the horizontal distance between the extremities of the sign. SIGN PERMIT: Means a permit issued under this By-law. SIGN SUPPORT STRUCTURE: Means the framework, bracing and support of a sign. SITE PLAN APPROVAL: Means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. STOREY: Means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. STREET: Means a road or public highway under the jurisdiction of the Town of Tillsonburg, County of Oxford or the Province of Ontario that is maintained so as to allow normal use by motor vehicles, or a road or public highway located within a 17 c) All measurements and dimensions in this By-law are expressed in metric. d) "Schedule A" to this By-law shall be interpreted as if it is contained in the text of the By-law. SECTION 3 ADMINISTRATIVE PROVISIONS This By-law shall be administered and enforced by the Chief Building Official, or designate. 3.1 OWNER RESPONSIBILITY Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY: APPLICATION FOR PERMIT 19 No person shall make an application for a sign permit who is not the owner of the property or the owners authorized agent. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY: PERMITS AND PENALIZATION No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, its servants or agents, may issue an Order as per Section 10.2 of this By-law and may impose a penalty under Section 11 of this By-law. 3.4 SIGN PERMIT REQUIRED a) Except as permitted in Section 4 (Exempt Signs), no person shall erect or alter a sign unless a permit under this bylaw for the sign has been obtained from the Chief Building Official. b) A sign permit shall not be issued to erect or alter a sign unless an application for the sign has been submitted in accordance with subsection 3.5 and has been approved by the Chief Building Official as being in conformity with this By-law and all other applicable By-laws and laws regulating signage. vehicular access, doors, windows and other existing signs; and 21 iv. When applicable include a site plan of the lands upon which the sign is to be erected indicating the location of the proposed sign on the site, street lines and other boundaries of the property, sight/visibility triangle and the location and dimensions of the building(s) thereon. v. Heritage review in accordance with the section 3.6. 3.6 HERITAGE REVIEW (a) In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Tillsonburg's List of Heritage Properties are subject to review and approval by the Tillson burg Cemetery and Heritage Advisory Committee (TCHAC) prior to the issuance of the permit. (b) In addition to Section 3.5 every application in clause (a) above submitted to the TCHAC for review shall be accompanied by plans drawn to scale clearly showing; i. The type, character, dimensions and design of the proposed sign including historically appropriate colours of the sign and lettering. ii. The proposed means of illumination. iii. Any other information the TCHAC may prescribe or require. 3. 7 PERMIT FEES a) All applications for permits filed with the Chief Building Official shall be accompanied by payment of the permit fee in accordance with the Town Rates and Fees By-law as amended. b) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. 3.8 ISSUANCE AND DENIAL a) The Chief Building Official shall issue a permit if the completed application conforms to the provisions of this By-law and every other By-law of the Municipality plus the Ontario Building Code and regulations made thereunder and if all fees are paid; iv. Where the permit has been issued in error by the Town. v. Where the sign erected does not conform with the plans or specifications approved by the Town on which the permit was issued 23 f) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this By-law. 3.10 INSPECTIONS SECTION 4 a) The Chief Building Official may require at the time of issuance of a permit that notification be provided for an inspection(s) prior to the installation of certain stages of the sign construction; and b) Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the Chief Building Official upon completion of the work. The Chief Building Official may require a final inspection, including an electrical inspection. EXEMPT SIGNS 4.1 SIGN PERMIT EXEMPTIONS No sign permit is required to erect the following signs provided the signs otherwise comply with the applicable provisions of this By-law: a) Election signs (see Election Campaign Sign By-Law); b) Real Estate signs/Open House Directional signs; c) Personal signs; d) A-Board/Sandwich Board/Sidewalk signs; e) Promotional Construction Direction signs/Subdivision Development signs; f) A sign having a sign area less than 0.10 m2 (1.07 ft2) (e.g. poster). g) Directional sign 25 occupant which may incorporate hours of work, operation or availability. The aforementioned sign shall not be more than 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. e) One identification and vacancy information sign for a duplex dwelling, triplex dwelling or converted dwelling not exceeding 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. f) No Trespassing sign or other signs regulating the use of property provided such signs are no more than 0.2 m2 (2.15 ft2) in sign area. g) Memorial signs and plaques identifying a building or structure and its architectural or historical significance not exceeding 0.5 m2 (5.38 ft2) in sign area. h) Signs affixed to a community entrance feature displaying the name and address of a residential community approved through a Planning Development approval process. i) Advertising on Town fixtures when approved by the Town. SECTION 5 PROHIBITIONS 5.1 SPECIFIC SIGN PROHIBITIONS Any sign not expressly permitted by this By-Law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited. No person shall erect, use or maintain, or cause or permit to be erected, used or maintained any of the following signs: a) A sign located on premises which does not specifically identify or advertise a business, service, or occupant of the premises where it is located, unless otherwise specified in this By-law; b) Roof sign; c) Overhanging sign/Projecting sign; d) Vehicle/Trailer sign on non-motorized vehicles where the purpose of the sign meets the definition of a sign under this By-law; e) A sign which may cause confusion with a traffic control sign or a traffic control signal; f) flashing or animated signs; 27 c) No person shall erect a sign which obstructs or otherwise impedes the utilization of a parking space, loading space, driveway or aisle unless additional parking spaces or loading spaces are provided to comply with the requirements and regulations of the Town; d) No person shall locate a sign which obstructs or impedes the functioning of any flue or air intake, or any exhaust system; e) No person shall nail, screw, tape or otherwise fasten a sign to a tree, fence or fence post other than a no trespass sign; f) No person shall erect a sign with a footing/foundation less than 1.0 metre (3.28 ft) from a street line; g) No person shall erect a sign higher than 0. 75 metres (2.46 ft) within 3.0 metres (9.84 ft) of any road allowance where the sign may impede vision of an access from any improved public street to any lot; h) No person shall erect a sign within any road allowance other than a promotional subdivision development directional sign and an open house directional sign. i) No person shall erect a sign within a sight/visibility triangle. SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as otherwise permitted in this By-law the number of signs shall be limited to: a) One (1) ground sign, pylon sign or monolith sign per lot; b) For single-tenant buildings walls signs, awning signs and canopy signs are only permitted on one wall face or elevation in accordance with the maximum sign area provisions for the zone in which they are located, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public streets, or has both a front and a rear public entrance, one (1) additional wall sign is permitted; (c) For multi-tenant buildings one (1) of any of the following per business premise: i. wall sign, awning sign or canopy sign, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public highways, or has both a front and a rear public entrance one (1) additional 7.3 PROPERTY USE CATEGORIES For the purposes of this By-law, the type of sign allowed on a property is based on the use of the property. The following land uses which are permitted on particular lands by the Municipality's Zoning By-law are identified in "Schedule A" to this By-law: RES residential IND industrial SC service commercial NC neighborhood commercial INS institutional FD future development EC entrepreneurial CC central commercial SECTION 8 SPECIFIC SIGN REGULATIONS 8.1 AWNING SIGNS a) No portion of an awning sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. b) No awning sign, or part thereof, shall extend laterally beyond the extremities of the awning. c) Awning signs are not permitted to project into a lane or alley. 8.2 BILLBOARD SIGNS a) A billboard sign shall not be located, erected or displayed within 400 meters (1 ,312.24 ft) of any other billboard sign. b) Animated signs are not allowed as billboard signs. 8.3 CANOPY SIGNS 29 No portion of a canopy sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. a) A canopy sign is permitted to project a maximum of 150 mm (0.51 ft) from an existing canopy structure. 8.6 MOBILE SIGNS Mobile signs shall be erected in compliance with the following: a) A mobile sign advertising a business may be erected provided that it is located on the same property as the business which it is advertising. b) No flashing lights 31 c) One sign per property is permitted at any one time except properties with a frontage exceeding 50 m (164.0 ft) or part thereof are permitted an additional mobile sign provided no mobile sign is located closer than 30.0 m (98.44 ft) from any other mobile sign d) 30 meter (98.43 ft) distance between temporary or mobile signs e) Mobile sign permits are valid for 30 days f) Mobile sign permits may be renewed for a maximum of 180 days in a 12 month period with the exception of multi-tenant properties which are permitted 365 days in a 12 month period g) Signs shall not be placed in sight/visual triangles or near driveways that may block motorists view h) Where the mobile sign is rented/leased from a sign company, the sign shall have the name and telephone number of the sign company affixed to the sign in a clear and visible location. 8.7 MONOLITH/PYLON SIGNS a) Monolith or pylon signs can be used as ground signs where ground signs are allowed. The regulations for ground signs will apply in regards to height and size. b) All monolith and pylon signs must include the municipal street address if the sign is located on the street frontage pertaining to the street address and shall display the municipal address number in numerals and letters that are a minimum of 150 mm (0.51 ft) in height; c) Monolith signs shall not have a sign display surface located lower than 1.5 metres (4.92 ft) above finished grade. d) Pylon signs shall not have a sign display surface located lower than 2.44 metres (8.01 ft) above finished grade. e) The distance between Monolith/Pylon signs on adjacent properties b) Only one (1) sign permitted per business with a maximum of two (2) signs permitted per property; c) Properties that front onto multiple streets are permitted to place signs on each street frontage as per section 8.11 (b); d) Sign shall not exceed 1.0 metre (1 0.76 ft) squared; e) Shall not be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision, or interferes with parking spaces; f) Sign shall not be placed closer than 0.30 m (1.0 ft) from the street line; g) Signs manufactured prior to the passing of this by-law which are in excess of 1.0 meters (10.76 ft) squared shall be permitted for a period of 4 years from the date that this by-law was passed; h) Shall not be illuminated; 8.12 PROMOTIONAL SUBDIVISION DEVELOPMENT DIRECTION SIGNS Promotional Subdivision Development Direction signs shall be erected in compliance with the following: e) A maximum of 4 signs per sales office/model home 33 f) The sign shall only be used and displayed during the actual hours of operation of the subdivision sales office during week days; and signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than 1.0 metre (328 ft) to the curb, or where there are no curbs, 3.0 metres (9.84 ft) from the edge of the travelled portion of the street and that such signs are removed no later than 08:00 hours (8:00a.m.) on each Monday. g) No Promotional Subdivision Development Direction sign shall be located within 25 meters (82.02 ft) of an intersection measured from the intersecting edge of curb or traveled portion of the street. h) No Promotional Subdivision Development Direction sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; located on the plan of subdivision site. b) A subdivision development sign shall be removed within thirty (30) days after the date of the sale of the last property within the plan of subdivision. 8.16 WALL SIGNS The following regulations shall apply to wall signs: 35 a) No wall sign, or part thereof, shall extend above the top extremity of the wall upon which it is placed. b) No wall sign, or part thereof, shall extend laterally beyond the extremities of the wall upon which it is placed. c) No wall sign, or part thereof, shall project more than 500 mm (1.64 ft) from the wall upon which it is placed. d) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed shall be located less than 2.4 meters (7.87 ft) above the grade below such sign. e) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed if located on a lane shall be located less than 5.0 meters (16.40 feet) measured vertically from the surface of the lane. f) Wall signs shall only be located at the level having direct access to an exterior public way except that where a premise occupies all levels in a multi-storey building the wall sign may be located above the level having direct access to an exterior public way. g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of 0.75 m2 (8.07 ft2) per horizontal linear meter of the wall face. h) Wall signs shall not cover more than 20% in total aggregate area of the wall on which they are erected, displayed or placed. i) The total area of any single wall sign per business premise shall not exceed 35m2 (376.74 ft2). j) Wall signs shall not be painted on the exterior walls of any building excluding a mural which has been approved by Council. or use referred to in the application b) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c) whether the proposed sign will detrimentally alter the character of the building, property or area, and d) whether the general intent and purpose of the Sign By-law is maintained 9.3 DIRECTOR APPROVED EXEMPTIONS The Director's approval authority does not apply to the following sections of the Sign By-law: 37 a) Schedule A, Permitted Sign Use/Property Use Table, Signs allowed by property use b) All Sign By-law provisions with regards to Mobile Signs c) All provisions with regard to Billboard Signs. 9.4 VARIANCE APPLICATIONS An application for a variance from one or more of the requirements in this Sign By-law shall: a) Describe the land, building or structure on which the proposed sign is or is to be erected, by street name, street number or by other equivalent description; b) State the full names, addresses, and telephone numbers of the owner and any occupant of the premises and the owner and/or lessee of the sign; c) Contain a declaration to be sworn by the applicant as to the truth and accuracy of the application, its contents and the submitted documents including property owner authorization; Be accompanied by plans, specifications, and drawings in accordance with the following subsection; d) The plans, specifications, and drawings required and referred to above shall: SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF UNLAWFUL SIGNS 10.1 TOWN PROPERTY No signs shall be placed on or over Town property without approval from the Town. Where a sign does not comply with this by-law, is erected or displayed on, over, partly on, or over property owned by or under the jurisdiction of the Town, the sign may be removed immediately by the Town without notice or compensation. For this purpose, the Town and its agents may enter upon land at any reasonable time. 10.2 CONTRAVENTION PROCEDURE Where a sign does not comply with this by-law, is erected or displayed, the Chief Building Official or By-Law Enforcement Officer shall issue an order to do the work to correct the contravention, by personal service or regular mail, to the owner of the sign, or the owner or occupier of the land upon which the sign is located, the order shall include the following; a) The order shall outline the nature of the contravention, b) The section of the by-law that is contravened c) The date by which there must be compliance d) A description and address of the sign that is in contravention e) Include a statement of where and how the Sign may be redeemed 10.3 SIGN REMOVAL AND DISPOSAL Where a sign has been removed by the Municipality pursuant to this by-law, the owner and/or occupant is liable to a minimum charge per sign as per the Municipalities Rates and Fees By-Law as amended or the actual cost of removing the sign(s), whichever is greater. Signs that are removed shall be stored by the Municipality for a period of 30 days, during which time the 39 owner, occupant, and/or permit applicant is entitled to redeem the sign. The cost of removing the sign and the storage fee as per the Municipalities Rates and Fees By-Law as amended must be paid to the Municipality before the sign will be released. At the expiry of 30 day period, the sign will be disposed of by the Municipality. All fees and removal is to be at the expense of the owner or occupant and the expense may be collected in like manner as municipal taxes. SECTION 12 court of competent jurisdiction for an offence committed under this or any other by-laws. SEVERABILITY 41 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such decision does not affect the validity, effectiveness, or enforceability of the other sections or parts of the provisions of this By-law unless the court makes an order to the contrary. SECTION 13 CONFLICTING BY-LAWS Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating sign age, the provisions of the By-law deemed by the Chief Building Official to be the most restrictive shall prevail. SECTION 14 INDEMNIFICATION The applicant for a permit for a sign, and the owner and occupant of the lands and premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Town, its officers, employees, servants and agents, from all loss, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from and in consequence of the construction, erection, maintenance, display, alteration, repair or removal of such sign. SECTION 15 VALIDITY: In the event any part or provision of this By-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which may or shall be determined to be legal. SECTION 16 REPEAL Town of Tillson burg By-Law 2976 and all of its amendments are hereby repealed upon the date this By-law comes into effect. Directional Sign --- Electronic Message Board Ground Sign Menu Board Sign Mobile Sign Sign Not Permitted Allowed ~ Niit Permitted Not Permitted Not Permitted Allowed ~ o.~ m~ <~23 trl I AREA: 3.0m2 (39.29 It') Not Permlited I NotPemiitted NotPemiitted Not Permitted Not Permitted 43 SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE AUowed I AHowed I Not ADDiicable I NotPennitted ~tPeffiifftii!l Not Permitted AReA:~ m· (20J1ll':l Not Pennitted -----l;@Giff: 1 .51!!_(it4.6'1 ii) ___ ------ AiiOWij(j Allowed No! l®.llaible NotPennitted l~b.5,m2 @.~~l IAREA: 3.0m2 (39.29 n'J I Not·~le I I I NOt petifiiiie<j Not PE!rmilted NotPeffiiltte<l Not Permitted NO!Pimiiitle<l Not Permitted Not Permitted Not Permitted 45 SCHEDULE A; PERMITTED SIGN USE/PROPERTY USE TABLE Not Permitted NotPennitted Subdivision Not Applicable Not Applicable Not Ajjplic:ible Wall Sign : 50 % of window area distributed across 100% of the glass Residential bUildings within the DOWNTOWN area are allowed 10% of the window area THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3798 BEING A BY-LAW TO PROHIBIT OR REGULATE SIGNS AND OTHER ADVERTISING DEVICES AND THE POSTING OF NOTICES WITHIN THE TOWN OF TILLSONBURG WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction, including structures, fences, and signs. AND WHEREAS Section 99 (1) of the Municipal Act 2001 states that a by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the 'rdvertising device or a change in the message or contents displayed is deemed not in itself ;to constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS the Council of the Corporation of the Town of Tillson burg is desirous of adopting a new Sign By-Law to prohibit and regulate signs and other advertising devices and the positing of notices within the Town of Tillsonburg. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1 3 7.3 Property Use Categories 29 SECTION 8 SPECIFIC SIGN REGULATIONS 29 8.1 Awnings 29 8.2 Billboard Signs 29 8.3 Canopy Signs 29 8.4 Electronic Message Board Signs 30 8.5 Ground Signs 30 8.6 Mobile Signs 31 8.7 Monolith/Pylon Signs 31 8.8 Multi-Unit Residential Signs 32 8.9 Open House Directional Signs 32 8.10 Personal Slg_ns 32 8.11 Portable/A-Frame/Sandwich Board Signs 32 8.12 Promotional Subdivision Development Directional Signs 33 8.13 Promotional Construction Signs 34 8.14 Sidewalk Signs 34 8.15 Subdivision Development Signs 34 ~.16 Wall Signs 35 8.17 Window Signs 36 SECTION 9 VARIANCES 36 9.1 Approval Authority 36 9.2 Minor Sign Variance Considerations 36 9.3 Director Approved Exemptions 37 9.4 Variance Applications 37 9.5 Approval and Conditional Approval 38 9.6 Appeal Process 38 SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF 39 UNLAWFUL SIGNS 10.1 Town Property 39 10.2 Contravention Procedure 39 10.3 Sign Removal and Disposal 39 10.4 Unclaimed Signs 40 10.5 Unsafe Signs 40 10.6 Maintenance 40 SECTION 11 OFFENCE AND PENAL TIES 40 11.1 Responsibility to Comply 40 11.2 Liability to Fines 40 11.3 Recovering Expenses 40 SECTION 12 SEVERABILITY 41 SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Sign By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: a) regulate signs placed on lands, buildings, and other structures within the corporate limits of the Town of Tillsonburg; and b) implement the policies of the Tillsonburg Official Plan and Urban Design Guidelines. 1.3 COMPLIANCE WITH BY -LAW No person shall hereafter erect or display or cause or permit to be erected or displayed a sign except in conformity with the provisions of this By-law. 1.4 CONTENTS OF BY-LAW All references in the By-law to sections, regulations, exceptions, Tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. 1.5 LAWFUL NON-CONFORMING SIGNS The provisions of this By-law shall not apply to a sign or the use of an existing sign that was lawfully erected on or before the day this By-law comes into force if the sign is not substantially altered and the maintenance and repair of the sign or a change in the message or content displayed is deemed not in itself to constitute a substantial alteration. 1.6 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) 5 This By-law shall not be construed so as to reduce or mitigate restrictions or regulations for any sign that are lawfully imposed by the Town, or by any governmental authority having jurisdiction to make such restrictions or regulations. Compliance with this By-law does not relieve a property owner from complying with: a) the requirements of the Ontario Building Code; supporting unenclosed structure. CELLAR: Means the portion of a building between two floor levels that has 50% or more of is height below the average finished grade of the lot on which the building is located. The term cellar shall not include a basement. CHIEF BUILDING OFFICIAL: Means the Chief Building Official or designate. COMMERCIAL: Means, for the purposes of this By-law, a use which includes tourism uses. COMMUNITY BULLETIN AREA: Means a display surface designated by the Town of Tillsonburg for the purpose of providing temporary advertising of non-profit and community group event signs. COMMUNITY FACILITIES: Means facilities owned and operated by the Corporation of the Town of Tillsonburg. COMMUNITY GROUP: Means a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors/Slate of Officers and they provide direct services, programs or events that benefit the residents of Tillsonburg and operate within the Town of Tillsonburg. They may or may not be incorporated provincially and/or federally. Places of worship organizations are considered to be a community group for the purpose of this by-law. CONSERVATION AUTHORITY: Means a conservation authority having jurisdiction in the Town of Tillsonburg. The term conservation authority shall include Long Point Regional Conservation Authority. COPY: Means the wording, letters, numerals, graphics, logos, and artwork of a sign, on the display surface and is either permanent or removable. COUNCIL: Means the Council of The Corporation of the Town of Tillsonburg. COUNTY: Means the County of Oxford. DIRECTOR: Means the Director of Development and Communications or their authorized designate. 7 storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By- law. ILLUMINATED SIGN: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. INSPECTOR: Means any By-Law Enforcement Officer or any other inspector appointed by Council pursuant to a by-law. INSTITUTIONAL: Means a use that includes community facilities, parks, schools under the jurisdiction of a board, government offices and hospitals. LANE: Means a public thoroughfare which affords only a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. MOTOR VEHICLE: Means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power. MUNICIPAL AGREEMENT: Means an agreement made with the Corporation of the Town of Tillson burg. MUNICIPAL CLERK: Shall mean the Municipal Clerk of the Corporation of the Town of Tilfsonburg or the Deputy Clerk acting in place of the Municipal Clerk in accordance with the Municipal Act. MUNICIPALITY: Means The Corporation of the Town of Tillson burg. MUNICIPALITY'S ZONING BY-LAW: Means Zoning By-law 3295 and as amended. MURAL: Means a painting, illustration, or decoration applied to a free standing sign or the exterior wall of a building and that is otherwise not a sign as defined by this By-law. NON-PROFIT/NOT -FOR-PROFIT ORGANIZATION: Means an organization similar to a community group with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, should be able to provide their not-for-profit number and operate within the Town of Tillsonburg. 9 11 PUBLIC PROPERTY: Means property owned by or under the control of the Town of Tillsonburg or any of its agencies, boards or commissions, and includes any lands belonging to or owned by the County of Oxford, a conservation authority, the Province or Government of Ontario or the Government of Canada. This shall include public highways, and shall be deemed to include utility poles located on public property including road allowances, regardless of whether the poles are owned by or under the control of the Town. RIGHT-OF-WAY: Means an area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street. The term right-of-way shall not include a private road. ROAD ALLOWANCE: Shall have a corresponding meaning to that of street and shall include any shoulder, ditch or boulevard. SIGHTNISIBILITY TRIANGLE: Means a triangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions between a height of 0.6 meters (1.96 ft) and 3.0 meters (9.84 ft) above the center line grade of the intersecting lane, street or private road that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. As illustrated, a sight/visibility triangle shall be determined as follows: a) the sight/visibility triangle adjacent to an exterior side lot line shall be the area enclosed by each of the street lines measured 9.0 meters (29.53 ft) back from the intersection of the street lines, and a diagonal line drawn between these two points b) the sight/visibility triangle from a driveway, lane, or right-of-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3.0 meters (9.84 ft) back from the intersection of the street lines and the limit of the driveway, lane, or right-of-way and a diagonal line drawn between these two points. c) the sight/visibility triangle extends beyond private property into the road allowance as illustrated: non-rigid material mounted on a frame attached to the wall of a building but does not include a canopy sign or freestanding canopy sign. Banner Sign: Means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material. Barn Sign: Means a sign affixed parallel to a wall or roof of a farm structure and which identifies the name of the occupant and/or of the farm on which said farm structure is located, but shall not be a roof sign as defined in this By-law. Billboard Sign: Means a sign erected and maintained to advertise, market or promote a business, product, service or activity not conducted or produced, sold, stored or assembled within the building or upon the premise on which the sign is erected. Canopy Sign: Means a sign affixed to a permanent rigid structure with or without supporting columns attached to and projecting from the exterior face of a building but does not include an awning sign or canopy freestanding sign. Canopy Freestanding Sign: 13 Means a sign affixed to a permanent rigid structure providing protection from the weather supported on columns and unenclosed on all sides. Directional Sign: Means a sign erected on a property to identify an entrance, exit, or area for the purpose of directing persons and/or regulating the movement of traffic or pedestrians on a property. Election Campaign Sign: Means any device advertising or promoting a candidate as per the Town's Election Campaign Sign By-Law# 3786 as amended; Electronic Message Board Sign: Means a sign which has messages that can be changed and displayed by electronic means. Ground Sign: Means a sign permanently affixed to the ground by one or more self- supporting poles or supported by a free-standing masonry structure. Illuminated Sign: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. Pre-Menu Board Sign: Means a sign erected as part of a drive-through facility and only used to display products and services available at the drive-through business. Portable Sign: Means a sign not permanently attached to the ground or a permanent structure and which is designed to be moved readily and manually by one person from one location to another, and includes signs commonly referred to as A-Frame, Personal, Sandwich Board, Sidewalk, etc. Projecting Sign: Means a sign not directly supported from the ground but generally erected perpendicular to a supporting building wall, but shall not be a wall sign as defined in this By-law (Overhanging sign has the same definition) Projection Sign: 15 Means a sign that is displayed on a surface, building, or structure, by the projection of a beam of light or other source of illumination. Promotional Construction Sign: Means a sign advertising construction, reconstruction, repair, renovation and/or development and may include the name of the project, the name of firms and personnel related to the project. Promotional Subdivision Development Direction Sign: Means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. Public Use Sign: Means a sign erected by or under the jurisdiction of a Public Authority. Pylon Sign: Means a sign supported by one or more poles and with an open base. Real Estate Sign: Means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. Roof Sign: Means a sign the entire face of which is above the lowest point at which the roof meets the building. Sandwich Board Sign: Means a freestanding temporary sign with no more than two faces joined at a period of ninety (90) days or more, or any sign that pertains to a time, event, or purpose that no longer applies. SIGN AREA: Means: SIGN AREA MEASURED BY DISPLAY SURFACE ~ SIGN AREA MEASURED BY FREE STANDING LETTERING. ETC. ~ SIGN, HEIGHT: a) in the case of a sign having one display surface, the area of the display surface; b) in the case of a sign having two display surfaces, which are separated by the thickness of the sign structure and the thickness is not used as a display surface, the area of one display surface; c) in the case of a free standing number, letter, picture, image, graphic, emblem, symbol, or shape, the smallest rectangle which will enclose the number, letter, picture, image, graphic, emblem, symbol, or shape. Means the vertical distance from the ground on which the sign is erected to the highest physical point of the sign. SIGN, LENGTH: Means the horizontal distance between the extremities of the sign. SIGN PERMIT: Means a permit issued under this By-law. SIGN SUPPORT STRUCTURE: Means the framework, bracing and support of a sign. SITE PLAN APPROVAL: Means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. STOREY: Means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. STREET: Means a road or public highway under the jurisdiction of the Town of Tillsonburg, County of Oxford or the Province of Ontario that is maintained so as to allow normal use by motor vehicles, or a road or public highway located within a 17 c) All measurements and dimensions in this By-law are expressed in metric. d) "Schedule A" to this By-law shall be interpreted as if it is contained in the text of the By-law. SECTION 3 ADMINISTRATIVE PROVISIONS This By-law shall be administered and enforced by the Chief Building Official, or designate. 3.1 OWNER RESPONSIBILITY Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY: APPLICATION FOR PERMIT 19 No person shall make an application for a sign permit who is not the owner of the property or the owners authorized agent. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY: PERMITS AND PENALIZATION No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, its servants or agents, may issue an Order as per Section 10.2 of this By-law and may impose a penalty under Section 11 of this By-law. 3.4 SIGN PERMIT REQUIRED a) Except as permitted in Section 4 (Exempt Signs), no person shall erect or alter a sign unless a permit under this bylaw for the sign has been obtained from the Chief Building Official. b) A sign permit shall not be issued to erect or alter a sign unless an application for the sign has been submitted in accordance with subsection 3.5 and has been approved by the Chief Building Official as being in conformity with this By-law and all other applicable By-laws and laws regulating signage. vehicular access, doors, windows and other existing signs; and 21 iv. When applicable include a site plan of the lands upon which the sign is to be erected indicating the location of the proposed sign on the site, street lines and other boundaries of the property, sight/visibility triangle and the location and dimensions of the building(s) thereon. v. Heritage review in accordance with the section 3.6. 3.6 HERITAGE REVIEW (a) In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Tillson burg's List of Heritage Properties are subject to review and approval by the Tillsonburg Cemetery and Heritage Advisory Committee (TCHAC) prior to the issuance of the permit. (b) In addition to Section 3.5 every application in clause (a) above submitted to the TCHAC for review shall be accompanied by plans drawn to scale clearly showing; i. The type, character, dimensions and design of the proposed sign including historically appropriate colours of the sign and lettering. ii. The proposed means of illumination. iii. Any other information the TCHAC may prescribe or require. 3. 7 PERMIT FEES a) All applications for permits filed with the Chief Building Official shall be accompanied by payment of the permit fee in accordance with the Town Rates and Fees By-law as amended. b) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. 3.8 ISSUANCE AND DENIAL a) The Chief Building Official shall issue a permit if the completed application conforms to the provisions of this By-law and every other By-law of the Municipality plus the Ontario Building Code and regulations made thereunder and if all fees are paid; iv. Where the permit has been issued in error by the Town. v. Where the sign erected does not conform with the plans or specifications approved by the Town on which the permit was issued 23 f) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this By-law. 3.10 INSPECTIONS SECTION 4 a) The Chief Building Official may require at the time of issuance of a permit that notification be provided for an inspection(s) prior to the installation of certain stages of the sign construction; and b) Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the Chief Building Official upon completion of the work. The Chief Building Official may require a final inspection, including an electrical inspection. EXEMPT SIGNS 4.1 SIGN PERMIT EXEMPTIONS No sign permit is required to erect the following signs provided the signs otherwise comply with the applicable provisions of this By-law: a) Election signs (see Election Campaign Sign By-Law); b) Real Estate signs/Open House Directional signs; c) Personal signs; d) A-Board/Sandwich Board/Sidewalk signs; e) Promotional Construction Direction signs/Subdivision Development signs; f) A sign having a sign area less than 0.10 m2 (1.07 ft2) (e.g. poster). g) Directional sign 25 occupant which may incorporate hours of work, operation or availability. The aforementioned sign shall not be more than 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. e) One identification and vacancy information sign for a duplex dwelling, triplex dwelling or converted dwelling not exceeding 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. f) No Trespassing sign or other signs regulating the use of property provided such signs are no more than 0.2 m2 (2.15 ft2) in sign area. g) Memorial signs and plaques identifying a building or structure and its architectural or historical significance not exceeding 0.5 m2 (5.38 ft2) in sign area. h) Signs affixed to a community entrance feature displaying the name and address of a residential community approved through a Planning Development approval process. i) Advertising on Town fixtures when approved by the Town. SECTION 5 PROHIBITIONS 5.1 SPECIFIC SIGN PROHIBITIONS Any sign not expressly permitted by this By-Law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited. No person shall erect, use or maintain, or cause or permit to be erected, used or maintained any of the following signs: a) A sign located on premises which does not specifically identify or advertise a business, service, or occupant of the premises where it is located, unless otherwise specified in this By-law; b) Roof sign; c) Overhanging sign/Projecting sign; d) Vehicle/Trailer sign on non-motorized vehicles where the purpose of the sign meets the definition of a sign under this By-law; e) A sign which may cause confusion with a traffic control sign or a traffic control signal; f) flashing or animated signs; 27 c) No person shall erect a sign which obstructs or otherwise impedes the utilization of a parking space, loading space, driveway or aisle unless additional parking spaces or loading spaces are provided to comply with the requirements and regulations of the Town; d) No person shall locate a sign which obstructs or impedes the functioning of any flue or air intake, or any exhaust system; e) No person shall nail, screw, tape or otherwise fasten a sign to a tree, fence or fence post other than a no trespass sign; f) No person shall erect a sign with a footing/foundation less than 1.0 metre (3.28 ft) from a street line; g) No person shall erect a sign higher than 0.75 metres (2.46 ft) within 3.0 metres (9.84 ft) of any road allowance where the sign may impede vision of an access from any improved public street to any lot; h) No person shall erect a sign within any road allowance other than a promotional subdivision development directional sign and an open house directional sign. i) No person shall erect a sign within a sight/visibility triangle. SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as otherwise permitted in this By-law the number of signs shall be limited to: a) One (1) ground sign, pylon sign or monolith sign per lot; b) For single-tenant buildings walls signs, awning signs and canopy signs are only permitted on one wall face or elevation in accordance with the maximum sign area provisions for the zone in which they are located, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public streets, or has both a front and a rear public entrance, one (1) additional wall sign is permitted; (c) For multi-tenant buildings one (1) of any of the following per business premise: i. wall sign, awning sign or canopy sign, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public highways, or has both a front and a rear public entrance one (1) additional 7.3 PROPERTY USE CATEGORIES For the purposes of this By-law, the type of sign allowed on a property is based on the use of the property. The following land uses which are permitted on particular lands by the Municipality's Zoning By-law are identified in "Schedule A" to this By-law: RES residential IND industrial SC service commercial NC neighborhood commercial INS institutional FD future development EC entrepreneurial CC central commercial SECTION 8 SPECIFIC SIGN REGULATIONS 8.1 AWNING SIGNS a) No portion of an awning sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. b) No awning sign, or part thereof, shall extend laterally beyond the extremities of the awning. c) Awning signs are not permitted to project into a lane or alley. 8.2 BILLBOARD SIGNS a) A billboard sign shall not be located, erected or displayed within 400 meters (1 ,312.24 ft) of any other billboard sign. b) Animated signs are not allowed as billboard signs. 8.3 CANOPY SIGNS 29 No portion of a canopy sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. a) A canopy sign is permitted to project a maximum of 150 mm (0.51 ft) from an existing canopy structure. 8.6 MOBILE SIGNS Mobile signs shall be erected in compliance with the following: a) A mobile sign advertising a business may be erected provided that it is located on the same property as the business which it is advertising. b) No flashing lights 31 c) One sign per property is permitted at any one time except properties with a frontage exceeding 50 m (164.0 ft) or part thereof are permitted an additional mobile sign provided no mobile sign is located closer than 30.0 m (98.44 ft) from any other mobile sign d) 30 meter (98.43 ft) distance between mobile signs e) Mobile sign permits are valid for 30 days f) Mobile sign permits may be renewed for a maximum of 180 days in a 12 month period with the exception of multi-tenant properties which are permitted 365 days in a 12 month period g) Signs shall not be placed in sighUvisual triangles or near driveways that may block motorists view h) Where the mobile sign is rented/leased from a sign company, the sign shall have the name and telephone number of the sign company affixed to the sign in a clear and visible location. 8. 7 MONOLITH/PYLON SIGNS a) Monolith or pylon signs can be used as ground signs where ground signs are allowed. The regulations for ground signs will apply in regards to height and size. b) All monolith and pylon signs must include the municipal street address if the sign is located on the street frontage pertaining to the street address and shall display the municipal address number in numerals and letters that are a minimum of 150 mm (0.51 ft) in height; c) Monolith signs shall not have a sign display surface located lower than 1.5 metres (4.92 ft) above finished grade. d) Pylon signs shall not have a sign display surface located lower than 2.44 metres (8.01ft) above finished grade. e) The distance between Monolith/Pylon signs on adjacent properties b) Only one (1) sign permitted per business with a maximum of two (2) signs permitted per property; c) Properties that front onto multiple streets are permitted to place signs on each street frontage as per section 8.11 (b); d) Sign shall not exceed 1.0 metre (10.76 ft) squared; e) Shall not be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision, or interferes with parking spaces; f) Sign shall not be placed closer than 0.30 m (1.0 ft) from the street line; g) Signs manufactured prior to the passing of this by-law which are in excess of 1.0 meters (10.76 ft) squared shall be permitted for a period of 4 years from the date that this by-law was passed; h) Shall not be illuminated; 8.12 PROMOTIONAL SUBDIVISION DEVELOPMENT DIRECTION SIGNS Promotional Subdivision Development Direction signs shall be erected in compliance with the following: e) A maximum of 4 signs per sales office/model home 33 f) The sign shall only be used and displayed during the actual hours of operation of the subdivision sales office during week days; and signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than 1.0 metre (328 ft) to the curb, or where there are no curbs, 3.0 metres (9.84 ft) from the edge of the travelled portion of the street and that such signs are removed no later than 08:00 hours (8:00 a.m.) on each Monday. g) No Promotional Subdivision Development Direction sign shall be located within 25 meters (82.02 ft) of an intersection measured from the intersecting edge of curb or traveled portion of the street. h) No Promotional Subdivision Development Direction sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; located on the plan of subdivision site. b) A subdivision development sign shall be removed within thirty (30) days after the date of the sale of the last property within the plan of subdivision. 8.16 WALL SIGNS The following regulations shall apply to wall signs: 35 a) No wall sign, or part thereof, shall extend above the top extremity of the wall upon which it is placed. b) No wall sign, or part thereof, shall extend laterally beyond the extremities of the wall upon which it is placed. c) No wall sign, or part thereof, shall project more than 500 mm (1.64 ft) from the wall upon which it is placed. d) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed shall be located less than 2.4 meters (7.87 ft) above the grade below such sign. e) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed if located on a lane shall be located less than 5.0 meters (16.40 feet) measured vertically from the surface of the lane. f) Wall signs shall only be located at the level having direct access to an exterior public way except that where a premise occupies all levels in a multi-storey building the wall sign may be located above the level having direct access to an exterior public way. g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of 0.75 m2 (8.07 ft2) per horizontal linear meter of the wall face. h) Wall signs shall not cover more than 20% in total aggregate area of the wall on which they are erected, displayed or placed. i) The total area of any single wall sign per business premise shall not exceed 35m2 (376.74 ft2). j) Wall signs shall not be painted on the exterior walls of any building excluding a mural which has been approved by Council. or use referred to in the application b) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c) whether the proposed sign will detrimentally alter the character of the building, property or area, and d) whether the general intent and purpose of the Sign By-law is maintained 9.3 DIRECTOR APPROVED EXEMPTIONS The Director's approval authority does not apply to the following sections of the Sign By-law: 37 a) Schedule A, Permitted Sign Use/Property Use Table, Signs allowed by property use b) All Sign By-law provisions with regards to Mobile Signs c) All provisions with regard to Billboard Signs. 9.4 VARIANCE APPLICATIONS An application for a variance from one or more of the requirements in this Sign By-law shall: a) Describe the land, building or structure on which the proposed sign is or is to be erected, by street name, street number or by other equivalent description; b) State the full names, addresses, and telephone numbers of the owner and any occupant of the premises and the owner and/or lessee of the sign; c) Contain a declaration to be sworn by the applicant as to the truth and accuracy of the application, its contents and the submitted documents including property owner authorization; Be accompanied by plans, specifications, and drawings in accordance with the following subsection; d) The plans, specifications, and drawings required and referred to above shall: SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF UNLAWFUL SIGNS 10.1 TOWN PROPERTY No signs shall be placed on or over Town property without approval from the Town. Where a sign does not comply with this by-law, is erected or displayed on, over, partly on, or over property owned by or under the jurisdiction of the Town, the sign may be removed immediately by the Town without notice or compensation. For this purpose, the Town and its agents may enter upon land at any reasonable time. 10.2 CONTRAVENTION PROCEDURE Where a sign does not comply with this by-law, is erected or displayed, the Chief Building Official or By-Law Enforcement Officer shall issue an order to do the work to correct the contravention, by personal service or regular mail, to the owner of the sign, or the owner or occupier of the land upon which the sign is located, the order shall include the following; a) The order shall outline the nature of the contravention, b) The section of the by-law that is contravened c) The date by which there must be compliance d) A description and address of the sign that is in contravention e) Include a statement of where and how the Sign may be redeemed 10.3 SIGN REMOVAL AND DISPOSAL Where a sign has been removed by the Municipality pursuant to this by-law, the owner and/or occupant is liable to a minimum charge per sign as per the Municipalities Rates and Fees By-Law as amended or the actual cost of removing the sign(s), whichever is greater. Signs that are removed shall be stored by the Municipality for a period of 30 days, during which time the 39 owner, occupant, and/or permit applicant is entitled to redeem the sign. The cost of removing the sign and the storage fee as per the Municipalities Rates and Fees By-Law as amended must be paid to the Municipality before the sign will be released. At the expiry of 30 day period, the sign will be disposed of by the Municipality. All fees and removal is to be at the expense of the owner or occupant and the expense may be collected in like manner as municipal taxes. SECTION 12 court of competent jurisdiction for an offence committed under this or any other by-laws. SEVERABILITY 41 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such decision does not affect the validity, effectiveness, or enforceability of the other sections or parts of the provisions of this By-law unless the court makes an order to the contrary. SECTION 13 CONFLICTING BY-LAWS Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating signage, the provisions of the By-law deemed by the Chief Building Official to be the most restrictive shall prevail. SECTION 14 INDEMNIFICATION The applicant for a permit for a sign, and the owner and occupant of the lands and premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Town, its officers, employees, servants and agents, from all loss, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from and in consequence of the construction, erection, maintenance, display, alteration, repair or removal of such sign. SECTION 15 VALIDITY: In the event any part or provision of this By-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which may or shall be determined to be legal. SECTION 16 REPEAL Town of Tillson burg By-Law 2976 and all of its amendments are hereby repealed upon the date this By-law comes into effect. Directional Sign --- Bectronic Message Board Ground Sign Mobile Sign Monolith /Pylon Sign Not Permilled ADoWed Not Pemillled Not Pennllled Not Permilled Allowed AUowed: No Maximum AREA: 3.0m2 (39.2911") Not Pennllled I Not Pennllled Not Pennilled Not Permilled Not Pennllled 43 SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE AllOWed Allowed Not Applicable I Not Pennllled Allowed: one sigil Not Peitnllled Not Pennltled AREA:19 m2 (200 It"> Not Pennllled rn.t7~.6111) .. AJioWed: Allowed Not Applicable NotPennllled Allowed: No Maximum AUowed: No Maximum AREA: o,s m" (5.3811") AREA: 3.0m2 (39.2911") Not A!Jplicable I I I Not Pennllled Not Peni!llled Not Permitted NotPennllled Not Pennllled Not Permilled Not Permllleil NotPennllled Subdivision Development Wall Sign Not Permitted SCHEDULE A: PERMITIED SIGN USE/PROPERTY USE TABLE Not Applicable Residential bulkllngls Within the DOWNTOWN area are alloWed 10% or the WindoW area 45 Not Applicable Not Applicable Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE INFORMATION SYSTEMS SHARED SERVICES AGREEMENT FIN 14-17 DARRELL EDDINGTON COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: TOWN OF TILLSONBURG/COUNTY OF OXFORD INFORMATION TECHNOLOGY SUPPORT SHARED SERVICES AGREEMENT SCHEDULE A-SERVICE LEVEL AGREEMENT RECOMMENDATION THAT Council hereby authorizes the Chief Administrative Officer to execute a shared services agreement with the County of Oxford for the provision of information technology support based on cost recovery for services rendered for a term of two years with one year renewal options; AND THAT Council approves the extension of a Computer/Network/Support and Training Technician employment contract through the County of Oxford for a second year, terminating July 11, 2015. EXECUTIVE SUMMARY To provide Council with an Information Technology Support Shared Services Agreement and a Service Level Agreement (SLA). BACKGROUND In October 2012, the County's Information Systems Team began providing daily information technology support for the Town of Tillson burg on a cost recovery basis. Subsequently, the Town requested the County's ongoing support while the Town assessed its needs and established a long-term information systems (IS) strategy. In response, in May 2013, County and Town Councils authorized a shared services agreement for the provision of information technology support for a one year contract term on a cost recovery basis. The County has been providing ongoing IS support on a full-time basis for a period of one year. The services include daily support for information technology with a full-time This is an agreement entered into as of this 281h day of April, 2014 by and between The Corporation of the Town of Tillson burg (hereinafter called Town) and County of Oxford (hereinafter called the "County") regarding the provision of shared services for Information Technology (IT) support for the Town (hereinafter call the "Services") on a cost recovery basis for services rendered for a term of two years with one year renewal options. WHEREAS the Town desires to continue to engage the County to render certain professional IT support services, now therefore, Town and the County do mutually agree as follows: 1.0 SCOPE OF SERVICES The contract extension of a Computer/Network/Support and Training Technician to expire July 11, 2015. The County shall do, perform and carry out, in a satisfactory and proper manner, the services as set out in Schedule A, Service Level Agreement (SLA). 2.0 AREA OF SERVICES The County will provide IT services to all Town owned and operated programs. The Town shall provide permanent office space for the Computer/Network/Support and Training Technician on a daily basis and occasional IT support staff that, in the opinion of the County, is reasonable in size to accommodate staff and equipment, in order for the County to fulfill the SLA. 3.0 REPORTING The County Manager of Technology Services will coordinate all IT support services with the Director of Finance for the Town, as set out in Schedule A, with respect to the services provided in accordance with this Agreement. 4.0 MEETINGS The Director of Finance for the Town shall meet with the County on at least an every month basis at times mutually satisfactory to both parties during the period of this Agreement to review the SLA and to discuss and document matters arising that are beyond the scope of the SLA. 5.0 TIME OF PERFORMANCE The IT services and the obligations of the County shall be undertaken and performed as defined in Schedule A as a guide. The Services can be completed any time within the estimated time allocation. However, time allocations may be altered upon mutual agreement in writing (email accepted) as required. 10.0 LIABILITY OF THE COUNTY Town of Tillsonburg/County of Oxford Information Technology Support Shared Services Agreement (a) The County agrees with the Town that it will provide under this Agreement the standards of care, skill and diligence normally provided in the performance of services in respect of work similar to that contemplated by this Agreement. The County's liability under this Agreement shall be limited to loss or damage directly attributable to the negligent acts of the County, its officers, servants or agents, or their failure to provide the standards of care, skill and diligence aforesaid. In no event shall the County be liable for loss or damage occasioned by delays beyond its control, or for loss of earnings or for other consequential damage howsoever caused. (b) The Town, in consideration of the provision by the County of the services set forth in this Agreement, agrees to the limitations of the liability of the County aforesaid. The Town shall have no right of set off against any billings of the County under this Agreement. 11.0 INDEMNITY AND INSURANCE The County shall, at all times, indemnify and save harmless the Town and its officers, directors, agents and employees from and against all claims, damages, losses and expenses, including, but not limited to attorneys' fees, court and arbitration costs, or other proceedings made, sustained, brought or prosecuted that are based upon, or attributable in any way to the negligent acts, errors or omissions of the County in connection with Services performed, purportedly performed or required to be performed by the County under this Agreement. 12.0 INDEMNITY OF THE TOWN The Town shall, at all times, defend, indemnify and save harmless the County and its subcontractors, consultants, agents, officers, directors and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, court and arbitration costs, arising out of or resulting from the Services of the County, inclusive of claims made by third parties, or any claims against the County arising from the acts, errors or omissions of the County, its employees, agents, contractors and subcontractors. To the fullest extent permitted by law, such indemnification shall apply regardless of strict liability of the County. Such indemnification shall not apply to the extent such claims, damages, losses or expenses are finally determined to result from the County's negligence. 13.0 INTEREST OF THE COUNTY The County covenants that it presently has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of Services hereunder. 14.0 INSPECTION The Town or persons authorized by the County shall have the right at all reasonable times to inspect or otherwise review the work performed or being performed by the County under this Agreement. 3 of 5 and Town of Tillsonburg/County of Oxford Information Technology Support Shared Services Agreement (b) by the County to the Town by mailing (by prepaid registered mail), emailing, or faxing the same addressed to: - Town of Tillsonburg, 200 Broadway, 2"d Floor Tillsonburg, Ontario. N4G 5A7 Fax No. (519) 842-6431 Email: deddington@tillsonburg.ca Attention: Director of Finance and the date of receipt of any notice shall be deemed to be conclusively given three (3) days after the date of such email, fax or mailing. 20.0 INUREMENT This Agreement and everything herein contained, unless the context otherwise requires, shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. The parties hereto have hereunder set their hands and seals the day and year first above written, and the parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly authorized in that behalf. CAO , Town of Tillsonburg CAO, County of Oxford 5 of 5 lxfg:;!~~~J!,f}iogether , Schedule A Service Level Agreement for the Town of Tillson burg This Service Level Agreement (SLA) establishes support levels for IT services provided by the County of Oxford for the Town of Tillson burg. The services, levels, and scope of this document have been negotiated and agreed to by both IT and the business. Provisions for amending this document are noted in the final section of the SLA. Service Level Agreement: Network Support Services 1. Document Control Document Control Version 1.0.0 Date April 22, 2014 Review date Reviewed during monthly IT update meeting Internal clients Town of Tillsonburg Business contact Darrell Eddington IT contact Michael McCuaig 2. Service Description This service covers all hardware, software, and infrastructure support associated with providing network support services to the Town of Tillsonburg including, but not limited to the following: Table 2.1 Service Components 1.Laptops Hardware 2.Desktops 3.Printers 4.Scanners 1.AII currently supported software Software 2.0ffice applications 3.AII MS operating systems 1.LAN Infrastructure 2.WAN 3. SAN 3. Support Hours Client support is available during the following hours: 1/j.,.cordCoun~ r ~~owing stronger. .. together 7. Changes & Review Changes to this document may be proposed by business or IT representatives; however, no amendments will be made without approval from both parties. This document will be regularly reviewed for currency and effectiveness. The next review date is noted in the document control section of the SLA. 8. Signature Page By signing below, representatives from IT (service provider) and the business (internal clients) acknowledge their approval of the terms of this document. IT Service Provider: Name: Title: Signature: _____________ _ Date: ____________ _ Internal Client: Name: Title: Signature: _____________ _ Date: ____________ _ Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Ice & Water Entry Rescue Program Donation Acceptance FRS 14-05 Jeff Smith, Fire Chief COUNCIL MEETING APRIL 28, 2014 THAT Report FRS 14-05 Ice & Water Entry Rescue Program Donation Acceptance be received as information. THAT Staff be directed to create an additional fire department Capital Budget (2014) project in the amount of $6,000.00 for the purchase of an inflatable rapid deployment water craft. EXECUTIVE SUM MARY Donations totaling $6,000.00 have been received for the purchase of a rapid deployment water craft for Tillsonburg Fire & Rescue. The creation of a new Capital project will authorize the fire department to purchase this rescue craft. COMMENTS As reported to Council at the February 5, 2014 Council Meeting, the Fire Service was approached by a number of local service clubs inquiring about possible donations towards the purchase of additional ice and water rescue equipment. At that time, staff committed to bring a report back to Council before purchasing equipment with the donated funds. On March 10, 2014, representatives from the Kiwanis Club ($4,500), the Independent Order of Odd Fellows Otter Lodge #SO Tillsonburg ($1,000) and Advanced Automotive ($500) attended the Council meeting and presented their donations for the rapid deployment craft. FINANCIAL IMPACT /FUNDING SOURCE The additional Capital project will be fully funded from donations and will not impact the 2014 Capital & Operating Budgets. STAFF REPORT OPERATIONS SERVICES Title: 2013-2014 Overnight Parking and Winter Maintenance Review Report No.: OPS 14-09 Author: S. T. Lund, P.Eng., PWLF, Director of Operations Meeting Type: COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: NONE RECOMMENDATION THAT Council receives Report OPS 14-09, 2013 -2014 Overnight Parking and Winter Maintenance Review. EXECUTIVE SUMMARY Council requested at their meeting of March 10th, 2014 a review of winter maintenance costs and operations primarily based on changes to overnight parking that were approved in the fall of 2013 and the severity of the winter. Only 25% of the signage was able to be installed prior to the onset of winter so the effectiveness on the arterial and collector streets could not be determined. Level of service issues were noticed this past winter due to narrower local streets, an aging fleet resulting in more repairs and downtime and increase costs of approximately $120,000 are projected based on the first quarter financial results. COMMENTS Overnight Parking Council at their meeting of March 10th, 2014 gave staff direction to bring a report regarding the Winter Maintenance Operations and parking bylaw (overnight parking). Previously, Council at their meeting of October 28th, 2013 approved the regulating of overnight parking on Arterial, Collector and Downtown roadways during the time period of 2am to 6am. This required the installation of approximately 200 signs on the arterial and collector roadways to regulate parking between the hours of 2am and 6am where applicable. Due to lack of time to arrange for installation and locates of the new parking signage, prior to the onset of winter maintenance activity, only 25% of the signage was installed in the field. On this basis, the effectiveness of the revised parking regulation is hard to determine for the 2013-2014 winter maintenance season. The plan is to complete CAO issues) that reduced our ability to respond and reduced the level of service Public Works typically provides. Overall, at the end of the first quarter we are projecting approximately $120,000 over- budget due to higher than normal winter maintenance costs. Additional costs for second and fourth quarters are unknown at this time and could further impact the negative variance. FINANCIAL IMPACT/FUNDING SOURCE No further comment. APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE: 23rdApr. 2014 Operations D. Eddington, Director of Finance DATE: 23rd Apr 2014 3 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE Municipal Funding Agreement -Federal Gas Tax FIN 14-19 DARRELL EDDINGTON COUNCIL MEETING Council/Committee APRIL 28, 2014 Date: Attachments: MUNICIPAL FUNDING AGREEMENT GUIDE GAS TAX 2014 RECOMMENDATION THAT Council receives report FIN14-19 Municipal Funding Agreement- Federal Gas Tax as information. EXECUTIVE SUMMARY To provide Council with the Municipal Funding Agreement-Federal Gas Tax for approval. BACKGROUND The attached Municipal Funding Agreement is required to be signed with AMO in order to continue to receive Federal Gas Tax funds. Accordingly, By-Law 3816 is being brought forward for three readings. The term of the agreement is from April 1, 2014 to March 31, 2024. The attached guide goes into more depth as to what has changed with this agreement. FINANCIAL IMPACT /FUNDING SOURCE Schedule A sets out the funding payments. In 2014, the confirmed gas tax amount, as per the 2014 budget, is $443,046.79 down from $454,664 in the prior year. CAO Abt Association of Municipalities Ontario Administered by: Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto ON M5H 3C6 Phone: 416-971-9856 Toll Free: 1-877-426-6527 Fax: Email: 416-971-6191 gastax@amo.on.ca www. gastaxatwork. ca www.amo.on.ca £l @GasTaxlnOntario Note: Please read both the Municipal Funding Agreement and this Guide. Please have the appropriate signing officers execute the Agreement and submit electronically to AMO at gastax@amo.on.ca. Introduction The federal Gas Tax Fund (GTF) is the only permanent, stable and predictable source of funding for municipal infrastructure. Canada, Ontario, the Association of Municipalities of Ontario (AMO) and Toronto extended the GTF to 2023 py signing the Administrative Agreement for the transfer of the federal Gas Tax Fund which took effect on April 1, 2014. The new Agreement will provide $3.8 billion to Ontario's municipalities between 2014 and 2018. AMO is pleased to be able to continue administering the GTF on behalf of the Government of Canada. The GTF provides Ontario's municipalities with a per-capita allocation each and every year, without the need for an application or matching funding. It empowers municipalities to make investment decisions within the program's parameters. How is this new Agreement different than the one we have now? Canada has introduced changes in the Agreement that will benefit municipalities. A chart comparing the old and new Agreements is in Appendix A. At a high level, changes include: -Permanency: The GTF is now permanent in federal legislation. The Municipal Funding Agreement (MFA) is now 10 years. -New categories of infrastructure: Municipalities can now invest in 17 eligible categories. -More flexibility: Category restrictions have been removed. Municipalities can "bank" or carry over funding for up to five years. Outcomes are now focused on community benefits and not just environmental outputs. -Allocations: Allocations for 2014-2018 are based on population data from the 2011 Census. Allocations for 2019-2023 will be based on the 2016 Census. -Partial indexation: Municipal allocations will increase in 2016 and in 2018. This is because the GTF will grow nationally at 2% per year in $100 million increments. -Streamlined administration: The GTF model has proven to be transparent and accountable. Municipalities now have less reporting and audit requirements. -Communications: More emphasis has been placed on communications. For planning purposes, municipalities will have to load new/planned projects into the online system ahead of time. -Ineligible expenses: Municipal administration costs are ineligible. Health care infrastructure such as public health facilities and long-term care homes are also ineligible. Leasing of equipment (including for construction) is an 'own source' expense and will need prior approval. Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 3 What is the One Investment Program and why should I invest Gas Tax Funds? The One Investment Program is a co-investment program jointly operated by LAS and CHUMS (subsidiaries of AMO and the Municipal Finance Officers Association of Ontario, respectively). Th,e Program is designed specifically to maximize investment returns for municipalities while meeting the regulations outlined in the Municipal Act, 2001. Under the new Agreement, Gas Tax Funds can be carried over for up to five years. Using the expertise of the One Investment Program, AMO has developed a set of five investment options (1-5 years) that provide municipalities the opportunity to earn interest and grow investments so that there is more money to allocate to infrastructure projects in the future. When it's time for a Gas Tax payment, you can decide to receive the money as usual or automatically invest it in the One Investment Program for a one, two, three, four or five year term. Investments will be locked-in to guarantee an optimal mix of investments that will create competitive returns and mitigate risk . Taking advantage of the One Investment Program provides access to professional portfolio management and municipal oversight. For more information visit: www.amo.on .ca/invest. How do I sign up to automatically invest my Gas Tax Funds in the One Investment Program? Step 1: When you execute your new Gas Tax Municipal Funding Agreement, include the One Investment Program clauses in your by-law. A template is provided in Appendix B. Step 2: Add the One Investment Program to your municipality's investment policy to allow for investment in fixed income and bond instruments. Step 3: Submit a Treasurer's Authorization form to enable AMO to act as the municipality's delegate for this investment. A template is provided in Appendix C. Need a sar:rf!p/e investmefilt policy:? Visit www.amo.on.ca/invest By completing these three steps, your municipality will have the opportunity to invest Gas Tax Funds directly into the One Investment Program with AMO acting as your investment delegate. The three step process does not bind or force you to invest-it simply provides the option to easily invest any Gas Tax payments if you wish to do so. Once you have opted-in, your municipality will be able to automatically invest Gas Tax Funds into the One Investment Program at the time of a Gas Tax payment (usually in July and November). You choose the investment horizon and the amount of time that your money is locked in . Upon investment maturity, you can re-invest these funds or you can ask AMO to transfer funds to you (much like a Gas Tax payment). Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 5 Why is Asset Management a part of this Agreement? Canada has stated that municipalities will have to show progress and outcomes of Asset Management planning over the life of the new Agreement. This requirement was harmonized with the work already underway in Ontario's municipalities. This ensures that municipalities can build on the work to date and that they are not overburdened with new requirements. Effective Asset Management ensures that councils have the best available information to make infrastructure and financing decisions. Do I still have to report on outcomes? Yes, however the program has been broadened to focus on community benefits and not just environmental outcomes. On a project level, environmental indicators are no longer applicable. Instead, municipalities will now report on: a) Beneficial impacts on communities of completed Eligible Projects, and b) Enhanced impact of the GTF as a predictable source of funding, including incrementality. On a broader note, municipalities will also have to demonstrate that Asset Management Plans are being used to guide infrastructure planning and investment decisions, and how GTF is being used to address priority projects. More details are in Schedule D of the MFA. In 2014, AMO will work with key municipal staff associations and the Oversight Committee to develop outcome and output indicators to fulfill these objectives. AMO will also be collecting information on Asset Management to demonstrate that municipalities have met the Fund's requirements. Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 7 Ineligible Expenditures a) project expenditures incurred before April 1, 2005; b) project expenditures incurred before April1, 2014 for the following investment categories: i. regional and local airports; II. short-line rail; iii. short-sea shipping; iv. disaster mitigation; v. broadband connectivity; VI. brownfield redevelopment; VII. cultural infrastructure; viii. tourism infrastructure; ix. sport infrastructure; and X. recreational infrastructure. c) the cost of leasing of equipment by the Municipality, any Municipal overhead costs, including salaries and other employment benefits of any employees, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above; d) taxes for which the Municipality is eligible for a tax rebate and all other costs eligible for rebates; e) purchase of land or any interest therein, and related costs; f) legal fees; and g) routine repair and maintenance costs. When does the money have to be spent? Municipalities now have up to five years after the year the money was received to spend the funds on an eligible municipal infrastructure project. During this time, municipalities can invest Funds so that they have more for infrastructure later. Learn more at www.amo.on.ca/invest. What about the municipal share of a project that will receive funding from other federal grant programs? Municipalities can continue to fund 100% of total project costs with GTF dollars. The GTF is considered federal funds when it comes to other funding programs. In other words, if other federal infrastructure programs have restrictions on the use of federal funds, they must be adhered to. If you are using multiple sources of federal funding, the project also has to be eligible under the terms and conditions of these multiple programs. Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 9 Municipal Checklist Pass Municipal By-Law authorizing MFA As soon as possible Sign MFA and electronically submit to AMO (gastax@amo.on.ca) As soon as possible along with: • Authorizing By-law • Treasurer's Authorization (if applicable, see below) Sign and return Treasurer's Authorization As soon as possible if opting in to the One Investment Program initiative Update Investment Policy As soon as possible if opting in to the One Investment Program initiative Advanced project notification for communications purposes March 31st of every year Annual Report & Project Outcomes Reports March 31st of every year Construction signage reporting Ongoing Submit banking confirmation form (outlines how funds will be Typically May & September transferred or invested) Receipt/automatic investment of federal Gas Tax Fund Payments Typically July & November Complete Asset Management Plans December 31, 2016 Asset Management Outcomes Reports TBD (The Oversight Committee will be providing guidance on aspects of this activity in 2014) Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 11 Appendix B Sample Municipal By-Law WHEREAS the Municipality wishes to enter into an Agreement in order to participate in the federal Gas Tax Fund; AND WHEREAS the Municipality acknowledges that Funds received through the Agreement may be invested in an interest bearing reserve account for a maximum of five (5) years; AND WHEREAS section 23.1 of the Municipal Act, 2001 authorizes a municipality to delegate its powers and duties under the Municipal Act, 2001, including those related to investments; AND WHEREAS the One Investment Program provides Ontario municipalities an opportunity for competitive investment returns and diversification of investments, AND WHEREAS the Association of Municipalities of Ontario has worked with the One Investment Program. to develop specific investment options for a municipality's Gas Tax Funds, AND WHEREAS the Treasurer confirms that the One Investment Program complies with the Corporation's investment policies and goals; Now THEREFORE, the Council of the [MUNICIPAL NAME], a municipal corporation pursuant to the Municipal Act, 2001. ENACTS AS FOLLOWS The Mayor/Reeve/Regional Chair/Warden and [SIGNING AUTHORITY, i.e. Clerk] are hereby authorized to execute this Municipal Funding Agreement for the transfer of federal Gas Tax Funds between the Association of Municipalities of Ontario and [MUNICIPAL NAME] as in Schedule A attached hereto. And that the Corporation authorizes the appointment of the Association of Municipalities of Ontario, as the Municipality's delegate for the investment of the municipality's Gas Tax Funds in the specific Gas Tax investment options offered through the One Investment Program. Schedule A shall form part of this by-law. Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 13 Appendix D Cross-Reference Table Between Municipal Funding Agreem~nt and Canada-Ontario-AMO-Toronto Administrative Agreement Definitions and Interpretations Section 1 . 1 Section 2 Interpretations Section 1.2 AMO Provision for MFA Sectiolil 2 Te~m of Agr.eeme111t Section 2.1 Term Section 2.2 Review Section 2.3 Amendment Section 2.3 Notice Sectian 3 ReC!'ipient Reqt~irememts Section 3.1 Communications Section 3.2 lncrementality Section 3.3 Contracts Section 4 Eligible Pr.ojects Section 4.1 Eligible Project Categories Section 4.2 Recipient Fully Responsible Eligible Expemditt~r:es Section 5.1 Eligible Expenditures Section 5.2 Discretion of Canada Section 5.3 Unspent Funds Section 5.4 Reasonable Access Section 5.5 Retention of Receipts 10.1 (Duration, Termination, Review & Amendment) 10.2 (Duration, Termination, Review & Amendment) 10.3 (Duration, Termination, Review & Amendment) 10.5 (Duration, Termination, Review & Amendment) 8.2c (Dispute Resolution) I Annex B, Section 9 (Terms and Conditions) I Schedule A, Item 2 (Ultimate Recipient Requirements) I Schedule E (Communications Protocol) Annex B, Section 4 (Terms and Conditions) Schedule A, Item 6 (Ultimate Recipient Requirements) Annex B, Section 6 (Terms and Conditions) I Schedule A, Item 1 (Ultimate Recipient Requirements) I Schedule B (Eligible Project Categories) Schedule A, Item 1 (Ultimate Recipient Requirements) Annex B, Section 7 (Terms and Conditions) I Schedule A, Item 1 (Ultimate Recipient Requirements) I Schedule C (Eligible and Ineligible Expenditures) 8.4 (Dispute Resolution) 6.2 (Federal Gas Tax Fund) 9.1 (Audits & Evaluation) I Schedule A, Items 8 and 9 (Ultimate Recipient Requirements) I ScheduleD, Section 1 .2 (Reporting) Schedule A, Item 9 (Ultimate Recipient Requirements) I Schedule D, Section 1 .2 (Reporting) Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 15 I'J 1 I l!('l l 11' 11 \11 it 1t 1!'\'/1 ')ill ),'1 !11 {'t \1 I' l't• /\1\'J( ltl I •lrl' •\r~1~ll1!! ~~:~.~~:1 1/' I 1 j r • • · J , ', • f ~~ 1 , \ , 1 , , 1, f 1 ! · . 1 : , 'H , r ~ 1 Sectiolil 11 Transfer and Operation af Municipallnfrastructur,e Section 11 .1 Reinvestment Section 11.2 Notice Section 11.3 Public Use Section 12 Default and Termination Section 12.1 Event of Default Section 12.2 Waiver Section 12.3 Remedies on Default Section 12.4 Repayment of Funds Section 13 Conflict of Interest Section 13.1 No Conflict of Interest Section 14 Natice Section 14.1 Notice Section 14.2 Representatives Section 14.3 Addresses for Notice Section 15 Miscellaneous Section 15.1 Counterpart Signature Section 15.2 Severability Section 15.3 Waiver Section 15.4 Governing Law Section 1 5. 5 Survival Section 15.6 AMO, Canada and Recipient Independent Section 15.7 No Authority to Represent Section 15.8 Debts Due to AMO Section 15.9 Priority Section 16 Schedules Sectian 17 Signatures Schedule A, Item 7 (Ultimate Recipient Reqoirements) AMO Provision Annex A, "Infrastructure" (Definitions) Section 8.2 (Dispute Resolution) I Schedule A (Ultimate Recipient Requirements) Section 8.2 (Dispute Resolution) I Schedule A (Ultimate Recipient Requirements) AMO Provision AMO Provision Schedule A, Item 12 (Ultimate Recipient Requirements) Section 14 (Correspondence) Section 14 (Correspondence) Section 14 (Correspondence) Section 11 (Counterpart Signature) Section 12 (Severability) Section 13 (Waiver) Standard Provision 9.4 (Audits and Evaluation) I Schedule A, Item 14 (Ultimate Recipient Requirements) Schedule A, Item 10 (Ultimate Recipient Requirements) Schedule A, Item 11 (Ultimate Recpient Requirements) AMO Provision Standard Provision Standard Provision Standard Provision Guide to the Municipal Funding Agreement for the transfer of Federal Gas Tax Funds-2014 17 MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX FUNDS This Agreement made in duplicate as of 1st day of April, 2014. BETWEEN: AND: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as "AMO") THE TOWN OF TILLSONBURG (a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the "Recipient") WHEREAS the Government of Canada makes up to $2 billion per year available for allocation by the Government of Canada for the purpose of municipal, regional and First Nations infrastructure starting in the fiscal year beginning on April 1, 2014 under Section 161 of Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24; WHEREAS Canada, the Province of Ontario, Ontario municipalities as represented by AMO and Toronto are signatories to the administrative agreement on The Federal Gas Tax Fund on April1, 2014 (the "Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer federal gas tax funds made available to Ontario municipalities, excluding Toronto, pursuant to the Canada-Ontario-AMO-Toronto Agreement on behalf of Canada; WHEREAS the Canada-Ontario-AMO-Toronto Agreement contains a framework for the transfer of federal gas tax funds to Ontario municipalities represented by AMO and Toronto to provide stable, reliable and predictable funding for municipal infrastructure purposes; WHEREAS the Recipient wishes to enter into this Agreement in order to participate in the federal Gas Tax Fund; WHEREAS AMO is carrying out the fund administration and coordinating role in accordance with its obligations set out in the Canada-Ontario-AMO-Toronto Agreement and it will accordingly undertake certain activities and require Recipients to undertake activities as set out in this Agreement. THEREFORE the Parties agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings 1 "Event of Default" has the meaning given to it in Section 12.1 of this Agreement. "First Agreement" means the Municipal Funding Agreement for the transfer of federal gas tax revenues under the New Deal for Communities entered into by AMO and the TOWN OF TILLSONBURG, with an expiry date of March 31, 2015. "Funds" mean the Funds made available to the Recipient through the Gas Tax Fund, a program established by the Government of Canada under Section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by Section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, C. 33 or any other source of funding as determined by Canada. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. For greater certainty: (i) Funds transferred to another Municipality in accordance with Section 6.2 of this Agreement, other than as set out in Sections 7.1(a), (c) and (f), are to be treated as Funds by the Municipality to which the Funds are transferred and are not to be treated as Funds by the Recipient; and (ii) any Funds transferred to a non-municipal entity in accordance with Section 6.3 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds. "Ineligible Expenditures" means those expenditures described as ineligible in Schedule C. "Infrastructure" means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Ontario. "Lower Tier Municipality" means a municipality that forms part of an upper-tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001 c.25. "Municipal Fiscal Year" means the period beginning January 1st of a year and ending December 31st of the same year. "Municipality" and "Municipalities" means every municipality as defined under the Municipal Act, 2001 S.O. 2001 c.25. "One Investment Program" means the co-investment program operated jointly by Local Authority Services, an incorporated subsidiary of AMO and CHUMS Financing Corporation, an incorporated wholly-owned subsidiary of the Municipal Finance Officers' Association of Ontario. "Outcomes Report" means the report prepared and delivered to AMO by the Recipient by March 31, 2017 and again by March 31, 2022 which reports on how Funds are supporting progress towards achieving the program benefits, more specifically described in Schedule D. "Oversight Committee" means the committee established to monitor the overall implementation of the Canada-Ontario-AMO-Toronto Agreement. 3 2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written notice. 2.5 The Parties agree that the First Agreement, including section 15.4 thereof, is hereby terminated. Notwithstanding the termination of the First Agreement, including section 15.4, the reporting and indemnity obligations of the Recipient thereunder with respect to expended Funds governed by the First Agreement as set forth in sections 5, 7, 1 0.4, 10.5 and 10.6 of the First Agreement shall survive the said termination. 3. RECIPIENT REQUIREMENTS 3.1 Communications. The Recipient will comply with all requirements outlined in Schedule E, including: (a) Providing upfront project information on an annual basis for communications purposes; (b) Including Canada in local project communications; and (c) Installing federal project signs. 3.2 lncrementality. Any Funds that the Recipient may receive from Canada are not intended to replace or displace existing sources of funding for the Recipient's tangible capital assets. The Recipient will ensure that its total annual expenditures on tangible capital assets over the life of the Agreement, on average, will not be less than the Base Amount. 3.3 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international trade agreements, and all other applicable laws. (a) The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4.1 Eligible Project Categories. Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in the categories of public transit, local roads and bridges, wastewater, water, solid waste, community energy systems, capacity building, local and regional airports, short-line rail, short-sea shipping, disaster mitigation, broadband connectivity, brownfield redevelopment, cultural, tourism, sport and recreational infrastructure, as more specifically described in Schedule Band Schedule C. 4.2 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule B and Schedule C. 5 assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred; in a form satisfactory to AMO. 6.3 Transfer of Funds to a non-municipal entity. Where a Recipient decides to support an Eligible Project undertaken by an Eligible Recipient that is not a Municipality: (a) The provision of such support shall be authorized by a by-law (a "Non- municipal Transfer By-law"). The Non-municipal Transfer By-law shall be passed by the Recipient's council and submitted to AMO as soon as practicable thereafter. The Non-municipal Transfer By-law shall identify the Eligible Recipient, and the amount of Funds the Eligible Recipient is to receive for that Eligible Project. (b) The Recipient shall continue to be bound by all of the provisions of this Agreement notwithstanding any such transfer. (c) No transfer of Funds pursuant to this Section 6.3 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered to AMO a written undertaking to assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred, in a form satisfactory to AMO. 6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. 6.5 Schedule of payout of Funds. The Recipient agrees that all Funds are to be transferred by AMO to the Recipient as set out in Schedule A Subject to Section 6.14, AMO will transfer Funds twice yearly, on or before the dates agreed upon by Canada and AMO, and, more specifically on the basis set out in Schedule A 6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund or other separate distinct interest bearing account or invest the Funds through the One Investment Program or any other eligible investment permitted by the Ontario Municipal Act, 2001 and shall retain the Funds in such reserve fund, account or investment until the Funds are expended or transferred in accordance with this Agreement. The Recipient shall ensure that: (a) any investment of unexpended Funds will be in accordance with Ontario law and the Recipient's investment policy; and, (b) any interest earned on Funds will only be applied to Eligible Expenditures for Eligible Projects, more specifically on the basis set out in Schedule B and Schedule C. 6.7 Funds advanced. Funds transferred by AMO to the Recipient shall be expended by the Recipient in respect of Eligible Expenditures within five (5) years after the end of the year in which Funds were received. Unexpended Funds shall not be retained beyond such five (5) year period. AMO reserves the right to declare that Unexpended Funds after five (5) years become a debt to 7 (g) a listing of all Eligible Projects that have been funded, indicating the location, investment category, project description, amount of Funds and total project cost. 7.2 Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Report to be submitted to AMO. Specifically the Outcomes Report shall describe, in a manner to be provided by AMO, the degree to which investments in each Eligible Project are supporting progress towards achieving: (a) beneficial impacts on communities of completed Eligible Projects; and (b) enhanced impact of Funds as a predictable source of funding. 8. ASSET MANAGEMENT 8.1 Asset Management Plan. The Recipient will develop and implement an Asset Management Plan prior to December 31, 2016. 8.2 Outcomes. On a date and in a manner to be determined by AMO, the Recipient will provide a report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 9. RECORDS AND AUDIT 9.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector Accounting Board or the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent basis. 9.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient's municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to AMO and Canada for inspection or audit. 9.3 External Auditor. AMO and/or Canada may request, upon written notification, an audit of Eligible Project or an Annual Report. AMO shall retain an external auditor to carry out an audit of the material referred to in Sections 5.4 and 5.5 of this Agreement. AMO shall ensure that any auditor who conducts an audit pursuant to this Section of this Agreement or otherwise, provides a copy of the audit report to the Recipient and Canada at the same time that the audit report is given to AMO. 9 (a) the Funds; (b) the Recipient's Eligible Projects, including the design, construction, operation, maintenance and repair of any part or all of the Eligible Projects; (c) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees and agents, or by a Third Party, its officers, servants, employees, or agents; and (d) any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees or agents. 11. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE 11.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 11.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time during the five (5) years following the date of completion of an Eligible Project if it is sold, leased, encumbered or otherwise disposed of. 11.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered or otherwise disposed of, remains primarily for public use or benefit. 12. DEFAULT AND TERMINATION 12.1 Event of Default. AMO may declare in writing that an event of default has occurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has first consulted with the Recipient. Each and every one of the following events is an "Event of Default": (a) failure by the Recipient to deliver in a timely manner an Annual Report or Outcomes Report. (b) delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement. (c) failure by the Recipient to co-operate in an external audit undertaken by AMO or its agents. (d) delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement. (e) failure by the Recipient to expend Funds in accordance with Section 6.7. 11 (a) If to AMO: Executive Director Federal Gas Tax Fund Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Telephone: 416-971-9856 Facsimile: 416-971-6191 Email: gastax@amo.on.ca (b) If to the Recipient: Darrell Eddington Director of Finance/Treasurer Town of Tillson burg 200 Broadway Street, 2nd Floor, Tillsonburg, ON N4G 5A7 Telephone: (519) 842-6428 x3251 Facsimile: (519) 842-9431 Email: deddington@tillsonburg.ca 15. MISCELLANEOUS 15.1 Counterpart Signature. This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 15.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 15.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law. 15.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 5, 6.7, 6.8, 7, 10.4, 10.5, 11,12.4 and 15.8. 13 Affix Corporate Seal Name: Title: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Title: Executive Director In the presence of: Witness: Title: 15 Date Date Date SCHEDULE A SCHEDULE OF FUND PAYMENTS RECIPIENT'S NAME: TOWN OF TILLSONBURG The following represents an estimate of the Funds and schedule of payments for the first five (5) years of the Agreement. Year Schedule of Fund Payments Payment#1 Payment#2 2014 $221 ,523.40 $221 ,523.39 2015 $221 ,523.40 $221 ,523.39 2016 $232,599.57 $232,599.56 2017 $232,599.57 $232,599.56 2018 $243,675.73 $243,675.73 An estimate of the Funds and schedule of payments for the latter five (5) years of the Agreement (2019-2023) will be provided following the review and amendment procedures specified in Section 2.2 and 2.3. 17 13. Sport Infrastructure -i.e. amateur sport infrastructure (excludes facilities, including arenas, which would be used as the home of professional sports teams or major junior hockey teams (e.g. Junior A)). 14. Recreational Infrastructure-i.e. recreational facilities or networks. 15. Cultural Infrastructure-i.e. infrastructure that supports arts, humanities, and heritage. 16. Tourism Infrastructure -i.e. infrastructure that attracts travelers for recreation, leisure, business or other purposes. 17. Disaster mitigation -i.e. infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters. Note: Investments in health infrastructure (hospitals, convalescent and senior centres) are not eligible. 19 2. Ineligible Expenditures The following are deemed Ineligible Expenditures: (a) project expenditures incurred before April 1, 2005; (b) project expenditures incurred before April 1, 2014 for the following Eligible Project categories: (i) regional and local airports; (ii) short-line rail; (iii) short-sea shipping; (iv) disaster mitigation; (v) broadband connectivity; (vi) brownfield redevelopment; (vii) cultural infrastructure; (viii) tourism infrastructure; (ix) sport infrastructure; and (x) recreational infrastructure. (c) the cost of leasing of equipment by the Recipient, any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs of Recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above; (d) taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates; (e) purchase of land or any interest therein, and related costs; (f) legal fees; and (g) routine repair and maintenance costs. 21 2. Project Outcomes. The Outcomes Report shall outline, in a manner to be provided by AMO, the degree to which investments in each project are supporting progress towards achieving: (a) Beneficial impacts on communities of completed Eligible Projects; and (b) Enhanced impact of Funds as a predictable source of funding. 3. Asset Management Outcomes. On a date and in a manner to be determined by AMO, the Recipient will provide a report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 23 4.5 Canada, AMO or the Recipient in requesting a media event or an announcement will provide at least 21 working days' notice to the Parties of their intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Recipient, AMO and Canada. The AMO, Canada and the Recipient will have the opportunity to participate in such events through a designated representative. Each participant will choose its designated representative. 4.6 The conduct of all joint media events, announcements and products will follow the Table of Precedence for Canada as outlined at the current Government of Canada website. 4. 7 All joint communications material related to media events and announcements must be approved by Canada and recognize the funding of all contributors. 4.8 All joint communications material must reflect Canada's policy on official languages and the federal identity program. 5. Program Communications 5.1 The Recipient may include messaging in its own communications products and activities with regards to the use of Funds. 5.2 When undertaking such activities, the Recipient will provide the opportunity for AMO and Canada to participate and will recognize the funding of all contributors. 5.3 Canada and AMO agree that they will not unreasonably restrict the Recipient from: (i) using, for its own purposes, public communications products related to the Funds prepared by Canada or AMO ("Communication Products") or, (ii) linking to web-based Communication Products. 5.4 Notwithstanding Section 4 of Schedule E, Canada retains the right to meet its obligations to communicate information to Canadians about the use of Funds through communications products and activities. 6. Operational Communications 6.1 The Recipient is solely responsible for operational communications with respect to the Eligible Projects, including but not limited to, calls for tender, construction and public safety notices. Operational communications as described above are not subject to the federal official languages policy. 6.2 The Recipient will share information promptly with Canada and AMO should significant emerging media or stakeholder issues relating to an Eligible Project arise. AMO will advise Recipients, when appropriate, about media inquiries received by it concerning an Eligible Project and, when appropriate, other signatories to the Canada-Ontario-AMO-Toronto Agreement will advise the Recipient about media inquiries, concerning an Eligible Project. 7. Communicating Success Stories. The Recipient agrees to communicate with Canada and AMO for the purposes of collaborating on communications activities and produces 25 LONG POINT REGION CONSERVATION AUTHORITY ANNUAL GENERAL MEETING MINUTES-FEBRUARY 28, 2014 (as approved at the Board Meeting held April 2, 2014) Members in attendance: D. Beres, R. Chambers, B. Chanyi, M. Columbus, R. Geysens, E. Ketchabaw, R. Sackrider and D. Travale. Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, H. Surette, J. Maxwell, and D. Mclachlan. Keynote Speaker: P. Middleton Regrets: L. Bartlett and C. Grice The LPRCA Chair called the meeting to order at 1:30pm Friday, February 281h 2014 in the LPRCA Boardroom. WELCOME Chair Geysens, welcomed everyone to the Long Point Region Conservation Authority's 2014 Annual General Meeting. DISCLOSURES OF INTEREST None recorded. ADDITIONAL AGENDA ITEMS None recorded. MINUTES OF PREVIOUS MEETINGS MOTION A-40/14 moved: E. Ketchabaw seconded: R. Sackrider THAT the minutes of the LPRCA Board of Directors regular meeting held February 12th, 2014 be adopted as circulated. CARRIED INTRODUCTIONS The municipal and provincial partners were introduced as were the guests from neighbouring conservation authorities. Dick Hibma, Chair of Conservation Ontario, reviewed a few of the projects currently being addressed by Conservation Ontario and its member conservation authorities including the Lake Erie Shoreline Management Plan, the Lake Erie Nearshore Environmental Initiative and a flood management review (forecasting and warning system). Conservation Ontario is continuing its efforts to have government review the roles and responsibilities of the conservation authorities as detailed in the Conservation Ontario White Paper. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -1 - d) PRESCRIPTION -LITTLE LAKE CA As part of the ongoing forest management objectives and silvicultural operations within the forestry department, prescription/operating plans are prepared for the various tracts outlining current conditions, goals, objectives and past management operations. The last operation at Little Lake CA was a commercial harvest/salvage operation approximately 20 years ago. There are no protected species at risk in this Tract but there are provincially significant vegetative species that will require a modified management process. MOTION A-44/14 moved by: B. Chanyi seconded: R. Sackrider That the LPRCA Board of Directors approves the prescription/operating plan for the Little Lake CA Tract. CARRIED e) NOTICE OF FORMAL MOTIONS MOTION A-45/14 moved by: R. Sackrider seconded: B. Chanyi That the LPRCA Board of Directors authorizes the Chairman or Vice-Chairman and the General Manager/Secretary-Treasurer or Manager of Corporate Services to borrow funds as required for the day-to-day operations of the Authority. CARRIED MOTION A-46/14 moved: R. Sackrider seconded:B.Chan0 That the LPRCA Board of Directors approves the Chair, Vice-Chair, General Manager and Manager of Corporate Services as designated signing officers for Authority business for the year 20 14. CARRIED MOTION A-47/14 moved by: R. Chambers seconded: R. Sackrider That the LRPCA Board of Directors, pursuant to Section 26 (2) and 27 (2&3) of The Conservation Authorities Act RSO 1990, Chapter 27, designate all Member Municipalities as Benefiting Municipalities for the Administration, Capital and Operations Costs in the same proportion that the current value assessment of the whole Municipality or part thereof bears to the total assessment of the whole area under the jurisdiction of the Authority. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -3- CARRIED CARRIED MOTION A-53/14 moved by: R. Chambers seconded: B. Chanyi THAT the LPRCA Board of Directors approves the appointment of KPMG, LLP Chartered Accountants as LPRCA's auditors for the 2014 fiscal period as per the 5-year proposal of January 291h, 2013. CARRIED 2013 COMMITIEE REPORTS a) 2013 ANNUAL REPORT The 2013 annual report was presented by the GM with thanks to staff for their input and participation in the many events throughout the year. A number of achievements were highlighted including, the planting of over 86,000 trees and seedlings, the acquisition of over 74 acres of environmentally significant property, the Low Impact Development Project at the head office, the Norfolk County/LPRCA partnership to promote regional trail systems, among others. For their commitment and the opportunity to work together, he thanked the municipal partners, non-government organizations and the various community groups. He commended staff for their dedication and abilities. It was noted by the Board that 25% of funding was received from the member municipalities, whereas, only 1% of the funding was provided by the province. b) LEE BROWN MARSH MANAGEMENT COMMITIEE Chair Haskett commended staff on the Annual Report. He congratulated staff and the Board and directed everyone to the picture of the LPRCA Board Members on page 18. Also in the Report, it was noted that Leighton Brown, LBMMC Member and former Marsh Manager, passed away in 2013 and was remembered for his contributions to the Conservation Authority and the local environment. Chair Hasket also pointed out that the Leighton and Betty Brown Scholarship was awarded to three deserving recipients last year. The Lee Brown Waterfowl Management Area is predominantly funded by user fees and agricultural land rental. Phragmites is a continuing issue at the Marsh and new techniques have been deployed including aerial spraying and rolling to help reduce the phragmites population. The next step is a controlled burn. All actions will be monitored and shared with others. MOTION A-54/14 moved by: R. Sackrider seconded: B. Chanyi THAT the LPRCA Board of Directors receives the 2013 Annual Report and the Lee Brown Marsh Management Committee Report as information. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -5- Accessibility Advisory Committee Minutes from the meeting of December 18, 2013 In Attendance: Michael Kadey, Helen Lamas-Parker, Councillor Stephenson, Mike Cerna, Amber Zimmer, Rick Cox Regrets: Donna Acre, Irene Streng, Larry Streng 1. Meeting Called to Order by H. Lamas-Parker at 1:05pm 2. Approval of Agenda Moved by: B. Stephenson Seconded by: M. Cerna Resolve that the agenda for the meeting of September 12,2013 be adopted. "Carried" 3. Approval of Minutes from meeting of September 12, 2013. Moved by: M. Cerne Seconded by: M. Kadey Resolve that the minutes from the meetings of June 4, 2013 adopted. "Carried" 4. Disclosure of Pecuniary Interest none were disclosed 5. Delegation -Rick Cox -Committee discussed importance of access to Accessibility meetings. -The Committee decided that help with access would increase attendance by decreasing barriers that may arise. Resolution: RESOLVE THAT the Committee requests $250 in expenses annually for transportation as needed for the Accessibility Advisory Committee. B. Stephenson-1st M. Kadey-2nd "Carried" -R. Cox presented a proposal to decrease barriers at the Community Centre by making the pool change rooms and health club entrances more accessible. -The Committee suggested horizontal bars and ceiling curtains in change rooms to increase accessibility. Resolution: RESOLVE THAT the Accessibility Advisory Committee supports the proposed changes to the community centre change rooms and health club. M. Cerna -1st M. Kadey-2nd "Carried" Cultural Committee Advisory Board Meeting January 08, 2014, 5:00 p.m., Town of Tillson burg Offices In attendance: Colleen, Deb, Erin, Bernadette, Josie, Chris, Karen Regret: Diane Clarke Guest: Brent Shephard and Sarebeth Re: Blacktop Application for funds Motion by Erin, 2"d by Josie to accept agenda. Carried Correspondence-Family Day-February 17-presentation from Brent and Sarabeth They indicated the committee was formed in 2012 and at that time-it was sponsored and presented by Bethel Temple but as it has grown-they would like to see it as a community event and put on by different people in community instead of being a church event. They did a survey last year-and people were interested and wanting more all day activities going on but it has to be cost effective . With all day events going on they anticipate 1000-2000 people going through the complex on that day. They are continuing to ask for volunteers as well as funding (want to get as many groups involved as possible. Deb asked each of the committee members for their input on this and if they had any questions for Sarabeth and Brent Chris Rosehart-asked if town had donated anything in previous years-no And then wanting to know about tax receipts available. If Bethel is handling finances-won't they benefit from anyone wanting tax receipts. Brent indicated all going into a separate account but he would check bout the tax receipts to ensure that the church itself would not benefit from these tax receipts. Chris did indicate that she liked the idea of it all being held here in town and at our community centre Colleen questioned insurance issues re: extra venues. Brett had talked to Rick Cox about it as it is a one day event Next meeting is scheduled for February 5th at 5:00pm. @Town of Tillsonburg offices. Motion by Erin to close meeting at 6:15p.m. All in favour. MINUTES Town of Tillsonburg Meeting for the Heritage, Beautification & Cemetery Advisory Committee April3. 2014@ 9:00a.m. Marwood Lounge. Community Centre Complex CALL TO ORDER: The meeting was called to order at 9:00a.m. by Paul DeCioet. MEMBERS PRESENT: Charles Baldwin, Kelly Batt, Jeff Bunn, Ken Butcher, Rick Cox. Paul DeCioe6t, Marian Smith, Brian Stephenson MEMBERS ABSENT/REGRETS: John Armstrong, Sandra Bray, Judy Biro, Robert Marsden, Sue Saelens, Maurice Verhoeve, Janet Wilkinson DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF: None declared ADOPTION OF AGENDA: • Resolved That the agenda as prepared for this meeting of April3, 2014 be adopted. Moved by Brian Stephenson, seconded by Charles Baldwin. Carried. ADOPTION OF MINUTES: The minutes of March 6, 2014 were adopted as written. Moved by Charles Baldwin, seconded by Brian Stephenson. Carried. MINUTES & BUSINESS ARISING OUT OF THE MINUTES: 1. Tree By-law: Paul DeCioet and Charles Baldwin reviewed this document and found that authority for ay recommendations were referred to the "Tree Committee" which no longer exists so the bylaw is outdated. A copy of Stratford's tree bylaw was presented for consideration. Comparisons will be made and recommended changes for updating will be brought to the May I meeting. 2. Rolph Street Designation Update: In the absence of Sue Saelens this was referred to the next meeting 3. Keep Tillsonburg Beautiful update: The planning meeting was held on March 31 and plans are in place and tasks assigned for the day of the event. All members are invited to come out that day and take part in the event. 4, Alabastine Wilkinson Community Trust-the Town used this fund last year. Brian and Rick will attempt to find out who applied for this in the past as we don't want to compete with the Town. We have to pick a specific project to apply for, or add to another pending grant. Some possibilities are to improve Participark by naturalizing and planting tree specimens and enhancing wildlife in the park. 5. Home Hardware tree funding update -Dave Clergy is awaiting the application paperwork 6. Calendar update -In Janet Wilkinson absence this was referred to the next meeting. 7. TO Bank "Friends of the Environment" grant-Charles is getting details on how to apply for the grant. PRESENTATION: Rick Cox presented information on the neighbourhood meeting to review the vision of Memorial Park and the area surrounding the Tillsonburg Community Centre. The initial meeting is April 9 at 6:30p.m. in Marwood Lounge. There will be a second meeting of stakeholders on April16 at 6:30p.m. and a third public meeting on May 22 to present the results of the process from the first two meetings, also at 6:30 p.m. (see attached poster) CORRESPONDENCE: an official resignation was received from Judy Biro. Moved by Marian Smith, seconded by Charles Baldwin that this resignation be accepted. It is advised not to fill this vacancy due to the short period remaining of the term of this committee. ROUND TABLE: • Brian Stephenson-there will be a public meeting to discuss the future of Tillson burg Hydro Inc. on May 14 at 6:00p.m. MINUTES Town of Tillsonburg Meeting for the Parks & Recreation Advisory Committee on CALL TO ORDER February 11, 2014@ 8:00a.m. Marwood Lounge Chair: Bob McCormick The meeting was called to order at 8:00AM. MEMBERS PRESENT C. Burke J. Livermore B. McCormick, Chair J. Payne R. Cox, Director of Parks & Recreation MEMBERS ABSENT /REGRETS Regrets: D. Baxter D. Scanlan, J. McCurdy, Community Centre/Program Manager M. Renaud, Councillor D. Zvanitajs GUEST: L. Monk DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF None NEXT MEETING DATE After much discussion, Laurie will go back and make adjustments to the survey and will share the new version with us at a later date. REVISED TIMELINE: i. March 1, 2014-Survey to go out to public via Town website and through mail ii. April16-Community Search Conference iii. April 28 -Council Workshop iv. May 8-Open House/Public Information Session The next meeting shall be March 18th at 8:00AM, Marwood Lounge. This is a revised date as the 11th is during March Break. ADJOURNMENT RESOLVED THAT the meeting of the Parks & Recreation Advisory Committee of February 11, 2014 be adjourned at 8:49 a.m .. Moved by J. Livermore, and seconded by J. Payne. CARRIED. MINUTES Town of Tillson burg Meeting for the Parks & Recreation Advisory Committee on CALL TO ORDER January 14, 2014 @ 8:00 a.m. Marwood Lounge Chair: Bob McCormick The meeting was called to order at 7:30AM. MEMBERS PRESENT D. Baxter C.Burke D. Zvanitajs J. Livermore J. Payne M. Renaud, J. McCurdy, Community Centre/Program Manager R. Cox, Director of Parks & Recreation MEMBERS ABSENT /REGRETS Regrets: D. Scanlan , DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF None MINUTES & BUSINESS ARISING OUT OF THE MINUTES Proposed Resolution: RESOLVED THAT the Minutes as prepared for the Parks & Recreation Advisory Committee of December 10th, 2013 be adopted. Moved by J. Livermore, and seconded by B. McCormick. CARRIED. ADOPTION OF AGENDA Proposed Resolution: ADJOURNMENT RESOLVED THAT the meeting of the Parks & Recreation Advisory Committee of December 1dh, 2013 be adjourned at 9:02a.m .. Moved by J. Livermore, and seconded by D. Zvanitajs. CARRIED. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3810 A BY -LAW to establish and maintain clean and clear lands and to repeal by-law 2996. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person, for the purpose of exercising its authority under this or any other Act; WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction; AND WHEREAS Council may pass by-laws under the following provisions of the Municipal Act as amended; AND WHEREAS Section 127 of the Municipal Act 2001, S.O. 2001, c.25, as amended, permits a municipality may pass by-laws requiring a owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings and for regulating when and how such matters shall be done, for prohibiting the disposal of refuse or debris on land without the consent of the owner or occupant of land and for defining "refuse"; AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS section 446 of the Municipal Act 2001, S.O. 2001, c. 25 as amended provides that if a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the Municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense and the Municipality may recover costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Clean Yard By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: establish and maintain lands in a clean and clear condition, within the corporate limits of the Town of Til/sonburg. c) in a state of disrepair or unslightly by reason of missing door, glass or body "DWELLING UNIT" means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate a single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building or through a common hallway "GARBAGE" has the same meaning as waste material "HIGHWAY" shall have the same meaning as the Highway Traffic Act, RSO 1990, c.H.8, as amended, and shall include a common and public highway, street, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof "INDUSTRIAL WASTE" means any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material "MOTOR VEHICLE" includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, RSO 1990, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine "NATURALIZED AREA" means a landscape area that has been deliberately implemented to produce ground cover which consists of one or more species of wildflowers, annuals, perennials, shrubs and grasses or a combination thereof "ORDER" mean the written order as set out in Section 8 of this by-law "OWNER" means a registered owner of land, or any person in control of land, including a lessee or an occupant thereof "PERSON" means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; and includes an owner "PRIVATE DRAIN" means a drain or sewer or part thereof situated on private property "REFUSE" has the same meaning as waste material "SEWAGE" includes any liquid waste containing human, vegetable, animal or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off "STANDING WATER" means any water, other than a natural body of water that exist on a permanent basis or contained within a municipally owned storm water management facility, that is found either on the ground or in waste as defined in this by-law, but shall not include any of the following maintained in good repair and working condition; swimming pool, hot tub, wading pool, drainage swale or artificial pond "TOWN" means the Corporation of the Town of Tillsonburg "WASTE MATERIAL" means material or substance that is unusable or unwanted effluent that, 3 SECTION 4 NATURALIZED AREA 4.1 All naturalized areas must be in accordance with the following requirements: i. Any naturalized area on their land does not encroach above or onto any adjacent property ii. Where any naturalized area on their land is located within a sight line triangle, as defined by the Zoning By-law, such naturalized area complies with the maximum height regulations in the Zoning By-law respecting site triangles iii. No fill shall be allowed to remain in an unleveled state on any property longer SECTION 5 than 10 days (10) days unless the property is: a. A property on which a building permit or is in effect b. A property being subdivided under subdivision agreement with the Town c. Property upon which material is being stored with the approval of the Town of Tillson burg in connection with a public works contract d. Zoned for such use as per the Town of Tillsonburg's Zoning By-law COM POSTING 5.1 All com posting shall be carried out by the owner/tenant of the land in accordance with the following requirements: i. Com posting shall take place only in a container, pile or digester ii. Com posting shall take place in the rear yard of a property iii. Composting shall be set back at least 0.6 meters (2 feet) from any property line iv. The composting shall not take place within a swale v. The com poster or compost pile shall be no larger than 4.5 cubic meters, in a residential zone or abutting a residential zone. vi. A compost container or pile must be covered at all times, in a residential zone or abutting a residential zone, except when being emptied, or filled. vii. Organic materials placed in composter shall be kept covered with yard waste, soil, or humus. viii. The compost shall emit no offensive odor and it shall not be allowed to attract or harbour any vermin ix. The composting shall take place on the property of the person owning, having charge of or harboring the com poster or compost pile SECTION 6 STANDING WATER 6.1 No person shall keep a swimming pool, hot tub, wading pool, or artificial pond unless it is maintained in good repair and working condition. 5 i. the section that is in contravention of the by-law ii. the location/address of the contravention iii. reasonable particulars of the contravention iv. the work to be completed v. the date by which the work must be completed (minimum 10 days will be provided) Where an owner contravenes an Order the officer may without any further notice cause the work to correct the contravention to be done at each owner's expense. Without limitation, the officer may retain such persons to assist in completing the work as the By-law Enforcement Officer determines appropriate. All costs incurred by the Town in relation to such work may be recovered by the Town by being added to the tax roll and collected in the same manner as property taxes. An administrative fee will also be added as per the annual Rates and Fee By-law. SECTION 9 PENALTY Each person who contravenes any provision of this by-law is guilty of an offence. A person convicted of an offence contrary to a provision of this by-law in a proceeding commenced under Part Ill of the Provincial Offences Act, R.S.O. 1990, c. P.33, is liable to a fine of no less than five hundred dollars($500.00), and no more than Ten Thousand Dollars ($10,000) for each day or part of a day on which the offence occurs or continues provided that the total of all daily fines for the continuing offence shall not exceed One Hundred Thousand Dollars($1 00,000). A person convicted of an offence contrary to a provision of this by-law in a proceeding commenced under Part 1 of the Provincial Offences Act, R.S.O. 1990, c. P.33, is guilty of an offence and on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. SECTION 10 SEVERABILITY Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary. SECTION 11 REPEAL THAT By-Law No. 2996 is hereby repealed in its entirety. SECTION 12 EFFECTIVE DATE THAT this By-Law shall take effect on the date of its final passage by the Town's Council. 7 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3814 A BY-LAW to provide for advance votes to be held prior to Voting Day. WHEREAS Section 43(1) of the Municipal Elections Act, 1996 provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. Advance votes for the 2014 Municipal Election shall be held on the following dates and locations and during the following hours: ADVANCE POLL SCHEDULE Date: Location: Time October II, 2014 Tillsonburg Town Centre Mall (Thanksgiving Weekend) 1:00pm-7:00pm October 14,2014 Baldwin Place Recreation Centre I 0:00 am-6:00 pm October 17,2014 Hickory Hills Recreation Centre I 0:00 am-6:00 pm October 18,2014 Tillsonburg Town Centre Mall 1:00pm-7:00pm October 20,2014 The Livingston Centre 10:00 am-4:00pm October 23, 2014 Tillsonburg Customer Service Centre 9:00am-5:00pm October24,2014 Tillsonburg Customer Service Centre 9:00am-5:00pm 2. This by-law shall come into effect upon enactment of Council. READ A FIRST AND SECOND TIME this 28th day of April, 2014. READ A THIRD AND FINAL TIME AND PASSED this 28th day of April, 2014. Mayor -John Lessif Town Clerk-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER3816 WHEREAS the Municipality wishes to enter into an Agreement in order to participate in the federal Gas Tax Fund; AND WHEREAS the Municipality acknowledgesthatFundsreceivedthrough theAgreementmay be invested in an interest bearing reserve account for a maximum of five ( 5) years; AND WHEREAS section 23.1 of the Municipal Act, 200 I authorizes a municipality to delegate its powers and duties under the Municipal Act, 200 I, including those related to investments; AND WHEREAS the One Investment Program provides Ontario municipalities an opportunity for competitive investment returns and diversification ofinvestments, AND WHEREAS the Association ofMunicipalities of Ontario has worked with the One Investment Program to develop specific investment options for amunicipality's Gas Tax Funds, AND WHEREAS the Treasurer confirms thattheOne Investment Program complies with the Corporation's investment policies and goals; THEREFORE,theCouncilofThe Corporation of the Town ofTillsonburg, amunicipal corporationpursuantto the Municipal Act, 2001, enacts as follows: THAT The Mayor and Town Clerk are hereby authorized to execute this Municipal Funding Agreement for the transferoffederal Gas Tax Funds between the Association ofMunicipalities of Ontario and The Corporation of the Town ofTillsonburg as in Schedule A attached hereto. AND THAT the Corporation authorizes the appointment of the Association of Municipalities of Ontario, as the Municipality's delegate for the investment ofthe municipality's Gas Tax Funds in the specific Gas Tax investment options offered through the One Investment Program. AND THAT the agreement attached hereto forms part of this by-law. READ A FIRSf AND SECOND TIME TillS 28th DAY OF April,2014. READ A TillRD AND FINAL TIME AND PASSED TillS 28th DAY OF April, 2014. Mayor-John Lessif Town Clerk-Donna Wilson MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX FUNDS This Agreement made in duplicate as of 1st day of April, 2014. BETWEEN: AND: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as "AMO") THE TOWN OF TILLSONBURG (a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the "Recipient") WHEREAS the Government of Canada makes up to $2 billion per year available for allocation by the Government of Canada for the purpose of municipal, regional and First Nations infrastructure starting in the fiscal year beginning on April 1, 2014 under Section 161 of Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24; WHEREAS Canada, the Province of Ontario, Ontario municipalities as represented by AMO and Toronto are signatories to the administrative agreement on The Federal Gas Tax Fund on April1, 2014 (the "Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer federal gas tax funds made available to Ontario municipalities, excluding Toronto, pursuant to the Canada-Ontario-AMO-Toronto Agreement on behalf of Canada; WHEREAS the Canada-Ontario-AMO-Toronto Agreement contains a framework for the transfer of federal gas tax funds to Ontario municipalities represented by AMO and Toronto to provide stable, reliable and predictable funding for municipal infrastructure purposes; WHEREAS the Recipient wishes to enter into this Agreement in order to participate in the federal Gas Tax Fund; WHEREAS AMO is carrying out the fund administration and coordinating role in accordance with its obligations set out in the Canada-Ontario-AMO-Toronto Agreement and it will accordingly undertake certain activities and require Recipients to undertake activities as set out in this Agreement. THEREFORE the Parties agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings 1 "Event of Default" has the meaning given to it in Section 12.1 of this Agreement. "First Agreement" means the Municipal Funding Agreement for the transfer of federal gas tax revenues under the New Deal for Communities entered into by AMO and the TOWN OF TILLSONBURG, with an expiry date of March 31, 2015. "Funds" mean the Funds made available to the Recipient through the Gas Tax Fund, a program established by the Government of Canada under Section 161 of the Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by Section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, C. 33 or any other source of funding as determined by Canada. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. For greater certainty: (i) Funds transferred to another Municipality in accordance with Section 6.2 of this Agreement, other than as set out in Sections 7.1 (a), (c) and (f), are to be treated as Funds by the Municipality to which the Funds are transferred and are not to be treated as Funds by the Recipient; and (ii) any Funds transferred to a non-municipal entity in accordance with Section 6.3 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds. "Ineligible Expenditures" means those expenditures described as ineligible in Schedule C. "Infrastructure" means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Ontario. "Lower Tier Municipality" means a municipality that forms part of an upper-tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001 c.25. "Municipal Fiscal Year" means the period beginning January 151 of a year and ending December 31st of the same year. "Municipality" and "Municipalities" means every municipality as defined under the Municipal Act, 2001 S.O. 2001 c.25. "One Investment Program" means the co-investment program operated jointly by Local Authority Services, an incorporated subsidiary of AMO and CHUMS Financing Corporation, an incorporated wholly-owned subsidiary of the Municipal Finance Officers' Association of Ontario. "Outcomes Report" means the report prepared and delivered to AMO by the Recipient by March 31, 2017 and again by March 31, 2022 which reports on how Funds are supporting progress towards achieving the program benefits, more specifically described in Schedule D. "Oversight Committee" means the committee established to monitor the overall implementation of the Canada-Ontario-AMO-Toronto Agreement. 3 2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written notice. 2.5 The Parties agree that the First Agreement, including section 15.4 thereof, is hereby terminated. Notwithstanding the termination of the First Agreement, including section 15.4, the reporting and indemnity obligations of the Recipient thereunder with respect to expended Funds governed by the First Agreement as set forth in sections 5, 7, 1 0.4, 10.5 and 10.6 of the First Agreement shall survive the said termination. 3. RECIPIENT REQUIREMENTS 3.1 Communications. The Recipient will comply with all requirements outlined in Schedule E, including: (a) Providing upfront project information on an annual basis for communications purposes; (b) Including Canada in local project communications; and (c) Installing federal project signs. 3.2 lncrementality. Any Funds that the Recipient may receive from Canada are not intended to replace or displace existing sources of funding for the Recipient's tangible capital assets. The Recipient will ensure that its total annual expenditures on tangible capital assets over the life of the Agreement, on average, will not be less than the Base Amount. 3.3 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international trade agreements, and all other applicable laws. (a) The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4.1 Eligible Project Categories. Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in the categories of public transit, local roads and bridges, wastewater, water, solid waste, community energy systems, capacity building, local and regional airports, short-line rail, short-sea shipping, disaster mitigation, broadband connectivity, brownfield redevelopment, cultural, tourism, sport and recreational infrastructure, as more specifically described in Schedule B and Schedule C. 4.2 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule B and Schedule C. 5 assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred; in a form satisfactory to AMO. 6.3 Transfer of Funds to a non-municipal entity. Where a Recipient decides to support an Eligible Project undertaken by an Eligible Recipient that is not a Municipality: (a) The provision of such support shall be authorized by a by-law (a "Non- municipal Transfer By-law"). The Non-municipal Transfer By-law shall be passed by the Recipient's council and submitted to AMO as soon as practicable thereafter. The Non-municipal Transfer By-law shall identify the Eligible Recipient, and the amount of Funds the Eligible Recipient is to receive for that Eligible Project. (b) The Recipient shall continue to be bound by all of the provisions of this Agreement notwithstanding any such transfer. (c) No transfer of Funds pursuant to this Section 6.3 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered to AMO a written undertaking to assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred, in a form satisfactory to AMO. 6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. 6.5 Schedule of payout of Funds. The Recipient agrees that all Funds are to be transferred by AMO to the Recipient as set out in Schedule A Subject to Section 6.14, AMO will transfer Funds twice yearly, on or before the dates agreed upon by Canada and AMO, and, more specifically on the basis set out in Schedule A. 6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund or other separate distinct interest bearing account or invest the Funds through the One Investment Program or any other eligible investment permitted by the Ontario Municipal Act, 2001 and shall retain the Funds in such reserve fund, account or investment until the Funds are expended or transferred in accordance with this Agreement. The Recipient shall ensure that: (a) any investment of unexpended Funds will be in accordance with Ontario law and the Recipient's investment policy; and, (b) any interest earned on Funds will only be applied to Eligible Expenditures for Eligible Projects, more specifically on the basis set out in Schedule B and Schedule C. 6.7 Funds advanced. Funds transferred by AMO to the Recipient shall be expended by the Recipient in respect of Eligible Expenditures within five (5) years after the end of the year in which Funds were received. Unexpended Funds shall not be retained beyond such five (5) year period. AMO reserves the right to declare that Unexpended Funds after five (5) years become a debt to 7 (g) a listing of all Eligible Projects that have been funded, indicating the location, investment category, project description, amount of Funds and total project cost. 7.2 Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Report to be submitted to AMO. Specifically the Outcomes Report shall describe, in a manner to be provided by AMO, the degree to which investments in each Eligible Project are supporting progress towards achieving: (a) beneficial impacts on communities of completed Eligible Projects; and (b) enhanced impact of Funds as a predictable source of funding. 8. ASSET MANAGEMENT 8.1 Asset Management Plan. The Recipient will develop and implement an Asset Management Plan prior to December 31, 2016. 8.2 Outcomes. On a date and in a manner to be determined by AMO, the Recipient will provide a report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 9. RECORDS AND AUDIT 9.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local govern111ents from time to time by the Public Sector Accounting Board or the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent basis. 9.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient's municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to AMO and Canada for inspection or audit. 9.3 External Auditor. AMO and/or Canada may request, upon written notification, an audit of Eligible Project or an Annual Report. AMO shall retain an external auditor to carry out an audit of the material referred to in Sections 5.4 and 5.5 of this Agreement. AMO shall ensure that any auditor who conducts an audit pursuant to this Section of this Agreement or otherwise, provides a copy of the audit report to the Recipient and Canada at the same time that the audit report is given to AMO. 9 (a) the Funds; (b) the Recipient's Eligible Projects, including the design, construction, operation, maintenance and repair of any part or all of the Eligible Projects; (c) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees and agents, or by a Third Party, its officers, servants, employees, or agents; and (d) any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees or agents. 11. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE 11.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 11.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time during the five (5) years following the date of completion of an Eligible Project if it is sold, leased, encumbered or otherwise disposed of. 11.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered or otherwise disposed of, remains primarily for public use or benefit. 12. DEFAULT AND TERMINATION 12.1 Event of Default. AMO may declare in writing that an event of default has occurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has first consulted with the Recipient. Each and every one of the following events is an "Event of Default": (a) failure by the Recipient to deliver in a timely manner an Annual Report or Outcomes Report. (b) delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement. (c) failure by the Recipient to co-operate in an external audit undertaken by AMO or its agents. (d) delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement. (e) failure by the Recipient to expend Funds in accordance with Section 6.7. 11 (a) If to AMO: Executive Director Federal Gas Tax Fund Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Telephone: 416-971-9856 Facsimile: 416-971-6191 Email: gastax@amo.on.ca (b) If to the Recipient: Darrell Eddington Director of Finance/Treasurer Town of Tillsonburg 200 Broadway Street, 2nd Floor, Tillsonburg, ON N4G 5A7 Telephone: (519) 842-6428 x3251 Facsimile: (519) 842-9431 Email: deddington@tillsonburg.ca 15. MISCELLANEOUS 15.1 Counterpart Signature. This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 15.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 15.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law. 15.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 5, 6. 7, 6.8, 7, 1 0.4, 1 0.5, 11, 12.4 and 15.8. 13 Affix Corporate Seal Name: Donna Wilson Title: Town Clerk THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Title: Executive Director In the presence of: Witness: Title: 15 Date April 28,2014 Date Date SCHEDULE 8 ELIGIBLE PROJECT CATEGORIES Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in each of the following categories: 1. Local roads and bridges -i.e. roads, bridges, tunnels, highways and active transportation infrastructure (active transportation refers to investments that support active methods of travel. This can include: cycling lanes and paths, sidewalks, hiking and walking trails). 2. Public transit -i.e. a shared passenger transport system which is available for public use. 3. Drinking Water-i.e. drinking water conservation, collection, treatment and distribution systems. 4. Wastewater-i.e. wastewater and storm water collection, treatment and management systems. 5. Solid waste-i.e. solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. 6. Community energy systems -i.e. infrastructure that generates or increases the efficient usage of energy. 7. Capacity building-i.e. investments related to strengthening the ability of Municipalities to develop long-term planning practices. 8. Short-sea shipping -i.e. infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 9. Short-line rail-i.e. railway related infrastructure for carriage of passengers or freight. 10. Regional and local airports -i.e. airport-related infrastructure (excludes the National Airport System). 11. Broadband connectivity -i.e. infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. 12. Brownfield Redevelopment i.e. remediation or decontamination and redevelopment of a brownfield site within municipal boundaries, where the redevelopment includes: (a) the construction of public infrastructure as identified in the context of any other eligible category referred to in this Schedule, and/or; (b) the construction of municipal use public parks and publicly-owned social housing. 17 SCHEDULE C ELIGIBLE AND INELIGIBLE EXPENDITURES 1. Eligible Expenditures 1.1 Eligible Expenditures of Recipients will be limited to the following: (a) the expenditures associated with acquiring, planning, designing, constructing or renovating a tangible capital asset, as defined by Generally Accepted Accounting Principles (GAAP), and any related debt financing charges specifically identified with that asset; (b) for capacity building category only, the expenditures related to strengthening the ability of Municipalities to improve local and regional planning including capital investment plans, integrated community sustainability plans, life-cycle cost assessments, and Asset Management Plans. The expenditures could include developing and implementing: (i) studies, strategies, or systems related to asset management, which may include software acquisition and implementation; (ii) training directly related to asset management planning; and, (iii) long-term infrastructure plans. (c) the expenditures directly associated with joint federal communication activities and with federal project signage. 1.2 Employee and Equipment Costs: The incremental costs of the Recipient's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: (a) the Recipient is able to demonstrate that it is not economically feasible to tender a contract; (b) the employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and (c) the arrangement is approved in advance and in writing by the Oversight Committee. 1.3 AMO as Agreement Administrator: Up to 0.5% of the total funds will used by AMO to undertake the administrative responsibilities to implement the Agreement and to undertake related capacity building and program delivery including expenditures associated with communication activities such as public project announcements and signage. Canada will review and accept AMO's detailed business case submitted in accordance with the Canada-Ontario-AMO-Toronto Agreement prior to undertaking the administrative and related activities. 19 SCHEDULED REPORTING 1. Annual Report By March 31 51 of each year, the Recipient will provide to AMO an Annual Report in an electronic format deemed acceptable to AMO, consisting of the following: Recipient (a) Financial Reporting Table: The financial report table will be submitted in accordance with the following template: lmteres1 Earned li11amsferree to a Mumieipa[ity Spemt Olil Eligible Pmjects (for each Eligible P6oject categoliy.) mg Balalilce of runspent frunds Annual 20X~ $XXX $XXX $xxx $xxx $XXX $xxx $XXX ($XXX) ($xxx) ($xxx) ($XXX) $xxx (b) Project List: The Recipient will provide to AMO a project list submitted in accordance with the following template: Pr0jeet Pr0ject Eligilble 'fotal Funcds (G:JiF) l itle Oescripti0n Prajeet Project C0st Spent Completed catego~ (Yes/No/Ongoing) (Yes/No/Ongoing) (Yes/No/Ongoing) (Yes/No/Ongoing) 1 For the 2014 Annual Report this means the amount reported as unspent by the Recipient at December 31 , 2013 as reported in the 2013 Annual Expenditure Report (as defined under the First Agreement). 21 SCHEDULE E COMMUNICATIONS PROTOCOL 1. Purpose. The provisions of this Communications Protocol apply to all communications activities related to any Funds and Eligible Projects. Communications activities may include, but are not limited to, public or media events, news releases, reports, web articles, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, award programs, and multi-media products. 2. Information Sharing. The Recipient agrees to provide AMO with upfront information on planned Eligible Projects and Eligible Projects in progress on an annual basis, in an electronic format deemed acceptable by AMO, by March 31. Information will include, at a minimum: Eligible Project name, Eligible Category, Eligible Project description, total budgeted federal contribution (gas tax) and anticipated start date. 3. Project Signage 3.1 The Recipient may have a sign recognizing its contribution to Eligible Projects. 3.2 At Canada's request, the Recipient will install a federal sign to recognize federal funding at Eligible Project site(s). Federal sign design, content and installation guidelines will be provided by Canada. 3.3 Where the Recipient decides to install a permanent plaque or other suitable marker with respect to an Eligible Project, it must recognize the federal contribution to the Eligible Project and be approved by Canada. 3.4 The Recipient is responsible for the production and installation of Eligible Project signage, or as otherwise agreed upon. 3.5 The Recipient agrees to inform AMO of signage installations, in a manner determined by AMO. 4. Media Events and Announcements for Eligible Projects 4.1 The Recipient agrees to have regular announcements of Eligible Projects that are benefitting from the Funds that may be provided by Canada. Key milestones may be marked by public events, news releases and/or other mechanisms. 4.2 Media events and announcements include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. 4.3 Canada, AMO or the Recipient, may request a media event or announcement. 4.4 Media events and announcements related to Eligible Projects will not occur without the prior knowledge and agreement of AMO, Canada and the Recipient. AMO as administrator will ensure prior knowledge and agreement of other signatories to the Canada-Ontario-AMO-Toronto Agreement. 23 including but not limited to Eligible Project success stories, Eligible Project vignettes, and Eligible Project start-to-finish features. 8. Advertising Campaigns. Recognizing that advertising can be an effective means of communication with the public, the Recipient may, at its own cost, organize an advertising or public information campaign related to the use of the Funds or the Eligible Projects. However such a campaign must respect the provisions of this Agreement. In the event of such a campaign, the Recipient agrees to inform Canada and AMO of its intention, and to inform them no less than 21 working days prior to the campaign launch. 25 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3815 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 28th day of April, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on April28, 2014, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 28TH DAY OF APRIL, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 28TH DAY OF APRIL, 2014. MAYOR -John Lessif TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3798 BEING A BY-LAW TO PROHIBIT OR REGULATE SIGNS AND OTHER ADVERTISING DEVICES AND THE POSTING OF NOTICES WITHIN THE TOWN OF TILLSONBURG WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction, including structures, fences, and signs. AND WHEREAS Section 99 (1) of the Municipal Act 2001 states that a by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the ~dvertising device or a change in the message or contents displayed is deemed not in itself lO constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS the Council of the Corporation of the Town of Tillson burg is desirous of adopting a new Sign By-Law to prohibit and regulate signs and other advertising devices and the positing of notices within the Town of Tillsonburg. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1 3 7.3 Property Use Categories 29 SECTION 8 SPECIFIC SIGN REGULATIONS 29 8.1 Awnings 29 8.2 Billboard Signs 29 8.3 Canopy Signs 29 8.4 Electronic Message Board Signs 30 8.5 Ground Signs 30 8.6 Mobile Signs 31 8.7 Monolith/Pylon Signs 31 8.8 Multi-Unit Residential Signs 32 8.9 Open House Directional Signs 32 8.10 Personal Signs 32 8.11 Portable/A-Frame/Sandwich Board Signs 32 8.12 Promotional Subdivision Development Directional Signs 33 8.13 Promotional Construction Signs 34 8.14 Sidewalk Signs 34 ~.15 Subdivision Development Signs 34 ~.16 Wall Signs 35 8.17 Window Signs 36 SECTION 9 VARIANCES 36 9.1 Approval Authority 36 9.2 Minor Sign Variance Considerations 36 9.3 Director Approved Exemptions 37 9.4 Variance Applications 37 9.5 Approval and Conditional Approval 38 9.6 Appeal Process 38 SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF 39 UNLAWFUL SIGNS 10.1 Town Property 39 10.2 Contravention Procedure 39 10.3 Sign Removal and Disposal 39 10.4 Unclaimed Signs 40 10.5 Unsafe Signs 40 10.6 Maintenance 40 SECTION 11 OFFENCE AND PENAL TIES 40 ~1.1 Responsibility to Comply 40 11.2 Liability to Fines 40 11.3 Recovering Expenses 40 SECTION 12 SEVERABILITY 41 SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Sign By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: a) regulate signs placed on lands, buildings, and other structures within the corporate limits of the Town of Tillsonburg; and b) implement the policies of the Tillson burg Official Plan and Urban Design Guidelines. 1.3 COMPLIANCE WITH BY-LAW No person shall hereafter erect or display or cause or permit to be erected or displayed a sign except in conformity with the provisions of this By-law. 1.4 CONTENTS OF BY-LAW All references in the By-law to sections, regulations, exceptions, Tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. 1.5 LAWFUL NON-CONFORMING SIGNS The provisions of this By-law shall not apply to a sign or the use of an existing sign that was lawfully erected on or before the day this By-law comes into force if the sign is not substantially altered and the maintenance and repair of the sign or a change in the message or content displayed is deemed not in itself to constitute a substantial alteration. 1.6 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) 5 This By-law shall not be construed so as to reduce or mitigate restrictions or regulations for any sign that are lawfully imposed by the Town, or by any governmental authority having jurisdiction to make such restrictions or regulations. Compliance with this By-law does not relieve a property owner from complying with: a) the requirements of the Ontario Building Code; supporting unenclosed structure. CELLAR: Means the portion of a building between two floor levels that has 50% or more of is height below the average finished grade of the lot on which the building is located. The term cellar shall not include a basement. CHIEF BUILDING OFFICIAL: Means the Chief Building Official or designate. COMMERCIAL: Means, for the purposes of this By-law, a use which includes tourism uses. COMMUNITY BULLETIN AREA: Means a display surface designated by the Town of Tillsonburg for the purpose of providing temporary advertising of non-profit and community group event signs. COMMUNITY FACILITIES: Means facilities owned and operated by the Corporation of the Town of Tillson burg. COMMUNITY GROUP: Means a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors/Slate of Officers and they provide direct services, programs or events that benefit the residents of Tillsonburg and operate within the Town of Tillsonburg. They may or may not be incorporated provincially and/or federally. Places of worship organizations are considered to be a community group for the purpose of this by-law. CONSERVATION AUTHORITY: Means a conservation authority having jurisdiction in the Town of Tillsonburg. The term conservation authority shall include Long Point Regional Conservation Authority. COPY: Means the wording, letters, numerals, graphics, logos, and artwork of a sign, on the display surface and is either permanent or removable. COUNCIL: Means the Council of The Corporation of the Town of Tillsonburg. COUNTY: Means the County of Oxford. DIRECTOR: Means the Director of Development and Communications or their authorized designate. 7 storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By- law. ILLUMINATED SIGN: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. INSPECTOR: Means any By-Law Enforcement Officer or any other inspector appointed by Council pursuant to a by-law. INSTITUTIONAL: Means a use that includes community facilities, parks, schools under the jurisdiction of a board, government offices and hospitals. LANE: Means a public thoroughfare which affords only a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. MOTOR VEHICLE: Means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power. MUNICIPAL AGREEMENT: Means an agreement made with the Corporation of the Town of Tillson burg. MUNICIPAL CLERK: Shall mean the Municipal Clerk of the Corporation of the Town of Tillsonburg or the Deputy Clerk acting in place of the Municipal Clerk in accordance with the Municipal Act. MUNICIPALITY: Means The Corporation of the Town of Tillson burg. MUNICIPALITY'S ZONING BY-LAW: Means Zoning By-law 3295 and as amended. MURAL: Means a painting, illustration, or decoration applied to a free standing sign or the exterior wall of a building and that is otherwise not a sign as defined by this By-law. NON-PROFIT/NOT -FOR-PROFIT ORGANIZATION: Means an organization similar to a community group with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, should be able to provide their not-for-profit number and operate within the Town of Tillsonburg. 9 11 PUBLIC PROPERTY: Means property owned by or under the control of the Town of Tillsonburg or any of its agencies, boards or commissions, and includes any lands belonging to or owned by the County of Oxford, a conservation authority, the Province or Government of Ontario or the Government of Canada. This shall include public highways, and shall be deemed to include utility poles located on public property including road allowances, regardless of whether the poles are owned by or under the control of the Town. RIGHT-OF-WAY: Means an area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street. The term right-of-way shall not include a private road. ROAD ALLOWANCE: Shall have a corresponding meaning to that of street and shall include any shoulder, ditch or boulevard. SIGHTNISIBILITY TRIANGLE: Means a triangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions between a height of 0.6 meters (1.96 ft) and 3.0 meters (9.84 ft) above the center line grade of the intersecting lane, street or private road that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. As illustrated, a sight/visibility triangle shall be determined as follows: a) the sight/visibility triangle adjacent to an exterior side lot line shall be the area enclosed by each of the street lines measured 9.0 meters (29.53 ft) back from the intersection of the street lines, and a diagonal line drawn between these two points b) the sight/visibility triangle from a driveway, lane, or right-of-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3.0 meters (9.84 ft) back from the intersection of the street lines and the limit of the driveway, lane, or right-of-way and a diagonal line drawn between these two points. c) the sight/visibility triangle extends beyond private property into the road allowance as illustrated: non-rigid material mounted on a frame attached to the wall of a building but does not include a canopy sign or freestanding canopy sign. Banner Sign: Means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material. Barn Sign: Means a sign affixed parallel to a wall or roof of a farm structure and which identifies the name of the occupant and/or of the farm on which said farm structure is located, but shall not be a roof sign as defined in this By-law. Billboard Sign: Means a sign erected and maintained to advertise, market or promote a business, product, service or activity not conducted or produced, sold, stored or assembled within the building or upon the premise on which the sign is erected. Canopy Sign: Means a sign affixed to a permanent rigid structure with or without supporting columns attached to and projecting from the exterior face of a building but does not include an awning sign or canopy freestanding sign. Canopy Freestanding Sign: 13 Means a sign affixed to a permanent rigid structure providing protection from the weather supported on columns and unenclosed on all sides. Directional Sign: Means a sign erected on a property to identify an entrance, exit, or area for the purpose of directing persons and/or regulating the movement of traffic or pedestrians on a property. Election Campaign Sign: Means any device advertising or promoting a candidate as per the Town's Election Campaign Sign By-Law# 3786 as amended; Electronic Message Board Sign: Means a sign which has messages that can be changed and displayed by electronic means. Ground Sign: Means a sign permanently affixed to the ground by one or more self- supporting poles or supported by a free-standing masonry structure. Illuminated Sign: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. Pre-Menu Board Sign: Means a sign erected as part of a drive-through facility and only used to display products and services available at the drive-through business. Portable Sign: Means a sign not permanently attached to the ground or a permanent structure and which is designed to be moved readily and manually by one person from one location to another, and includes signs commonly referred to as A-Frame, Personal, Sandwich Board, Sidewalk, etc. Projecting Sign: Means a sign not directly supported from the ground but generally erected perpendicular to a supporting building wall, but shall not be a wall sign as defined in this By-law (Overhanging sign has the same definition) Projection Sign: 15 Means a sign that is displayed on a surface, building, or structure, by the projection of a beam of light or other source of illumination. Promotional Construction Sign: Means a sign advertising construction, reconstruction, repair, renovation and/or development and may include the name of the project, the name of firms and personnel related to the project. Promotional Subdivision Development Direction Sign: Means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. Public Use Sign: Means a sign erected by or under the jurisdiction of a Public Authority. Pylon Sign: Means a sign supported by one or more poles and with an open base. Real Estate Sign: Means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. Roof Sign: Means a sign the entire face of which is above the lowest point at which the roof meets the building. Sandwich Board Sign: Means a freestanding temporary sign with no more than two faces joined at a period of ninety (90) days or more, or any sign that pertains to a time, event, or purpose that no longer applies. SIGN AREA: Means: SIGN AREA MEASURED BY DISPLAY SURFACE~ SIGN AREA MEASURED BY FREE STANDING LETTERING, ETC. ~ SIGN, HEIGHT: a) in the case of a sign having one display surface, the area of the display surface; b) in the case of a sign having two display surfaces, which are separated by the thickness of the sign structure and the thickness is not used as a display surface, the area of one display surface; c) in the case of a free standing number, letter, picture, image, graphic, emblem, symbol, or shape, the smallest rectangle which will enclose the number, letter, picture, image, graphic, emblem, symbol, or shape. Means the vertical distance from the ground on which the sign is erected to the highest physical point of the sign. SIGN, LENGTH: Means the horizontal distance between the extremities of the sign. SIGN PERMIT: Means a permit issued under this By-law. SIGN SUPPORT STRUCTURE: Means the framework, bracing and support of a sign. SITE PLAN APPROVAL: Means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. STOREY: Means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. STREET: Means a road or public highway under the jurisdiction of the Town of Tillsonburg, County of Oxford or the Province of Ontario that is maintained so as to allow normal use by motor vehicles, or a road or public highway located within a 17 c) All measurements and dimensions in this By-law are expressed in metric. d) "Schedule A" to this By-law shall be interpreted as if it is contained in the text of the By-law. SECTION 3 ADMINISTRATIVE PROVISIONS This By-law shall be administered and enforced by the Chief Building Official, or designate. 3.1 OWNER RESPONSIBILITY Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY: APPLICATION FOR PERMIT 19 No person shall make an application for a sign permit who is not the owner of the property or the owners authorized agent. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY: PERMITS AND PENALIZATION No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, its servants or agents, may issue an Order as per Section 10.2 of this By-law and may impose a penalty under Section 11 of this By-law. 3.4 SIGN PERMIT REQUIRED a) Except as permitted in Section 4 (Exempt Signs), no person shall erect or alter a sign unless a permit under this bylaw for the sign has been obtained from the Chief Building Official. b) A sign permit shall not be issued to erect or alter a sign unless an application for the sign has been submitted in accordance with subsection 3.5 and has been approved by the Chief Building Official as being in conformity with this By-law and all other applicable By-laws and laws regulating signage. vehicular access, doors, windows and other existing signs; and 21 iv. When applicable include a site plan of the lands upon which the sign is to be erected indicating the location of the proposed sign on the site, street lines and other boundaries of the property, sight/visibility triangle and the location and dimensions of the building(s) thereon. v. Heritage review in accordance with the section 3.6. 3.6 HERITAGE REVIEW (a) In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Tillson burg's List of Heritage Properties are subject to review and approval by the Tillson burg Cemetery and Heritage Advisory Committee (TCHAC) prior to the issuance of the permit. (b) In addition to Section 3.5 every application in clause (a) above submitted to the TCHAC for review shall be accompanied by plans drawn to scale clearly showing; i. The type, character, dimensions and design of the proposed sign including historically appropriate colours of the sign and lettering. ii. The proposed means of illumination. iii. Any other information the TCHAC may prescribe or require. 3. 7 PERMIT FEES a) All applications for permits filed with the Chief Building Official shall be accompanied by payment of the permit fee in accordance with the Town Rates and Fees By-law as amended. b) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. 3.8 ISSUANCE AND DENIAL a) The Chief Building Official shall issue a permit if the completed application conforms to the provisions of this By-law and every other By-law of the Municipality plus the Ontario Building Code and regulations made thereunder and if all fees are paid; iv. Where the permit has been issued in error by the Town. v. Where the sign erected does not conform with the plans or specifications approved by the Town on which the permit was issued 23 f) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this By-law. 3.10 INSPECTIONS SECTION 4 a) The Chief Building Official may require at the time of issuance of a permit that notification be provided for an inspection(s) prior to the installation of certain stages of the sign construction; and b) Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the Chief Building Official upon completion of the work. The Chief Building Official may require a final inspection, including an electrical inspection. EXEMPT SIGNS 4.1 SIGN PERMIT EXEMPTIONS No sign permit is required to erect the following signs provided the signs otherwise comply with the applicable provisions of this By-law: a) Election signs (see Election Campaign Sign By-Law); b) Rea/ Estate signs/Open House Directional signs; c) Personal signs; d) A-Board/Sandwich Board/Sidewalk signs; e) Promotional Construction Direction signs/Subdivision Development signs; f) A sign having a sign area less than 0.10 m2 (1.07 ft2) (e.g. poster). g) Directional sign 25 occupant which may incorporate hours of work, operation or availability. The aforementioned sign shall not be more than 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. e) One identification and vacancy information sign for a duplex dwelling, triplex dwelling or converted dwelling not exceeding 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. f) No Trespassing sign or other signs regulating the use of property provided such signs are no more than 0.2 m2 (2.15 ft2) in sign area. g) Memorial signs and plaques identifying a building or structure and its architectural or historical significance not exceeding 0.5 m2 (5.38 ft2) in sign area. h) Signs affixed to a community entrance feature displaying the name and address of a residential community approved through a Planning Development approval process. i) Advertising on Town fixtures when approved by the Town. SECTION 5 PROHIBITIONS 5.1 SPECIFIC SIGN PROHIBITIONS Any sign not expressly permitted by this By-Law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited. No person shall erect, use or maintain, or cause or permit to be erected, used or maintained any of the following signs: a) A sign located on premises which does not specifically identify or advertise a business, service, or occupant of the premises where it is located, unless otherwise specified in this By-law; b) Roof sign; c) Overhanging sign/Projecting sign; d) Vehicle/Trailer sign on non-motorized vehicles where the purpose of the sign meets the definition of a sign under this By-law; e) A sign which may cause confusion with a traffic control sign or a traffic control signal; f) flashing or animated signs; 27 c) No person shall erect a sign which obstructs or otherwise impedes the utilization of a parking space, loading space, driveway or aisle unless additional parking spaces or loading spaces are provided to comply with the requirements and regulations of the Town; d) No person shall locate a sign which obstructs or impedes the functioning of any flue or air intake, or any exhaust system; e) No person shall nail, screw, tape or otherwise fasten a sign to a tree, fence or fence post other than a no trespass sign; f) No person shall erect a sign with a footing/foundation less than 1.0 metre (3.28 ft) from a street line; g) No person shall erect a sign higher than 0.75 metres (2.46 ft) within 3.0 metres (9.84 ft) of any road allowance where the sign may impede vision of an access from any improved public street to any lot; h) No person shall erect a sign within any road allowance other than a promotional subdivision development directional sign and an open house directional sign. i) No person shall erect a sign within a sight/visibility triangle. SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as otherwise permitted in this By-law the number of signs shall be limited to: a) One (1) ground sign, pylon sign or monolith sign per lot; b) For single-tenant buildings walls signs, awning signs and canopy signs are only permitted on one wall face or elevation in accordance with the maximum sign area provisions for the zone in which they are located, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public streets, or has both a front and a rear public entrance, one (1) additional wall sign is permitted; (c) For multi-tenant buildings one (1) of any of the following per business premise: i. wall sign, awning sign or canopy sign, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public highways, or has both a front and a rear public entrance one (1) additional 7.3 PROPERTY USE CATEGORIES For the purposes of this By-law, the type of sign allowed on a property is based on the use of the property. The following land uses which are permitted on particular lands by the Municipality's Zoning By-law are identified in "Schedule A" to this By-law: RES residential IND industrial SC service commercial NC neighborhood commercial INS institutional FD future development EC entrepreneurial CC central commercial SECTION 8 SPECIFIC SIGN REGULATIONS 8.1 AWNING SIGNS a) No portion of an awning sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. b) No awning sign, or part thereof, shall extend laterally beyond the extremities of the awning. c) Awning signs are not permitted to project into a lane or alley. 8.2 BILLBOARD SIGNS a) A billboard sign shall not be located, erected or displayed within 400 meters (1 ,312.24 ft) of any other billboard sign. b) Animated signs are not allowed as billboard signs. 8.3 CANOPY SIGNS 29 No portion of a canopy sign shall be located less than 2.4 meters (7 .87 ft) above finished grade immediately below such sign. a) A canopy sign is permitted to project a maximum of 150 mm (0.51 ft) from an existing canopy structure. 8.6 MOBILE SIGNS Mobile signs shall be erected in compliance with the following: a) A mobile sign advertising a business may be erected provided that it is located on the same property as the business which it is advertising. b) No flashing lights 31 c) One sign per property is permitted at any one time except properties with a frontage exceeding 50 m (164.0 ft) or part thereof are permitted an additional mobile sign provided no mobile sign is located closer than 30.0 m (98.44 ft) from any other mobile sign d) 30 meter (98.43 ft) distance between mobile signs e) Mobile sign permits are valid for 30 days f) Mobile sign permits may be renewed for a maximum of 180 days in a 12 month period with the exception of multi-tenant properties which are permitted 365 days in a 12 month period g) Signs shall not be placed in sight/visual triangles or near driveways that may block motorists view h) Where the mobile sign is rented/leased from a sign company, the sign shall have the name and telephone number of the sign company affixed to the sign in a clear and visible location. 8. 7 MONOLITH/PYLON SIGNS a) Monolith or pylon signs can be used as ground signs where ground signs are allowed. The regulations for ground signs will apply in regards to height and size. b) All monolith and pylon signs must include the municipal street address if the sign is located on the street frontage pertaining to the street address and shall display the municipal address number in numerals and letters that are a minimum of 150 mm (0.51 ft) in height; c) Monolith signs shall not have a sign display surface located lower than 1.5 metres (4.92 ft) above finished grade. d) Pylon signs shall not have a sign display surface located lower than 2.44 metres (8.01ft) above finished grade. e) The distance between Monolith/Pylon signs on adjacent properties b) Only one (1) sign permitted per business with a maximum of two (2) signs permitted per property; c) Properties that front onto multiple streets are permitted to place signs on each street frontage as per section 8.11 (b); d) Sign shall not exceed 1.0 metre (10.76 ft) squared; e) Shall not be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision, or interferes with parking spaces; f) Sign shall not be placed closer than 0.30 m (1.0 ft) from the street line; g) Signs manufactured prior to the passing of this by-law which are in excess of 1.0 meters (10.76 ft) squared shall be permitted for a period of 4 years from the date that this by-law was passed; h) Shall not be illuminated; 8.12 PROMOTIONAL SUBDIVISION DEVELOPMENT DIRECTION SIGNS Promotional Subdivision Development Direction signs shall be erected in compliance with the following: e) A maximum of 4 signs per sales office/model home 33 f) The sign shall only be used and displayed during the actual hours of operation of the subdivision sales office during week days; and signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than 1.0 metre (328 ft) to the curb, or where there are no curbs, 3.0 metres (9.84 ft) from the edge of the travelled portion of the street and that such signs are removed no later than 08:00 hours (8:00 a.m.) on each Monday. g) No Promotional Subdivision Development Direction sign shall be located within 25 meters (82.02 ft) of an intersection measured from the intersecting edge of curb or traveled portion of the street. h) No Promotional Subdivision Development Direction sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; located on the plan of subdivision site. b) A subdivision development sign shall be removed within thirty (30) days after the date of the sale of the last property with in the plan of subdivision. 8.16 WALL SIGNS The following regulations shall apply to wall signs: 35 a) No wall sign, or part thereof, shall extend above the top extremity of the wall upon which it is placed. b) No wall sign, or part thereof, shall extend laterally beyond the extremities of the wall upon which it is placed. c) No wall sign, or part thereof, shall project more than 500 mm (1.64 ft) from the wall upon which it is placed. d) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed shall be located less than 2.4 meters (7.87 ft) above the grade below such sign. e) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed if located on a lane shall be located less than 5.0 meters (16.40 feet) measured vertically from the surface of the lane. f) Wall signs shall only be located at the level having direct access to an exterior public way except that where a premise occupies all levels in a multi-storey building the wall sign may be located above the level having direct access to an exterior public way. g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of 0.75 m2 (8.07 ft2) per horizontal linear meter of the wall face. h) Wall signs shall not cover more than 20% in total aggregate area of the wall on which they are erected, displayed or placed. i) The total area of any sin~le wall sign per business premise shall not exceed 35m2 (376.74 ft ). j) Wall signs shall not be painted on the exterior walls of any building excluding a mural which has been approved by Council. or use referred to in the application b) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c) whether the proposed sign will detrimentally alter the character of the building, property or area, and d) whether the general intent and purpose of the Sign By-law is maintained 9.3 DIRECTOR APPROVED EXEMPTIONS The Director's approval authority does not apply to the following sections of the Sign By-law: 37 a) Schedule A, Permitted Sign Use/Property Use Table, Signs allowed by property use b) All Sign By-law provisions with regards to Mobile Signs c) All provisions with regard to Billboard Signs. 9.4 VARIANCE APPLICATIONS An application for a variance from one or more of the requirements in this Sign By-law shall: a) Describe the land, building or structure on which the proposed sign is or is to be erected, by street name, street number or by other equivalent description; b) State the full names, addresses, and telephone numbers of the owner and any occupant of the premises and the owner and/or lessee of the sign; c) Contain a declaration to be sworn by the applicant as to the truth and accuracy of the application, its contents and the submitted documents including property owner authorization; Be accompanied by plans, specifications, and drawings in accordance with the following subsection; d) The plans, specifications, and drawings required and referred to above shall: SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF UNLAWFUL SIGNS 10.1 TOWN PROPERTY No signs shall be placed on or over Town property without approval from the Town. Where a sign does not comply with this by-law, is erected or displayed on, over, partly on, or over property owned by or under the jurisdiction of the Town, the sign may be removed immediately by the Town without notice or compensation. For this purpose, the Town and its agents may enter upon land at any reasonable time. 10.2 CONTRAVENTION PROCEDURE Where a sign does not comply with this by-law, is erected or displayed, the Chief Building Official or By-Law Enforcement Officer shall issue an order to do the work to correct the contravention, by personal service or regular mail, to the owner of the sign, or the owner or occupier of the land upon which the sign is located, the order shall include the following; a) The order shall outline the nature of the contravention, b) The section of the by-law that is contravened c) The date by which there must be compliance d) A description and address of the sign that is in contravention e) Include a statement of where and how the Sign may be redeemed 10.3 SIGN REMOVAL AND DISPOSAL Where a sign has been removed by the Municipality pursuant to this by-law, the owner and/or occupant is liable to a minimum charge per sign as per the Municipalities Rates and Fees By-Law as amended or the actual cost of removing the sign(s), whichever is greater. Signs that are removed shall be stored by the Municipality for a period of 30 days, during which time the 39 owner, occupant, and/or permit applicant is entitled to redeem the sign. The cost of removing the sign and the storage fee as per the Municipalities Rates and Fees By-Law as amended must be paid to the Municipality before the sign will be released. At the expiry of 30 day period, the sign will be disposed of by the Municipality. All fees and removal is to be at the expense of the owner or occupant and the expense may be collected in like manner as municipal taxes. SECTION 12 court of competent jurisdiction for an offence committed under this or any other by-laws. SEVERABILITY 41 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such decision does not affect the validity, effectiveness, or enforceability of the other sections or parts of the provisions of this By-law unless the court makes an order to the contrary. SECTION 13 CONFLICTING BY-LAWS Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating signage, the provisions of the By-law deemed by the Chief Building Official to be the most restrictive shall prevail. SECTION 14 INDEMNIFICATION The applicant for a permit for a sign, and the owner and occupant of the lands and premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Town, its officers, employees, servants and agents, from all loss, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from and in consequence of the construction, erection, maintenance, display, alteration, repair or removal of such sign. SECTION 15 VALIDITY: In the event any part or provision of this By-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which may or shall be determined to be legal. SECTION 16 REPEAL Town of Tillson burg By-Law 2976 and all of its amendments are hereby repealed upon the date this By-law comes into effect. canopy Sign -- Directional Sign --- Bectronic Message Board Sign Mobile Sign Monolith/Pylon Sign Not Permllled AUowed Not Permllled Not Permitted Not Permllled AlloWed AREA:0.3 m2 (3.23 fil) !AREA: 3.Dm2 (39.29 fil) Not Permitted I Not Permllled Not Permitted Not Permllled NotPermltled 43 SCHEDUlE A: PERMITTED SIGN USE/PROPERTY USE TABlE Allowed AlloWed I Not Applicable I Not Permltled Not Permllled Not Permllled AREA:19 m• (200 ttj Not Permllled HEIGHT: 7,5 m,(24.611!) AllOWed Allowed Not ,Applicable Not Permltled !AREA: 0.5 m2 (S.38fil) !AREA: 3.Dm2 (39.29 fil) I Not Ajlplicab1e I I I Not Permllled Not Peflnllled Not Permllled Not Permltled Not Permltled Not Permltled Not Permllled Not Permitted Subdivision Development Wall Sign Not Permitted SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE Not Applicable : one sign, must meet area requlremenls · 50 % of Window area dis1ribllted across 100% of the glass ResldenUal bulkllngiS Within the DOWNTOWN area are allOWed 10% of the WindoW area 45 Not Permitted It) Not Applicable Not Applicable