The URL can be used to link to this page

180625 Council AGDTable of Contents Agenda 3 Minutes of the Meeting of June 14, 2018 180614 Councl MIN 13 Application for Minor Variance - A-10/18, Greg McCurdy, 695 Broadway A-10/18 Report 24 Report Attachments 28 Application A-10/18 31 Application for Minor Variance - A-11/18, Edward Whinnery, 49 Woodhaven Drive A-11/18 Report 36 Report Attachments 40 Application A-11/18 44 Application for Draft Plan of Subdivision Approval and Zone Change (SB 18-02-7 & ZN 7-18-04), Oxnard Developments SB 18-02-7 & ZN 7-18-04_rpt 48 Report Attachments 63 Application SB 18-02-7 68 Application ZN 7-18-04 74 Request for Extension of Draft Plan Approval - 32T-07006 - Lindprop 32T-07006 DAE Report 78 Report Attachments 81 CL 18-22, Century Plaque Program Policy CL 18-22, Century Plaque Program Policy 83 9-008 Century Plaque Program- DRAFT 85 Century Plaque Program Application Form 89 Century Plaque Program Procedure 90 Update on Norfolk County Official Plan Review CP 2018-143- Update to Proposed Changes to Norfolk County OP 91 CAO 18-07, Resident’s Concerns – North Park Phase 1 – Langrell Ave CAO18-07 Residents Concerns North Park Phase 1 Langrell Ave 93 CAO 18-10, Update - Wood Haven Subdivision Outstanding Works CAO 18-10 Update - Wood Haven Subdivision Outstanding Works 97 Attachment 1 to CAO 18-10 100 Attachment 2 to CAO 18-10 101 CL 18-23, Council Remuneration CL 18-23 Council Remuneration 103 2-008 Council Expense Policy Draft (3)108 By-Law 4207 Council Remun 2014 - 2018 114 1 Council and Mayor Comp tax balanced 117 Council Expense Policy - Corporate Policy 120 AMO 2017 Annual Council Remuneration Servey 121 RemunerationSurvey-2017 128 Council Remuneration Data 131 AMCTO council compensation 2018 132 DCS 18-26, Community Improvement Plan Application – 10 Clearview Dr Report DCS 18-26 171 Application 175 DCS 18-27, Community Improvement Plan Application – 83 Rolph St Report DCS 18-27 182 Application 186 FIN18-18, Ground Lease Agreement History FIN18-18 Ground Lease 193 FIN 18-19, 2017 Surplus Allocation 2018 Surplus Allocation 195 FIN 18-20, 2017 Financial Statement Reconciliation FS Reconciliaton 197 OPS 18-17, Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation OPS 18-17 Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation 198 RCP 18-24, Green Energy Act Reporting 2018 RCP 18-24 - Green Energy Act Reporting 2018 200 Energy consumption spreadsheet 202 Committee Minutes 180531 Museum Advisory MIN 203 180607 HBC Committee MIN 207 By-Law 4204, To adopt the Century Plaque Program Policy By-Law 4204 Century Plaque Program Policy 209 By-Law 4206, To Adopt the Council/Local Board Expense Policy By-Law 4206 Council Expense Policy 2018 - 2022 210 2-008 Council Expense Policy Draft (3)211 By-Law 4207, To Establish the Rate of Remuneration for Council By-Law 4207 Council Remun 2018 - 2022 217 By-Law 4210, To Amend By-Law 4079, Building By-Law Deposit By-Law 4210 To Amend By-Law 4079 220 By-Law 4208, To confirm the proceedings of Council at its meeting held on the 25th day of June, 2018 4208 Confirm Proceedings- Jun 25-2018 Meeting 221 2 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, June 25, 2018 be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of June 14, 2018 180614 Councl MIN Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of June 14, 2018 be approved. 6. Public Meetings Proposed Resolution #3 Moved By: Seconded By: THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, June 25, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - 6.1. Application for Minor Variance - A-10/18, Greg McCurdy, 695 Broadway A-10/18 Report Report Attachments Application A-10/18 Proposed Resolution #4 Moved By: Seconded By: THAT the Committee of Adjustment approve Application File A-10/18, submitted by Greg McCurdy, for lands described as Part Lot 7, Concession 10 (Dereham), Town of Tillsonburg, as it relates to permission to construct a residential accessory building, as well as a front yard deck on lands considered legal non-conforming, subject to the following conditions: i. The accessory building is permitted to a maximum of 78 m2 (840 ft2); ii. The minimum setback of 5 m (16.4 ft) must be maintained between the proposed accessory building and the existing septic system leaching bed distribution pipes; iii. A minimum front yard depth of 1.75 m (5.7 ft) must be maintained; iv. Grading plans are to be provided for the proposed garage; v. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 6.2. Application for Minor Variance - A-11/18, Edward Whinnery, 49 Woodhaven Drive A-11/18 Report Report Attachments Application A-11/18 Proposed Resolution #5 Moved By: Seconded By: THAT the Committee of Adjustment approve Application File A11/18, submitted by Edward Whinnery, for lands described as Lot 30, Plan 41M-232, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to reduce the required interior and rear yard setback for a residential accessory structure (a gazebo) from 1.2 m (3.9 ft) to 0.66 m (2.17 ft) and 0.56 m (1.83 ft), respectively; and 4 Council Meeting – Agenda - 3 - 2. Relief from Table 6.2 – Low Density Residential – Type 1 Zones (R1A), to increase the maximum lot coverage from 35% lot area to 37%, subject to the condition that a building permit for the proposed accessory building shall be issued within one year of the date of the Committee’s decision. Proposed Resolution #6 Moved By: Seconded By: THAT Council move out of the Committee of Adjustment and move back into regular Council session. 6.3. Application for Draft Plan of Subdivision Approval and Zone Change (SB 18-02-7 & ZN 7-18-04), Oxnard Developments SB 18-02-7 & ZN 7-18-04_rpt Report Attachments Application SB 18-02-7 Application ZN 7-18-04 Proposed Resolution #7 Moved By: Seconded By: THAT Council approves in principle the zone change application (ZN 7-18-04) submitted by 2385667 Ontario Limited, to rezone the subject property from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ and ‘Special Medium Density Residential Zone (RM-sp)’ to facilitate the development of a residential draft plan of subdivision; AND FURTHER THAT Council advise County Council that they support the application of 2385667 Ontario Limited, to create a draft plan of subdivision (File No. SB 18-2-7) for lands described as Part of Lot 24, Plan 1653, in the Town of Tillsonburg, subject to the conditions of draft approval as contained in Report CP 2018-173. 7. Planning Applications 7.1. Request for Extension of Draft Plan Approval - 32T-07006 - Lindprop 32T-07006 DAE Report Report Attachments 5 Council Meeting – Agenda - 4 - Proposed Resolution #8 Moved By: Seconded By: THAT Council supports an extension of draft approval for a plan of subdivision submitted by Lindprop Corp., for lands described as Lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg, to October 22, 2020, to grant additional time to satisfy the conditions of draft plan approval and register the draft plan of subdivision. 8. Delegations and Presentations 8.1. Volunteer of the Month - Sandra Andrews Presented by: Mayor Molnar 9. Committee Reports & Presentations 9.1. CL 18-22, Century Plaque Program Policy Presented By: Bob Marsden, Chair, Heritage, Beautification and Cemetery Committee CL 18-22, Century Plaque Program Policy 9-008 Century Plaque Program- DRAFT Century Plaque Program Application Form Century Plaque Program Procedure Proposed Resolution #9 Moved By: Seconded By: THAT Council receives Report CL 18-22, Century Plaque Program Policy; AND THAT Council supports the recommendations of the Heritage, Beautification and Cemetery Committee; AND FURTHER THAT a by-law to adopt the Century Plaque Program Policy be brought forward for council consideration. 10. Information Items 10.1. Update on Norfolk County Official Plan Review CP 2018-143- Update to Proposed Changes to Norfolk County OP Proposed Resolution #10 Moved By: Seconded By: 6 Council Meeting – Agenda - 5 - THAT Council receives CP Report 2018-143, Norfolk County Official Plan Changes - Norfolk Mall, as information. 11. Mayor 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. CAO 18-07, Resident’s Concerns – North Park Phase 1 – Langrell Ave CAO18-07 Residents Concerns - North Park Phase 1 - Langrell Ave Proposed Resolution #11 Moved By: Seconded By: THAT Council receives Report CAO 18-07, Resident’s Concerns – North Park Phase 1 - Langrell Ave for information; AND THAT staff be authorized to take the actions as noted in Report CAO 18-07 Resident’s Concerns – North Park Phase 1 - Langrell Ave to address the concerns raised by residents of North Park Phase 1; AND THAT securities held by the Town of Tillsonburg for North Park Phase 1 - Langrell Ave in the amount of approximately $65,245.26 and additional funding of approximately $150,000.00 from the Development Remediation Reserve Fund for a total of $215,245.26 be allocated to complete the subdivision deficiencies. 13.1.2. CAO 18-10, Update - Wood Haven Subdivision Outstanding Works CAO 18-10 Update - Wood Haven Subdivision Outstanding Works Attachment 1 to CAO 18-10 Attachment 2 to CAO 18-10 Proposed Resolution #12 Moved By: Seconded By: THAT Council receives Report CAO 18-10 Update - Wood Haven Subdivision Outstanding Works; AND THAT Council direct staff to report back after the July scheduled meeting between representatives of Permterra Development Corporation and the Town. 7 Council Meeting – Agenda - 6 - 13.2. Clerk’s Office 13.2.1. CL 18-23, Council Remuneration CL 18-23 Council Remuneration 2-008 Council Expense Policy Draft (3) By-Law 4207 Council Remun 2014 - 2018 Council and Mayor Comp tax balanced Council Expense Policy - Corporate Policy AMO 2017 Annual Council Remuneration Servey RemunerationSurvey-2017 Council Remuneration Data AMCTO council compensation 2018 Proposed Resolution #13 Moved By: Seconded By: THAT Council receives Report CL 18-23, Council Compensation; AND THAT By-Law 4206 to authorize the Council/Local Board Expense policy be brought forward for Council consideration; AND THAT By-Law 4207 to establish the rate of remuneration for members of Council be brought forward for Council consideration. 13.3. Development and Communication Services 13.3.1. DCS 18-26, Community Improvement Plan Application – 10 Clearview Dr Report DCS 18-26 Application Proposed Resolution #14 Moved By: Seconded By: THAT Council receives Report DCS 18-26, Community Improvement Plan Application – 10 Clearview Drive; AND THAT the 10 Clearview Drive property be approved for the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: • Years 1 to 6 - 100% rebate of the incremental tax increase • Year 7 - 80% rebate 8 Council Meeting – Agenda - 7 - • Year 8 - 60% rebate • Year 9 - 40% rebate • Year 10 - 20% rebate • with full property taxes being payable in 2029; and, • a 50% rebate of the building permit fees. 13.3.2. DCS 18-27, Community Improvement Plan Application – 83 Rolph Street Report DCS 18-27 Application Proposed Resolution #15 Moved By: Seconded By: THAT Council receives Report DCS 18-27, Community Improvement Plan Application – 83 Rolph Street; AND THAT the 83 Rolph Street property be approved for the Accessibility Renovation Grant, the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: • Years 1 to 6 - 100% rebate of the incremental tax increase • Year 7 - 80% rebate • Year 8 - 60% rebate • Year 9 - 40% rebate • Year 10 - 20% rebate • with full property taxes being payable in 2029; and, • a 50% rebate of the building permit fees. 13.4. Finance 13.4.1. FIN18-18, Ground Lease Agreement History FIN18-18 Ground Lease Proposed Resolution #16 Moved By: Seconded By: THAT Report FIN18-18, Ground Lease Agreement History be received, as information. 9 Council Meeting – Agenda - 8 - 13.4.2. FIN 18-19, 2017 Surplus Allocation 2018 Surplus Allocation Proposed Resolution #17 Moved By: Seconded By: THAT Council receives Report FIN 18-19, 2017 Surplus Allocation, as information; AND THAT Council approves the allocation of the 2017 surplus of $239,598 be contributed to specific reserves; Fleet & Equipment $235,000; and the balance to Tax Rate Stabilization $4,598. 13.4.3. FIN 18-20, 2017 Financial Statement Reconciliation FS Reconciliaton Proposed Resolution #18 Moved By: Seconded By: THAT Council receives Report FIN 18-20, 2017 Financial Statement Reconciliation, as information. 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-17, Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation OPS 18-17 Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation Proposed Resolution #19 Moved By: Seconded By: THAT Council receives Report OPS 18-17, Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation; AND THAT Council awards Tender RFT 2018-010 to Permanent Paving Ltd. of Woodstock, ON at a cost of $1,014,849.97 (net HST included), the lowest bid received satisfying all Tender requirements. 13.7. Recreation, Culture & Park Services 13.7.1. RCP 18-24, Green Energy Act Reporting 2018 10 Council Meeting – Agenda - 9 - RCP 18-24 - Green Energy Act Reporting 2018 Energy consumption spreadsheet Proposed Resolution #20 Moved By: Seconded By: THAT Council receives Report RCP 18-24, Green Energy Act Reporting 2018, for information; AND THAT Council approves the Energy Consumption and GHG Emissions report for 2018. 14. Unfinished Business 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 180531 Museum Advisory MIN 180607 HBC Committee MIN Proposed Resolution #21 Moved By: Seconded By: THAT Council receives the Museum Advisory Committee Minutes dated May 31, 2018, and the Heritage, Beautification & Cemetery Advisory Committee Minutes dated June 7, 2018, as information. 17. Notice of Motions 17.1. Notice of Motion Proposed Resolution #22 Moved By: Seconded By: Moved by: Councillor Rosehart THAT By-Law 3507, to provide for the licensing, regulation and control of animals within the Town of Tillsonburg, be amended to allow chickens to be kept in a structure/coop in rear yards of properties within the municipal boundaries of the Town of Tillsonburg. 11 Council Meeting – Agenda - 10 - 18. Resolutions 19. By-Laws By-Laws from the Meeting of Monday, June 25, 2018 19.1. Proposed Resolution #23 Moved By: Seconded By: THAT By-Law 4204, To adopt the Century Plaque Program Policy; and By-Law 4206, To Adopt the Council/Local Board Expense Policy 2-008 Council Expense Policy Draft (3); and By-Law 4207, To Establish the Rate of Remuneration for Council; and By-Law 4210 , To Amend By-Law 4079, Building By-Law Deposit be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.2. Proposed Resolution #24 Moved By: Seconded By: THAT By-Law 4208, To confirm the proceedings of Council at its meeting held on the 25th day of June, 2018 be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20. Items of Public Interest 21. Adjournment Proposed Resolution #25 Moved By: Seconded By: THAT the Council Meeting of Monday, June 25, 2018 be adjourned at _____ p.m. 12 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Lana White, Executive Assistant/Deputy Clerk Regrets: Councillor Max Adam 1. Call to Order The meeting was called to order at 6:00pm. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Thursday, June 14, 2018, be adopted. Carried 3. Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Thursday, June 14, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 13 Council Meeting – Minutes - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of May 28, 2018 180528 Council MIN Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of May 28, 2018 be approved. Carried 6. Public Meetings 7. Planning Applications Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance. Carried 7.1. Application for Minor Variance A-07/18 - Marty & Erika Carrier, 38 Delevan Crescent A-07/18 Report Report Attachments Application A-07/18 The applicant has requested that the variance be increased to allow for a square deck rather than an angled deck. Town building staff has indicated that the deck may create a future sight line issue. The applicants have agreed that if there is a future sight line issue that they would remove the deck at the Town’s request. 14 Council Meeting – Minutes - 3 - Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Tillsonburg Committee of Adjustment approve Application A07-18, submitted by Marty and Erika Carrier, for lands described as Part Lot 538, Plan 500, in the Town of Tillsonburg, municipally known as 38 Delevan Crescent, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required front yard from 3 m (9.8 ft) to 6.4 m (21.16 ft); 2. Relief from Section 5.37.1 – Permitted Projections into Required Yards to increase the permitted projection into a required exterior side yard from 3 m (9.8 ft) to 5.2 m (17.1 ft); 3. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 1.05 m (3.4 ft); and 4. Relief from Section 5.37.1 – Permitted Projections into Required Yards to reduce the minimum setback between the proposed projection and the front lot line from 3 m (9.8 ft) to 2.38 m (7.8 ft), subject to the following conditions: 1. That this relief shall only apply to an uncovered deck constructed in general conformance with plate 3 of Report CP 2018-130; and 2. That a building permit for the proposed deck shall be issued within a year of Committee’s decision. Carried Resolution #5 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular Council session. Carried 8. Delegations and Presentations 8.1. 2017 Municipal Financial Audit Presented by: Christene Scrimgeour 15 Council Meeting – Minutes - 4 - 2017 Town of Tillsonburg Independence Letter 2017 Town of Tillsonburg Sewer Draft Financial Statements 2017 Town of Tillsonburg Trust Funds Draft Financial Statements 2017 Town of Tillsonburg Waterworks Draft Financial Statement Town of Tillsonburg Draft FS (2) Resolution #6 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives the 2017 Draft Financial Statements as presented; AND THAT the 2017 Independence Letter be received. Carried 9. Committee Reports & Presentations 9.1. CL 18-21, Council Compensation Review Recommendations Presented By: Ann Loker, Chair, Council Compensation Review Advisory Committee 9.1.1. CL 18-21 Council Remuneration Committee Recommendations 9.1.2. 2-008 Council Expense Policy Draft (2) Council requested to see the comparators. Council provided comments on the policy and recommendation. Per diems and cost to Council for benefits were discussed, as well as financial implications for removing 1/3 tax bracket. Council also noted that the reference to the number of hours worked would be considerably higher than stated. Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report CL 18-21, Council Compensation Review Advisory Committee Recommendations; AND THAT a By-Law to authorize the Council/Local Board Expense policy be brought forward for Council consideration; AND THAT a By-Law to establish the rate of remuneration for members of Council be brought forward for Council consideration. Carried 16 Council Meeting – Minutes - 5 - 9.2. Police Services Board Request Regarding Visitor Parking Lot at OPP Office 9.2.1. Visitor Parking Lot The Police Services Board is requesting an upgrade to the front parking lot to enhance visitor parking at the OPP stations. This will remove the island and square off the area to allow for additional parking. Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive the request from the Police Services Board; AND THAT the matter be referred to staff for a report and recommendation. Carried 10. Information Items 11. Mayor 12. Quarterly Reports 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. CAO 18-08, Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. Memorandum of Understanding and Direction Between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc. CAO 18-08 Attachment 1 CAO 18-08 Attachment 2 MOUD Resolution #9 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report CAO 18-08, Memorandum of Understanding and Direction between the Corporation of the Town of Tillsonburg and Tillsonburg Hydro Inc., for information; 17 Council Meeting – Minutes - 6 - AND THAT the Memorandum of Understanding and Direction between the Corporation of the Town of Tillsonburg (Shareholder) and Tillsonburg Hydro Inc. be referred to the Annual General Meeting (June 26, 2018) for approval by the Shareholder. Carried 13.1.2. CAO 18-09, RFP 2018-01 Town Transit System - Evaluation Committee CAO 18-09 RFP 2018-01 Town Transit System - Evaluation Committee Resolution #10 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report CAO 18-09, RFP 2018-01Town Transit System – Evaluation Committee, for information; AND THAT the Community Transportation Pilot Program Committee be the Evaluation Committee for the purpose of reviewing the Town Transit System Request for Proposal (RFP) submissions and to provide a recommendation to Council as to the successful bidder. Carried 13.2. Clerk’s Office 13.3. Development and Communication Services 13.3.1. DSC 18-24, Building By-Law Deposit DSC 18-24 Building By-Law Deposit Resolution #11 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report DSC 18-24, Building By-Law Deposit, as information; AND THAT the building deposit referenced in Section 9.14 of Building By-Law 4079 be amended from one year to two years be brought forward for Council consideration. Carried 18 Council Meeting – Minutes - 7 - 13.4. Finance 13.4.1. FIN18-17, 2017 Draft Financial Statements FIN18-17 2017 Draft Financial Statements Resolution #12 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report FIN18-17, 2017 Draft Financial Statements; AND THAT the Draft Financial Statements for the year ended December 31, 2017 be approved. Carried 13.5. Fire and Emergency Services 13.6. Operations 13.6.1. OPS 18-15, Quarter Town Line Traffic Safety Initiatives OPS 18-15 Quarter Town Line Traffic Safety Initiatives OPS 18-15 Attachment 1 - Amending By-Law 4201 OPS 18-15 Attachment 2 - Letters of Support OPS 18-15 Attachment 3 - Pedestrian Crossover Pamphlet The crosswalks will be in place prior to school starting back to school in September. Pamphlets will be provided to the schools to go out with report cards this month. Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-15, Quarter Town Line Traffic Safety Initiatives; AND THAT Council adopts By-Law 4201 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. Carried 13.6.2. OPS 18-16, Draft Winter Maintenance Level of Service Policy OPS 18-16 Draft Winter Maintenance Level of Service Policy OPS 18-16 Attachment 1 - DRAFT Winter Maintenance Level of Service Policy OPS 18-16 Attachment 2 - Minimum Maintenance Standards 19 Council Meeting – Minutes - 8 - Resolution #14 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report OPS 18-16 Draft Winter Maintenance Level of Service Policy; AND THAT Council approves in principle the Draft Winter Maintenance Level of Service Policy subject to Public Consultation. Carried 13.7. Recreation, Culture & Park Services 14. Unfinished Business 14.1. RCP 18-23, 2018 LLWP Operations & Communications RCP 18-23 - 2018 LLWP Operations & Communications Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Stephenson THAT Council receives Report RCP 18-23, 2018 LLWP Operations & Communications, for information. Carried 15. Staff Information Reports 16. Committee Minutes & Reports 16.1. Committee Minutes 180501 Memorial Park Revitalization Committee MIN 180528 Special Awards MIN 180605 Special Awards MIN 180606 Cultural Advisory MIN 180418 Council Remuneration MIN 180503 Council Remuneration MIN 180517 Council Remuneration MIN 20 Council Meeting – Minutes - 9 - Resolution #16 Moved By: Deputy Mayor Beres Seconded By: Councillor Stephenson THAT Council receives the Memorial Park Revitalization Committee minutes dated May 1, 2018, the Special Awards Committee minutes dated May 28, 2018 and June 5, 2018, the Cultural Advisory Committee minutes dated June 6, 2018, and the Council Remuneration Advisory Committee minutes dated April 18, 2018, May 3, 2018 and May 17, 2018, as information. Carried 16.2. Tillsonburg Police Services Board Minutes 180418 Tillsonburg Police Services Board MIN Resolution #17 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Tillsonburg Police Services Board minutes dated April 18, 2018, as information. Carried 16.3. Long Point Region Conservation Authority Minutes LPRCA MIN 180502 Resolution #18 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives the Long Point Region Conservation Authority Minutes dated May 2, 2018, as information. Carried 17. Notice of Motions Moved by: Councillor Rosehart THAT By-Law 3507, to provide for the licensing, regulation and control of animals within the Town of Tillsonburg, be amended to allow chickens to be kept in a structure/coop in rear yards of properties within the municipal boundaries of the Town of Tillsonburg. 21 Council Meeting – Minutes - 10 - 18. Resolutions 18.1. Appointment of Directors for the Board of Tillsonburg Hydro Inc. 18-02 Appointment of Board of Directors Board Recommend directors 2018 Resolution #19 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council supports the appointment of Alex Urbanowicz, Ann Loker, Dan Rasokas, Ernie Vidovic, John Gilvesy, and Julie Ann Snell, as Directors for Tillsonburg Hydro Inc. until the 2019 Annual General Meeting; AND THAT Deputy Mayor Dave Beres (Shareholder Representative) be appointed until the end of this term of Council; AND FURTHER THAT this resolution be forwarded to the Tillsonburg Hydro Inc. Annual General Meeting scheduled for June 26, 2018. Carried 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Thursday, June 14, 2018 20.1 Resolution #20 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT By-Law 4201, to amend By-Law 3701, being a by-law to Regulate Traffic (pedestrian crossovers); and By-Law 4202, to appoint a Joint Compliance Audit Committee be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20.2 Resolution #21 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT By-Law 4203, to confirm the proceedings of Council at its meeting held on the 14th day of June, 2018 be read for a first, second, third and final reading and 22 Council Meeting – Minutes - 11 - that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest Turtlefest is this weekend, July 15 – 17, 2018. Details can be found at turlefest.ca The dog park grand opening is scheduled for July 17 at 1:00pm. Public consultation is scheduled for the proposed winter maintenance policy – winter control and levels of service – July 12, 6:00-7:00pm in the Lions Den. Beyond the Garden Gate Tour is Saturday, July 7. Tickets are available at the Garden Gate. 22. Adjournment Resolution #22 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Council Meeting of Thursday, June 14, 2018 be adjourned at 8:03 p.m. Carried 23 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A-10/18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: June 25, 2018 REPORT NUMBER: 2018-183 OWNER: Greg McCurdy 695 Broadway, Tillsonburg ON, N4G 4H1 REQUESTED PERMISSION: Pursuant to Section 45(2) of the Planning Act, the applicant has applied for permission to extend an existing non-conforming use. Specifically, the applicant is proposing to recognize the construction of front deck and a residential accessory building on the subject lands, which currently contain an existing single detached dwelling. LOCATION: The subject property is described as Part Lot 7, Concession 10 (Dereham), in the Town of Tillsonburg. The subject lands are located on the west side of Broadway, north of North Street West, and are municipally known as 695 Broadway, in the Town of Tillsonburg. 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 Medium Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Service Commercial Zone (SC) SURROUNDING USES: Medium density residential development to the north and west, future development lands to the east (currently in agricultural production), an existing single detached dwelling to the south and additional service 24 File Number: A-10/18 Report Number 2018-183 Page 2 commercial uses, including a car dealership to the south and the Sobey’s Plaza to the southeast. COMMENTS: (a) Purpose of the Application: The applicant has applied for permission under Section 45(2) of the Planning Act to allow for an extension to an existing legal non-conforming single detached dwelling. Specifically, the applicant is proposing recognize the construction a deck and proposes to construct a residential accessory building on lands that have historically been used for residential purposes, but are zoned for service commercial uses in the Zoning By-law. The applicant has constructed a deck at the front of the existing dwelling, approximately 15 m2 (164.3 ft2) in size, and proposes to construct a new residential accessory structure, approximately 78 m2 (840 ft2) in size, with a height of approximately 5.4 m (18 ft). The subject lands are approximately 1,896.8 m2 (20,417 ft2) in size, with approximately 32.9 m (108 ft) of frontage on Broadway. The subject lands contain an existing single detached dwelling, which has existed for more than 75 years, according to the applicant. The subject lands are serviced by a private well and a private septic system, and surrounding lands uses are predominately medium density residential development to the north and west, future development lands to the east (currently in agricultural production), and existing service commercial uses to the south and southeast, including a car dealership and the Sobey’s plaza. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the subject lands. Plate 3, Applicant’s Site Sketch, shows the location and setbacks of the existing and proposed features on the subject lands. (b) Agency Comments: The application was circulated to a number of public agencies considered to have an interest in the proposal. The Town Chief Building Official commented that the accessory garage must be located a minimum of 5 m (16.4 ft) from the septic system and the leaching bed distribution piping, and that, if approved, building permits will be required, together with a grading plan for the proposed garage. The County of Oxford Public Works Department and the Southwestern Public Health Department have indicated that they have no comments or concerns with the proposal. (c) Public Consultation: Public Notice was mailed to surrounding property owners on May 2, 2018. To date no comments of concern have been received from the public. 25 File Number: A-10/18 Report Number 2018-183 Page 3 (d) Planning Review: The subject lands are designated as Medium Density Residential Development in the County of Oxford Official Plan. Lands designated Medium Density Residential are those lands that are primarily developed or planned for low to medium density profile multiple unit development that exceeds densities established for Low Density Residential areas. Residential uses within Medium Density Residential areas include townhouses, medium density cluster development, converted dwellings and low-rise apartments. Existing Low Density Residential uses in a Medium Density Residential area may be recognized as permitted uses in the Zoning By-law. Notwithstanding any such recognition, within Medium Density Residential areas characterized by existing low density residential land uses, the creation of new lots may be restricted to avoid increased land fragmentation and to facilitate land assembly for redevelopment in accordance with the Medium Density Residential policy criteria. Section 10.3.5 (Zoning By-law and Non-Conforming Uses) of the Official Plan states that the Committee of Adjustment may permit the extension, enlargement or change of use of a legally established land use that does not conform to the Official Plan and the local area municipal Zoning By-law. In evaluating such applications, the Committee shall consider the following criteria: • the use has been continuous from the day the Zoning By-law came into effect; • there will be no extension of the site or building beyond the limits of land owned and used from the effective date of the By-law; • permission for the extension, enlargement or change in the non-conforming use is in keeping with the general intent of the Official Plan and will not aggravate those aspects of the use that do not conform to the Official Plan or Zoning By-law; • that existing municipal services such as water, sewers, stormwater management facilities and roads will be adequate; • that there are adequate parking and loading facilities to accommodate the proposed use; • that the proposed extension, enlargement or change in use would include measures to reduce nuisances, protect adjacent properties and improve the compatibility of the use with surrounding areas; and, • that the extension, enlargement or change in use is necessary to avoid undue hardship on the applicant, provided that all other criteria have been met, there are not negative effects on environmental resources and the proposed use is more compatible than the existing use relative to the relevant Official Plan policies. The subject lands are designated as Medium Density Residential in the County Official Plan, and are zoned as ‘Service Commercial Zone (SC)’ in the Town Zoning By-law. The subject lands currently contain an existing single detached dwelling, which is not a permitted use in the ‘SC’ zone. Planning staff are satisfied that this application complies with the criteria outlined in Section 10.3.5 of the Official Plan. Staff are satisfied that as the existing dwelling on the subject lands was established in approximately 1935 (prior to the implementation of the Zoning By-law), and the use of the property for low density residential purposes has continued since that time, the subject lands can be considered legal non-conforming. 26 File Number: A-10/18 Report Number 2018-183 Page 4 As the proposed development will be located wholly within the limits of the subject lands, and approval of the applicant’s request will not further impede the ability of the subject lands to redevelop for a use that is more in-keeping with the policy direction of the Official Plan (in this case for medium density residential purposes), the proposal is in keeping with the intent of the Official Plan. Further, staff are satisfied that the subject lands contain sufficient provisions for parking and private services and if approved, no negative impacts on neighbouring property owners are anticipated. (f) Summary: In light of the foregoing, it is the opinion of this Office that the applicant’s proposal can be given favourable consideration. Staff are satisfied that the application complies with Section 45(2) of the Planning Act and complies with the policy direction contained in Section 10.3.5 of the Official Plan respecting non-conforming uses. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-10/18, submitted by Greg McCurdy, for lands described as Part Lot 7, Concession 10 (Dereham), Town of Tillsonburg, as it relates to: 1. Permission to construct a residential accessory building, as well as a front yard deck on lands considered legal non-conforming. Subject to the following conditions: i. The accessory building is permitted to a maximum of 78 m2 (840 ft2). ii. The minimum setback of 5 m (16.4 ft) must be maintained between the proposed accessory building and the existing septic system leaching bed distribution pipes. iii. A minimum front yard depth of 1.75 m (5.7 ft) must be maintained. iv. Grading plans are to be provided for the proposed garage. v. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Authored by: Heather St. Clair, MCIP, RPP, Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner 27 June 14, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 28 June 14, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 29 30 31 32 33 34 35 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our Files: A11/18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: June 25, 2018 REPORT NUMBER: 2018-178 OWNER: Edward Whinnery 49 Woodhaven Drive, Tillsonburg ON, N4G 0A6 REQUESTED VARIANCES: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to reduce the required interior and rear yard setback for a residential accessory structure (a gazebo) from 1.2 m (3.9 ft) to 0.66 m (2.17 ft) and 0.56 m (1.83 ft), respectively; 2. Relief is also required from Table 6.2 – Low Density Residential – Type 1 Zone (R1A), to increase the maximum lot coverage from 35% lot area to 37%. The proposed variances have been requested to recognize the location of a gazebo that was constructed on the subject lands without the benefit of a building permit in 2017. LOCATION: The subject lands are described as Lot 30, Plan 41M-232, in the Town of Tillsonburg. The subject property is located on the south side of Wood Haven Drive, south of Baldwin Street and east of Quarter Town Line, and is municipally known as 49 Wood Haven Drive. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1A) SURROUNDING USES: surrounding uses are predominately single detached dwellings. 36 File Number: A11/18 Report Number 2018-178 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted provisions of the Town Zoning By-law to permit a recently established gazebo on the subject lands. The applicant erected the accessory structure, which is approximately 13.4 m2 (144 ft2) in size, 0.66 m (2.17 ft) from the interior lot line and 0.56 m (1.83 ft) from the rear lot line, whereas an interior and rear yard setback of 1.2 m (3.9 ft) is required in the Zoning By-law. Relief is also required from the lot coverage provision of the ‘R1A’ zone to increase the maximum lot coverage allowance from 35% of lot area to 37% to permit the existing gazebo. The subject property is approximately 713 m2 (7,675 ft2) in size and contains an existing single detached dwelling with an attached garage and a swimming pool. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the subject lands and surrounding properties. Plate 3A, Applicant’s Site Sketch, shows location and setbacks of the existing gazebo, as well the other features of the site. Plate 3B, Applicant’s Photo, provides a photo of the existing gazebo on the subject lands. (b) Agency Comments This application was circulated to a number of public agencies. The Town Chief Building Official has commented that a building permit will be required, and that eaves troughs and downpipes will be required through the building permit process if the variance is approved. Public Notice was mailed to surrounding property owners on May 28, 2018. As of the writing of this report, no concerns have been received from the public. (c) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the Official Plan. Within the Low Density Residential designation, permitted land uses are primarily low density housing forms including single detached dwellings, duplexes and street fronting town houses and accessory uses. The use of the lands for a single detached dwelling and accessory uses thereto conforms to the Low Density Residential policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘R1A’, which permits single detached dwellings, as well as their associated accessory structures. 37 File Number: A11/18 Report Number 2018-178 Page 3 Provisions respecting accessory buildings and structures on residentially zoned lots are outlined in Table 5.1.1.4, and stipulate that a minimum interior and rear yard setback of 1.2 m (3.9 ft) is to be maintained. These provisions are intended to ensure that such structures are wholly located within the confines of the lot and have minimal impact on neighbouring property owners. These provisions also assist in allowing for typical yard maintenance between buildings and property lines. Lot coverage provisions are outlined in Table 6.2 of the Zoning By-law, and state that the maximum lot coverage for a parcel zoned ‘R1A’ is 35% of lot area, whereas coverage on the subject lands equals approximately 37%. These coverage provisions are intended to ensure that sufficient space is maintained on a property to accommodate for grading and drainage, parking and amenity space. Planning staff are satisfied that the existing gazebo, which is located wholly within the confines of the subject lands, allows for sufficient space to access the rear and interior side yards with lawn maintenance equipment, and that adequate space exists on the subject lands for parking, amenity and drainage. (e) Desirable Development/Use: 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 for the development of the subject lands. As the applicant will be required to install eaves troughs and downspouts to prevent rainwater run-off from draining onto abutting properties, the presence of the accessory building is unlikely to negatively impact any adjacent properties. And further, as the structure has already been erected, relocating the gazebo is an extensive undertaking for the applicant. 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. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A11/18, submitted by Edward Whinnery, for lands described as Lot 30, Plan 41M-232, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to reduce the required interior and rear yard setback for a residential accessory structure (a gazebo) from 1.2 m (3.9 ft) to 0.66 m (2.17 ft) and 0.56 m (1.83 ft), respectively; 2. Relief from Table 6.2 – Low Density Residential – Type 1 Zones (R1A), to increase the maximum lot coverage from 35% lot area to 37%. Subject to the following condition: i) A building permit for the proposed accessory building shall be issued within one year of the date of the Committee’s decision. As the proposed variances are: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; 38 File Number: A11/18 Report Number 2018-178 Page 4 (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Heather St. Clair, MCIP RPP, Development Planner Approved by: Eric Gilbert, MCIP, RPP, Senior Planner 39 June 19, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1380 Notes NAD_1983_UTM_Zone_17N 69 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 40 June 19, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 41 42 43 A11-18000350319 44 45 46 47 Page 1 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Draft Plan of Subdivision & Zone Change - SB 18-02-7 & ZN 7-18-04 – 2385667 Ontario Limited (Oxnard Developments) REPORT HIGHLIGHTS  The draft plan of subdivision application proposes to create 53 lots for single detached dwellings and 5 blocks for street-fronting townhouses (totalling 35 units), served by 3 new local streets.  The application for zone change proposes to rezone the property from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ & ‘Special Medium Density Residential Zone (RM-sp)’ to permit single detached dwellings and street fronting townhouses on the subject lands.  Agency circulation resulted in no concerns with the proposed development.  Planning staff support the application for draft plan approval and zone change as the proposed development is consistent with the Provincial Policy Statement, and is in keeping with the policies contained in the Official Plan respecting low and medium density residential uses. DISCUSSION BACKGROUND APPLICANT: 2385667 Ontario Limited (Oxnard Developments) 9140 Leslie Street, Suite 210, Richmond Hill, ON L4B 0A9 AGENT: G. Douglas Vallee Limited 2 Talbot Street North, Simcoe, ON N3Y 3W4 LOCATION: The subject lands are described as Part of Lot 24, Plan 1653, Town of Tillsonburg. The lands are located between Harvest Avenue and West Town Line, south of Potters Road, in the Town of Tillsonburg. 48 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 2 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Proposed: Schedule “T-2” Town of Tillsonburg Residential Density Plan Low & Medium Density Residential TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: ‘Future Development Zone (FD)’ Requested Zoning: ‘Special Low Density Residential Type 2 Zone (R2-sp)’ ‘Special Medium Density Residential Zone (RM-sp)’ PROPOSAL: The purpose of the application for Draft Plan of Subdivision is to permit the development of a residential plan of subdivision consisting of 53 lots for single-detached dwellings and 5 blocks for street fronting townhouse dwellings (totaling 35 units), served by 3 new local streets. The application for Zone Change proposes to rezone the subject lands from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Zone (R2-Sp)’ & ‘Special Medium Density Residential Zone (RM-sp)’ to facilitate the proposed draft plan of subdivision. The ‘R2-sp’ & ‘RM-sp’ zoning is proposed to include special provisions permitting a reduced lot frontage for corner lots, reduced exterior side yard widths, increased permitted lot coverage, and reduced rear yard depths for street fronting townhouse units. Surrounding uses include existing low density residential development to the north fronting on Potters Road, and the Harvest Retirement Community complex to the south. Lands within the Township of Norwich are located to the east, on the east side of West Town Line. Vacant service commercial land is located to the south fronting on Simcoe Street. Lands to the south, west and north have been registered through the development of the Nautical Lands/Harvest Avenue subdivision (41M-272). Plate 1, Location Map with Existing Zoning, indicates the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, shows the location of the subject lands and the existing and proposed development in the area. Plate 3, Official Plan Designation, shows the Official Plan designation and the areas designated Low Density Residential (in blue) and Medium Density Residential (in pink) on the subject lands. Plate 4, Proposed Draft Plan of Subdivision, illustrates the details of the proposed draft plan. Plate 5, Proposed Zoning, illustrates the details of the proposed zoning. 49 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 3 Application Review 2014 PROVINCIAL POLICY STATEMENT Section 1.1.2 of the Provincial Policy Statement (PPS) directs that sufficient land shall be made available through intensification, redevelopment and if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. Section 1.4.1 of the PPS sets out policies which are intended to provide for an appropriate range of housing types and densities required to meet projected requirements of current and future residents. To accommodate this, planning authorities shall maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification, redevelopment and if necessary, lands which are designated and available for residential development. Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements;  directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and  establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. Section 1.6 directs municipalities to efficiently utilize existing infrastructure and public service facilities prior to the establishment of new facilities. OFFICIAL PLAN The subject lands are designated ‘Low Density Residential’ and ‘Medium Density Residential’ according to the Town of Tillsonburg Residential Density Plan, as contained in the County of Oxford Official Plan. The southern half of the property is designated ‘Medium Density Residential’ and the balance of the subject lands is designated ‘Low Density Residential’. Within areas designated ‘Low Density Residential’, a variety of low-rise, low density housing forms including single detached, semi-detached, duplex, converted dwellings, quadraplexes and townhouses are permitted. It is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. For ‘Low Density Residential’ areas, the maximum net residential density is 30 units per hectare (12 units per acre) and the minimum net residential density is 15 units per hectare (6 units per acre). 50 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 4 Within areas designated ‘Medium Density Residential’, development shall generally take the form of low to medium profile multiple unit development that exceeds the densities established for Low Density Residential Development. Residential uses within Medium Density Residential areas include townhouse, medium density cluster development, converted dwellings, and low-rise apartments. In these areas it is intended there will be a mixing and integration of different forms of housing to achieve an overall medium density. The maximum net residential density in the Medium Density Residential area is 62 units per hectare (25 units per acre) and no building shall exceed four stories in height at street elevation. Within new areas of medium density residential development, the minimum net residential density shall be 31 units per hectare (13 units per acre). The policies of Section 10.3.3 (Plans of Subdivision and Condominium) provide that County and Town Council will evaluate applications for a plan of subdivision on the basis of the requirements of the Planning Act, as well as criteria including, but not limited to, the following:  Conformity with the Official Plan;  The availability of community services such as roads, water, storm and sanitary sewers, waste disposal, recyclable collection, public utilities, fire and police protection, parks, schools and other community facilities;  The accommodation of Environmental Resources and the mitigation of environmental and human-made constraints;  The reduction of any negative effects on surrounding land uses, transportation networks or significant natural features;  The design of the plan to be integrated into adjacent developments, and;  The design of the plan is to be compatible with the natural features and topography of the site, and proposals for extensive cut and fill will be discouraged. As a condition of draft plan approval, County Council will require an applicant to satisfy conditions prior to final approval and registration of the plan. The applicant will be required to meet the conditions of the draft approval within the specified time period, failing which, draft plan approval may lapse. Additionally, to provide for the fulfillment of these conditions, and for the installation of services according to municipal standards, County Council shall require the applicant to enter into a subdivision agreement with the area municipality and, where necessary, the County, prior to final approval of the plan. ZONING BY-LAW The subject lands are currently zoned ‘Future Development Zone (FD)’ within the Town’s Zoning By-law. The FD zone is a holding zone, intended to preserve lands for future development. The applicant proposes to rezone the northern portion of the subject lands ‘R2-sp’ to permit single detached dwellings with the following special provisions:  Reduce the required exterior side yard width from 6 m (19.7 ft) to 3 m (9.8 ft);  Reduce the minimum lot frontage for a corner lot from 15 m (49.2 ft) to 10 m (32.8 ft);  To increase the maximum permitted lot coverage from 40% to 60%. The southern portion of the subject lands is proposed to be rezoned to ‘RM-sp’ to permit street fronting townhouse dwellings with the following special provisions:  Reduce the required exterior side yard width from 6 m (19.7 ft) to 3 m (9.8 ft);  Reduce the minimum lot frontage for a corner lot from 15 m (49.2 ft) to 10 m (32.8 ft); 51 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 5  To increase the maximum permitted lot coverage from 40% to 60%.  To reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 5.5 m (18 ft);  To increase the maximum lot area from 320 m2 (3,445 ft2) to 635 m2 (6,835 ft2). The proposed zoning appears to implement the Official Plan residential density designations for the subject property. AGENCY COMMENTS This application has been reviewed by a number of public agencies. The following comments were received: The Town of Tillsonburg Building and By-Law Services Department provided the following comments:  Recommend that fencing be installed along West Town Line. Fencing should be installed for Block 6, and 6’ privacy fencing should be installed along the west and south property lines of Block 5.  Driveways for dwellings will not be permitted in the exterior side yard. The Town of Tillsonburg Engineering Services Department indicated the following: 1. The proposed sidewalk location does not comply with the existing Town of Tillsonburg standard for 20 m right of way as per standard drawing no. RS-1. Please note that the sidewalk is to maintain a 1.2 m setback from back of curb. 2. The Conceptual Grading Plan indicates several areas (intersection of Street “B” & Street “C”) within the R.O.W. that have less than 0.5% slope and does not comply with Tillsonburg Engineering Design Criteria Guidelines B.201. This can be addressed in the detailed design. 3. The rear yards along Lot 1 through 17 appear to drain to the north to the property limits. The applicant shall collect and convey overland flows in order to contain runoff to the proposed development. 4. Roadway composition shall be confirmed by a geotechnical engineer at detailed design. 5. Conditions of draft plan approval to include: a) The owner agrees that all existing wells on the subject property will be properly abandoned in accordance with Ontario Regulation 903 and the necessary paperwork submitted to the Town for review; b) A completed geotechnical investigation and report is required to be provided to determine the soil conditions and water table elevation of the subject property. The Oxford County Public Works Department provided the following comments:  The Owner/Applicant will be responsible for a portion of the cost associated with extending municipal watermain on Potters Road, from Lorraine Avenue to Harvest Avenue (construction was completed by Oxford County in 2017), in accordance with Oxford County By-Law No. 6012-2018.  In accordance with Oxford County’s “County-Wide Water and Wastewater Capacity Allocation Protocol for Residential Development”, the maximum number of units to be allocated water and wastewater capacity at one time (in Tillsonburg) is 50 residential units; therefore, the proposed development should be phased/plan registration should be limited to 50 units at a time.  In addition to “internal” water & wastewater servicing costs, the Owner/Applicant may also be responsible for “external” watermain looping to accommodate provisional servicing of the Municipal Block (Block 6)/to prevent dead-ends at Block 6 and/or at the east limit of proposed Street ‘D’. 52 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 6  In accordance with sanitary sewer design sheets provided/theoretical design flows, we acknowledge that there appears to be capacity in downstream sanitary sewers on Lorraine Avenue to support the proposed development, based on the following: o Future tributary flows from external development lands have not been included in calculations. o Emergency overflow allowance (20 L/s) from the Simcoe Street sanitary sewer system has not been included in calculations. o For all sewers, including sewers on Lorraine Avenue, a value of 0.013 has been used for Manning’s roughness coefficient. It should be noted that there are additional 200mm sewer runs further downstream (in addition to sewers identified within the design sheets) on Lorraine Avenue that should be considered in future investigation/flow monitoring. To substantiate design flows prior to development of Phase 3, the Owner/Applicant is required to confirm inverts at manholes/pipe grades of all “bottleneck” 200Ø sanitary sewers on Lorraine Avenue, and to clean/flush and complete sufficient flow monitoring to the satisfaction of Oxford County/Town of Tillsonburg. The Applicant shall submit a flow monitoring plan to Oxford County for review & approval prior to undertaking. The Director of Recreation, Culture and Parks indicated that as none of the lands proposed for municipal purposes align with the overall regional and neighbourhood park planning priorities, it is recommended that cash-in-lieu of parkland be provided. The inclusion of a pathway to provide inter-block pedestrian access to and from future development on the north end of this site is appreciated. The cross-profile of this pathway should include chain link fencing on both sides, a barrier-free hard surface pedestrian pathway and no grass to maintain between the fences. The proposed municipal block (block 6) should have commercial grade chain link fencing on the north, west and south side, and be left in a condition suitable for turf maintenance. Union Gas requested that a condition of final approval be included that the owner/developer provide the necessary easements and/or agreements required by Union Gas for the provision of gas services for this development, to the satisfaction of Union Gas. Canada Post indicated that a Community Mailbox facility will serve the development site. A standard condition of approval can address matters relating to the location of said mailbox facility and notices to the purchasers of the format of delivery. The Township of Norwich Public Works Superintendent provided the following comment: This proposed development has the potential to increase traffic on the West Town Line exponentially. The current traffic count is 263, the increased traffic coupled with a condition rating of only “2” means that this LCB (tar and gravel) road will fail and require reconstruction much sooner than our (the Township of Norwich) forecast indicates. Under the current boundary road agreement, each party (Tillsonburg and Norwich) are each required to pay half of any capital repairs and the Township looks after both summer and winter maintenance. Given that Tillsonburg has much more to benefit from the improvement of this road, through development and property taxes, it is the feeling of the Township of Norwich Public Works Department that perhaps Tillsonburg needs to come to the table with plans to take over maintenance of this road as well as paying more than 50% of the cost of capital repairs. 53 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 7 PUBLIC CONSULTATION Notice of the application for draft plan of subdivision and application for zone change was circulated to the public and surrounding property owners on May 4, 2018 and June 11, 2018. As of the date of this report, no concerns have been received regarding the proposed planning applications. Planning Analysis The subject application for draft plan of subdivision approval and zone change proposes to create 53 lots for single detached dwellings, 5 blocks for 35 street fronting townhouse dwellings, and two municipal blocks to facilitate the development of a residential plan of subdivision in the southeastern portion of the Town of Tillsonburg. It is the opinion of staff that the proposal is consistent with the relevant policies of the PPS as the proposed development provides a mix of housing types to accommodate current and future residents of the Town, and the development is considered to be an efficient use of lands, municipal services and infrastructure within a designated settlement area. With regard to the policies of Section 10.3 (Plans of Subdivision and Condominium) which require the developer to address a series of standard review criteria concerning the adequacy of servicing, environmental impacts, transportation networks and integration with surrounding developments, staff note that the required studies and reports have been received and reviewed through this Office and other required reports can be satisfactorily addressed through the inclusion of appropriate conditions of draft approval. Further, this Office is satisfied that the proposed development maintains the general intent of the Official Plan as it pertains to the Low and Medium Density Residential designations. The net residential density for the proposed development within the Low Density Residential designation is 32.8 units / ha (9 units/ ac) and the net residential density within the Medium Density Residential designation is 50.7 units/ ha (13.95 units/ ac), which is within the range of densities permitted within low and medium density residential areas. It is the opinion of staff that the proposed townhouse blocks are a form of development that is contemplated by the Medium Density Residential designation policies and is considered to be compatible with the surrounding development as it will be a transition from the high-density institutional use to the south (Harvest Retirement Community) and the low density development planned for the northern portion of the site. Staff are satisfied that the requested zoning provisions to provide for increased lot coverage, increased building footprint and reduced lot frontage for corner lots for the proposed single detached dwellings within the development is generally appropriate. The applicant has demonstrated that the existing stormwater management pond can accommodate additional run-off resulting from the increased dwelling footprints, and minimal impacts to traffic safety and sight lines are expected from the reduced exterior side yard widths. No adverse comments were received through the agency circulation. The requested zoning provisions for the Medium Density street fronting townhouse blocks will provide for increased building envelopes and will reflect other townhouse developments in the Town. The purpose of the maximum lot area per dwelling unit is to ensure that development meets the intended minimum net residential density targets of the Official Plan, and staff note that even though the relief proposed for this provision is significant (nearly twice the maximum), the portion of the development 54 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 8 within the Medium Density Residential designation exceeds the minimum net residential density target of the Official Plan. The reduced exterior side yard width is not expect to impact traffic sightlines or safety, and adequate amenity area will be provided with the reduced 5.5 m rear yard depth. The development will be reviewed by building staff for zoning compliance at the time of building permit submission. In light of the foregoing, it is the opinion of this Office that the applications for draft plan of subdivision approval and zone change are consistent with the policies of the PPS and is in-keeping with the County Official Plan. As such, Planning staff are satisfied that the application can be given favourable consideration subject to a number of conditions. RECOMMENDATIONS THAT the Council of the Town of Tillsonburg approve in principle the zone change application (ZN 7-18-04) submitted by 2385667 Ontario Limited, rezone the subject property from ‘Future Development Zone (FD)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ and ‘Special Medium Density Residential Zone (RM-sp)’ to facilitate the development of a residential draft plan of subdivision; AND FURTHER THAT the Council of the Town of Tillsonburg advise County Council that they support the application of 2385667 Ontario Limited, to create a draft plan of subdivision (File No. SB 18-2-7) for lands described as Part of Lot 24, Plan 1653, in the Town of Tillsonburg, subject to the following conditions of draft approval: 1. This approval applies to the draft plan of subdivision submitted by 2593636 Ontario Inc. (SB 18-02-7) and prepared by G. Douglas Vallee Limited, dated November 14, 2017 as shown on Plate 4 of Report No. 2018-173 and comprising Part of Lot 24, Plan 1653, in the Town of Tillsonburg, showing 53 lots for single detached dwellings, 5 blocks for street fronting townhouse dwellings, and 2 municipal blocks, served by 3 local streets, subject to the following modification: a. Inclusion of a new Block, consisting of a 0.3 m (1 ft) reserve, for lots fronting on West Town Line. 2. The owner agrees in writing to submit a grading and servicing plan for the proposed townhouse blocks to the Town for review and approval. The plan shall include notes and details of the municipal sidewalk and boulevard topsoil and sod, which the owner agrees to install at the owner’s expense and to the satisfaction of the Town of Tillsonburg. 3. The subdivision agreement shall be registered by the Owner against the land to which it applies. 4. The streets included on the draft plan of subdivision shall be named to the satisfaction of the Town of Tillsonburg. 5. The subdivision agreement shall make provision for cash-in lieu of parkland in accordance with the relevant provisions of the Planning Act. The fee will be required at the time of signing the subdivision agreement. 6. That the subdivision agreement include appropriate provisions for the fencing of lots adjacent to West Town Line, and Blocks 5, 6 & 7, to the satisfaction of the Town of Tillsonburg. 7. The subdivision agreement shall contain appropriate provisions that prior to grading and issuance of building permits, that a storm water management report, grading plan and an erosion and 55 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 9 siltation control plan be reviewed and approved by the Town of Tillsonburg, and the Long Point Region Conservation Authority and further, the subdivision agreement shall include provisions for the owner to carry out or cause to be carried out any necessary works in accordance with the approved plans and reports. 8. Prior to the approval of the final plan by the County, the applicant shall provide the findings of a geotechnical investigation undertaken by a qualified consultant, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 9. The subdivision agreement shall contain a provision directing the owner and all future owners of properties within the draft plan to include the following environmental warning clause in all purchase and sale agreements: “Purchasers are advised that dust, odour and other emissions from normal agricultural activities conducted in the periphery of the subject lands, in the Township of Norwich, may be of concern and may interfere with some residential activities”. 10. Block 7 shall be conveyed to the Town of Tillsonburg for a pedestrian walkway, free of all costs and encumbrances and that the walkway be graded and fenced to the satisfaction of the Town of Tillsonburg. 11. A 0.3 m (1 ft) reserve shall be dedicated to the Town Tillsonburg, free of all costs and encumbrances, at the western boundary of the subject lands, for lots that are adjacent to West Town Line. 12. Prior to the approval of the final plan by the County, such easements as may be required for utility and drainage purposes shall be granted to the appropriate authority. 13. The owner agrees in writing to satisfy all requirements, financial and otherwise, including payment of applicable development charges and watermain extension, of the County of Oxford regarding the installation of the water distribution system, the installation of the sanitary sewer system, and other matters pertaining to the development of the subdivision. 14. Prior to the approval of the final plan by the County, the owner shall receive confirmation from the County of Oxford Public Works Department that there is sufficient capacity in the Town of Tillsonburg water system and wastewater system to service the plan of subdivision. Confirmation shall be given in accordance with the “Protocol for Allocation of Water and Sewage Capacity for Development”. 15. The subdivision agreement shall make provision for the assumption and operation, by the County of Oxford, of the water and wastewater distribution systems within the draft plan subject to the approval of the County of Oxford Department of Public Works. 16. The owner agrees in writing that all existing wells on the subject lands will be properly abandoned in accordance with Ontario Regulation 903 and that the necessary paperwork and confirmation be submitted to the County Public Works Department for review and approval. 17. Prior to the approval of the final plan by the County, all lots/blocks shall conform to the zoning requirements of the Town’s Zoning By-law. Certification of lot areas, frontages, and depths shall be provided to the Town by an Ontario Land Surveyor retained by the owner. 56 Report No: CP 2018-173 COMMUNITY PLANNING Council Date: June 25, 2018 Page 10 18. Prior to the signing of the final plan by the County of Oxford, the owner shall submit an archaeological assessment of the subject property and mitigate, through preservation or resources removal and documentation, adverse impacts to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the issuance of a clearance letter by the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 19. Prior to the signing of the final plan by the County of Oxford, the owner shall agree in writing to satisfy the requirements of Canada Post Corporation with respect to advising prospective purchasers of the method of mail delivery; the location of temporary Centralized Mail Box locations during construction; and the provision of public information regarding the proposed locations of permanent Centralized Mail Box locations. 20. Prior to the approval of the final plan by the County, the owner shall agree in writing to satisfy the requirements of Union Gas that the owner/developer provide Union Gas Limited with the necessary easements and/or agreements required for the provisions of gas services, in a form satisfactory to Union Gas Limited. 21. Prior to the signing of the final plan, the County of Oxford shall be advised by the Town of Tillsonburg that Conditions 2 to 12 (inclusive), have been met to the satisfaction of the Town. The clearance letter shall include a brief statement for each condition detailing how each has been satisfied. 22. Prior to the signing of the final plan, the owner shall secure clearance from the County of Oxford Public Works Department that Conditions 12 to 16 (inclusive) has been met to the satisfaction of County Public Works. The clearance letter shall include a brief statement for each condition detailing how each has been satisfied. 23. Prior to the signing of the final plan, the County of Oxford shall be advised by Canada Post Corporation that Condition 19 has been met to the satisfaction of Canada Post. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 24. Prior to the signing of the final plan, the County of Oxford shall be advised by Union Gas that Condition 20 has been met to the satisfaction of Union Gas. The clearance letter shall include a brief statement detailing how this condition has been satisfied. 25. This plan of subdivision shall be registered within three (3) years of the granting of draft approval, after which time this draft approval shall lapse unless an extension is authorized by the County of Oxford. SIGNATURES Authored by: Eric Gilbert, RPP, MCIP, Senior Planner Approved for submission: Gordon K. Hough, RPP, Director 57 April 23, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 58 April 23, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 59 June 6, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1220 Notes NAD_1983_UTM_Zone_17N 61 Meters Residential Density Low Density Residential Medium Density Residential High Density Residential Residential Reserve Heritage Residential Mobile Home Park 100 Metre Buffer Ingersoll Village Land Use Designation Village Core Service Commercial Low Density Residential Medium Density Residential Industrial Major Institutional Future Urban Growth Open Space Environmental Protection School Requiring Secondary Planning (See Sec. 4.2.2.4) Land Use Designation Residential Residential Reserve Central Business District Entrepreneurial District Neighbourhood Shopping Centre Service Commercial Regional Commercial Node Business Park Traditional Industrial Community Facility Open Space Environmental Protection Future Urban Growth Rural Buffer Industrial Site Specific Policy Area Agricultural Reserve Settlement County Biosolid Storage Facility County Landfill Site Quarry Area Industrial Linear Rural Cluster Pedestrian Predominate Area 60 61 17-098 SUBDIVISIONDESIGNED BY:TOWN OF TILLSONBURGREZONING PLANG. DOUGLAS VALLEE LIMITEDDRAWN BY:JDVDATEMJHCHECKED BY:1:750DATEDRAWING NO.FEB 6, 2017SCALEREVISIONDRAFT PLAN OF SUBDIVISIONOF PART OFLOT 24LAND REGISTRAR'S COMPILED PLAN 1653MUNICIPALITY OF THETOWN OF TILLSONBURGCOUNTY OF OXFORD2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4DCBLAND USE TABLEPROPOSED DIVISONS PROPOSED LAND USETOTAL AREA 4.98 haAREAPROPOSED ZONINGZONING TYPEAMENDMENTSEXISTING ZONINGZONING TYPEDENSITYPROPOSED SIDEWALK LOCATIONBORDER BETWEEN MEDIUM AND LOW DENSITY AREAS62 April 23, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 63 April 23, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 64 June 6, 2018 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1220 Notes NAD_1983_UTM_Zone_17N 61 Meters Residential Density Low Density Residential Medium Density Residential High Density Residential Residential Reserve Heritage Residential Mobile Home Park 100 Metre Buffer Ingersoll Village Land Use Designation Village Core Service Commercial Low Density Residential Medium Density Residential Industrial Major Institutional Future Urban Growth Open Space Environmental Protection School Requiring Secondary Planning (See Sec. 4.2.2.4) Land Use Designation Residential Residential Reserve Central Business District Entrepreneurial District Neighbourhood Shopping Centre Service Commercial Regional Commercial Node Business Park Traditional Industrial Community Facility Open Space Environmental Protection Future Urban Growth Rural Buffer Industrial Site Specific Policy Area Agricultural Reserve Settlement County Biosolid Storage Facility County Landfill Site Quarry Area Industrial Linear Rural Cluster Pedestrian Predominate Area 65 66 17-098 SUBDIVISIONDESIGNED BY:TOWN OF TILLSONBURGREZONING PLANG. DOUGLAS VALLEE LIMITEDDRAWN BY:JDVDATEMJHCHECKED BY:1:750DATEDRAWING NO.FEB 6, 2017SCALEREVISIONDRAFT PLAN OF SUBDIVISIONOF PART OFLOT 24LAND REGISTRAR'S COMPILED PLAN 1653MUNICIPALITY OF THETOWN OF TILLSONBURGCOUNTY OF OXFORD2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4DCBLAND USE TABLEPROPOSED DIVISONSPROPOSED LAND USETOTAL AREA 4.98 haAREAPROPOSED ZONINGZONING TYPEAMENDMENTSEXISTING ZONINGZONING TYPEDENSITYPROPOSED SIDEWALK LOCATIONBORDER BETWEEN MEDIUM AND LOW DENSITY AREAS67 SB 18-02-7 Apr. 18/18 000430147 68 69 70 71 72 73 ZN 7-18-04 Apr. 18/18 Apr. 18/18 000430147 74 75 76 77 Report No: CP 2018-176 COMMUNITY PLANNING Council Date: June 25, 2018 Page 1 of 3 To: Mayor and Members of Town of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Request for Extension of Draft Approved Plan of Subdivision 32T-07006: Lindprop Corp. REPORT HIGHLIGHTS  A request has been received to extend draft plan approval for the proposed residential subdivision development of 142 lots for single detached dwellings, 17 lots for semi-detached dwellings, 1 local commercial block, 3 greenway blocks, 3 walkway blocks, and 1 parkland block, in the Town of Tillsonburg.  The approved draft plan was originally approved in 2008, and was extended in 2011, 2013 and 2016 and is scheduled to lapse on October 22, 2018.  Planning staff recommend support of a two (2) year extension to grant additional time to satisfy the conditions of draft plan approval and register the draft plan of subdivision. DISCUSSION Background OWNER: Lindprop Corporation 55 Blue Willow Drive Woodbridge ON L4L 9E8 LOCATION: The subject lands are described as Lots 4 & 5, Concession 10 (Dereham) and are located on the north side of North Street East, between Falcon Drive and the CPR Right-of-Way in the Town of Tillsonburg. OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Residential & Open Space Land Use Plan Schedule “T-2” Town of Tillsonburg Low Density Residential. Residential Density Plan 78 Report No: CP 2018-176 COMMUNITY PLANNING Council Date: June 25, 2018 Page 2 of 3 TOWN OF TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Future Development Zone (FD) PROPOSAL: A request for extension to draft plan approval for the above noted subdivision has been received by the Town of Tillsonburg and the County of Oxford. The applicant has requested a 2 year extension to the draft plan until October 2020. The Town of Tillsonburg and the County of Oxford granted draft plan approval for a residential plan of subdivision on the subject property in October 2008. The draft plan proposed development within the southwest area of the subject property, and includes 142 single detached dwelling lots, 17 semi-detached dwelling lots (34 units), 1 local commercial block, 3 greenway blocks, 3 walkway blocks, and 1 parkland block. No part of this approved draft plan of subdivision has been registered to date. The plan received a two year extension in 2011, three year extension in 2013, two year extension in 2016, and draft plan approval will lapse on October 22, 2018. No engineering plans have been submitted to date. Since the last extension granted in 2016, the County has completed the road reconstruction of North Street East and municipal services have been extended to the property. The required sewage pumping station has been designed and is currently out for tender, and is expected to be commissioned by mid-2019. Plate 1, Location Map, shows the location of the subject lands, with an overlay of the draft approved plan of subdivision. Plate 2, Draft Approved Plan of Subdivision, shows the proposed lot and road configuration of the draft plan approved subdivision. AGENCY CIRCULATION: This application was circulated to a number of agencies considered to have an interest in the application: Oxford County Public Works Department provided the following comment: Road reconstruction phases on North Street have now been completed; however the sewage pumping station still needs to be constructed to provide wastewater service to the subject development, as well as other properties in the area. The pumping station project is currently out for tender and construction is tentatively scheduled to be completed by summer of 2019. At this time, all servicing constraints to the subject lands will have been addressed by the County. Planning Analysis The applicant has requested to extend draft plan approval of the above noted subdivision for an additional two (2) year period. As indicated in the request, the subject lands were not able to be serviced with municipal water and waste water services until the North Street upgrades are complete. 79 Report No: CP 2018-176 COMMUNITY PLANNING Council Date: June 25, 2018 Page 3 of 3 Staff are recommending that a two (2) year extension be granted, as the North Street road reconstruction was completed in 2017 and the sanitary pumping station is expected to be begin construction imminently and completed by mid-2019. Although the required sanitary pumping station is not yet constructed, this not does preclude efforts being made to work towards registration, including the installation and approval of onsite infrastructure. In light of the foregoing, Planning Staff are supportive of a two (2) year extension of the draft approved plan of subdivision as it will allow the applicant additional time to clear the outstanding conditions of draft plan approval and service the subject property and work towards registration. A resolution of Town Council, in support of the owner’s request, is requested in order to grant an extension of the approval period. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg advise Oxford County that the Town supports an extension of draft approval for a plan of subdivision submitted by Lindprop Corp., for lands described as Lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg, to October 22, 2020, to grant additional time to satisfy the conditions of draft plan approval and register the draft plan of subdivision. SIGNATURES Authored by: original signed by: Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: original signed by: Gordon K. Hough, RPP, Director 80 1:6,141 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend August 13, 2013 312312Meters © County of Oxford 0 Notes NAD_1983_UTM_Zone_17N 156 Parcel Lines (Displays 1:64 000 to 1:500) Property Boundary Assessment Boundary Unit Road Municipal Boundary Draft Plans Open Space Right of Ways Properties Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 81 82 Report Title Century Plaque Program Policy Report No. CL 18-22 Author Bob Marsden, Chair, Heritage, Beautification & Cemetery Committee Laura Pickersgill, Legislative Services Coordinator Meeting Type Council Meeting Council Date June 25, 2018 Attachments Schedule A- Century Plaque Program Policy Schedule B- Century Plaque Program Procedures Schedule C- Century Plaque Program Application Form Page 1 / 2 Century Plaque Program Policy RECOMMENDATION THAT Council receives Report CL 18-22, Century Plaque Program Policy; AND THAT Council supports the recommendations of the Heritage, Beautification and Cemetery Committee; AND FURTHER THAT a by-law to adopt the Century Plaque Program Policy be brought forward for council consideration. OBJECTIVE To receive endorsement from Council on the recommendations from the Heritage, Beautification and Cemeteries Committee in regards to adopting the Century Plaque Program Policy. BACKGROUND The Heritage, Beautification and Cemeteries Committee is recommending to Council that the Town of Tillsonburg implement a century plaque program. The Committee feels that this program would enhance and celebrate the built heritage in the Town of Tillsonburg. This program was brought to the committee’s attention from an advertisement for the City of Toronto’s Historical Plaque Program. After speaking with staff from the City of Toronto, they indicated that this program is a very successful program that does not require a lot of staff time or funding. Staff have drafted a policy to implement a similar program for the Town of Tillsonburg and the Heritage, Beautification and Cemeteries Committee have reviewed and endorsed the policy. During the committee meeting held on June 7, 2018, the committee passed the following resolution: 83 Page 2 / 2 CAO Moved by: Penny Esseltine Seconded by: Sue Saelens THAT the Heritage, Beautification and Cemeteries Committee move forward with the plaque program and present the draft policy to Council for approval. Therefore, the committee is bringing this policy forward (schedule A) and is seeking endorsement from Council to support this policy and allow the committee to implement this program. FINANCIAL IMPACT/FUNDING SOURCE Costs of the plaques will be $148 plus tax but this cost will be fully recovered through the application fee to the plaque owner. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 4 – Culture & Community 4.1 Promote Tillsonburg as a unique and welcoming community 84 Recreation, Culture & Parks Century Plaque Program Policy Policy Number 9-008 Approval Date d-m-yyyy Revision Date Schedules Page 1 / 4 9-008 Century Plaque Program- DRAFT A. POLICY STATEMENT This policy outlines the regulations and procedures governing the Town of Tillsonburg’s Century Plaque Program. B. PURPOSE This policy is meant to identify and celebrate the built heritage in the Town of Tillsonburg. This policy is implemented to ensure a consistent application of the plaque program and was created to enhance the recognition of century buildings in the Town. C. SCOPE This policy and procedure applies to any resident in the Town of Tillsonburg who seeks application through the Tillsonburg Century Plaque Program. D. AUTHORITY This policy shall be administered by the Clerk’s Department and may be subject to amendments from time to time. E. POLICY Eligibility Properties eligible to participate in the Tillsonburg Century Plaque program must have been constructed at least 100 years ago or more at the time of application. The property must be located within the boundaries of the Town of Tillsonburg. Application Procedures Applications for century plaques shall be submitted on the Application Form to the Town of Tillsonburg. Applications will be available in electronic format on the Town’s website. Hard copies will be available upon request of the applicant. 85 Recreation, Culture & Parks Century Plaque Program Policy Policy Number 9-008 Page 2 / 4 9-008 Century Plaque Program- DRAFT Applications shall be submitted to: Town of Tillsonburg Attn: Clerk’s Office 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 clerks@tillsonburg.ca Each application shall include the: • Civic address of the property, • Name of the current owner, • Name of the person requesting the plaque (if not the owner), • Applicant’s contact information, • Date of the application, • Photo(s) of the properties exterior, and • Roll number of the property. Application Fees Each application must include the application fee. Application fees are in accordance with the current Town’s Rates and Fees By-Law, and are subject to change. Application fees shall cover the full cost of the century plaque. Century Plaque Details • Plaques will be supplied by Ingersoll, Tillsonburg and Thames Memorials • Material: black granite, all polished except for the back • Colour: black background with white text • Size: 11.25” wide, 9.75” high, 0.5” thick • Two screw holes (3/8”) on each side to attach the plaque • Civic address number will be etched in white by the supplier • All plaques will be scribed with “Century House” at the top and “Tillsonburg” (in branding) at the bottom • The design of the plaque is non-negotiable 86 Recreation, Culture & Parks Century Plaque Program Policy Policy Number 9-008 Page 3 / 4 9-008 Century Plaque Program- DRAFT The design will appear as shown below: Advertising The Century Plaque Program shall be advertised to the community using a variety of channels to enhance the recognition of century buildings in the Town. Channels may include: • Town website • Town Facebook page • Community Update Section- Tillsonburg News • Media Releases • Radio Notices • Any other appropriate mediums as they arise Plaque Presentation Once the plaque is delivered to the Corporate Office, staff will contact the applicant to set up a time at a future Council meeting to present the plaque. This plaque will be presented to the applicant during the “Presentations” section of the Council agenda. This is optional. General Information The plaques shall be installed by the applicant and will not be installed by Town staff. The plaque becomes property of the property owner once received. The Town will not replace or refund any broken, misplaced or damaged plaques after the owner has taken possession. It is 87 Recreation, Culture & Parks Century Plaque Program Policy Policy Number 9-008 Page 4 / 4 9-008 Century Plaque Program- DRAFT the owner’s responsibility to fully inspect the plaque prior to installing the plaque to check for any deficiencies. The plaque must be attached to the building designated on the application. Participants of the Century Plaque Program are NOT designating their property as a heritage property, therefore would not be subject to the restrictions set out in the Ontario Heritage Act. Exceptions This policy and procedure does not preclude the requirements of the Ontario Heritage Act with respect to Designated Heritage Properties. 88 Century Plaque Program Application Form __________________________ ____________________________________ Applicant’s Name Applicant’s Address __________________________ ____________________________________ Applicant’s Phone Number Applicant’s Email Address __________________________ _____________________________________ Property Owner’s Name (if different from Property Address for proposed plaque applicant) __________________________ _____________________________________ Property Roll Number (this can be found Year the structure was built on your tax bill) ___________________________ _____________________________________ Applicant’s Signature Date By signing this Application Form, the Applicant agrees to install the Plaque in accordance with the following guidelines: • Plaque must be attached to the original structure on the property • Plaque shall be installed by the applicant • The Town of Tillsonburg releases any responsibilities for damage done to the plaque once released to the applicant • The Town of Tillsonburg does not provide any refunds for lost or damaged plaques once released to the applicant • Plaque must conform to the regulations set out in the Oxford County addressing policy Please submit completed Application Form to: Town of Tillsonburg Attn: Clerk’s Office 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 clerks@tillsonburg.ca Please print all information so that it is clearly legible. 89 Century Plaque Program Procedure 1. Applicants complete the application form online or in person at the Corporate Office 2. Legislative Services Coordinator (LSC) receives the application 3. LSC reviews application for eligibility 4. LSC will inform the applicant on the status of their application (if approved or rejected) 5. LSC will order the plaque from the supplier with the given information 6. Plaque will be delivered to the Corporate Office 7. LSC will contact applicant when the plaque is ready 8. LSC will arrange a time with the applicant to have the plaque presented to them at an upcoming Council meeting 9. Applicant will make payment via cash or cheque payable to the “Town of Tillsonburg” 10. Council will present the plaque to the applicant at a Council meeting 11. Applicant is now responsible for the plaque and shall install it on the property 90 Page 1 of 2 Report No: CP 2018-143 COMMUNITY PLANNING Council Date: May 28, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Norfolk County Official Plan Changes - Norfolk Mall REPORT HIGHLIGHTS • Norfolk County recently completed a review of their Official Plan. As part of the review, revised Official Plan policies were adopted respecting the Norfolk Mall, located at the easterly edge of the Town of Tillsonburg and immediately adjacent to the Township of Norwich. • The revised Official Plan policies re-designate the Norfolk Mall site from ‘Hamlet Area - special policy area’ to ‘Shopping Centre Commercial Area - special policy area’. The Official Plan changes are currently under consideration by the Ministry of Municipal Affairs. • Policy wording and clarification proposed by Community Planning staff to Norfolk County staff and Norfolk County Council were adopted as part of the proposed changes. The suggested modifications reiterate the unique nature of the development and importance of cooperation between Norfolk County, Town of Tillsonburg, and County of Oxford. DISCUSSION BACKGROUND Norfolk County initiated a review of their Official Plan, entitled ‘Grow Norfolk’ in 2015. As part of that review, revised policies were proposed for the Norfolk Mall site, to re-designate the site from Hamlet - Special Policy Area, to Shopping Centre Commercial - Special Policy Area. As Council is aware, the Norfolk Mall site is comprised of two parcels, totalling approximately 15.2 ha (38 ac) in area. The lands are situated on the north side of Simcoe Street, where it intersects with Highway #3, within the Hamlet of Norfolk North. The Norfolk Mall was established in 1973 and currently comprises a total gross floor area of approximately 13,100 m2 (141,000 ft2). The Mall is anchored by a 5,680 m2 (61,100 ft2) Zehrs supermarket, and a vacant space totalling approximately 5,444 m2 (58,601 ft2) which was last used by Wal-Mart. The two larger spaces are connected by a number of smaller retail-oriented uses. An ancillary pad containing a Harvey’s / Swiss Chalet restaurant is also located on the site. In January 2016 Town Council received CASPO Report 2017-19 (attached) which outlined the proposed changes and Community Planning staff’s concerns with the proposed changes. One of the primary concerns was that the Shopping Centre Commercial designation would undermine the negotiated compromise between the Town of Tillsonburg, County of Oxford, and 91 Report No: CP 2018-143 COMMUNITY PLANNING Council Date: May 28, 2018 Page 2 of 2 Norfolk County that ultimately resulted in the current approved Official Plan policies for the Norfolk Mall. Community Planning staff met with Norfolk County Planning staff and their consultant a number of times and ultimately provided a revised policy framework that carried forward the existing provisions of the Hamlet - Special Policy Area into the new Shopping Centre Commercial - Special Policy Area, and included clarifications and additional guidance for future development proposals or significant redevelopment of the existing site. The suggested policy modifications include clarifying the underlying Official Plan policies (that the property remains within the Hamlet of Norfolk North), updating references to the servicing agreement between the landowner and the County of Oxford, and clarifying what policies would be applicable for future re-development or expansion of the site. The policy modifications also reiterate that future development or redevelopment is to be consistent with the Hamlet Area policies, and there are no additional implied uses permitted in the Shopping Centre Commercial designation which could be detrimental to the planned function of Downtown Tillsonburg. These changes were accepted by Norfolk County Planning Staff and presented to Norfolk County Council at their January 16, 2018 Public Meeting and were adopted by Norfolk County Council on January 30, 2018. The final document has been forwarded to the Ministry of Municipal Affairs for approval. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg receive CP Report 2018- 143, Norfolk County Official Plan Changes - Norfolk Mall, as information. SIGNATURES Authored by: Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: Gordon K. Hough, RPP, Director 92 Report Title CAO18-07 Resident’s Concerns – North Park Phase 1 – Langrell Ave Report No. CAO18-07 Author David Calder Meeting Type Council Meeting Council Date June 25, 2018 Attachments Page 1 / 4 CAO18-07 Resident s Concerns North Par RECOMMENDATION THAT Council receive report CAO 18-07 Resident’s Concerns – North Park Phase 1 - Langrell Ave for information. And that staff be authorized to take the actions as noted in report CAO 18-07 Resident’s Concerns – North Park Phase 1 - Langrell Ave to address the concerns raised by residents of North Park Phase 1; And that securities held by the Town of Tillsonburg for North Park Phase 1 - Langrell Ave in the amount of approximately $65,245.26 and additional funding of approximately $150,000.00 from the Development Remediation Reserve Fund for a total of $215,245.26 be allocated to complete the subdivision deficiencies. EXECUTIVE SUMMARY At its meeting of May 28, 2018, Council heard a delegation representing the residents of North Park Phase 1 – Langrell Drive regarding a number of outstanding subdivision deficiencies that have not been addressed by the developer. The representative provided a PowerPoint presentation containing the issues the residents would like to see addressed. At the meeting, Council requested a staff report for the June 25th, Council meeting. The CAO in conjunction with a number of departmental staff has prepared this report in response to the concerns raised and is recommending funding sources in order to complete the subdivision development. BACKGROUND The Subdivision Agreement for North Park Phase 1 was registered on title June 17th, 2004. As with all Subdivision Agreements the developer was required to provide securities in the form of cash or a letter of credit in order to complete any subdivision deficiencies should the developer not complete the required works. As an aside, it appears that in addition to cash securities, in accordance with this particular Subdivision Agreement, the Town accepted 10 lots from the developer as securities and then released them over time as the development progressed and certain phases of work were completed. As a result, the Town eventually did not hold any lots as 93 Page 2 / 4 CAO security for outstanding works within the subdivision. As well, initially funds in the amount of $106,000.00 were posted with Town. Again, over time, as certain works were complete the amount of securities was reduced leaving a current balance of $65,245.26 in securities retained by the Town. Staff has calculated the total cost to complete the subdivision deficiencies at $215,245.26. As a result, the Town does not hold enough developer funded securities to complete all the outstanding works. Staff is also aware that the subdivision may have changed hands shortly after the registration of the Subdivision Agreement in 2004, although the Town does not have any official documentation indicating the change in ownership. Staff would have to obtain legal assistance to determine who is responsible for meeting the conditions of the Subdivision Agreement and enforcing the conditions. Title searches would be required to determine the ownership history of all the lots within the subdivision. As outlined to Council in a memorandum dated January 15, 2018 from the Director of Operations reporting on two other subdivisions, the enforcement process would involve the Town sending a letter to the developer with a stated completion date followed by a letter from the Town’s lawyer within 30 days of no action, reiterating the requested completion date. If these actions did not obtain any results, a report would be prepared for Council requesting a Council resolution to have the work completed by a specific date. Again, if this date came and went the Town’s lawyer would send a notice advising that the Town will be utilizing all the remaining securities with the balance of any costs being invoiced to the Developer. The Town would then be in a position to tender, award and complete the outstanding work. This would obviously take time and effort which could drag on without resolving the resident’s concerns. Staff anticipates that nothing of significance would take place until 2019, if at all, following this process. As well, in this specific case, there may be difficulty in determining who is directly accountable for meeting the conditions of the Subdivision Agreement. In 2016, staff issued a notice to the owner identified in the Subdivision Agreement but received no response. There are a number of options available to the Town in order to address the concerns outlined by the delegation to Council on May 28, 2018. Staff has discussed the options as follows: 1. Pursue the developer and encourage the developer to complete the works at the developer cost. (may be difficult to locate the owner/developer, could involve legal, lengthy process) 2. Advise the resident’s that the works will be completed by the Town with the balance of the funds being levied against the individual property owners. (as the individual property owners may be considered the owners now - this is not practical nor fair as the property owners paid for their property at values related to a complete subdivision development) 3. Spend the securities held by the Town and complete as much work as possible. (does not resolve all the deficiencies nor address all the concerns raised by the residents) 4. Allocate the securities held by the Town and fund the balance of the required work through the Development Remediation Reserve Fund. (recommended approach) 94 Page 3 / 4 CAO 5. Any combination of these options. Staff is proposing to have the Town allocate the required resources, including the securities held by the Town, to complete the subdivision deficiencies, proceed with tendering and completing the works. In parallel, the Town could pursue legal remedies in order to attempt to obtain from the developer the balance of funds that are required to complete the subdivision works. This process would have the Town tendering, awarding and completing the outstanding works. The Town would make best efforts to have the works completed as soon as possible but the public tendering process including drafting a tender would have to be followed which does take time. As noted, the difficulty identified is that it may be difficult to locate the legal entity responsible for completing the conditions of the Subdivision Agreement due to the possible undocumented change in ownership in 2004 (all lots have now been sold). Staff can find no record of this change other than a note from the original owner stating he sold the development to another company. As a result, there would appear to be minimal risk in allocating the securities on hand to help offset the cost of completing the deficiencies. Conversely, the funds allocated from the Development Remediation Fund may not be replaced through the process of collecting the outstanding funds if staff cannot locate the legal entity under the Subdivision Agreement and legal action may be a lengthy process. Regardless, staff with the assistance of the Town Solicitor would make attempts to pursue reimbursement through the enforcement of the Subdivision Agreement conditions. OTHER CONCERNS FROM THE RESIDENTS The delegation raised a concern of light pollution into the subdivision from a neighbouring business. Town By-law enforcement staff followed up with the business owner and the lights have been adjusted to better direct the light downward onto the property rather than spill into the subdivision. The delegation also identified a dirt pile abutting the subdivision (from the subdivision but on town land) which is an eyesore, may cause drainage issues and is grown over with weeds. Again, staff are looking into having the dirt removed and the area of the site graded. The pile is located on Town owned lands identified as parkland. The last item raised was that of safety around the storm water pond. Staff has reviewed some best practices in other municipalities and is of the opinion that some warning signage could be posted by the storm water pond to ensure it is not used for recreational purposes and to warn of fluctuating water levels. Equipment requires maintenance and monitoring to ensure it does not go missing through theft which then creates additional liabilities. Fencing of storm water ponds is expensive and does not necessarily provide any protection due to vandalism or unauthorized entry by climbing the fence. Also, maintenance also becomes an ongoing issue. Staff is therefore recommending the posting of some warning signage by the pond and general education regarding storm water ponds. 95 Page 4 / 4 CAO FINANCIAL IMPACT/FUNDING SOURCE Staff have estimated that the cost of completing the subdivision deficiencies to be approximately $211,978.80 with an additional $3500.00 as contingency. The Town holds cash securities for the North Park – Phase 1 subdivision in the amount of $65,245.26 creating a funding deficit of about $150,000. Staff is recommending that the securities on hand be released to offset the total cost of completing the North Park – Phase 1 subdivision. Staff is also recommending that $150,000 be released from the Development Remediation Reserve Fund and allocated to complete the necessary infrastructure works in the North Park – Phase 1 subdivision. The Developer Remediation Reserve Fund currently has approximately $260,000. If Council authorizes an allocation of $150,000 from the reserve fund for North Park – Phase 1 a balance of approximately $110,000 will remain. If funds are recovered from the developer, those funds would go into the Development Remediation Reserve Fund. COMMUNITY STRATEGIC PLAN IMPACT As noted in the Community Strategic Plan (CSP), completion of the subdivision will ensure Tillsonburg continues to be an attractive place to live. 96 Report Title CAO 18-10 Update - Wood Haven Subdivision Outstanding Works Report No. CAO 18-10 Author David Calder, CAO Meeting Type Council Meeting Council Date June 25, 2018 Attachments Memorandum - Prioritization of Stale Developments Report – Wood Haven Subdivision Outstanding Works Page 1 / 3 RECOMMENDATION THAT Council receive Report CAO 18-10 Update - Wood Haven Subdivision Outstanding Works; AND THAT Council direct staff to report back after the July scheduled meeting between representatives of Permterra Development Corporation and the Town. BACKGROUND Town Council, at their May 8, 2017 meeting waived the requirement for sidewalks within the Wood Haven subdivision and discussed the need for the Developer to complete the outstanding subdivision works, excluding sidewalks. The outstanding works consist of significant base asphalt repairs (milling and padding), removal and replacement of concrete curb and gutter, adjusting manhole frames and grates and water valves to finished grade, placement of surface course asphalt and completion of any boulevard restoration. After the construction season of 2017, the subdivision works remained outstanding. Staff subsequently reported to Council on January 22, 2018 due the Developer taking no action in 2017 to complete the works. At their meeting of January 22, 2018, Council requested Permterra Development Corporation to complete all outstanding works, excluding the sidewalks, as per the Subdivision Agreement, by June 30, 2018. The purpose of this report is to provide an update to Council regarding the status of the outstanding works that Council requested be completed by June 30, 2018. Although the June 30 deadline has not passed, staff is aware that the outstanding works as identified above are not likely going to be completed by June 30. Over the course of the last 6 months, staff have attempted to work with the Developer to come to a resolution on the scope of the required works in order to complete the subdivision in accordance with the approved and signed Subdivision Agreement. The Developer through a previous telephone conversation advised he is not in agreement with staff’s requirements in terms of roadway base repairs and proper placement of surface course asphalt. The Director of Operations provided the following: “On April 9th, 2018 Engineering staff met with the Developer’s Engineer-on-Record and a representative from a Third Party Geotechnical firm retained by the Town to review the extent of the base asphalt repairs necessary to be completed prior to surface asphalt being placed. The 97 Page 2 / 3 total area was subsequently provided to the Engineer-on-Record and Developer who are not in agreement with the identified deficient base asphalt locations. Since the Town staff have repeatedly offered to discuss/meet, requested status updates and provided reminders of Council’s resolution to complete all the outstanding works by June 30, 2018, with no response until earlier this week (week of June 11, 2018) from the Developer requesting a meeting in July.” The Director of Operations advises that he is “hopeful that the Developer will have all the outstanding obligations completed to acceptable asset condition standards this construction season, however this July meeting will help determine the reality of such or if further remedial action is required.” CONSULTATION/COMMUNICATION The Director of Operations, in consultation with the Towns Solicitor, provided the Developer with a formal letter summarizing Councils direction to address the outstanding works by June 30th 2018. Should the works not be completed by June 30th, 2018, in accordance with the process identified in a Memorandum to Council dated January 15, 2018, a second letter could be sent to the developer providing notice that the Town will utilize all remaining posted security to complete the outstanding works and any funding shortfall will be invoiced back to the Developer. The Town could then tender, award and complete the outstanding work. The drafting of a tender and the tender process takes time and effort by both staff and for bidders to respond. Regardless, this is an avenue open to Council. Staff is of the opinion that the options available to Council at this time are: 1. Let staff meet with the Developer in July and report back to Council regarding the Developer’s intent and timing to complete the outstanding works as per the Subdivision Agreement. 2. Notify the Developer that the Town will be utilizing the remaining posted securities to complete the outstanding works and charge back to the Developer any funding deficiencies. The Town would then initiate the tender process. FINANCIAL IMPACT/FUNDING SOURCE The cost to complete the outstanding works, including boulevard restoration, significant base asphalt repairs, curb and gutter repairs, and surface asphalt is currently estimated at $131,000 (excludes sidewalks). The Town currently holds nearly $109,000 in securities resulting in an unfavourable variance of about $22,000. It should be noted that irrespective of the manner in which the amount of security was calculated the security is deposited by the Developer to ensure the faithful performance of all obligations contained within the Subdivision Agreement. In that respect the Town may use the security to complete any aspect of the development irrespective of the manner in which the original value was calculated. As noted, the Town holds cash as security in the amount of $109,000. Given that the Town currently holds insufficient cash securities to complete all the works, should Council decide to authorize the issuance of notice to the Developer regarding the use of the securities, there would be a funding variance of approximately $22,000 to complete the outstanding works and the difference would be invoiced to the Developer for payment. 98 Page 3 / 3 COMMUNITY STRATEGIC PLAN The completion of all remaining outstanding subdivision works supports Objective 1 – Excellence in Local Government and Objective 2 – Economic Sustainability of the Community Strategic Plan. 99 100 101 102 Report Title Council Remuneration Report No. CL 18-23 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date June 25, 2018 Attachments 2-008 Council/Local Board Expense Policy & By-Law Council Remuneration By-Law Town expense document 1/3 tax calculation spreadsheet AMO 2017 Annual Council Remuneration Survey Clerk’s Survey Council Remuneration Municipal Comparisons Chart based on committees comparators. Page 1 / 5 RECOMMENDATION THAT Council receives Report CL 18-23, Council Remuneration; AND THAT By-Law 4206 to authorize the Council/Local Board Expense policy be brought forward for Council consideration; AND THAT By-Law 4207 to establish the rate of remuneration for members of Council be brought forward for Council consideration. BACKGROUND At the June 14, 2018 Council meeting, Council received the recommendations from the Compensation Review Advisory Committee (CCAC). Council provided comments at that time on remuneration and the expense policy. DISCUSSION The Chair of the Council Compensation Review Advisory Committee (CCAC) presented their recommendations and Council provided their comments regarding the recommended remuneration and Expense Policy. Staff have revised and re-drafted the Council/Local Board Expense Policy and Remuneration By-Law based on those comments. Council remuneration has not been adjusted since 2006 with the exception of the cost of living (COLA) which was added in 2014. COLA was provided at the same rate as municipal employees. The Mayor position was adjusted in 2010 to attempt to bring the compensation more in line with the time commitment of the position. Under the current federal tax legislation, one-third of a municipal councillor’s total remuneration can be excluded from income (tax free). Total remuneration consists of a council member’s 103 Page 2 / 5 CAO remuneration, per diems, and general expense allowance. The Federal government in its Budget 2017 (March) contained a legislative change to eliminate this 1/3 tax exemption for elected officials effective in 2019. The CCAC recommended that the council’s compensation become whole and that the 1/3 portion they would normally receive as a tax break be added to their 2019 remuneration. Council indicated that the calculation provided was not accurate as the total tax impact for each councillor was not known or used in the calculation. To fairly judge the impact on tax for the loss of the 1/3 tax free allowance, a base assumption is required to approximate tax rates. As a starting point, staff used minimum wage for 2019 of $15 per hour for 2000 hours per year to provide a $30,000 base rate. By adding the 2/3 of the council remuneration of $12,700 the taxable amount would be $38,466.67. This would create Federal and Provincial Tax of $5,694.98. The after tax situation for this councillor would be about $37,005.02. Using this methodology council would need to be paid $13,900 (2018 rate) to be left with the same after tax amount of $37,014.93. This would mean that an additional $1,200 would be required to be added to the remuneration of each councillor to compensate for the removal of the 1/3 tax free allowance. The same methodology was used for the Mayor position by adding minimum wage for 2019 of $15 per hour for 2000 hours per year to provide a $30,000 base rate. By adding the 2/3 of the Mayor remuneration of $33,500 the taxable amount would be $52,333.33. This would create Federal and Provincial Tax of $9,425.07. The after tax situation for the Mayor would be about $54,074.93. Using this methodology the Mayor would need to be paid $68,200 (2018 rate) to be left with the same after tax amount of $54.070.46. This would mean that an additional $4,700 would be required to be added to the remuneration of the Mayor to compensate for the removal of the 1/3 tax free allowance. The spreadsheet used to calculate the above is attached to this report for review. The documents provided to the CCAC for review are attached to this report for Council’s review and consideration. They include: • Town of Tillsonburg documents related to Council remuneration and benefits • AMO 2017 Annual Council Remuneration Survey • Municipal Clerks survey of Ontario Councils • Council Remuneration Municipal Comparisons Chart 104 Page 3 / 5 CAO The work of the Mayor cannot be confined to a definable period of daily business, but is a seven- day-a-week commitment. Personal time, including vacations, can only be planned around this commitment. The remuneration of Mayor is reflective of the time commitment and degree of responsibility for this position and would be considered more of a full time position. In reviewing Mayor positions in other municipalities it appears that the remuneration for Mayor is in line with other municipalities and this position should remain with no additional compensation beyond the 1/3 tax exemption increase. The recommended rate for the Mayor is $33,500 plus the 1/3 tax exemption of $4,700 to be added for a total remunerated of $38,500. Although it is difficult to determine the amount of time that individual councillors would spend on town business, the position of councillor would be considered part-time. Councillors’ responsibilities require members to prepare for and attend meetings and events in addition to keeping informed on current issues while maintaining contact with residents. It should be understood that Councillors in a small community have a high public profile and that they are often required to be engaged with constituents on a daily basis. The review of comparator municipalities determined that Tillsonburg Councillors have fallen behind the average remuneration rate. Based on the review, the recommended rate for the Councillor position in 2019 should be $16,500 plus the 1/3 tax exemption of $1,200 to be added to their salary totalling $17,700. Beginning in 2019, the annual financial impact to the budget for remuneration would be increased by $5,000 for each Councillor position and $4,700 for the Mayor position for a total of $34,700.00. The Mayor and Council Base Remuneration should continue to be adjusted effective each year commencing in 2020 by the same market formula used in the annual adjustment for Town wages approved in the Financial Plan for all Town of Tillsonburg employees. It is recommended that no COLA should be provided in 2019 as adjustments for that year will already be made. The Draft Council/Local Board Expense Policy sets out expense compensation and benefits for the duly elected council and board members of the day. The recommended policy sets out perimeters for claiming expenses. The per diem expense has been added to reflect Council’s comments in reviewing the policy. The proposed per diem for attending conferences, workshops, seminars or meetings outside of the town boundaries is $185.00/day and $90.00/ ½ day. This figure was derived from averaging the 9 out of 14 municipalities polled, who pay per diems, in the Municipal Clerks Elected Official Remuneration Survey, August 2017. There is also a meal expense allowance for those events outside of the municipal boundaries which do not provide meals. A $95.00 meal expense represents the maximum that will be paid to each member and consists of a maximum of $20.00 for breakfast, $25.00 for lunch and $50.00 for dinner. All meal expenses must be accompanied by a receipt. The meal expense figures correspond to the current Municipal Staff Personnel Policy for the Town of Tillsonburg. 105 Page 4 / 5 CAO Members shall make every effort to use the most economical and efficient mode of transportation and the calculation for mileage for out of town destinations shall be $.52 per kilometer. This amount also coincides with the staff Personnel Policy for the town. Registration fees and associated costs for conferences, conventions, meetings and other events shall be covered by the Town. Ineligible Expenses for members include: a) Additional accommodation for days outside a formal Conference. b) Alcohol and alcoholic beverages. c) Mobile devices other than the Town provided device for Mayor and Acting Deputy Mayor. d) Companion registration fees and expenses at Conferences. e) Personal entertainment (e.g. sight-seeing, concerts, sporting events, etc.) f) Personal services (e.g. shoe shine, valet service, spa treatments, etc.) g) Personal vehicle costs beyond mileage (e.g. maintenance, repair, etc.) h) Traffic and parking fines Council had mentioned the ineligible expense for the provision for Internet Services outside Town provided work space. The committee’s recommendation to remove this as an eligible expense was that individuals would provide internet in their own homes whether they were a municipal servant or not and therefore it would not be required to add this to eligible expenses. Currently this expense is covered for the Mayor position only. The ineligible expense has been removed from the policy. Council have indicated that the importance of further education and representation at conferences and workshops is valuable to the Town. That to restrict or discourage this practice by requiring that expenses not exceed twenty percent (20%) of the gross remuneration of a member would not be a wise practice and therefore this has been removed from the policy. The current group extended health benefits plan and contribution rates provided for elected officials are currently paid by the Town in full for members of Council. Council indicated that as this is required and members are not able to opt out of benefits unless they are covered under a spouse’s benefits, that all members benefit costs should remain to be paid by the Town and that no percentage of the costs should be paid by councillors. FINANCIAL IMPACT/FUNDING SOURCE The impact to the 2019 budget would be an increase of $34,700. The increase to the Mayor position is solely as a result of the change to the tax legislation in the amount of $4,700; and the total increase to each Councillor position of $5,000 is a combination of $1200 as a result of the 106 Page 5 / 5 CAO change to the tax legislation, and $3,800 based on comparator information, totalling $30,000 for the 6 council positions. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Citizens are provided background information on remuneration for Council in an open and transparent process. 107 THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL POLICY 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY APPROVAL DATE: REVISION DATE: Page 1 of 6 SCHEDULES Page 1 of 6 1. Policy Statement The Council/Local Board Expense Policy governs the reimbursement of expenses incurred by Members of Council and Members of Local Boards during activities related to the Business of the Town of Tillsonburg. Members Tillsonburg Town Council and Members of Local Boards will be provided with fair and reasonable expense reimbursement for performing the responsibilities and duties of their office. 2. Definitions “Council” means the council of the Town of Tillsonburg. "Local Board" shall mean one of the following boards and committees established by the Council:  Tillsonburg Police Services Board  Property Standards Appeal Committee "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg or Local Board. “Town” means The Corporation of the Town of Tillsonburg. 108 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 2 of 6 3. Purpose 3.1. The objective of this policy is to provide consistent rules and guidelines to Members with respect to Eligible Expenses incurred in performing their duties. 3.2. The policy provides specific and clear direction regarding diverse expenses, and clarifies what are Eligible Expenses and Ineligible Expenses. 3.3. The policy establishes the provision of public access to expense information of Members. 3.4. The policy captures the following principles: a) Maintain Integrity of Member i. The integrity of a Member as a whole and the offices of the Members must be protected; and ii. The interest of a Member as a whole takes precedence over the personal interest of individual Members. b) Maintain Accountability i. Members are the stewards of resources and are ultimately accountable to the public for the type and level of expenses they incur; ii. Since members use public funds when they perform their duties, the public expects public funds to be used solely for fulfillment of their public duties; iii. Members’ expenses should be reasonable and reflect what the public expects of members; and iv. Members’ personal expenses must be kept separate from expenses related to Town Business. c) Maintain Transparency i. The public has a right to know how public funds allocated to Members are spent; and ii. The public’s right to Members’ expense information must be balanced against the need to protect personal information, and the need to allow time for proper account and reconciliation of expenses. 4. Scope This policy applies to all Members and establishes the basis upon which the Members will be reimbursed or have payment coverage for Eligible Expenses 109 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 3 of 6 incurred while undertaking activities related to Town Business while acting in their role as a member. 5. Roles and Responsibilities 5.1 All expenses submitted for reimbursement must be accompanied by supporting documentation and itemized receipts, except for mileage. A purchase (P) card should be used whenever possible for eligible expenses. 5.2. Members may attend conferences, conventions, meetings and other events using allocated funds in the current budget for registration fees and Eligible Expenses. 5.3 Members attending conferences, conventions, meetings and other events shall be compensated a per diem allowance of $185.00/day and $90.00/1/2 day. The daily per diem allowance is to be calculated on a 24-hour basis and not on a working day basis. It shall be calculated from the time of leaving for the function until the time of arrival home, to the nearest 1/2 day. 5.4. Transportation a) Members shall make every attempt to use the most economical and efficient mode of transportation including: i. economy airfare, rail fare including taxi fares to and from terminals or parking where required, or ii. mileage rate for personal automobile usage and parking, or iii. rented automobile and actual fuel cost. b) Members shall make efforts to share travel costs when travelling to the same destination. c) If a more expensive means of transportation is chosen by a member, only the most economical equivalent charges will be allowed. For example, if a Member chooses to drive to a destination where it is more economical to use air transportation, only the equivalent air transportation charge will be permitted. d) Calculation of Mileage will be for out of town destinations at the rate of $.52 per kilometer. 110 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 4 of 6 5.5. Accommodation a) Where overnight accommodation is required, the single room rate will be paid and must be accompanied by appropriate receipts. 5.6. Meals Allowance a) Members may claim up to the daily maximum meal allowance when attending a conference, convention, or other event when an overnight stay is required and receipts are provided. Daily Maximum Reimbursement Rate Breakfast $20.00/day Lunch $25.00/day Dinner $50.00/day b) Where meals are included in registration fees, the allowance is not applicable. c) All expenditures must be reasonable in the circumstances based on the explanation provided by the Member which must accompany the receipt. d) Members may be reimbursed for meal expenses incurred during the course of Town Business and shall include the following: i. Meals while travelling on behalf of the Town of Tillsonburg; or, ii. Meals required where circumstances warrant. 5.7 Monetary exchange costs will be allowed at the prevailing rates in order to convert Canadian dollars to other currencies (primarily to U.S. dollars). Payment will be made to Members in Canadian dollars. 5.8. Eligible Expenses The following is a list, though not exhaustive, of Eligible Expenses: a) Promotional material related to Town Business b) Subscriptions related to Town Business or the municipalities in general c) A maximum of one ticket for a Member when representing the Town at an event of a public nature (e.g. community dinners, events with proceeds going to charity, etc.). d) Parking related expenses save and except parking fines. 111 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 5 of 6 5.9 The following is a list, though not exhaustive, of Ineligible Expenses a) Additional accommodation for days outside a formal Conference. b) Alcohol and alcoholic beverages. c) Mobile devices other than the Town provided device for Mayor and Acting Deputy Mayor. d) Land Lines for personal residence. e) Companion registration fees and expenses at Conferences. f) Personal entertainment (e.g. sight-seeing, concerts, sporting events, etc.) g) Personal services (e.g. shoe shine, valet service, spa treatments, etc.) h) Personal vehicle costs beyond mileage (e.g. maintenance, repair, etc.) i) Traffic and parking fines 5.10 Legal Expenses a) Legal costs arising from or in any way related to complaints under the Code of Conduct are Eligible Expenses. b) Legal costs related to personal conflict of interest opinions are Ineligible Expenses. c) Costs involving certain legal proceedings against Members shall be reimbursed in accordance with the current indemnification policy and are subject to review by the Chief Administrative Officer for recommendation to Council. d) Requests for reimbursement of legal costs outside this policy or the indemnification policy shall be submitted to the Chief Administrative Officer for recommendation to Council. 5.11 Timelines a) Members shall submit expense reports with itemized receipts attached within 30 days after the each event; and b) Expense report information will be provided through a finance report each year prior to March 1st. 5.12 Members of Council Shall 112 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 6 of 6 a) Adhere to this policy; b) Submit expenses on a regular monthly timeline; c) Sign-off on all expenses submitted to or paid by the Town; d) Meet all financial, legal and tax obligations; and, e) Consult with Town Administrative staff for guidance with respect to the eligibility of an expense and/or any interpretation on the application of this policy. 5.13 Town Administrative Staff Shall a) Ensure consistent application of this policy; b) Process expenses in accordance with this policy; c) Ensure the supporting documentation is in place and that expenditures conform to this policy; d) Advise Members if any submitted or proposed expenditure is an Ineligible Expense or a breach of this policy; e) Track actual expenses against approved budget; and f) Each year, incorporate budget dollars in the annual budget for Council to consider for funding or reimbursing Members’ Eligible Expenses g) Complete the yearly Councillor Remuneration Report as required by the Municipal Act. 6. Policy Administration & Review This policy shall be administered by the Director of Finance or his/her designate. This policy shall be reviewed at least once during the four year term of Council to coincide with the review of Council remuneration or as required based on revisions to Corporate practices or Provincial legislation. 113 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4207 A BY-LAW to Establish the Rate of Remuneration for Members of the Council of the Corporation of the Town of Tillsonburg for the 2018 – 2022 term of Council and to Repeal By-Law 3932. WHEREAS pursuant to section 282. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25, subject to the Health Insurance Act, a municipality may provide, only through contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act, (a) group life insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; (b) group accident insurance or group sickness insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; and (c) hospital, medical, surgical, nursing or dental services or payments for those services for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; AND WHEREAS pursuant to section 283. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25, a municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board; AND WHEREAS pursuant to section 283. (4) of the Municipal Act, 2001 S.O. 2001, chapter 25, no part of the remuneration of a member of a council or local board paid under this section is deemed to be for expenses incidental to his or her duties as a member and a municipality or local board shall not provide that any part of the remuneration is for such deemed expenses; AND WHEREAS pursuant to section 283. (7) of the Municipal Act, 2001 S.O. 2001, chapter 25, on or after December 1, 2003, a council shall review a by-law under subsection (5) at a public meeting at least once during the four-year period corresponding to the term of office of its members after a regular election; AND WHEREAS a review of Council remuneration has been conducted in 2018 for the upcoming 2018-2022 Council term; AND WHEREAS Council deems it necessary and desirable to repeal By-Law 3932 passed by Council in relation to Council remuneration and expenses for the 2014 – 2018 term of Council and establish a new by-law as of December 1, 2018; AND WHEREAS Council recognizes that compensation should be tied mostly to Council member performance and that performance means attendance at meetings and events; NOW THEREFORE Council of the Corporation of the Town of Tillsonburg does enact as follows: 1. Council Remuneration That remuneration paid to Members of Council of the Town of Tillsonburg shall include the following, subject to the provisions contained within this By-law: a) Annual Remuneration paid to members of Council; b) Benefit Coverage including Life Insurance, Accidental Death & Dismemberment and optional Extended Health and/or Dental; 114 2. Annual Remuneration 2.1 That Annual Remuneration paid to Members of Council shall be as follows: Mayor $38,200.00 Councillor $17,700.00 2.2 That the Annual Remuneration paid to Members of Council in Section 2.1 shall be increased each year for cost of living based on the percentage increase for employees commencing in the year 2020. 2.3 That the Annual Remuneration paid to Members of Council shall be paid in equal bi-weekly instalments by way of direct deposit through the Town’s payroll system. 2.4 That no Member of Council shall be entitled to any form of severance pay upon ceasing to be a Member of Council prior to the completion of their elected term. 2.5 That the Annual Remuneration shall be deemed to include attendance at all Regular and Special Council, Advisory Committee, Ad Hoc Committee and Local Board meetings, except where an additional stipend is provided for such attendance, and conducted in accordance with the Town or Local Boards Procedural By-law as well as the attendance of Members of Council at meetings of Committees and Working Groups as a representative of Council. 2.6 That the Annual Remuneration shall further be deemed to include all voluntary attendance at any Town, Local Board or other meetings for which a Member of Council has not been appointed and for attendance at all Town, Local Board or other events. 3. Benefit Coverage 3.1 That all Members of Council shall be entitled to enrolment in the following group benefit plans: a) Canada Pension Plan (CPP), in accordance with the Federal legislation and regulations thereof, with the Town and the Member contributing equally to the cost of the premiums; b) Employer Health Tax (EHT), in accordance with the Provincial legislation and regulations thereof, with the Town contributing one hundred percent (100%) to the cost of the premiums; c) Life Insurance, in accordance with the contract thereof as Council may approve from time to time, with the Town contributing one hundred percent (100%) of the cost of the premiums; d) Accidental Death and Dismemberment (AD&D), in accordance with the contract thereof as Council may approve from time to time, with the Town contributing one hundred percent (100%) of the cost of the premiums; e) Dental and Extended Health coverage for Council, in accordance with the contract thereof as Council may approve from time to time, with the Town contributing one hundred percent (100%) of the cost of the premiums; 4. Expenses 4.1 That Members of Council, shall be issued a computer/tablet for use of Town business. The laptop computer/tablet and related equipment shall remain 115 property of the Town and shall be returned upon completion of the elected term, or upon request of the Town. 4.2 That any and all additional equipment provided by the Town to Members of Council during the Council term shall remain property of the Town and shall be returned upon completion of the elected term, or upon request of the Town. 4.3 That any and all claims/disbursements for expenses shall be in accordance with the Council/Local Board Expense Policy. 5. Review of Council Remuneration 5.1 That Council Remuneration shall be reviewed each Council term during the last 24 months of the term. 5.2 That the report and recommendations as a result of the review shall be presented to Council at a meeting open to the public. 5.3 That any changes as a result of the Council remuneration review shall take effect on the 1st day of the new Council term and shall remain in effect for the Council term. 6. THAT Council remunerations become effective December 1, 2018; 7. THAT By-Law 3480 is hereby repealed. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, and shall come into full force and effect on December 1, 2018. READ A FIRST AND SECOND TIME THIS 25th DAY OF JUNE , 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF JUNE, 2018 ___________________________________ Mayor – Stephen Molnar _________________________ Town Clerk – Donna Wilson 116 Council Council With 1/3 tax free Without 1/3 tax free Municipal Pay 12,700.00$ 13,900.00$ FT Job @ 2000 Hrs @ $15/Hour 30,000.00$ 30,000.00$ Federal Taxes 4,483.05$ 4,663.05$ Provincial Taxes 2,113.02$ 2,222.02$ Total less Taxes 36,103.93$ 37,014.93$ 1/3 of Renumeration Giveback 4,233.33$ -$ Recalulated Gross with 1/3 Tax Break 38,466.67$ Federal 3,848.05$ Provincial 1,846.93$ Recalculated Net after 1/3 Tax break 32,771.69$ -$ Salary Plus Giveback 37,005.02$ 37,014.93$ Salary needed to = Salary with giveback without actual giveback 12,700.00$ 13,900.00$ 1,200.00$ Mayor Mayor Mayor With 1/3 tax free Without 1/3 tax free Municipal Pay 33,500.00$ 38,200.00$ FT Job @ 2000 Hrs @ $15/Hour 30,000.00$ 30,000.00$ Total Gross Salary 63,500.00$ 68,200.00$ Federal Tax 8,569.77$ 9,533.27$ Provincial Tax 4,166.22$ 4,596.27$ Total less Taxes 50,764.01$ 54,070.46$ 117 1/3 of Renumeration Giveback (33% of Municipal + County)11,166.67$ Recalulated Gross with 1/3 Tax Break 52,333.33$ Federal 6,280.60$ Provincial 3,144.47$ Recalculated Net after 1/3 Tax break 42,908.26$ -$ Total Salary with giveback 54,074.93$ 54,070.46$ Salary needed to = Salary with giveback without actual giveback 33,500.00$ 38,200.00$ 4,700.00$ 118 119 120 121 122 123 124 125 126 127 ELECTED OFFICIALS REMUNERATION SURVEY AUGUST 2017 Municipality Remuneration Meeting Rates Conference Per Diem Capped Paid for All Meetings Meetings Required to Attend Without Pay No. Regular Meetings Average # Committee Meetings Additional Information Mayor Deputy Mayor Councillors Council Committe e Other Thames Centre $23,957.52 Indexed annually – equal to increase in staff/union remuneration $17,623.80 Indexed annually – equal to increase in staff/union remuneration $14,594.88 Indexed annually – equal to increase in staff/union remuneration - - - Rate equal to rate of Middlesex County Council (currently $151.49 per ½ day) $6,000 per member (includes registration, accommodation, meals, per diem & travel - paid in accordance with Automobile Allowance Rates – CRA) No – included in salary Council Meetings - Mileage paid in accordance with Automobile Allowance Rates - CRA All 21 Only 2 council reps appointed to various committees – a member may attend anywhere from 6 – 26 per year Additional remuneration for representatives on Police Services Board Current Mileage $.54/km Strathroy-Caradoc $43,507.90 $22,394.88 $17,457.05 - - - Registration, two meals, travel $10,000 for whole Council (9 members) No – included in salary Council & Committee 24 Each attend about 12 Additional remuneration for representatives on Police Services Board Middlesex Centre $26,026.52 Indexed annually – equal to increase in staff remuneration $19,519.50 Indexed annually – equal to increase in staff remuneration $16,266.38 Indexed annually – equal to increase in staff remuneration - - - No (receive mileage) 2/year (reviewing policy) No – included in salary All meetings 24-27 Approx 12 - Council reps appointed to various committees Mileage $.54/km Newbury 0 0 0 $35.00 $35.00 $35.00 No No Committee of Adjustment and Newbury Community Services - $35.00 4 12 4 Southwest Middlesex 2016 Rates $12,025.19 Indexed annually to reflect preceding year of CPI $6,680.67 Indexed annually to reflect preceding year of CPI $4,008.41 Indexed annually to reflect preceding year of CPI $80.17 $80.17 $80.17 $166.87 (max 3 days) $2,977.15 (includes accommodation, travel, per diem & out of pocket expenses) – adjusted annually to reflect preceding year of CPI) Yes None 33 Mileage $.45 128 ELECTED OFFICIALS REMUNERATION SURVEY AUGUST 2017 Tillsonburg $33,038.46 $13,861.12 $12,522.64 - - - $130/day No – included in salary (except Hydro Board $6,456.40/yr) All Council Advisory Committees (1-2 committees) 22 12 Additional remuneration for Police Services Board Malahide 2015-2018 $20,697.96 Indexed annually commencing Jan 1 2019 equal to percentage increase to Municipal Staff Salary Grid once determined $15,924.12 Indexed annually commencing Jan 1 2019 equal to percentage increase to Municipal Staff Salary Grid once determined $11,150.52 Indexed annually commencing Jan 1 2019 equal to percentage increase to Municipal Staff Salary Grid once determined - - - $165/day plus mileage Included in salary All 24 12 Annual mileage allowance: Mayor/Deputy Mayor $849.96 Councillor $570.00 Aylmer $15,604.80 $10,610.04 $8,738.52 - - - N/A Reasonable - Approved by Administrator (includes mileage, accommodation, meals) Administrator includes amount in annual budget Included in salary (except outside boards which may provide payment) 27 Approx. 27 + Water Board meetings and EEECC Interim Board Annual Remuneration for Police Services Board East Zorra Tavistock $19,046 $16,278 $13,506 - - - $220.45/day Mileage $.54 Meals max $40/meal & $75/day Accommodation & Parking Included in salary 21-22 None Mileage $.54/km Norwich $23,298 Indexed annually – equal to increase in staff(union) remuneration $20,420 Indexed annually – equal to increase in staff(union) remuneration $17,275 Indexed annually – equal to increase in staff(union) remuneration - - - $160/day – Max 3 per diems/ event (excludes mileage/travel & accommodation) Seminars - $125/day (excludes mileage) Max 3/year Reimbursed for mileage – meetings/ conferences/seminars and board meetings as appointed (provided Board does not provide reimbursement) 24-26 Average 2/month – Mayor more Mileage rate equal to previous years rate per km Revenue Canada Policy 129 ELECTED OFFICIALS REMUNERATION SURVEY AUGUST 2017 Lucan Biddulph 17,000 Indexed annually – equal to increase in staff remuneration 13,500 Indexed annually – equal to increase in staff remuneration 12,500 Indexed annually – equal to increase in staff remuneration - - - $150/day (if session less than 4 hours - travel time incl.) $300/day (if session exceeds 4 hours - travel time incl.) Plus meals, accommodations, travel & registration Included in salary All 22 Central Elgin $19,274.64 (2016 rate) Indexed annually – equal to increase in staff remuneration $12,705.91 (2016 rate) Indexed annually – equal to increase in staff remuneration $9,786.89 (2016 rate) Indexed annually – equal to increase in staff remuneration $150 up to 3.5 hours $225 meetings between 3.5 - 7 hours $375 - meetings over 7 hours (max) $150 up to 3.5 hours $225 meetings between 3.5 - 7 hours $375 - meetings over 7 hours (max) Personal Vehicle Allowance Mayor - $1000 Councillors - $500 $375/day (plus accommodation, meals, travel & parking_ Mileage $2,500/yr unless otherwise approved by Council (Adjusted annually in accordance with annual remuneration increase each year) Yes Boards/ Committees of Associations $165 daily plus accommodation (as required) and mileage 22 Mileage - $.50/km Adelaide Metcalfe $12,239 $9,399 $8,026 - - - $150/day (plus accommodations, registration, travel) Included in Salary All 22 2 Committees Mileage $.50/km Township of Zorra $24,141.08 $14,467.66 - - - Reimbursed for meals full day $40.00 Or Breakfast $8.75, Lunch $11.25, Dinner $20.00 No – included in salary Council & Committee 20-24 1-2/month 130 Municipality Population Tax Base Benefits Tax Break Mayor Deputy Mayor Councillor Town of Bracebridge 16,010 $37,705.20 $25,480.55 $19,897.77 $13,956,855 $4000/yr until age 70 or termination yes Township of Guelph-Eramosa 12,854 $36,500.00 $18,950.00 $6,786,245 none yes County of Haliburton 18,062 $19,179.43 $10,412.38 $22.025 million none not addressed Town of Ingersoll 12,757 $29,241.12 $21,402.00 $13,660.00 $14,278,000 extended health coverage not addressed Municipality of Kincardine 11,389 $31,270.00 $22,664.00 $18,360.00 $16 million extended health coverage not addressed Loyalist Township 16,971 $38,224.00 $24,373.00 $19,654.00 Municipality of Mississippi Mills 13,163 $33,471.00 $17,093.00 $10,442,240 none not addressed Town of Petawawa 17,187 $40,697.76 $25,898.58 $22,198.79 $1,899,662,299 extended health coverage not addressed Municipality of West Nipissing 14,364 $28,987.22 $14,498.95 Town of Leamington 30,000 $37,300.92 $23,872.57 $19,396.47 $26.1 million members can enrol, pay 50% of monthly premium, OMERS is mandatory not addressed Town of Collingwood 21,793 Town of Port Hope 16,753 $48,400 $26,000 $20,000 Mayor receives benefits, councillors pay 1/3 benefit costs yes Town of Cobourg 19,440 $34,720 $21,851 $17,210 health/dental/vision/life insurance yes Town of Tillsonburg 15,870 $33,534.02 $12,710.62 $13,989,102 Full extended health coverage benefit - Annual Premium of $5,854.55 Mayor - $$2,377.96 Councillor - $64.22 to be added to wage - made whole Township of Norwich 10,721 $23,695 $20,767 $17,568 $7,931,025 none nothing Municipality of Thames Centre 14,650 $24,316.88 $17,888.16 $14,813.80 $9, 628, 593 medical and health care, member pays 50% pf premium, elective not addressed Municipality of Middlesex Centre 17,262 $26,468.97 $19,851.33 $16,542.91 $16, 476, 117 offered but not mandatory Upper Tier is looking into this Central Elgin 12,607 $19,392.24 $12,782.76 $9,845.64 Remuneration 131 132 About AMCTO: For more information about this submission, contact: Contact us: 133 134 135 136 137 138 Chart 1: Sources of Municipal Revenue, 2001 - 2016 139 140 Chart 2: Trust in Government, OECD Countries 2007 - 2016 141 142 143 144 Full-time versus Part-time Councils 145 146 Paid versus Volunteer Councils 147 148 149 150 151 Levels of Pay 152 Less than 4,999 5,000 – 9,999 10,000 – 24,999 25,000 – 49,999 50,000 – 99.999 100,000 – 249,000 More than 250,000 153 154 Population Differences 155 Regional Differences 156 157 Other Benefits 158 159 Reviewing Compensation 160 161 162 163 164 165 166 167 168 169 170 Report Title Community Improvement Plan Application – 10 Clearview Dr Report No. DCS 18-26 Author Cephas Panschow Meeting Type Council Meeting Council Date JUNE 25, 2018 Attachments CIP Application Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 18-26 Community Improvement Plan Application – 10 Clearview Dr; AND THAT the 10 Clearview Drive property be approved for the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: • Years 1 to 6 - 100% rebate of the incremental tax increase • Year 7 - 80% rebate • Year 8 - 60% rebate • Year 9 - 40% rebate • Year 10 - 20% rebate • with full property taxes being payable in 2029; and, • a 50% rebate of the building permit fees. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to provide property tax and building permit fee rebates to the owners of the 10 Clearview Drive property. The owners plan to invest significantly to convert an existing heavy industrial building into a state of the art, federally certified food processing facility. 171 Page 2 / 4 BACKGROUND The Town has received a Community Improvement Plan (CIP) application from the owners of the 10 Clearview Drive property who are investing significantly to: • Re-design building for new use • Install new water main and waste treatment • Upgrade electrical supply • Exterior renovations o Construct dairy receiving bay • Interior retrofit o Install interior walls and floors o Install electrical and plumbing services o Purchase additional processing equipment and tanks, lighting, dry storage, frozen storage, automated controls and instrumentation • o Information technology o Purchase and install an enterprise resource planning (ERP) system to assist with inventory and product traceability o Engage services of consultant to implement food safety program at new facility o Recertification by CFIA, OMAFRA, Kosher and Pro-Cert (organic certification) • The 10 Clearview Dr property is believed to have been constructed by the Burton Rubber company and used to manufacture rubber products. The building has been leased to a number of other companies over the years including most recently International Paper and Alliance One Tobacco. It is approximately 45,000 square feet in size. The property is now owned by E&E McLaughlin Ltd and they are in the process of converting the facility from a heavy industrial manufacturing plant to a Federally Certified food grade facility in order to accommodate the relocation of an ice cream production facility to the Town of Tillsonburg. Shaw’s Ice Cream has been producing premium ice cream for 70 years. The company was established by Carl Shaw and his family in 1948. In 1952, after some initial growth, the family built the existing facility on Sunset Drive, South of St. Thomas, Ontario. The Shaw family eventually sold the business in 1987 to the Becker Milk Company and in 1991 the business sold again to Silcorp. The McLaughlin Sisters (Kristine Hayes, Kelly Heleniak and Kim McCutcheon) purchased Shaw’s Ice Cream in 2001 and are the current owners. The three, young female entrepreneurs are enthusiastic about the potential to manage and grow Shaw’s dairy processing business while remaining committed to keeping the company in rural Ontario. Since taking over, they have successfully expanded the company by introducing a wider distribution area for Shaw’s wholesale customers and renovating their iconic Dairy Bar. Shaw’s Ice Cream also offers opportunities for start-up companies with niche products by way of product development and private label manufacturing. 172 Page 3 / 4 The company has a reputation for integrity and quality, using 100% Canadian cream and milk in all products produced in the facility. The management team is excited about the expansion project as the growth of the business will ensure that ice cream products continue to be produced in Southwestern Ontario. They have assembled a team of professionals to aid in the technical aspects of this project to ensure it aligns with our commitment to sustainable growth. The company has experienced significant growth over the past five years and has opportunities for continued expansion in terms of both overall volume and diversification. However, the current location cannot accommodate this growth and, in fact, requires significant capital investment to be able to sustain the existing business. Based on the growth the company is experiencing and the need to upgrade/expand their current facility, it was decided to relocate the ice cream production operations to the largely vacant 10 Clearview Dr facility in Tillsonburg. The new location will allow for an expansion, adoption of more energy and labour efficient equipment, higher volume throughput, increased refrigerated and dry storage, and a more worker friendly environment. They have entered into a lease agreement for the property and building and have engaged an engineer to begin the design phase. The external building is adequate but the interior requires complete retrofitting and processing set-up as it was not previously used for processing of any type. Water and electrical services will also have to be upgraded to handle the increased demand. The company employs eight full-time employees and 40 to 50 additional seasonal employees. Once this project is completed, the number of full-time employees will increase to 15. The current St. Thomas location will be retained and will continue to house the successful retail dairy bar and office space. The application has requested the following investment support: Program Analysis Permit Fee Grant Back Recommended for approval Tax Increment Equivalent Grant Back Program Recommended for approval In reviewing this application, staff believe that it falls in the “Strategic Level” category of the program for the following reasons: • It meets the primary intent of the Town’s Community Improvement Plan, which is: o “…to promote and encourage renewal, redevelopment and rehabilitation within the key areas of the Town requiring investment” • Incorporates environmental sustainability features and technology that results in energy conservation and reduced environmental impact; • Supports growth in key economic sectors for the Town, E.g. Automotive, High Tech Manufacturing, Agrifood/Food Processing, Energy, etc 173 Page 4 / 4 The Food Processing sector is a key sector for the Town of Tillsonburg in terms of diversifying and growing our local economy and supporting this investment will support the relocation of a food processing business and employment to the Town and contribute to a growing cluster of food companies in the Town. If approved, the property owner will be eligible for a 100% rebate of the increased taxes for the first six years with the rebate decreasing by 20% per year until full taxes are payable in year 11. The base value for the property will be the 2018 assessment of $1,161,000. CONSULTATION/COMMUNICATION The application has been submitted by an existing property owner in the community. The new Community Improvement Plan was developed through extensive consultation and input from the Development Committee and the community. FINANCIAL IMPACT/FUNDING SOURCE To date, Council has approved the following Community Improvement Plan applications in 2018: Address Permit Fee (Estimated) Rebate (Estimated) Anticipated Budget Impact 20 Vance Dr $16,500 $8,250 2018 253 Broadway $54,000 $27,000 2019 The approved 2018 Economic Development & Marketing Budget included $20,000 in funding for the Community Improvement Plan. Based on the approved applications and estimated year of the rebate, there is approximately $11,750 remaining in the 2018 budget. If Council approves the recommendation for a 50% rebate of the building permit fees, the rebate is estimated to be $7,000, which means that there will be remaining funds of $4,750 in the 2018 budget. COMMUNITY STRATEGIC PLAN Theme 2.1 of the Community Strategic Plan identifies the need to Support new and existing businesses and provide a variety of employment opportunities. The new Community Improvement Plan was approved by Council in 2017 with the intent to support key investments in the community and approving this application will support Tillsonburg’s growing Food Processing sector and result in the relocation of 8 full time jobs and the creation of 7 full time jobs as well as part time jobs. 174 175 176 178 179 180 181 Report Title Community Improvement Plan Application – 83 Rolph St Report No. DCS 18-27 Author Cephas Panschow Meeting Type Council Meeting Council Date JUNE 25, 2018 Attachments CIP Application Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 18-27 Community Improvement Plan Application – 83 Rolph St; AND THAT the 83 Rolph St property be approved for the Accessibility Renovation Grant, the Tax Increment Grant Back Program and the Permit Fee Grant Back Program of the Community Improvement Plan, related to enhancements of the property, at the Strategic Level, which offers the following growth related rebates: • Years 1 to 6 - 100% rebate of the incremental tax increase • Year 7 - 80% rebate • Year 8 - 60% rebate • Year 9 - 40% rebate • Year 10 - 20% rebate • with full property taxes being payable in 2029; and, • a 50% rebate of the building permit fees. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to provide property tax and building permit fee rebates to the owners of the 83 Rolph St property. The new owners plan to invest significantly to convert the former elementary school building into a new residential apartment building with 43 units. 182 Page 2 / 4 BACKGROUND The Town has received a Community Improvement Plan (CIP) application from the owners of the 83 Rolph St property who are investing an estimated $3.5 Million to: • Convert 4 floors of former school space into 43 rental units; • Create an outdoor amenity area; • Create an outdoor recreation/BBQ area; • Create an private pet park; and, • Create a reading garden. The developer will be making the building accessible and adding the following items, which are in excess of accessibility standards: • An additional ramp and accessible entrance; • Elevator • Seven of the units will be fully accessible units; and, • the outdoor amenity area will also be accessible. The building will also be made more energy efficient in the following manner: • Upgraded insulation; • Installation of LED lighting, a high efficiency boiler system; • Installation of one central Chiller; • One central hot water system which will reduce emissions and increases efficiencies, etc. The developer also chose to design the apartments within the current walls, which will result in a lot less waste being generated. The project is scheduled to start in summer 2018 and be completed by December 2019. The application has requested the following investment support: Program Analysis Accessibility Renovation Grant Recommended for approval Legal and Registration Grant Not Recommended for approval as this grant is intended for properties that receive a façade grant Permit Fee Grant Back Recommended for approval Tax Increment Equivalent Grant Back Program Recommended for approval 183 Page 3 / 4 In reviewing this application, staff believe that it falls in the “Strategic Level” category of the program for the following reasons: • Meets the primary intent of the Town’s Community Improvement Plan, which is: o “…to promote and encourage renewal, redevelopment and rehabilitation within the key areas of the Town requiring investment” • Will result in an increase in the number of people living in the downtown as well as provide another unique living opportunity within the Town. Attracting new residents to the Town, and especially, new residents to the Downtown will help strengthen the overall community and contribute to the vitality of the downtown. If approved, the property owner will be eligible for a 100% rebate of the increased taxes for the first six years with the rebate decreasing by 20% per year until full taxes are payable in year 11. The base value for the property will be the 2018 assessment of $ 400,290. CONSULTATION/COMMUNICATION The application has been submitted by an existing property owner in the community. The new Community Improvement Plan was developed through extensive consultation and input from the Development Committee and the community. FINANCIAL IMPACT/FUNDING SOURCE To date, Council has approved the following Community Improvement Plan applications in 2018: Address Permit Fee (Estimated) Rebate (Estimated) Anticipated Budget Impact 20 Vance Dr $16,500 $8,250 2018 253 Broadway $54,000 $27,000 2019 10 Clearview Dr (being considered on June 25, 2018) $23,000 $7,000 2018 The approved 2018 Economic Development & Marketing Budget included $20,000 in funding for the Community Improvement Plan. Based on the approved applications and estimated year of the rebate, there is approximately $4,750 remaining in the 2018 budget. 184 Page 4 / 4 The building permit fee for this project is estimated to be approximately $39,000 and a 50% rebate could result in a rebate of $19,500 plus $3,000 for accessibility improvements for a total of $22,500. If Council approves the recommendation for a 50% rebate of the building permit fees plus $3,000 towards accessibility improvements, additional funding for the program may be required. However, it should be noted that the rebate is issued when the work is complete so this will either be an impact in 2019 or 2020 and will be included in the development of future budgets. COMMUNITY STRATEGIC PLAN Theme 3.1 of the Community Strategic Plan identifies the goal of making Tillsonburg an attractive place to live for youth and young professionals (and also retirees) as downtowns are increasingly attractive for these demographics as they provide ease of access to services and amenities. This development will also provide an opportunity for families of all ages to thrive (Theme 3.2 of the CSP). Further, higher density residential supports the Economic Development Strategy item to encourage higher density development in the Downtown core. 185 186 187 188 189 190 191 192 Report Title Ground Lease Agreement History Report No. FIN 18-18 Author DAVE RUSHTON Meeting Type Council Meeting Council Date JUNE 25, 2018 Attachments Early History of the Tillsonburg Town Centre Page 1 / 2 Ground Lease Agreement History RECOMMENDATION THAT FIN18-18 Ground Lease Agreement History be received as information. EXECUTIVE SUMMARY At its meeting of March 26, 2018, Council requested clarification on the history of the ground lease. Also in this meeting, the Town entered into a revised lease agreement with SBLP Tillsonburg Town Centre Inc., the current tenant to the July 31, 1979 Ground Lease agreement. BACKGROUND The early history of the Mall is documented in a press release prepared in 1994 at the time of the expansion to include Zellers (now Walmart) area. The first lease was with Trottier who built the mall and owned the IGA store. This lease was signed in 1979. Trottier paid $60,000 per year from 1980 through to 1989. These funds were for the lease of the lands under the mall which is owned by the Town. Sifton partnered with Trottier in 1980 and eventually took over ownership in 1989. In 1990 there was an additional charge added for $81,600 for a total of $141,600 until the end of 2014. In November 1994, Sifton sold their interest to Centrefund (later to be known as First Capital). In November 1999, there was an increase in the lease by $20,000, from $60,000 to $80,000 prior to the development of the Canadian Tire properties. Today the Town still collects $80,000 per year through several ownership changes of the mall to a variety of property developers. The ground lease expires in 2039. 193 Page 2 / 2 Ground Lease Agreement History FINANCIAL IMPACT/FUNDING SOURCE The Town receives $80,000 per year of revenue under the Ground Lease for the lands under the Mall and Canadian Tire. COMMUNITY STRATEGIC PLAN The original Ground Lease supported the vision of the Community Strategic Plan by providing diverse retail services in the downtown core. 194 Report Title 2017 Surplus Allocation Report No. FIN 18-19 Author SHEENA HINKLEY, CPA, CGA Meeting Type Council Meeting Council Date JUNE 25, 2018 Attachments None Page 1 / 2 2018 Surplus Allocation RECOMMENDATION THAT Council receives report FIN18-19 2017 Surplus Allocation as information. AND THAT Council approve the allocation of the 2017 surplus of $239,598 be contributed to specific reserves; Fleet & Equipment $235,000; and the balance to Tax Rate Stabilization $4,598. EXECUTIVE SUMMARY To allocate the 2017 surplus to specific reserve accounts. BACKGROUND Staff is requesting Council to approve allocating $235,000 of this surplus to Fleet as the 2018 budget had approved Fleet capital spending for the purchase of a new aerial fire truck. The balance of the surplus funds will go into the Tax Rate Stabilization Reserve for the future. This allocation follows the policy as outlined in the 2017 report FIN 17-16 Annual Surplus/Deficit Allocation Policy. FINANCIAL IMPACT/FUNDING SOURCE The 2017 surplus previously reported to Council at the meeting of March 26, 2018 was $264,232. During the year end process, the following financial adjustments were made to record expenses to the proper fiscal year which resulted in an updated 2017 final audited surplus of $239,598: 2017 Previously stated surplus $264,232 Cemetery utility vehicle purchase 8,040 195 Page 2 / 2 CAO 2017 Expenses paid in 2018 16,594 2017 Revised surplus $239,598 COMMUNITY STRATEGIC PLAN (CSP) IMPACT Excellence in Governance 1.3 Demonstrate accountability – Having and responsibly utilizing a surplus demonstrates accountability. 196 Report Title 2017 Financial Statement Reconciliation Report No. FIN 18-20 Author SHEENA HINKLEY, CPA, CGA Meeting Type Council Meeting Council Date JUNE 25, 2018 Attachments None Page 1 / 1 FIN 18-20 Financial Statement Reconciliation RECOMMENDATION THAT Council receive report FIN 18-20 2017 Financial Statement Reconciliation as information. BACKGROUND The surplus as indicated on the financial statements differs from that as presented by the municipality due to Public Sector Accounting Standards (PSAB) financial presentation requirements which require reclassifying certain items for presentation purposes only. FINANCIAL IMPACT/FUNDING SOURCE The 2017 financial statements show a surplus of $2,503,078 while the Town’s operating surplus is $239,598. These two figures reconcile as follows: Financial Statement Surplus $ 2,503,078 BIA excess revenue over expenses (26,967) Amortization 2,515,407 Capital expenses (4,617,091) Debt principal payments (958,002) Net of contribution from reserves (752,407) Equity acquired in Tillsonburg Hydro Inc. (510,198) Loss on disposal of Tangible Capital Assets 560,298 Debt proceeds 1,456,300 Sale of assets 69,180 Operating Surplus $ 239,598 197 Report Title Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation Report No. OPS 18-17 Author Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type Council Meeting Council Date June 25, 2018 Attachments • None Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 18-17, Results for Tender RFT 2018-010 North Broadway Asphalt Rehabilitation; AND THAT Council award Tender RFT 2018-010 to Permanent Paving Ltd. of Woodstock, ON at a cost of $1,014,849.97 (net HST included), the lowest bid received satisfying all Tender requirements. SUMMARY Tenders were called for the North Broadway Asphalt Rehabilitation project with fifteen (15) plan takers and a total of four (4) bids received on June 13, 2018 with the lowest bid from Permanent Paving Ltd. Woodstock, Ontario at a cost of $1,014,849.97 (net HST included). The scope of this project includes full depth asphalt rehabilitation with areas of granular base improvements and curb & gutter spot repairs. The tender was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Results of the tender are summarized below: Bidder Location Bid Amount 1. Permanent Paving Ltd. Woodstock, ON $ 1,014,849.97 2. Steed and Evans Limited St. Jacobs, ON $ 1,134,624.00 3. Coco Paving Inc. London, ON $ 1,193,644.80 4. Dufferin Construction Company London, ON $ 1,249,787.32 The above bids include net HST of 1.76%. The bids also include a $15,000 Geotechnical Allowance for material testing and a $50,000 Contingency Allowance for unforeseen expenses encountered during construction. It should be noted that the actual price of asphalt cement from the time the tender is closed to the time asphalt is actually placed is subject to an Asphalt Cement (AC) adjustment factor that is set monthly by the MTO. 198 Page 2 / 2 CONSULTATION/COMMUNICATION Given the project location and magnitude of work traffic delays can be expected, however no full road closure is anticipated and at a minimum one lane of alternating traffic will be maintained during the course of construction. FINANCIAL IMPACT/FUNDING SOURCE The combined project capital budget of $1,084,000 is comprised of $975,564 Connecting Link Grant funding, $92,936 from the Linear Infrastructure Reserve, $6,500 from DC Reserves and $9,000 from Taxation. COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. 199 Report Title Green Energy Act Reporting 2018 Report No. RCP 18-24 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date June 25, 2018 Attachments • Energy consumption spreadsheet Page 1 / 2 RCP 18-24 - Green Energy Act Reporting 2 RECOMMENDATION THAT Council receives Report RCP 18-24 - Green Energy Act Reporting 2018 for information; AND THAT Council approves the Energy Consumption and GHG Emissions report for 2018. EXECUTIVE SUMMARY Bill397/11 Green Energy Act requires that municipalities must report natural gas and hydro consumption for all facilities where the municipality pays the utility bills. By July 1, 2018, municipalities must report 2016 consumption. BACKGROUND Regulation 397/11 of the Green Energy Act (2009) requires public agencies including municipalities to prepare, publish, make available and implement energy conservation and demand management plans. In addition, there is an annual July 1 deadline by which municipalities must publish on their website certain prescribed energy consumption information. This year the requirement is for publishing consumption data from 2016. Town staff has compiled and submitted all of the necessary data facility energy use for 2016 and are using software provided by AMO/LAS to manage the reporting. The next target deadline is July 1, 2019 at which time 2017 consumption data and an updated 5-year Conservation Demand Management Plan must be published. Below is a chart of the totals reported since the Act came into force: Cost ($)Energy (ekWh/yr)GHG Emissions (kg CO2e/yr)# of Degree Days 2011 534,415$ 7,957,000 1,138,498 4503 2012 530,046$ 7,973,666 1,117,243 3525 2013 607,987$ 8,412,940 1,208,845 3898 2014 603,269$ 8,303,497 1,139,579 4151 2015 636,966$ 8,175,368 997,289 3961 2016 675,072$ 7,814,331 921,105 3598 200 Page 2 / 2 RCP 18-24 - Green Energy Act Reporting 2 CONSULTATION/COMMUNICATION N/A FINANCIAL IMPACT/FUNDING SOURCE There is no cost to the Town as a direct result of this report. Continuing implementation of the Town’s Energy Management Plan will result in significant cost avoidance if not in actual cost reductions. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report supports the following CSP priorities: 1.1 Demonstrate excellence in local government initiatives 1.3 Demonstrate accountability 4.3 Improve mobility and promote environmentally sustainable living 201 Energy Consumption and GHG Emmissions From: 2016-01-01 To: 2016-12-31 Facility Name Address Total Area (m2) Average Hours/Day Fuel Types Consumption Cost ($) Energy (ekWh/yr) GHG Emissions (kg CO2e/yr) GHG Intensity (kg CO2e/m2)Energy Intensity Facility Primary Type: Office Tillsonburg Cemetery 191 Simcoe Stree 200 6.43 NG 4608.00 m3 $1,444.01 48972.8 8712.01 43.56 244.86 (ekWh/m2) Elect.21129.00 kWh $4,216.16 21129 751.09 3.76 105.64 (ekWh/m2) Corporate Office 200 Broadway 500 5.71 NG 1719.00 m3 $751.57 18269.15 3249.99 6.5 36.54 (ekWh/m2) Elect.32855.00 kWh $7,511.81 32855 1167.93 2.34 65.71 (ekWh/m2) Facility Type Total $13,923.55 121225.95 13881.02 Facility Primary Type: Museum Museum 28 Tillson Ave 1090 6.28 NG 14165.00 m3 $4,122.52 150542.46 26780.73 24.57 138.11 (ekWh/m2) Elect.114696.00 kWh $20.00 114696 4077.21 3.74 105.23 (ekWh/m2) Facility Type Total $4,142.52 265238.46 30857.94 Facility Primary Type: Fire Fire Hall 80 Concession St 670 24 NG 22369.00 m3 $6,434.93 237732.74 42291.44 63.12 354.82 (ekWh/m2) Elect.75127.00 kWh $13,668.80 75127 2670.61 3.99 112.13 (ekWh/m2) Facility Type Total $20,103.73 312859.74 44962.05 Facility Primary Type: Police Police Station 90 Concession St 1250 24 NG 22787.00 m3 $6,452.77 242175.15 43081.72 34.47 193.74 (ekWh/m2) Elect.205916.00 kWh $37,062.84 205916 7319.9 5.86 164.73 (ekWh/m2) Facility Type Total $43,515.61 448091.15 50401.62 Facility Primary Type: Recreation Complex Tillsonburg Community Centre 45 Hardy Avenue 14000 23.93 NG 304841.00 m3 $84,512.41 3239782.17 576340.63 41.17 231.41 (ekWh/m2) Elect.2626085.00 kWh $452,379.70 2626085 93352.07 6.67 187.58 (ekWh/m2) Facility Type Total $536,892.11 5865867.17 669692.69 Facility Primary Type: Public Works Public Works 20 Spruce Street 1600 6.43 NG 24516.00 m3 $6,817.76 260550.58 46350.61 28.97 162.84 (ekWh/m2) Elect.114324.00 kWh $20,597.01 114324 4063.99 2.54 71.45 (ekWh/m2) Customer Service Centre 10 Lisgar Ave 1895 6.41 NG 26750.00 m3 $7,542.22 284293.03 50574.27 26.69 150.02 (ekWh/m2) Elect.198517.60 kWh $35,564.37 21129 751.09 0.4 11.15 (ekWh/m2) Facility Type Total $39,173.15 680296.62 101739.97 Facility Primary Type: Other Lake Lisgar Waterpark 8 Ross 200 7 NG 3488.00 m3 $1,222.30 37069.69 6594.51 32.97 185.35 (ekWh/m2) Elect.68201.00 kWh $12,958.75 68201 2424.41 12.12 341.00 (ekWh/m2) Summer Place 8 Ross 150 5.71 Elect.15481.00 kWh $3,140.67 15481 550.32 3.67 103.21 (ekWh/m2) Facility Type Total $17,321.72 120751.69 9569.23 Grand Total $675,072.39 7814330.77 921104.53 202 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Mary Lou Sergeant, Dianne MacKeigan, MEMBERS ABSENT/REGRETS / Chris Rosehart, Jami Stephenson 1. Call to Order The meeting was called to order at 4:40 pm 2. Adoption of Agenda Moved By- Marianne Sandham Seconded By- Mary Lou Sergeant Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of May 31, 2018, be adopted circulated Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of April 26, 2018 Moved By: Mary Lou Sergeant Seconded By: Marianne Sandham Proposed Resolution #_2 THAT the Minutes of the Museum Advisory Committee Meeting of April 26, 2018 be approved. Carried 5. Delegations and Presentations-none The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, May 31, 2018 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES 203 6. General Business & Reports 6.1. Financial- $117,412.45 in the account 6.2. Tour Guides- guides being lined up for Turtlefest and Canada Day 6.3. Curator’s Report- The Curator’s report was circulated and included the following highlights: 1. April numbers were up over last year. 2. Wonderful World of Wool show has been well received and the group has agreed to host a workshop at the museum on Saturday, September 29. Cost will be $45.00 with $15.00 coming to the museum. 3. Next exhibit- A Few of our Favourite Things- will open June 29 with a wine and cheese party planned. 4. Lunch and Learn series is over for this year and was well received. 5. Summer student positions are filled. Ansu Anil will be working with Jen on various collections related projects. 6. Evening hours in May are now over. Not well-received. 7. Nothing new to report in repairs for porches, eaves and soffits. Difficulty in finding contractors to deal with the height of the house. 8. Plans are underway for both Turtlefest and Canada Day celebrations. 9. Jason Pankratz has resigned as the museum CSR. The position has been posted and closed May 26. 10. CMOG application has been received with the deadline of July 2. 11. A commemorative quilt by the Station House Quilters and Fibre Artists will be raffled off. Tickets go on sale shortly and the draw will be made at the pie social in October. 12. Historic post cards have been ordered and should arrive soon. RFP is going out to area suppliers for souvenir bags, mugs and key chains. 13. The museum has been approached for possible use of the house as a movie location. Move By: Patty Phelps Seconded By: Mary Lou Sergeant Proposed Resolution # 3 THAT the reports be adopted as circulated. Carried 204 7. Correspondence- none 8. Other Business 1. Summer students- covered in the curator’s report. 2. Porch repairs- covered in the curator’s report 3. Souvenir orders were covered in curator’s report. 9. Closed Session 10. Next meeting- Thursday June 28, 2018 11. Adjournment Moved by Marianne Sandham Proposed Resolution #4 THAT the museum advisory committee meeting be adjourned at 5:10 pm 205 206 = ATTENDANCE MEMBERS PRESENT: Ken Butcher, Reg Butcher, Paul DeCloet, Penny Esseltine, Corey Hill, Robert Marsden, Christine Nagy, Laura Pickersgill, Sue Saelens, Marian Smith, Paul Wareing MEMBERS ABSENT/REGRETS: Charles Baldwin, Maurice Verhoeve 1. Call to Order The meeting was called to order at 9:00 a.m. 2. Adoption of Agenda Moved By: C. Nagy Seconded By: R. Marsden Proposed Resolution #1_ THAT the Agenda for the Heritage, Beautification & Cemetery Advisory Committee meeting of June 8, 2018 be adopted with additions. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof: None 4. Adoption of Minutes of Previous Meeting Moved By: R. Marsden Seconded By: S. Saelens Proposed Resolution #2 THAT the minutes for the May 8, 2018 meeting be approved. Carried. 5. Delegations and Presentations – None 6. General Business & Reports 6.1 Report from Tillsonburg Horticultural Society (THS) – on May 15, THS had another successful auction with final numbers closely matching last year which was a record year. Ninety businesses donated plus all the member donations. Commercial Beautification program is down by 2/3 – need to entice more businesses next year. Urns this year are especially attractive. Bert Newman Parkette is new this year. Garden Tour is July 7 with 8 locations including Garden Gate who are offering a 15% discount to ticket holders. P. DeCloet comments that THS is a valuable asset to the Town. Moved By: P. DeCloet Seconded by: S. Saelens Proposed Resolution #3 THAT the Heritage, Beautification & Cemetery Advisory Committee accept the report as submitted. Carried 7. Correspondence – e-mail from Township of Rideau Lake clerk advising of insurance coverage issues for heritage designated buildings. 8. Other Business The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE June 7, 2018 9:00 a.m. Corporate Annex 200 Broadway MINUTES 207 8.1 Heritage Designations for church windows – both churches responded with a “no”. 8.2 Century Home plaques – Laura distributed draft policy statement covering the plaques and briefly reviewed the contents. Any feedback should be directed to Laura before the policy is presented to Council for approval. Moved By: P. Esseltine Seconded by: S. Saelens Proposed Resolution #4 THAT the Town move forward with the Century Home plaques and that the draft policy be presented to Council for approval. Carried 8.3 Keep Tillsonburg Beautiful – attendance numbers were significantly lower this year with about 25- 30 people (many specific to the dog park). Need a more active membership on the sub-committee to do the work. Will be a task of the new committee. 8.4 Scattering Gardens update – Corey reported still working with the landscape architect. Aged trees need to be removed first. Final design to be approved by this committee. 8.5 Girl Guide tree plant will be June 16 with 42 cedars being planted at Annandale Baseball Diamonds. 8.6 New Committee format – suggested formats may be Beautification, Cemetery and Parks Committee and Heritage would go to the Cultural & Heritage Committee. 9. Next Meeting The next meeting of the Heritage, Beautification & Cemetery Advisory Committee will be on September 6, 2018 at 9:00 a.m. in the Annex Meeting Room, 200 Broadway (unless a meeting is called by the Chairman).  C. Nagy suggested that meeting over the summer might be of value to discuss current projects being worked on in the summer. This would be decided by the new formed committee for next year. 10. Adjournment Moved By: C. Nagy Proposed Resolution #5 THAT the Meeting of Heritage, Beautification & Cemetery Advisory Committee on June 7, 2018 be adjourned at 9:50 a.m. Carried. 208 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4204 BEING A BY-LAW to adopt the Century Plaque Program Policy WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies and such policies will be adopted to ensure that it is accountable to the public for its actions, and shall be the manner in which the municipality will try to ensure that its actions are transparent to the public. WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Century Plaque Program Policy. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Century Plaque Program Policy attached hereto as “Schedule A” is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 25th DAY OF JUNE, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF JUNE, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson 209 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4206 A BY-LAW to Adopt the Council/Local Board Expense Policy for Members of the Council of the Corporation of the Town of Tillsonburg and Local Board Members for the 2019 – 2022 Term of Office. WHEREAS pursuant to section 283. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25, a municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board; WHEREAS subsection 283(2) of the Municipal Act, 2001, (the “Act”) provides: Despite any Act, a municipality may only pay the expenses of the members of its council or of a local board of the municipality and of the officers and employees of the municipality or local board if the expenses are of those persons in their capacity as members, officers or employees and if, (a) the expenses are actually incurred; or (b) the expenses are, in lieu of the expenses actually incurred, or a reasonable estimate, in the opinion of the council or local board, of the actual expenses that would be incurred. WHEREAS subsection 283(4) of the Act provides that no part of the remuneration of a member of a council or local board paid under Section 283 of the Act is deemed to be for expenses incidental to his or her duties as a member and a municipality or local board shall not provide that any part of the remuneration is for such deemed expenses; WHEREAS Section 284 of the Act requires the municipal treasurer provide to council a public report on the remuneration and expenses paid to each member of council in the previous year and such report shall identify the by-law under which the remuneration or expenses were authorized to be paid; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to adopt a policy to define the reimbursement of expenses of members of Council and Local Boards. NOW THEREFORE Council of the Corporation of the Town of Tillsonburg does enact as follows: 1. THAT the Council/Local Board Expense Policy for members of Council and Local Boards of the Municipality of the Town of Tillsonburg attached hereto as Schedule “A” becomes part of this by-law as if written herein; 2. THAT this policy shall become effective December 1, 2018. 3. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, and shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 25th DAY OF JUNE , 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF JUNE, 2018. __________________________________ Mayor – Stephen Molnar __________________________________ Town Clerk – Donna Wilson 210 THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL POLICY 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY APPROVAL DATE: REVISION DATE: Page 1 of 6 SCHEDULES Page 1 of 6 1. Policy Statement The Council/Local Board Expense Policy governs the reimbursement of expenses incurred by Members of Council and Members of Local Boards during activities related to the Business of the Town of Tillsonburg. Members Tillsonburg Town Council and Members of Local Boards will be provided with fair and reasonable expense reimbursement for performing the responsibilities and duties of their office. 2. Definitions “Council” means the council of the Town of Tillsonburg. "Local Board" shall mean one of the following boards and committees established by the Council:  Tillsonburg Police Services Board  Property Standards Appeal Committee "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg or Local Board. “Town” means The Corporation of the Town of Tillsonburg. 211 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 2 of 6 3. Purpose 3.1. The objective of this policy is to provide consistent rules and guidelines to Members with respect to Eligible Expenses incurred in performing their duties. 3.2. The policy provides specific and clear direction regarding diverse expenses, and clarifies what are Eligible Expenses and Ineligible Expenses. 3.3. The policy establishes the provision of public access to expense information of Members. 3.4. The policy captures the following principles: a) Maintain Integrity of Member i. The integrity of a Member as a whole and the offices of the Members must be protected; and ii. The interest of a Member as a whole takes precedence over the personal interest of individual Members. b) Maintain Accountability i. Members are the stewards of resources and are ultimately accountable to the public for the type and level of expenses they incur; ii. Since members use public funds when they perform their duties, the public expects public funds to be used solely for fulfillment of their public duties; iii. Members’ expenses should be reasonable and reflect what the public expects of members; and iv. Members’ personal expenses must be kept separate from expenses related to Town Business. c) Maintain Transparency i. The public has a right to know how public funds allocated to Members are spent; and ii. The public’s right to Members’ expense information must be balanced against the need to protect personal information, and the need to allow time for proper account and reconciliation of expenses. 4. Scope This policy applies to all Members and establishes the basis upon which the Members will be reimbursed or have payment coverage for Eligible Expenses 212 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 3 of 6 incurred while undertaking activities related to Town Business while acting in their role as a member. 5. Roles and Responsibilities 5.1 All expenses submitted for reimbursement must be accompanied by supporting documentation and itemized receipts, except for mileage. A purchase (P) card should be used whenever possible for eligible expenses. 5.2. Members may attend conferences, conventions, meetings and other events using allocated funds in the current budget for registration fees and Eligible Expenses. 5.3 Members attending conferences, conventions, meetings and other events shall be compensated a per diem allowance of $185.00/day and $90.00/1/2 day. The daily per diem allowance is to be calculated on a 24-hour basis and not on a working day basis. It shall be calculated from the time of leaving for the function until the time of arrival home, to the nearest 1/2 day. 5.4. Transportation a) Members shall make every attempt to use the most economical and efficient mode of transportation including: i. economy airfare, rail fare including taxi fares to and from terminals or parking where required, or ii. mileage rate for personal automobile usage and parking, or iii. rented automobile and actual fuel cost. b) Members shall make efforts to share travel costs when travelling to the same destination. c) If a more expensive means of transportation is chosen by a member, only the most economical equivalent charges will be allowed. For example, if a Member chooses to drive to a destination where it is more economical to use air transportation, only the equivalent air transportation charge will be permitted. d) Calculation of Mileage will be for out of town destinations at the rate of $.52 per kilometer. 213 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 4 of 6 5.5. Accommodation a) Where overnight accommodation is required, the single room rate will be paid and must be accompanied by appropriate receipts. 5.6. Meals Allowance a) Members may claim up to the daily maximum meal allowance when attending a conference, convention, or other event when an overnight stay is required and receipts are provided. Daily Maximum Reimbursement Rate Breakfast $20.00/day Lunch $25.00/day Dinner $50.00/day b) Where meals are included in registration fees, the allowance is not applicable. c) All expenditures must be reasonable in the circumstances based on the explanation provided by the Member which must accompany the receipt. d) Members may be reimbursed for meal expenses incurred during the course of Town Business and shall include the following: i. Meals while travelling on behalf of the Town of Tillsonburg; or, ii. Meals required where circumstances warrant. 5.7 Monetary exchange costs will be allowed at the prevailing rates in order to convert Canadian dollars to other currencies (primarily to U.S. dollars). Payment will be made to Members in Canadian dollars. 5.8. Eligible Expenses The following is a list, though not exhaustive, of Eligible Expenses: a) Promotional material related to Town Business b) Subscriptions related to Town Business or the municipalities in general c) A maximum of one ticket for a Member when representing the Town at an event of a public nature (e.g. community dinners, events with proceeds going to charity, etc.). d) Parking related expenses save and except parking fines. 214 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 5 of 6 5.9 The following is a list, though not exhaustive, of Ineligible Expenses a) Additional accommodation for days outside a formal Conference. b) Alcohol and alcoholic beverages. c) Mobile devices other than the Town provided device for Mayor and Acting Deputy Mayor. d) Land Lines for personal residence. e) Companion registration fees and expenses at Conferences. f) Personal entertainment (e.g. sight-seeing, concerts, sporting events, etc.) g) Personal services (e.g. shoe shine, valet service, spa treatments, etc.) h) Personal vehicle costs beyond mileage (e.g. maintenance, repair, etc.) i) Traffic and parking fines 5.10 Legal Expenses a) Legal costs arising from or in any way related to complaints under the Code of Conduct are Eligible Expenses. b) Legal costs related to personal conflict of interest opinions are Ineligible Expenses. c) Costs involving certain legal proceedings against Members shall be reimbursed in accordance with the current indemnification policy and are subject to review by the Chief Administrative Officer for recommendation to Council. d) Requests for reimbursement of legal costs outside this policy or the indemnification policy shall be submitted to the Chief Administrative Officer for recommendation to Council. 5.11 Timelines a) Members shall submit expense reports with itemized receipts attached within 30 days after the each event; and b) Expense report information will be provided through a finance report each year prior to March 1st. 5.12 Members of Council Shall 215 2-008 COUNCIL/LOCAL BOARD EXPENSE POLICY Page 6 of 6 a) Adhere to this policy; b) Submit expenses on a regular monthly timeline; c) Sign-off on all expenses submitted to or paid by the Town; d) Meet all financial, legal and tax obligations; and, e) Consult with Town Administrative staff for guidance with respect to the eligibility of an expense and/or any interpretation on the application of this policy. 5.13 Town Administrative Staff Shall a) Ensure consistent application of this policy; b) Process expenses in accordance with this policy; c) Ensure the supporting documentation is in place and that expenditures conform to this policy; d) Advise Members if any submitted or proposed expenditure is an Ineligible Expense or a breach of this policy; e) Track actual expenses against approved budget; and f) Each year, incorporate budget dollars in the annual budget for Council to consider for funding or reimbursing Members’ Eligible Expenses g) Complete the yearly Councillor Remuneration Report as required by the Municipal Act. 6. Policy Administration & Review This policy shall be administered by the Director of Finance or his/her designate. This policy shall be reviewed at least once during the four year term of Council to coincide with the review of Council remuneration or as required based on revisions to Corporate practices or Provincial legislation. 216 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4207 A BY-LAW to Establish the Rate of Remuneration for Members of the Council of the Corporation of the Town of Tillsonburg for the 2018 – 2022 term of Council and to Repeal By-Law 3932. WHEREAS pursuant to section 282. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25, subject to the Health Insurance Act, a municipality may provide, only through contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act, (a) group life insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; (b) group accident insurance or group sickness insurance for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; and (c) hospital, medical, surgical, nursing or dental services or payments for those services for members of council or any local board of the municipality, employees or former employees of the municipality or any local board of the municipality or any class of them and their spouses and children; AND WHEREAS pursuant to section 283. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25, a municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board; AND WHEREAS pursuant to section 283. (4) of the Municipal Act, 2001 S.O. 2001, chapter 25, no part of the remuneration of a member of a council or local board paid under this section is deemed to be for expenses incidental to his or her duties as a member and a municipality or local board shall not provide that any part of the remuneration is for such deemed expenses; AND WHEREAS pursuant to section 283. (7) of the Municipal Act, 2001 S.O. 2001, chapter 25, on or after December 1, 2003, a council shall review a by-law under subsection (5) at a public meeting at least once during the four-year period corresponding to the term of office of its members after a regular election; AND WHEREAS a review of Council remuneration has been conducted in 2018 for the upcoming 2018-2022 Council term; AND WHEREAS Council deems it necessary and desirable to repeal By-Law 3932 passed by Council in relation to Council remuneration and expenses for the 2014 – 2018 term of Council and establish a new by-law as of December 1, 2018; AND WHEREAS Council recognizes that compensation should be tied mostly to Council member performance and that performance means attendance at meetings and events; NOW THEREFORE Council of the Corporation of the Town of Tillsonburg does enact as follows: 1. Council Remuneration That remuneration paid to Members of Council of the Town of Tillsonburg shall include the following, subject to the provisions contained within this By-law: a) Annual Remuneration paid to members of Council; b) Benefit Coverage including Life Insurance, Accidental Death & Dismemberment and optional Extended Health and/or Dental; 217 2. Annual Remuneration 2.1 That Annual Remuneration paid to Members of Council shall be as follows: Mayor $38,200.00 Councillor $17,700.00 2.2 That the Annual Remuneration paid to Members of Council in Section 2.1 shall be increased each year for cost of living based on the percentage increase for employees commencing in the year 2020. 2.3 That the Annual Remuneration paid to Members of Council shall be paid in equal bi-weekly instalments by way of direct deposit through the Town’s payroll system. 2.4 That no Member of Council shall be entitled to any form of severance pay upon ceasing to be a Member of Council prior to the completion of their elected term. 2.5 That the Annual Remuneration shall be deemed to include attendance at all Regular and Special Council, Advisory Committee, Ad Hoc Committee and Local Board meetings, except where an additional stipend is provided for such attendance, and conducted in accordance with the Town or Local Boards Procedural By-law as well as the attendance of Members of Council at meetings of Committees and Working Groups as a representative of Council. 2.6 That the Annual Remuneration shall further be deemed to include all voluntary attendance at any Town, Local Board or other meetings for which a Member of Council has not been appointed and for attendance at all Town, Local Board or other events. 3. Benefit Coverage 3.1 That all Members of Council shall be entitled to enrolment in the following group benefit plans: a) Canada Pension Plan (CPP), in accordance with the Federal legislation and regulations thereof, with the Town and the Member contributing equally to the cost of the premiums; b) Employer Health Tax (EHT), in accordance with the Provincial legislation and regulations thereof, with the Town contributing one hundred percent (100%) to the cost of the premiums; c) Life Insurance, in accordance with the contract thereof as Council may approve from time to time, with the Town contributing one hundred percent (100%) of the cost of the premiums; d) Accidental Death and Dismemberment (AD&D), in accordance with the contract thereof as Council may approve from time to time, with the Town contributing one hundred percent (100%) of the cost of the premiums; e) Dental and Extended Health coverage for Council, in accordance with the contract thereof as Council may approve from time to time, with the Town contributing one hundred percent (100%) of the cost of the premiums; 4. Expenses 4.1 That Members of Council, shall be issued a computer/tablet for use of Town business. The laptop computer/tablet and related equipment shall remain 218 property of the Town and shall be returned upon completion of the elected term, or upon request of the Town. 4.2 That any and all additional equipment provided by the Town to Members of Council during the Council term shall remain property of the Town and shall be returned upon completion of the elected term, or upon request of the Town. 4.3 That any and all claims/disbursements for expenses shall be in accordance with the Council/Local Board Expense Policy. 5. Review of Council Remuneration 5.1 That Council Remuneration shall be reviewed each Council term during the last 24 months of the term. 5.2 That the report and recommendations as a result of the review shall be presented to Council at a meeting open to the public. 5.3 That any changes as a result of the Council remuneration review shall take effect on the 1st day of the new Council term and shall remain in effect for the Council term. 6. THAT Council remunerations become effective December 1, 2018; 7. THAT By-Law 3480 is hereby repealed. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, and shall come into full force and effect on December 1, 2018. READ A FIRST AND SECOND TIME THIS 25th DAY OF JUNE , 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF JUNE, 2018 ___________________________________ Mayor – Stephen Molnar _________________________ Town Clerk – Donna Wilson 219 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4210 A BY-LAW to amend By-Law 4079, Being a By-law to provide for the administration and enforcement of the Building Code Act and with respect to the establishment and requirement of the payment of fees for information and services. WHERAS it is deemed necessary and expedient to amend By-Law 4079, Section 19.14, to allow for a two year period for the building code deposit to be forfeited to the Town rather than a one year period. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. THAT Section 19.14 be amended as follows: 19.14 A refundable security deposit will be paid to the Town to assure total completion of work required under the permit taken. The amount will be based on one (1) percent of the permit value to a maximum of one thousand dollars. The deposit will be held without interest until final inspection and the permit is closed. The deposit will be returned in full, less the required inspection fees if applicable. If an extension is not requested in writing and granted then the deposit will be forfeited at the end of a two year period after issuing the permit. 2. AND THAT this by-law shall come into force and effect upon final passing READ A FIRST AND SECOND TIME THIS 25th DAY OF June, 2018. READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF June, 2018. ________________________________ Mayor – Stephen Molnar _______________________________ Town Clerk – Donna Wilson 220 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4208 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 25th day of June, 2018 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on June 25, 2018, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 25th DAY OF JUNE, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF JUNE, 2018. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson 221