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181112 Council AGDThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, November 12, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider personal matters about an identifiable individual, including Town employees; (Union Negotiations) 2.1 Union Negotiations 3.Adoption of Agenda Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, November 12, 2018, be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council meeting of October 9, 2018, be approved. 7.Presentations 7.1 Volunteer Achievement Award, Sandi Pake Presented by: Mayor Molnar and Mary Anne Van Geertruyde 8.Public Meetings Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at _________pm. 8.1 Application for Minor Variance - A 18-18 - Tillsonburg Non-Profit Housing Corp., 43 Queen Street Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ That the Committee of Adjustment approve Application File A18-18, submitted by Tillsonburg Non-Profit House Corp. (Reid and Deleye Contractors Ltd.), for lands described as Lot 459, Part Lots 460-462, Plan 500, municipally known as 43 Queen Street in the Town of Tillsonburg, as it relates to: Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Aisle Width, to reduce the minimum required aisle width from 7.3 m (24 ft) to 5.8 m (19 ft), and 1. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Minimum Depth of Parking Space, to reduce the minimum parking space depth from 5.5 m (18 ft) to 4.6 m (15.1 ft). 2. To allow for the creation of four (4) parking spaces for ‘compact cars’ on the subject lands. Subject to the following conditions: the existing light standard to be removed be relocated, to the satisfaction of the Town; 1. any trees required to be removed be replaced, at a substantial size, to the satisfaction of the Town;\ 2. proposed parking spaces be controlled by the owner through a parking permitting system, and; 3. appropriate signage be erected to identify a permit is required for the parking4. Page 2 of 336 of compact cars only; the applicant provide confirmation by an Ontario Land Surveyor of the aisle width. 5. 8.2 Application for Minor Variance - A 19-18 - Simon Wagler Homes, 24 Morning Glory Drive Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ That the Committee of Adjustment approve Application File A19-18, submitted by Simon Wagler Homes, for lands described as Lot 143, Plan 41M-145, Town of Tillsonburg, as it relates to: Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R1’ zoned lot from 33% to 36.7% of the lot area; and, 1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 10.3 m (33.9 ft), to facilitate the construction of a single detached dwelling. 2. Subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____________pm. 8.3 Application for Zone Change - ZN 7-18-10_2385667-Ontario-Ltd_rpt Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council approve the zone change application (ZN 7-18-10) submitted by 2385667 Ontario Limited, to amend the existing ‘Special Low Density Residential Type 2 Zone – Holding (R2-16H)’ to include several site specific provisions related to minimum lot frontage, exterior side yard width and front yard depth to facilitate the development of 14 semi-detached dwellings and 8 street fronting townhouses. 9.Planning Applications 9.1 CAO 18-14 - Application for Consent B18-34-7 - Lindprop Corporation Page 3 of 336 Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receive report CAO 18-14 Application for Consent B18-34-7 – Lindprop Corporation for information; AND THAT Council advise the Land Division Committee that the Town supports the proposal to sever the property subject to the conditions as contained in report CAO 18-14 Application for Consent B18-34-7 – Lindprop Corporation. 10.Delegations 11.Deputation(s) on Committee Reports 12.Information Items 12.1 PW 2018-40 Carmeuse Lime Category 3 Permit Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receive PW 2018-40 Carmeuse Lime Category 3 Permit as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.3 Development and Communication Services 13.3.1 DCS 18-35 Fence Variance – 68 Concession Street West Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receive report DCS 18-35 Fence Variance – 68 Concession Street West. AND THAT a variance to Fence By-Law 4007 be approved for the construction of a 2.15 m (7 feet) fence along a portion of the front (south) property line and a portion along the side (east) property line at 68 Concession Street West with the following conditions: Page 4 of 336 The fence is constructed entirely on the owner’s property; and1. Pedestrian movement can be maintained as proposed in the variance request. 2. 13.3.2 DCS 18-36 DocuPet Animal Licencing Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 18-36 - DocuPet Animal Licencing as information. 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 18 - 30 Gibson Pedestrian Bridge Replacement Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 18-30 Gibson Pedestrian Bridge Replacement Strategies; AND THAT Council refer the recommended strategy for the Gibson Pedestrian Bridge replacement in the amount of $200,000 to the 2019 capital budget deliberations. 13.6.2 OPS 18-31 Hanger 6 - Land Lease Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 18-31 Hanger 6 – Land Lease; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and Jeffery Wilkins for Hanger No. 6 be approved for assignment to George Gilvesy; AND THAT the Mayor and Clerk be authorized to execute the Land Lease Assignment with Jeffery Wilkins and George Gilvesy; AND THAT Council approve the termination of the recently assigned Land Page 5 of 336 Lease Agreement between the Corporation of the Town of Tillsonburg and George Gilvesy for Hanger 6; AND FURTHER THAT a By-law authorizing Mayor and Clerk to execute a new Land Lease Agreement with George Gilvesy for Hanger 6 be brought forward for Council consideration. 13.7 Recreation, Culture & Park Services 13.7.1 RCP 18-32 - Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 18-032 – Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades; AND THAT Council award RFT2018-013 to Toews Power Systems for their tendered price of $35,603.00 before taxes. 13.7.2 RCP 18-33 2019 Rates and Fees for Recreation, Culture & Parks Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives report RCP 18-33 – 2019 Rates and Fees for Recreation, Culture & Parks; AND THAT the proposed 2019 rates & fees for RCP be approved AND THAT the changes be included in the 2019 Rates & Fees By-Law. 13.7.3 RCP 18-34 J.L. Scott McLean Outdoor Recreation Pad Agreement Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 18-34 – J.L. Scott McLean Outdoor Recreation Pad Agreement; AND THAT Council agrees that when the pad is complete it will be turned over to the Town, which will fund the ongoing operational and maintenance costs; AND THAT a By-law authorizing the Mayor and Clerk to execute a Page 6 of 336 Permission to Access and Modify Lands Agreement be brought forward for Council consideration 13.7.4 RCP 18-35 Resurfacing the TCC's Emergency Route and Snow Melt Area Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 18-35 – Resurfacing the TCC’s Emergency Route and Snow Melt Area; AND THAT Council authorize the resurfacing to base-course asphalt of the emergency route and snow melt area and installation of removable bollards east of the Tillsonburg Community Centre at the quoted price of $49,005 before taxes; AND THAT the funds come from the Tax Rate Stabilization Reserve. 14.New Business 15.Consideration of Committee Minutes 15.1 Committee Minutes 15.1.1 Business Improvement Area Board Minutes Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives the Business Improvement Area Board Minutes dated September 19, 2018 as information. 15.1.2 LPRCA Board Minutes Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conversation Authority Board Minutes dated September 5, 2018 and October 3, 2018, as information. 16.Motions/Notice of Motions Proposed Resolution #21 Moved By: Councillor Esseltine Page 7 of 336 Seconded By: ________________ THAT a full and complete report detailing the Town of Tillsonburg's current recycling program for municipal facilities be brought forward for information; AND THAT both comparison information of municipal facility recycling programs in similar sized communities, and cost implications of implementing a more robust municipal facility recycling program be brought forward for Council consideration; AND THAT any enhancement proposed in the municipal facility recycling program be considered in the 2019 budget deliberations. 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 4232, To Enter into an Airport Hanger Land Lease with George Gilvesy 18.2 By-Law 4231, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-18-10) 18.3 By-Law 4235 Permission to Access & Modify Town Lands Agreement Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT By-Law 4232, To Enter into an Airport Hanger Land Lease with George Gilvesy; and By-Law 4231, To amend Zoning By-Law 3295 (ZN 7-18-10), and By-Law 4235, Permission to Access & Modify Town Lands Agreement 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.Confirm Proceedings By-law 19.1 By-Law 4234 To Confirm the Meeting of November 12, 2018 Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT By-Law 4234, to Confirm the Proceedings of the Council Meeting held on November 12, 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 Page 8 of 336 21.Adjournment Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, November 12, 2018 be adjourned at ______ p.m. Page 9 of 336 1 MINUTES Tuesday, October 9, 2018 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Hayes Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Jeff Smith, Fire Chief Laura Pickersgill, Legislative Services Coordinator _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 pm. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Tuesday, October 9, 2018 be adopted, as amended. Carried 3. Moment of Silence Page 10 of 336 2 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council meeting of September 24, 2018, be approved. Carried 6. Presentations 6.1 2018 Canadian Legion Poppy Campaign Mr. Burton presented the first poppy of the 2018 Poppy Campaign to Mayor Molnar. The Poppy Campaign runs from October 26-November 10, 2018. November 11, 2018 will mark the 100th Anniversary of signing of the Armistice First World War. The silent walk will begin at 10:30am on November 11, 2018 at the Cenotaph. Annual Veterans Banquet at the Legion on November 11, 2018. Tickets are available in advance through the Legion. 7. Public Meetings 7.1 Application for Zone Change ZN 7-18-06, Greg Vermeersch - 80 Frank Street Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report CP2018-295, Application for Zone Change ZN 7-18-06. Opportunity was given for Council to ask questions. The applicant, Greg Vermeersch, was in attendance and spoke in favour of the application. Page 11 of 336 3 No other persons appeared in support of or in opposition to the application. Council passed the following resolution. Resolution # 3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council approves the zone change application submitted by Greg Vermeersch, whereby the lands described as Lot 152 & Part Lot 159, Plan 500, Town of Tillsonburg, known municipally as 80 Frank Street, are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 2 Zone (R2-sp)’ to recognize the conversion of the existing single detached dwelling into a duplex dwelling. Carried 7.2 Application for Zone Change ZN 7-18-09, Southridge Heights Inc. - 22 Crocus Avenue Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report CP2018-275, Application for Zone Change ZN 7-18-09. Opportunity was given for Council to ask questions. John Bamford, representing the applicant Southridge Heights Inc., was in attendance and spoke in favour of the application. No other persons appeared in support of or in opposition to the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council approves the zone change application submitted by Southridge Heights Inc, whereby the lands described as Lots 20, 30, 34, 43 & 44, Plan 41M-145, Town of Tillsonburg, known municipally as 22 Crocus Avenue, 11 & 21 Morning Glory Drive, 57 & 59 Trillium Drive are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Page 12 of 336 4 Low Density Residential Type 1 Zone (R1-21)’ to provide for additional building envelopes for single detached dwellings. Carried 8. Planning Applications 8.1 Application for Draft Plan of Condominium and Exemption from Draft Plan Approval CD 18-07-7, 2563557 Ontario Inc. - 360 Quarter Town Line Mr. Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Report CD 18-07-7 for the Application of Draft Plan of Condominium and Exemption from Draft Plan Approval. Opportunity was given for Council to ask questions. Council passed the following resolution. Resolution # 5 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council supports the application for exemption from the draft plan of condominium approval process (Phases 1-5), submitted by 2563557 Ontario Inc., (File No. CD 18-07-7), prepared by CJDL Consulting Engineers & Kim Husted Surveying, and dated August 27, 2018, for lands described as Lot 2, Plan 41M-119, in the Town of Tillsonburg, as all matters relating to the development (Phase 1-5) have been addressed through the Site Plan Approval process and a registered site plan agreement with the Town of Tillsonburg. Carried 8.2 Application for Consent B18-34-7, Lindprop Corporation - 84 North Street E Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided and overview of Report CP 2018-296, Application for Consent B18-34-7. Opportunity was given for Council to ask questions. Page 13 of 336 5 Peter Penner, representing Lindprop Corporation, was in attendance and provided comments on the application. Council passed the following resolution. Resolution # 6 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council defers consideration of Application for Consent B18-34-7, Lindprop Corporation- 84 North St E until the November 12, 2018 Council Meeting. Carried 8.3 Application for Consent B18-46-7, Patrick Mooney - 32 North Street W Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided and overview of Report CP 2018-276, Application for Consent B18-46-7. Opportunity was given for Council to ask questions. Walter Kleer, the agent on behalf of the applicant, Patrick Mooney was in attendance. Mr. Kleer agreed with the Planner's comments that the applicant would have adequate time to devise an alternate solution for driveway access. County of Oxford Land Division Committee is scheduled to meet November 1, 2018 to hear the application. Council passed the following resolution. Resolution # 7 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council advises the Oxford County Land Division Committee that it is in favour of the proposal to sever the subject property, subject to the following conditions: 1. The owner enter into a Severance Agreement with the Town of Tillsonburg, to the satisfaction of the Town. Page 14 of 336 6 2. The owner shall provide payment to the County of Oxford for the provision of water and wastewater services to the lot to be severed, to the satisfaction of the Oxford County Public Works Department. 3. The owner shall provide a preliminary lot grading plan for the lot to be severed, to the satisfaction of the Town of Tillsonburg Engineering Services Department. 4. The owner shall provide a building location survey, prepared by an Ontario Land Surveyor, to confirm the setback between the existing buildings on the lot to be retained and the new interior lot line, to the satisfaction of the Town Chief Building Official. 5. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. Carried 8.4 Application for Site Plan Amendment TSPC 7-168-2, JMR Properties Inc., 253 Broadway Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented an overview of Report CP 2018-268, Application for Site Plan Approval, TSPC 7-168-2. Opportunity was given for questions from Council. Council passed the following resolution. Resolution # 8 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council directs staff to approve the submitted revised site plan for Application TSPC 7-168-2, to facilitate a 3 storey mixed use development, submitted by JMR Properties Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. Carried Page 15 of 336 7 9. Delegations 9.1 Sea Scouts Storage Container Placement Oliver Gauld, representing the Lake Lisgar Neighbourhood Association, appeared before Council to request clarification on Report RCP 18-30- Sea Scout Storage Update 10. Deputation(s) on Committee Reports 11. Information Items 12. Staff Reports 12.1 Chief Administrative Officer 12.1.1 CAO 18-13, Transit Governance - Recommendations from Tillsonburg Transit Advisory Committee Resolution # 9 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the Council of the Town of Tillsonburg receives Report CAO 18-13, Tillsonburg Transit Advisory Committee Terms of Reference; AND THAT the Community Transportation Pilot Program Steering Committee recommends to Council that a Tillsonburg Transit Advisory Committee be established; AND THAT the Terms of Reference for the Tillsonburg Transit Advisory Committee as reviewed by the Community Transportation Pilot Program Steering Committee be approved; AND FURTHER THAT since the mandate of the Community Transportation Pilot Program Steering Committee has been completed, the Committee be disbanded from this day forward. Carried 12.2 Clerk's Office 12.3 Development and Communication Services 12.4 Finance 12.5 Fire and Emergency Services Page 16 of 336 8 12.6 Operations 12.6.1 OPS 18-27, Development Cost-Sharing Agreement Resolution # 10 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives Report OPS 18-27, Development Cost- Sharing Agreement; AND THAT a By-law authorizing the Mayor and Clerk to execute the Development Cost-Sharing Agreement with Performance Communities Realty Incorporated be brought forward for Council consideration. Carried 12.6.2 OPS 18-28, Results for RFP 2018-002 Aerial Platform Fire Apparatus Resolution # 11 Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives Report OPS 18-28, Results for RFP 2018- 002 Aerial Platform Fire Apparatus; AND THAT Council awards RFP 2018-002 at the negotiated price of $1,424,538.24 (net HST included) to Darch Fire Inc. of Ayr, Ontario; AND THAT Council approves the full utilization of additional DC Reserves towards this project; AND FURTHER THAT Council authorizes the use of Asset Management Reserves to fund the remaining project costs. Carried 12.7 Recreation, Culture & Park Services 12.7.1 RCP 18-30, Sea Scout Storage Update Council recommended that the Scouts look at fundraising for the project. Page 17 of 336 9 Resolution # 12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report RCP 18-25, Proposed Equipment Storage Adjacent to Summer Place; AND THAT Council approves Option A as outlined in the report. WITHDRAWN Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives RCP 18-25 – Proposed Equipment Storage Adjacent to Summer Place; AND THAT the Sea Scout Storage be located at the Gibson House site; AND THAT the Storage Facility be forwarded to the 2019 business plans and budget deliberations. Carried Resolution # 13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT RCP 18-30 - Sea Scout Storage Update be received for information. Carried 12.7.2 RCP 18-31, Transfer Payment Agreement – Seniors Active Living Centres Program Resolution # 14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives RCP 18-31 – Transfer Payment Agreement – Seniors Active Living Centres Program; Page 18 of 336 10 AND THAT Council authorizes the Mayor and Clerk to execute the Transfer Payment Agreement. Carried 13. New Business 14. Consideration of Committee Minutes 14.1 Committee Minutes Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the Airport Advisory Committee Minutes dated September 11, 2018; and the Accessibility Advisory Committee Minutes dated September 18, 2018, as information. Carried 15. Motions/Notice of Motions Moved By: Councillor Esseltine THAT a full and complete report detailing the Town of Tillsonburg's current recycling program for municipal facilities be brought forward for information; AND THAT both comparison information of municipal facility recycling programs in similar sized communities, and cost implications of implementing a more robust municipal facility recycling program be brought forward for Council consideration; AND THAT any enhancement proposed in the municipal facility recycling program be considered in the 2019 budget deliberations. 16. Resolutions/Resolutions Resulting from Closed Session 17. By-Laws 17.1 By-Law 4225, to Amend Zoning By-Law 3295 (ZN 7-18-06), 80 Frank St. 17.2 By-Law 4226, to Amend Zoning By-Law 3295 (ZN 7-18-09), 22 Crocus Ave. Page 19 of 336 11 17.3 By-Law 4227, to Amend Zoning By-Law 3295 (ZN 7-18-04), Oxnard Developments, between Harvest Avenue/West Town Line 17.4 By-Law 4229, To Authorize a Development Cost Sharing Agreement (Performance Communities Realty Inc.) Resolution # 16 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT By-Law 4225, to Amend Zoning By-Law 3295 (ZN 7-18-06); and By-Law 4226, to Amend Zoning By-Law 3295 (ZN 7-18-09); and By-Law 4227, to Amend Zoning By-Law 3295 (ZN 7-18-04); and By-Law 4229, to Authorize a Development Cost Sharing Agreement (Performance Communities Realty Inc.) 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 18. Confirm Proceedings By-law 18.1 Confirm Proceedings By-Law #4228 October 9, 2018 Resolution # 17 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT By-Law 4228, to Confirm the Proceedings of the Council Meeting held on October 9, 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. Carried 19. Items of Public Interest Fire Prevention Week is October 7-13, 2018. Fire Hall Open House October 11, 2018 from 6-8pm. Coffee with a Firefighter is at McDonalds on October 12, 2018 from 10am-12pm. Page 20 of 336 12 A reminder to change and check the batteries in your carbon monoxide alarms, including plug in alarms. Leaf collection begins November 5, 2018. Leaves can be taken to the yard waste depot from Monday-Friday 9am to 5pm. Residents should be mindful to not cover catch basins and storm drains when raking. A public information meeting will be held on November 8, 2018, regarding the upcoming sanitary service installation near Lowrie Cres. Vehicular traffic from Sanders Street is now restricted to the public behind the community centre due to the construction of the outdoor ice pad. The community centre will need to be accessed from another pre-existing route. Trail signage is going to be installed at the Broadway Trans-Canada Trail crossing to ensure a safer passage for pedestrians. Pedestrians must use the designated crosswalk until approvals are in place to construct a pedestrian crosswalk at this location. Voting Period commences Friday, October 12 at 9am and ends Monday, October 22 at 8pm. Voter Help Centres are open Monday-Friday 8:30am-4:30pm at the Customer Service Centre (10 Lisgar Ave) and at the Corporate Office (200 Broadway, Suite 204). 20. Adjournment Resolution # 18 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Council Meeting of Tuesday, October 9, 2018 be adjourned at 8:40 p.m. Carried Page 21 of 336 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: A18-18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: November 12, 2018 REPORT NUMBER: 2018-319 OWNER: Tillsonburg Non-Profit Housing Corp. PO Box 203, Tillsonburg ON, N4G 3G9 APPLICANT: Reid and Deleye Contractors Ltd. PO Box 272 Courtland ON, N0J 1E0 REQUESTED VARIANCES: 1. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Aisle Width, to reduce the minimum required aisle width from 7.3 m (24 ft) to 5.8 m (19 ft), and 2. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Minimum Depth of Parking Space, to reduce the minimum parking space depth from 5.5 m (18 ft) to 4.6 m (15.1 ft). The proposed variances have been requested to facilitate the creation of 5 new “compact car” parking spaces on the subject lands. LOCATION: The subject lands are described as Lot 459, Part Lots 460-462, Plan 500, in the Town of Tillsonburg. The subject lands are located on the northwest corner of Queen Street and Bridge Street East, and are municipally known as 43 Queen Street, 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 High Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Special High Density Residential Zone (RH-2) within the Regulated Flood/Fill Line Page 22 of 336 File Number: A18-18 Report Number 2018-319 Page 2 SURROUNDING USES: surrounding uses comprise a mix of high, low and medium density residential uses, together with a range of commercial and institutional uses in the immediate area. COMMENTS: (a) Purpose of the Application: The applicant is requesting the above-noted variances to facilitate the creation of 5 additional parking spaces on the subject lands. It is proposed that the new parking spaces, which will be shorter in depth than a typical parking space, will be reserved for “compact cars” that don’t require the standard 5.5 m (18 ft) parking depth. A reduction to the minimum driveway aisle width has also been requested to facilitate the proposed parking spaces. For Committee’s information the subject property was granted relief from the parking provisions of the Zoning By-law in 2009 to reduce the number of required parking spaces on the property from 48 to 43. The applicant is now requesting the proposed variance to increase the number of parking spaces to better serve residents of the apartment building. There are presently 73 units in the building. The subject property is approximately 4,136.6 m2 (1 ac) in area, with frontage on Durham Street and road access along Queen Street and Bridge Street East, which provides access to the parking lot to be altered. The subject lands contain an existing apartment building, geared to senior citizens. Plate 1, Location Map with Existing Zoning and Parcel Lines, 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 3, Applicant’s Site Sketch, shows the existing and proposed parking configuration on the subject lands, as provided by the applicant. (b) Agency Comments This application was circulated to a number of public agencies. The Chief Building Official has commented that the proposed parking spaces will result in a reduction to the existing snow storage on the site, as well as the removal of two mature maple trees and an existing light standard. Further, this department questions the accuracy of the proposed aisle width at spot number 5 on the submitted site sketch and has stated that 4 spaces, rather than 5 would be a more appropriate addition, given the layout of the site. This department has further commented that the relocation of the light standard and the replacement of any trees removed should be required as conditions of approval. Further, the proposed parking spots should be controlled by the owner as permit only parking to control the size/length of vehicles utilizing the space and should be marked with appropriate “compact cars only” signage. Public Notice was mailed to surrounding property owners on November 2, 2018. As of the writing of this report, no comments have been received from the public. Page 23 of 336 File Number: A18-18 Report Number 2018-319 Page 3 (c) Intent and Purpose of the Official Plan: The subject lands are designated as High Density Residential, according to the County of Oxford Official Plan. Lands designated as such are those primarily developed or planned for a limited range of intensive large-scale, multiple unit forms of residential development. High Density Residential development is generally required to be between 63 – 111 units per hectare (26 – 45 units per acre), with the exception of such uses fronting on Bridge Street, which are permitted to a maximum of 150 units per hectare (61 units per acre). Section 8.2.7.2 of the Official Plan provides direction with respect to driveways and parking areas and states that driveways will have sufficient width to allow efficient vehicular use including turning movements for both private and emergency vehicles. Planning staff are satisfied that the proposed reduction to parking space depth and driveway aisle width is appropriate in this instance as it will serve a need for additional parking spaces on lands currently utilized for high density residential purposes, which is in keeping with the intent of the Official Plan, and further, the proposed variances are not anticipated to result in adverse impact to the functionality and accessibility of the site, and can be appropriately assigned and managed by the owner of the site. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Special High Density Residential Zone (RH-2)’ in the Town Zoning By-law which permits a 60 unit apartment building for affordable housing and establishes a maximum net density of 144.9 dwelling units per hectare (58.7 dwelling units per acre), to a maximum height of 5 storeys. This zoning also establishes site specific development standards for lot frontage, exterior side yard setbacks, interior side yard setbacks, setback from an arterial road and minimum requirements for amenity areas, and requires a minimum of 43 parking spaces on the subject lands. Parking provisions for lands zoned ‘RH-2’ are provided in Section 5.24 of the Zoning By-law which further addresses the requirements for driveway widths and typical parking space standards. Specifically, this section provides that parking spaces shall be a minimum width of 2.7 m (8.9 ft) and a minimum depth of 5.5 m (18 ft) for 90 degree angle parking and that the minimum perpendicular aisle width shall be 7.3 m (24 ft). The purpose of these provisions is to ensure that sufficient space is available on private property for off-street parking and that these off-street parking areas are safe and functional for both vehicle and pedestrian traffic and can accommodate residents and visitors to the property, as well as emergency vehicles. In this instance the applicant is proposing to increase the number of parking spaces on the subject lands to better serve the needs of the residential apartment building, proposing 5 additional spaces beyond the minimum 43 space requirement of the Zoning By-law. Staff are satisfied that a reduction to the depth of these additional parking spaces can facilitate this, but that appropriate signage permitting measures should be implemented to ensure that only cars capable of occupying a smaller space utilize these spaces. Planning staff also support the recommendation of the Chief Building Official to permit 4 spaces in lieu of the requested 5, to ensure the present width of the parking aisle is not compromised. As such, it is recommended that as a condition of approval the applicant be required to sign the required spots as “compact cars only” and allow parking by permit only. Page 24 of 336 File Number: A18-18 Report Number 2018-319 Page 4 With respect to the applicant’s request to reduce the required aisle width, it is noted that at 5.8 m (19 ft) wide, vehicles will be able to maneuver two way traffic and, given the configuration of the subject lands, being surrounding on three sides by public roads, this parking area is not required for emergency access routes and as such it is not anticipated that emergency vehicles will need to access this parking area. (e) Desirable Development/Use: Planning staff are satisfied that the proposed reduction to the required parking space depth and aisle width on the subject lands can be considered minor and desirable for the subject property. The parking area in question will continue to meet the minimum parking requirements of the Zoning By-law, and staff are satisfied that the parking lot will continue to be safe and functional for residents and visitors of the building. Further, implementation of parking permits and appropriate signage on the modified parking spaces will ensure that they are only utilized by vehicles that can be accommodated in a smaller area. With respect to the requested reduction to the minimum aisle width, it is noted that measurements taken from County Mapping software and site visits by staff call into question the ability of the parking area to accommodate 5 additional spaces, as shown on the applicant’s sketch and staff are of the opinion that 4 parking spaces may be a more appropriate. It is recommended that a condition of approval be included to verify the aisle width. 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, subject to the appropriate conditions. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A18-18, submitted by Tillsonburg Non-Profit House Corp. (Reid and Deleye Contractors Ltd.), for lands described as Lot 459, Part Lots 460-462, Plan 500, municipally known as 43 Queen Street in the Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Aisle Width, to reduce the minimum required aisle width from 7.3 m (24 ft) to 5.8 m (19 ft), and 2. Relief from Table 5.24.1.6 – Parking Space and Aisle Standards – Minimum Depth of Parking Space, to reduce the minimum parking space depth from 5.5 m (18 ft) to 4.6 m (15.1 ft). To allow for the creation of four (4) parking spaces for ‘compact cars’ on the subject lands. Subject to the following conditions: i. the existing light standard to be removed be relocated, to the satisfaction of the Town; ii. any trees required to be removed be replaced, at a substantial size, to the satisfaction of the Town; iii. proposed parking spaces be controlled by the owner through a parking permitting system, and; iv. appropriate signage be erected to identify a permit is required for the parking of compact cars only; v. the applicant provide confirmation by an Ontario Land Surveyor of the aisle width. As the proposed variances are: Page 25 of 336 File Number: A18-18 Report Number 2018-319 Page 5 (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (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 November 1, 2018 Page 26 of 336 File Number: A18-18 Report Number 2018-319 Page 6 Report Approval Details Document Title: A18-18t_rpt.docx Attachments: - A-17-18 Report Attachments.pdf - a18-18t_appl-20181016.pdf Final Approval Date: Nov 6, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 6, 2018 - 9:08 AM Page 27 of 336 October 24, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2130 Notes NAD_1983_UTM_Zone_17N 107 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) Subject Property Plate 1: Location Map with Existing Zoning and Parcel Lines File No.: A18-18, Town of Tillsonburg Non-Profit Housing Corporation Lot 159 & Part Lots 460-462, Plan 500- 43 Queen Street, Tillsonburg Page 28 of 336 October 24, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 690 Notes NAD_1983_UTM_Zone_17N 34 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) Subject Property Plate 2: 2015 Aerial Photo File No.: A18-18, Town of Tillsonburg Non-Profit Housing Corporation Lot 159 & Part Lots 460-462, Plan 500- 43 Queen Street, Tillsonburg Bridge Street East Queen Street Page 29 of 336 Plate 3: Applicant's Sketch File No.: A18-18, Town of Tillsonburg Non-Profit Housing Corporation Lot 159 & Part Lots 460-462, Plan 500- 43 Queen Street, TillsonburgPage 30 of 336 A18-18 Page 31 of 336 Page 32 of 336 Page 33 of 336 Page 34 of 336 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: A19-18 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: November 12, 2018 REPORT NUMBER: 2018-328 OWNER: Simon Wagler Homes RR#4 Aylmer ON, N5H 2R3 REQUESTED VARIANCES: 1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R1’ zoned lot from 33% to 36.7% of the lot area; and, 2. Relief from Section 6.2, Table 6.2 – Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 10.35 m (33.9 ft), to facilitate the construction of a single detached dwelling. LOCATION: The subject property is described as Lot 143, Plan 41M-145 in the Town of Tillsonburg. The property is located on the east side of Morning Glory Drive, lying between Crocus Avenue and Trillium Drive and is municipally known as 24 Morning Glory 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 (R1) SURROUNDING USES: Low density residential uses, consisting of single detached dwellings. Page 35 of 336 File Number: A19-18 Report Number 2018-328 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted sections of the Town Zoning By-law to facilitate the construction of single detached dwelling. Due to the design of the proposed dwelling, being narrow and deep, relief from the Zoning By-Law is required. The subject property comprises approximately 629 m2 (6,770.5 ft2) of area, with approximately 17 m (55.7 ft) of frontage on Morning Glory Drive and is currently vacant. As indicated above, a single detached dwelling is proposed to be constructed on the property. Plate 1, Location Map with Existing Zoning and Parcel Lines, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, shows the location of the subject lands and surrounding properties. Plate 3, Applicant’s Sketch, shows the dimensions and setbacks of the proposed single detached dwelling. (b) Agency Comments: The application was circulated to a number of public agencies. The following comments were received. No comments were received as part of agency circulation. (c) Public Consultation: Public Notice was mailed to surrounding property owners on October 25, 2018. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’, which permits a single detached dwelling. The ‘R1’ zone also permits a maximum total lot coverage (including accessory buildings/structures) of 33% and a minimum rear yard depth of 12 m (39.3 ft). In this case, the applicant proposes a total maximum lot coverage of 35.3% and a minimum rear yard depth of 10.4 m (34.1 ft). The purpose of the lot coverage provision is to limit the extent of buildings/structures on a lot to ensure sufficient area is maintained for parking and private amenity area as well as ensuring the general lot grading for the overall subdivision and the individual lot are not negatively impacted. The lot coverage provisions also ensure that the general scale of development is consistent and appropriate for the size of the lot. No detached accessory structures were included on the Page 36 of 336 File Number: A19-18 Report Number 2018-328 Page 3 applicant’s sketch. An accessory structure less than 10 m2 (108 ft2) would excluded from the calculation of lot coverage as per the Zoning By-law and would be permitted. The intent of the rear yard depth provision is to ensure that single detached dwellings maintain sufficient setback to provide a buffer for neighbouring properties, adequate recreational and amenity area, and proper area for drainage. In this case, it is not anticipated that the minor increase in lot coverage will have a negative impact on lot grading or drainage. A preliminary lot grading plan will be reviewed as part of the building permit process to ensure the proposal will have no negative impacts on neighbouring properties. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate parking and amenity space, or negatively impact drainage, the requested relief can be considered minor. Sufficient separation with also be provided from property lines to allow for normal building maintenance and access. The applicant’s request can also be considered desirable as it will facilitate the construction of a single detached dwelling that is consistent with the existing development in the area. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and should be given favourable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A19-18, submitted by Simon Wagler Homes, for lands described as Lot 143, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, Table 6.2 – Zone Provisions, to increase the maximum permitted lot coverage of an ‘R1’ zoned lot from 33% to 36.7% of the lot area; and, 2. Relief from Section 6.2, Table 6.2 – Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 10.3 m (33.9 ft), to facilitate the construction of a single detached dwelling. Subject to the following condition: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Page 37 of 336 File Number: A19-18 Report Number 2018-328 Page 4 As the proposed variances are: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (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 for submission by: Eric Gilbert, MCIP, RPP, Senior Planner Page 38 of 336 File Number: A19-18 Report Number 2018-328 Page 5 Report Approval Details Document Title: A19-18_rpt.docx Attachments: - A19-18 Report Attachments.pdf - a19-18t-appl-20181016.pdf - a19-18t-appl_sketch-20181016.pdf Final Approval Date: Nov 5, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 5, 2018 - 8:37 AM Page 39 of 336 September 13, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1490 Notes NAD_1983_UTM_Zone_17N 75 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) Plate 1: Location Map with Existing Zoning and Parcel Lines File No.: A19-18, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Subject Property Page 40 of 336 October 24, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 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) Subject Property Plate 2: 2015 Aerial Photo File No.: A19-18, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Morning Glory Drive Page 41 of 336 Plate 3: Applicant's Sketch File No.: A19-18, Simon Wagler Homes Lot 143, Plan 41M-145, 24 Morning Glory Drive, Tillsonburg Page 42 of 336 Page 43 of 336 Page 44 of 336 Page 45 of 336 Page 46 of 336 Page 47 of 336 Page 1 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN 7-18-10 – 2385667 Ontario Limited (Oxnard Developments) REPORT HIGHLIGHTS  The application for zone change proposes to amend the existing ‘Special Low Density Residential Type 2 Holding Zone (R2-16H)’ to vary several additional development standards for both the proposed semi-detached residential development and the proposed street fronting townhouse development.  Agency circulation resulted in no concerns with the proposed amendments.  Planning staff are supportive of the proposed amendments as they are generally consistent with the Provincial Policy Statement, and are in keeping with the policies contained in the Official Plan respecting low density residential development. 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 Blocks 6, 7 & 9 Plan 41M-272 Town of Tillsonburg. The subject lands lands are located south of Potters Road between West Town Line and the Canadian Pacific Railway Lands, in the Town of Tillsonburg. Page 48 of 336 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 Page 2 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 3295: Existing Zoning: ‘Special Low Density Residential Type 2 Zone (R2-16)’ Requested Zoning: Amended ‘Special Low Density Residential Type 2 Zone (R2-16)’ PROPOSAL: The application for zone change proposes to amend the existing ‘Special Low Density Residential Type 2 Holding Zone (R2-16H)’ that applies to the subject lands to include a number of additional special development provisions that will apply to both the proposed semi-detached development and the proposed townhouse development. Specifically, the existing special provisions of the ‘R2-16(H)’ zone permit the development of semi- detached dwellings and street fronting townhouses, subject to the provisions of the ‘Low Density Residential Type 3 Zone (R3)’, and permit a reduction to the interior side yard width for end units, an encroachment into the required rear yard for covered decks and states that no development is permitted on the subject lands until all appropriate development agreements have been executed regarding the construction and extension of Harvest Avenue and the recommendation of the Noise and Vibration Study have been implemented. At that time the holding provisions that apply to the subject lands can be removed in accordance with Section 36 of the Planning Act. The applicant is now proposing additional site specific development provisions to the existing special provisions of the ‘R2-16(H) zone, as follows;  a reduction to the minimum required lot frontage for a semi-detached dwelling from 10.5 m (34.4 ft) to 9 m (29.5 ft) for a semi-detached dwelling;  a reduction to the minimum required front yard depth from 7.5 m (24.6 ft) to 6 m (16.7 ft) for a semi-detached dwelling;  a minimum lot frontage 7.5 m (24.6 ft) for a street fronting townhouse, whereas 8 m (26.2 ft) is typically required;  a minimum lot frontage of 7.5 m (24.6 ft) for a street fronting townhouse end unit, whereas 11 m (36.1 ft) is typically required;  a minimum lot frontage of 7 m (22.9 ft) for a street fronting townhouse on a corner lot, whereas 14 m (45.9 ft) is typically required;  a reduction to the minimum required exterior side yard width from 7.5 m (24.6 ft) to 6 m (19.7 ft), and;  an increase to the maximum lot coverage provision from 40% to 60% of lot area. The subject lands were granted subdivision approval in 2011 and consist of three blocks to be developed for semi-detached dwellings and street fronting townhouses through part lot control. The By-law establishing the existing ‘R2-16(H)’ zone provisions was implemented in April, 2018. Page 49 of 336 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 Page 3 Surrounding uses include existing low density residential development to the north fronting on Potters Road, Harvest Retirement Community complex to the south, stormwater management facilities serving the development to the west and future development lands to the east. One semi-detached dwelling, proposed for a model home is currently under construction, in accordance with the provisions of the executed pre-servicing agreement. 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, Applicant’s Sketch, shows proposed development and lot configuration with the proposed dimensions, as submitted by the applicant. 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. Page 50 of 336 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 Page 4 OFFICIAL PLAN The subject lands are designated ‘Low Density Residential’ according to the Town of Tillsonburg Residential Density Plan, as contained in the County of Oxford Official Plan. 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). The policies of Section 8.2 (Town of Tillsonburg Housing Development and Residential Areas) promote the accommodation of present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods. The policies of Section 8.2.2.2 (Tenure Mix) provides that Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. ZONING BY-LAW The subject lands are currently zoned ‘Special Low Density Residential – Type 2 Zone Holding (R2- 16H)’ in the Town’s Zoning By-law, which allows for the development of a range of low density residential development including semi-detached dwellings and street fronting townhouses and permits a minimum interior side yard for end units of 1.2 m (3.9 ft) and allows for a 3 m (9.8 ft) projection of a covered deck into a required rear yard, provided the minimum setback between a covered deck projection and a rear lot line is 7 m (23 ft). This special zoning that applies to the subject lands was approved by Town Council in April of 2018 as part of the approval process for the associated zone change ZN 7-18-03. This zoning includes a holding provision, which states that no development shall occur until appropriate development agreements have been executed regarding the construction and extension of Harvest Avenue and the recommendations of the Noise and Vibration Study have been implemented to the satisfaction of the Town. The applicant is now proposing to add additional site specific development standards to reduce the required lot frontage as well as the minimum front and exterior yard requirements. Specifically, the applicant has requested the following amendments to the ‘R2-16(H)’ zone;  a reduction to the minimum required lot frontage for a semi-detached dwelling from 10.5 m (34.4 ft) to 9 m (29.5 ft) for a semi-detached dwelling;  a reduction to the minimum required front yard depth from 7.5 m (24.6 ft) to 6 m (16.7 ft) for a semi-detached dwelling;  a minimum lot frontage 7.5 m (24.6 ft) for a street fronting townhouse, whereas 8 m (26.2 ft) is typically required; Page 51 of 336 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 Page 5  a minimum lot frontage of 7.5 m (24.6 ft) for a street fronting townhouse end unit, whereas 11 m (36.1 ft) is typically required;  a minimum lot frontage of 7 m (22.9 ft) for a street fronting townhouse on a corner lot, whereas 14 m (45.9 ft) is typically required;  a reduction to the minimum required exterior side yard width from 7.5 m (24.6 ft) to 6 m (19.7 ft), and;  an increase to the maximum lot coverage provision from 40% to 60% of lot area. It is noted that the subject lands were recently granted approval from the Committee of Adjustment to increase the maximum lot coverage from 40% to 60% lot area (File A16-18, September 10, 2018), so inclusion of this provision into an amending By-law is not necessary. AGENCY COMMENTS This application has been reviewed by a number of public agencies. The Chief Building Official has commented that the proposed residents must have a 1 car garage incorporated into the design in order to comply with parking provisions and that the developer must ensure that OBC spatial separation requirements can be complied with for the interior side yard setback reductions requested. PUBLIC CONSULTATION Notice of the application for and notice of public meeting was circulated to surrounding property owners on October 23, 2018 and October 29, 2018. As of the date of this report, no concerns have been received regarding the proposed application. Planning Analysis The application for zone change proposes a number of amendments to the development standards of the existing ‘R2-16(H)’ zone to facilitate the development of 14 semi-detached dwelling units and 8 street facing townhouse dwelling units along the extension of Harvest Road. Specifically, these amendments propose the reduction of lot frontages as well as front and exterior yard setbacks. It is the opinion of staff that the proposal is consistent with the relevant policies of the PPS as the proposed amendments will facilitate the development of a mix of housing types to accommodate current and future residential need for the Town, and the development is considered to be an efficient use of lands, municipal services and infrastructure within a designated settlement area. Further, this Office is satisfied that the proposed development maintains the general intent of the Official Plan as it pertains to the Low Density Residential designation. The net residential density for the proposed development will be 18.4 units/ha (7.4 units/ac), which is within the range of the densities permitted within low density residential areas. The applicant is proposing a number of amendments to the ‘R2-16H’ zone to facilitate the development of 14 semi-detached dwelling units and 8 street fronting townhouses. Specifically, the applicant is requesting amendments to the minimum lot frontage requirement for both semi-detached dwellings and street fronting townhouses (including corner lots and lots with end units), a reduction to the minimum front yard depth for a semi-detached dwelling and a reduction to the minimum exterior side yard width. Page 52 of 336 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 Page 6 The purpose of the lot frontage, area and depth requirements of the By-law is to ensure that residential development occurs on lands of a sufficient size to accommodate residential uses. These provisions also assist in ensuring that minimum lot sizes are maintained to achieve consistency with surrounding residential lot sizes and to ensure that sufficient space is maintained on private property to account for private parking, drainage and amenity space. Planning staff are satisfied that the requested amendments will facilitate the proposed development while maintaining the intent of the Zoning By-law and that they are appropriate, in this instance. Staff are satisfied that a reduction to the front yard minimum depth will maintain sufficient space on the subject lands to accommodate for private parking and amenity space, and no concerns were received from the Operation Services Department with regards to impact on the public right of way (the future extension of Harvest Avenue). As commented by the Town Chief Building Official, the proposed dwellings will need to provide two parking spaces per dwelling and will need to comply with all Building Code requirements with respect to spacing and separation distances. Parking can be accommodated by incorporating a single car garage into the design, while the proposed 6 m (19.68 ft) front yard depth will accommodate a second parking space in the front yard. 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 the zone change application (ZN 7-18-10) submitted by 2385667 Ontario Limited, to amend the existing ‘Special Low Density Residential Type 2 Zone – Holding (R2-16H)’ to include several site specific provisions related to minimum lot frontage, exterior side yard width and front yard depth to facilitate the development of 14 semi-detached dwellings and 8 street fronting townhouses. SIGNATURES Authored by: Heather St. Clair, RPP, MCIP, Development Planner Approved for submission: Eric Gilbert, RPP, MCIP, Senior Planner Page 53 of 336 Report No: CP 2018-317 COMMUNITY PLANNING Council Date: November 12, 2018 Page 7 Report Approval Details Document Title: ZN7-18-10_2385667-Ontario-Ltd_rpt.docx Attachments: - ZN 7-18-10_Report_Attachments.pdf - 7-18-10_appl-20181005.pdf - 7-18-10_appl-let-20181005.pdf Final Approval Date: Nov 6, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 6, 2018 - 9:08 AM Page 54 of 336 March 7, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Road Labels 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) Subject Properties Plate 1: Location Map with Existing Zoning File No: ZN 7-18-10 - 2385667 Ontario Limited Blocks 6, 7, 9, Plan 41M-272, Town of Tillsonburg Page 55 of 336 November 5, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1050 Notes NAD_1983_UTM_Zone_17N 53 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) Plate 2: 2015 Aerial Map File No: ZN 7-18-10 - 2385667 Ontario Limited Blocks 6, 7, 9, Plan 41M-272, Town of Tillsonburg Subject Properties Potters Road Harvest Avenue Page 56 of 336 Plate 3: Applicant's Sketch File No: ZN 7-18-10 - 2385667 Ontario Limited Blocks 6, 7, 9, Plan 41M-272, Town of TillsonburgPage 57 of 336 ZN 7-18-10Oct. 5/18Oct. 10/18000430129, 0127 & 0129Page 58 of 336 Page 59 of 336 Page 60 of 336 Page 61 of 336 Page 62 of 336 Report Title CAO18-14 Application for Consent B18-34-7 – Lindprop Corporation Report No. CAO18-14 Author David Calder Meeting Type Council Meeting Council Date November 12, 2018 Attachments Planning Report CP 2018-296 Page 1 / 4 89867956,,,CAO 18-14 - Application for Consent B18-34-7 - Lindprop Corporation RECOMMENDATION THAT Council receive report CAO 18-14 Application for Consent B18-34-7 – Lindprop Corporation for information; AND THAT Tillsonburg Council advise the Land Division Committee that the Town supports the proposal to sever the property subject to the conditions as contained in report CAO 18-14 Application for Consent B18-34-7 – Lindprop Corporation. EXECUTIVE SUMMARY On October 9, 2018, Town Council deferred consideration of a report (CP 2018-296) for a consent application (B18-34-7) that proposed to sever a portion of a draft approved plan of subdivision and retain the balance of the draft plan, together with approximately 110 acres of vacant residential land. Town Council deferred the consideration of the matter to request additional information about possible conditions of approval that would be required to address the concerns of staff with respect to the fragmentation of a draft approved plan of subdivision. BACKGROUND As indicated at the previous Council meeting, Town staff and County planning staff have been involved in discussions with the developer and applicant since September 2017 regarding the proposal. Since the original concept was presented to staff, the applicant has modified the proposal in an attempt to minimize the complications arising from possible separate ownership of the draft plan of subdivision. Town staff have met with the developer who has confirmed that they have no objection to the proposed conditions of approval that are required to address agency concerns. The proposed conditions are described below: 1. The owner enter into a Severance Agreement with the Town of Tillsonburg, to the satisfaction of the Town. The severance agreement shall include provisions requiring ‘Street 3’ to be constructed and dedicated to the Town in a timely manner, with appropriate financial securities in place. Page 63 of 336 Page 2 / 4 CAO 2. The owner shall provide a 0.3 m reserve on the retained lands, east of Street 3, to the satisfaction of the Oxford County Public Works Department 3. The owner shall provide a 3.0 m road widening on the north side of North Street on the lands to be severed and retained, to the County of Oxford, free of all costs and encumbrances. 4. The owner shall provide a 5 m (16.4’) x 5 m (16.4’) daylight triangle at the intersection of Street 3 and North Street East to the County of Oxford, free of all costs and encumbrances. 5. The owner shall provide a 5 m (16.4’) x 5 m (16.4’) daylight triangle at the intersection of Street 3 and Canary Street to the Town of Tillsonburg, free of all costs and encumbrances. 6. The owner shall obtain any easement required for municipal water servicing, sanitary sewer system, access, stormwater and drainage, to the satisfaction of the Town of Tillsonburg. 7. The owner shall obtain a redline revision to the conditions of draft plan approval to the satisfaction of the Town of Tillsonburg and Oxford County Public Works Department. 8. The owner shall provide an easement encompassing Bell Canada Telecommunications infrastructure, to the satisfaction of Bell Canada. 9. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. The intent of proposed condition #1 is to ensure that the severed draft plan and retained lands can be developed in a timely manner. The applicant has indicated that they are willing to enter into a severance agreement with the Town and post financial securities to ensure that the primary access for the draft plan and the retained lands (Street 3) is constructed in a timely manner and will not prevent the development of the draft plan of subdivision, which could be in separate ownership. To ensure the draft plan moves forward in a timely manner, Staff suggest that a clause be included in the severance agreement to provide for ‘Street 3’ to be constructed by the current lapsing date of the draft plan, October 22, 2020. (Since 2008, there have been 4 extensions to the draft plan approval.) The construction of ‘Street 3’ is a requirement for any development or potential phase of the draft plan, as ‘Street 3’ is the primary access and sanitary sewer outlet for the draft approved plan of subdivision. Additionally, by mid-2019, the sanitary sewer pumping station will be completed and all required infrastructure to accommodate the development will be in place. The applicant may refute the need to construct ‘Street 3’ prior to the current draft plan extension date of October 22, 2020 but as noted all required infrastructure will be in place so draft plan approval should not continue to be extended indefinitely. CONCLUSIONS Staff are of the opinion that if the proposed conditions are imposed on the severance applications, then concerns respecting access, servicing, and the orderly and coordinated development of the two parcels can be addressed. Page 64 of 336 Page 3 / 4 CAO Report CP 2018-296 which was before Council at their meeting of October 9, 2018 is attached as information. 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. Page 65 of 336 Page 4 / 4 CAO Report Approval Details Document Title: CAO 18-14 - Application for Consent B18-34-7 - Lindprop Corporation.docx Attachments: - CAO 18-14 Attachment.pdf Final Approval Date: Nov 7, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 7, 2018 - 8:02 AM Page 66 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Consent B18-34-7 - Lindprop Corporation REPORT HIGHLIGHTS  The Application for Consent proposes to sever a portion of a draft approved plan of subdivision (32T-07006), retaining a portion of the draft plan that includes a proposed street to provide access to the retained lands. The balance of the retained lands are vacant and are designated for future residential use.  The draft plan (32T-07006) was originally approved in 2008, and has received 4 extensions to draft plan approval. The current lapsing date is October 22, 2020.  Planning staff do not support the application as it is premature, and not in the public interest and could compromise the future development of the retained lands. Staff suggest that a portion of the draft plan be registered to ensure the retained lands have legal frontage, and an adequate legal outlet for stormwater, municipal water and sanitary sewer services. DISCUSSION Background OWNER/APPLICANT: Lindprop Corporation 55 Blue Willow Drive, Vaughan ON L4L 9E8 AGENT: CJDL Consulting Engineers 261 Broadway, Tillsonburg ON N4G 4H8 LOCATION: The subject lands are described as Part Lots 4 & 5, Concession 10 (Dereham), Parts 1 & 2 of 41R-5045, in the Town of Tillsonburg. The lands are located on the north side of North Street East, lying between Falcon Road and Tillson Avenue / Cranberry Road, and are municipally known as 84 North Street East. Page 67 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 2 of 7 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 NUMBER 3295: Existing Zoning: Future Development Zone (FD) SERVICES: Lot to be Severed – Municipal water & sanitary sewer services (proposed) Lot to be Retained – None ROAD ACCESS: Paved, County Road (North Street West) PROPOSAL: SEVERED LOT RETAINED LOT Area 14.24 ha (35.2 ac) 44.46 ha (110 ac) Frontage 52.72 m (173’) 213.7 m (701’) (none once 0.3 m reserve is conveyed) Depth 398 m (1306’) 97.8 m (321’) The purpose of the Application for Consent is to sever a portion of a draft approved plan of subdivision, retaining a street to provide access for the lands to be retained. The lot to be severed has an approximate area of 14.24 ha (35.2 ac), frontage of 52.72 m (173’), and irregular depth of 398 m (1306’). The lot to be retained has an area of 44.46 ha (110 ac) and currently has frontage of 213.7 m (701’) of frontage on North Street East, but will have none once a condition of draft plan approval is satisfied, requiring a 0.3 m reserve. The lands to be severed and retained are currently vacant and in agricultural production. The subject lands contain a draft approved plan of subdivision, 32T-07006, which was approved in 2008 and has been granted four extensions of draft approval. The draft approved plan of subdivision contains 141 single detached dwellings, 17 semi-detached dwellings (34 units), with a commercial block and a block for park and open space, served by four new local streets. The lot to be severed will have frontage on North Street East and a future extension of Canary Street, however the frontage on North Street East near Falcon Road is intended to be a stormwater management channel and no street or vehicular access is permitted. The lot to be retained will have direct frontage on North Street East (Street 3), further frontage on North Street East to the east will be precluded by a 0.3 m reserve due to poor sightlines, as supported by a Traffic Impact Study submitted during the draft plan approval process. Page 68 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 3 of 7 Surrounding land uses consist of single detached dwellings to the east within the Rolling Meadows Plan of subdivision, single detached dwellings fronting on the north side of North Street East, and service commercial uses to the southwest. Vacant residential land is located to the south and northwest. Lands within the Township of South-West Oxford are located to the north. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2, Approved Draft Plan with Aerial Map Overlay, provides an aerial view of the property and surrounding lands in the immediate area, with the draft approved plan of subdivision. Plate 3, Draft Approved Plan of Subdivision, depicts the overall concept plan for the retained lands, and the boundaries between the lands to be severed and land to be retained. Application Review 2014 Provincial Policy Statement The Provincial Policy Statement (PPS) directs that Ontario’s long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environment as well as public health and safety, and facilitate economic growth. In support of these provincial interests and goals, settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.1 of the PPS provides that healthy, liveable and safe communities are sustained by: a) Promoting efficient development and land use patterns which sustain the financial wellbeing of the Province and municipalities over the long term; b) Accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) Avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) Avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) Promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) Improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society; g) Ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and h) Promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate. Page 69 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 4 of 7 Official Plan The subject lands are located within the 'Low Density Residential' designation according to the County Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Section 10.3.3 - Plans of Subdivision & Condominium, provides that County Council and Area Councils will evaluate applications for plans of subdivision on the basis of the requirements of the Planning Act as well as criteria including, but not limited to the following:  consistency with the objectives and policies of the Official Plan;  there is capacity available in the municipal water and sewage treatment systems and there is suitable provision for roads, water, storm and sanitary sewers, waste disposal, recyclable collection, public utilities, fire and police protection, parks, schools, and other community facilities;  the plan is designed to effectively accommodate Environmental Resources and mitigate environmental constraints and human-made constraints;  the plan is designed to reduce any negative effect on surrounding land uses, the transportation network, or significant natural features;  the plan is designed to be integrated with adjacent developments;  the plan is designed to be compatible with the natural features and topography of the site. Subdivisions proposing extensive areas of cut and fill will be discouraged. Section 10.3.4 - Consents, provides Official Plan review criteria for the Oxford County Land Division to consider when reviewing consent applications. The Land Division Committee will evaluate applications for consent in accordance with the requirements of the Planning Act, but also on the basis of the following criteria:  the Land Division Committee shall be satisfied that a plan of subdivision is not necessary for the proper and orderly development of land and that the plan of subdivision process is upheld as the primary method of lot creation;  any lots to be created would conform to the policies of the Official Plan and the provisions of the Zoning By-Law;  the granting of the consent application will not prejudice the future lot creation potential of the area;  the proposed lot will have direct frontage on a permanent public road maintained year round at a reasonable standard of construction and will not require the opening or extension of a public road;  the proposed lot will have adequate water supplies and sewage services and the stormwater management consistent with the requirements of the Official Plan and Province;  access to the proposed lot would not create traffic problems or hazards, as identified by the authority with jurisdiction over the road. In granting a consent, the Oxford County Land Division Committee shall require applicants to satisfy conditions prior to the stamping of deeds for registration purposes. To provide for the fulfilment of conditions, the applicant may be required to enter into a severance agreement with the Area Municipality and where necessary, the County. Page 70 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 5 of 7 Zoning By-law The subject property is zoned ‘Future Development Zone (FD)’ which does not permit any new structures or buildings. The FD zone is a holding zone, intended to preserve lands for future development. The current FD zoning is appropriate for the lands to be severed and retained. Prior to the development of the draft plan of subdivision, an amendment to this zoning will be required. Agency Comments Town of Tillsonburg Engineering Services Department provided the following comments: Generally, Engineering services staff have concern with the proposed consent as it will complicate the servicing and orderly development of the lands. The development of the retained lands will be separate from the severed lands, and differing development timelines could hinder the ability of the retained lands to proceed. Specifically, Engineering Services has the following comments:  the Town has not received any engineering or servicing plans for review or approval since draft plan approval in 2008;  Town staff do not support accepting an unopened road allowance without appropriate securities and construction / development timelines being in place.  Staff recommend that ‘Street 3’ be constructed with full services and a portion of the plan be registered to provide legal access, a sanitary sewer outlet and watermain looping for the retained lands.  The draft plan is proposed to be serviced by watermain constructed within ‘Canary Street’ therefore an easement is required for the retained lands on Canary Street for watermain looping.  Staff recommend that Block 164 ‘Greenway’ be constructed in full to convey stormwater from the retained lands to the only stormwater outlet for the severed and retained lands, on North Street East near Falcon Road.  A 5m x 5m daylight triangle at the intersection of ‘Street 3’ & Canary shall be dedicated to the Town of Tillsonburg, free of all costs and encumbrances  Existing draft plan approval (32T-07006) will need to be redlined to modify conditions of draft approval to account for separate ownership of portions of the draft plan of subdivision.  Condition of consent to be the owner or future owner of retained lands waives any and all claims against the Town for lack of street frontage, sanitary outlet, stormwater outlet or water supply should the severed lands fail to be developed or infrastructure constructed in a timely manner.  Approval of the application requires a severance agreement, with the applicant committing to the full construction of ‘Street 3’ to provide legal access to the retained lands within an appropriate time period, with securities to be provided to the Town to ensure the street is constructed in a timely manner. Town of Tillsonburg Building Services Department provided the following comments:  Oxford County Public Works to verify that the severed lands can be serviced as proposed. Page 71 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 6 of 7 Oxford County Public Works Department provided the following comments:  0.3 m reserve required to be dedicated to Oxford County for the retained lands on North Street to restrict access to North Street east of ‘Street 3’, in accordance with the Traffic Impact Study;  3 m road widening on the north side of North Street, on the severed and retained lands, shall be dedicated to the County of Oxford, free of all costs and encumbrances;  A 5m x 5m daylight triangle at the intersection of ‘Street 3’ & North Street shall be dedicated to the County of Oxford, free of all costs and encumbrances; Bell Canada indicated that a 3 m wide easement, accommodating their buried telecommunications equipment is required on the western portion of the lands to be severed. Public Consultation Notice of the application was circulated to neighbouring property owners on September 25, 2018. As of the writing of this report, no comments have been received from the public. Planning Analysis The application for consent proposes sever a draft approved plan of subdivision, while retaining ‘Street 3’ of draft plan 32T-07006 to provide access to the lands to be retained. It is the intent of the applicant to provide for separate ownership of the draft approved lands, if the application is approved. Section 51(24) of the Planning Act provides review criteria for consents. One of the tests considers whether the proposed subdivision of land is premature or in the public interest. Planning staff are of the opinion that the proposed consent does not satisfy this test. It is the opinion of Planning staff that the proposed consent would complicate, and possibly jeopardize, the development potential of the retained lands. Currently, the subject lands exist as one parcel with one owner. If approved, the proposed consent would complicate the development of the draft plan of subdivision, and the future development of the retained parcel. The legal access and sanitary sewer outlet for the severed and retained lands is ‘Street 3’. The watermain proposed for the draft plan and the retained lands would loop from Canary Street to North Street East through ‘Street 3’. If the proposed consent is approved, the severed parcel (and draft plan of subdivision) is dependent on ‘Street 3’ on the retained lands to be constructed, and municipal services extended to Canary Street for access and servicing. If the retained lands were to seek draft plan approval, they would require the extension of a watermain from Canary Street, and would require the construction of stormwater management infrastructure to provide a legal drainage outlet. Although the applicant has provided suggested solutions to the above complications through the execution of severance agreements, indemnifications, and private agreements between the lands to be severed and retained, Planning staff and Town staff believe they are onerous and would not be required if a phase of the draft plan, including ‘Street 3’ and abutting lands, were constructed and registered. This would provide the legal access & sanitary outlet for the retained lands and would lessen the inter-dependence of the severed and retained parcels, and would allow them to develop on their own, without being subject to the development timelines of the other party. Page 72 of 336 Report No: CP 2018-296 COMMUNITY PLANNING Council Meeting: October 9, 2018 Page 7 of 7 As indicated by comments provided by Town staff, several conditions of approval are required for the orderly development of the lands if the application is approved. These include the requirement to enter into a severance agreement with appropriate securities with the Town regarding the design, approval, construction and timing of ‘Street 3’, conditions for appropriate easements, and a 0.3 m reserve to prevent access to North Street East in areas with poor sightlines (as required in the current draft plan approval), and a requirement to redline the draft plan of subdivision to revise conditions of draft approval to account for the separate ownership of the severed and retained parcels. As the proposed consent will facilitate separate ownership of two parcels that will be interconnected and dependent on each other for access and servicing, Planning staff are of the opinion that the proposed consent is not consistent with the criteria outlined in Section 10.3.4 of the Official Plan as the granting of the consent application will prejudice the future lot creation potential of the area, and the orderly development of the severed and retained lands. Conclusions In light of the foregoing, it is the opinion of this Office that the proposed severance is not consistent with the consent and subdivision criteria of the Planning Act, and is not consistent with the Official Plan review criteria for consents as the proposed consent is premature, and will compromise the development potential of the lands to be severed and retained. Planning staff suggest that a portion of draft approved plan of subdivision be registered, and ‘Street 3’ be constructed with municipal services, to provide legal access to the retained lands, and a legal sanitary outlet for the severed and retained lands. RECOMMENDATION It is recommended that Tillsonburg Council advise the Land Division Committee that the Town does not support the proposal to sever the subject property for the following reason: 1. The proposed consent is premature, not in the public interest, and complicates the future development of the lots to be severed and retained. SIGNATURES Authored by: Original Signed By Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: Original Signed By Gordon K. Hough, RPP, Director Page 73 of 336 July 30, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2820 Notes NAD_1983_UTM_Zone_17N 141 Meters 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) North StreetFalcon Road Tanager Drive Plate 1 - Location Map with Existing Zoning File No.: B18-34-7- Lindprop Corporation Part Lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg Subject Property Page 74 of 336 1:6,141 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 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) Plate 2 - Approved Draft Plan with Aerial Map Overlay File No.: B18-34-7- Lindprop Corporation Part lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg North Street Falcon Road Vance Drive Owl Drive Tanager Drive Severed Lands Retained Lands Page 75 of 336 Plate 3- Draft Approved Plan of Subdivision File No.: B18-34-7 Lindprop Corporation Part Lots 4 & 5, Concession 10 (Dereham), Town of TillsonburgSevered LandsRetained LandsPage 76 of 336 Report No: PW 2018-40 PUBLIC WORKS Council Date: October 24, 2018 Page 1 of 4 To: Warden and Members of County Council From: Director of Public Works Carmeuse Lime Category 3 Permit to Take Water, Renewal of Application – EBR Registry No. 013-3639 RECOMMENDATIONS 1. That, in response to EBR Registry No. 013-3639, County Council requests the Minister of Environment, Conservation and Parks to deem the Carmeuse Lime (Canada) Ltd.’s Permit-To-Take-Water (PTTW) application request incomplete until an environmental impact assessment and a detailed water monitoring program are completed along with fulsome dialogue and consultation between Oxford County staff, the MOECP and Carmeuse Lime (Canada) Ltd. to review and resolve the County’s concerns; 2. And further, that County Council endorse Oxford County’s October 5, 2018 submission (Attachment 1) to the Ministry of the Environment, Conservation and Park’s (MOECP) EBR Registry No. 013-3639 regarding Carmeuse Lime (Canada) Ltd’s Category 3 PTTW, Renewal of Application, as outlined in Report No. PW 2018-40; 3. And further, that Report No. PW 2018-40 be circulated to the Oxford MPP and Area Municipalities for information. REPORT HIGHLIGHTS  In August 2018, Carmeuse Lime (Canada) Ltd (Carmeuse Lime) submitted an application to the MOECP for the renewal of PTTW’s at the Carmeuse Lime quarry operations in the Ingersoll area which proposes recommendations that will increase the amount of water takings from the Quarry Ponds.  This report, in response to EBR Registry No. 013-3639, asks Council to request the Minister of Environment, Conservation and Parks to deem the Carmeuse Lime’s PTTW application request incomplete until an environmental impact assessment and a detailed water monitoring program are completed along with fulsome dialogue and consultation between Oxford County staff, the MOECP and Carmeuse Lime to review and resolve the Oxford’s concerns.  The report further seeks Council endorsement of Oxford County’s October 5, 2018 submission (Attachment 1) to the MOECP, in response to EBR Registry No. 013-3639, which outlines concerns that the proposed increased water takings by Carmeuse Lime may result in adverse impacts to municipal drinking water supplies, private well supplies and the environment. Page 77 of 336 Report No: PW 2018-40 PUBLIC WORKS Council Date: October 24, 2018 Page 2 of 4 Financial Impact There are no financial implications associated with this report. The Treasurer has reviewed this report and agrees with the financial impact information. Risks/Implications There are no risks or implications associated with the adoption of this report. Strategic Plan (2015-2018) County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting held May 27, 2015. The initiative contained within this report supports the Values and Strategic Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions: 3. ii. A County that Thinks Ahead and Wisely Shapes the Future – Implement development policies, land uses and community planning guidelines that: - Supports healthy communities within the built environment - 3. iii. A County that Thinks Ahead and Wisely Shapes the Future - Demonstrated commitment to sustainability by: - Ensuring that all significant decisions are informed by assessing all options with regard to the community, economic and environmental implications including: o Responsible environmental leadership and stewardship DISCUSSION Background In August 2018, Carmeuse Lime submitted an application to the MOECP for the renewal of a PTTW at the Carmeuse Lime quarry operations in the Ingersoll area. Their existing PTTW is outlined in PW 2014-32 and was approved by the Ministry of the Environment in 2014. Carmeuse Lime’s current PTTW application was posted to the Environmental Registry, EBR Registry No. 013-3639, for a 30-day public comment period, ending October 6, 2018. GHD Ltd also prepared a letter-report on behalf of Carmeuse Lime in support of the application. Carmeuse Lime actively pumps water at the quarry facility for dewatering purposes and industrial use (lime manufacturing and particulate control) and currently has two separate PTTWs which govern their water takings, both of which will expire on December 31, 2018. One PTTW deals with water takings from three large quarry ponds (East Quarry Pond, Centre Quarry Pond, and West Quarry Pond), four wells and the Thames River. The second PTTW deals with two relatively new wells that provide sources of water for industrial use. Page 78 of 336 Report No: PW 2018-40 PUBLIC WORKS Council Date: October 24, 2018 Page 3 of 4 Various conditions in the existing PTTWs outline the amount of water that can be taken from the three ponds. Specifically, for 305 days of the year, there is a lower permitted water taking from each of the three ponds. For the remaining 60 days of the year, there is a higher permitted water taking which is intended to allow for higher pumping rates during snow melt events and periods of heavy precipitation. Further, the existing PTTWs also provide for minimum water level elevations that must be maintained at each of the quarry ponds, being approximately 235 m ASL at the East Quarry Pond, 225 m ASL at the Centre Quarry Pond and 245 m ASL at the West Quarry Pond. Comments The County retained ARL Groundwater Resources Ltd (ARL) to review Carmeuse Lime’s application as well as the supporting report from GHD and subsequently submitted comments to the MOECP (EBR Registry No. 013-3639) on October 5, 2018. Comments were submitted in advance of Council endorsement to ensure receipt by the MOECP prior to the submission deadline of October 6, 2018. This submission is included with this report as Attachment 1 and summarized below. Under the new PTTW application, Carmeuse Lime is proposing to combine both of the existing PTTWs into a single new PTTW, effective January 1, 2019. Of concern to the County, the renewal application proposes recommendations which will increase the amount of water that can be taken from the West Quarry Pond and the Centre Quarry Pond. It is being proposed that the number of days at the higher pumping rates at the West Quarry Pond and the Centre Quarry Pond be increased from 60 days to 120 days each year. The report prepared by GHD notes that this change is intended to offset the expected effects of extreme climatic conditions and the desire to allow for increased dewatering to maintain mining under dry conditions. It should be noted that a technical analysis to support this reasoning has not been provided. Further, GHD is recommending that the minimum water level elevations at the West Quarry Pond be reduced from 245 to 235 m ASL. Unfortunately, Carmeuse Lime has not provided a comprehensive environmental impact assessment or a detailed monitoring program for the proposed changes, nor does GHD’s report address whether these proposed changes could lead to adverse effects. It is the County’s opinion that there are potential risks associated with the proposed changes to the water takings from the quarry ponds as decreased water levels in the wells could negatively impact the water supply available from existing County municipal supply wells in Ingersoll and Beachville, private wells in the area and the natural environment. Staff have therefore requested that the MOECP consider Carmeuse Lime’s PTTW renewal application to be incomplete until which time an environmental impact assessment study is undertaken and a detailed water monitoring program is submitted. Staff are further requesting that fulsome consultation occur between the County of Oxford, MOECP and Carmeuse Lime in order to address these concerns. Page 79 of 336 Report No: PW 2018-40 PUBLIC WORKS Council Date: October 24, 2018 Page 4 of 4 Conclusions In the absence of a comprehensive impact assessment study and a detailed water monitoring program, staff do not support Carmeuse Lime’s new PTTW application which proposes changes to the water takings from the quarry ponds. Until such information is provided and fulsome discussions between the County, MOECP and Carmeuse Lime occur, concerns exist that such changes may adversely impact groundwater users in the area, including the County municipal supply wells and private well owners, as well as the environment. SIGNATURES Report Author: Original signed by: Deborah Goudreau, P. Eng. Manager of Water and Wastewater Services Departmental Approval: Original signed by: David Simpson, P. Eng., PMP Director of Public Works Approved for submission: Original signed by: Peter M. Crockett, P.Eng. Chief Administrative Officer ATTACHMENTS Attachment 1: Oxford County Submission in Response to EBR Registry No. 013-3639, Carmeuse Lime (Canada) Ltd Permit to Take Water, Renewal of Application, October 5, 2018 Page 80 of 336 October 4, 2018 Permit to Take Water Coordinator Ministry of the Environment, Conservation and Parks Drinking Water and Environmental Compliance Division Southwestern Region 733 Exeter Road London, ON N6E 1L3 Re: Oxford County Review of Carmeuse Lime Permit to Take Water Renewal Application, EBR Registry Number 013-3639 Enclosed, please find Oxford County’s comments to EBR Registry Number 013-3639 with respect to Carmeuse Lime’s (Carmeuse) Category 3 Permit to Take Water (PTTW) Renewal Application. The County retained ARL Groundwater Resources Ltd. (ARL) to review the application and the supporting letter-report prepared by Carmeuse’s consultant, GHD Ltd. GHD’s letter-report does not confirm whether the proposed changes in Carmeuse’s PTTW (i.e. increased number of pumping days at higher water taking rate, reduction in quarry pond water levels, etc.) will negatively impact the County’s municipal water supplies (Ingersoll, Beachville), private well users in the surrounding area and/or the natural environment. Carmeuse has not provided a comprehensive impact assessment or detailed monitoring program for the proposed PTTW changes. In our opinion, there is risk that the proposed PTTW changes by Carmeuse will result in an adverse impact to municipal drinking water supplies, private well supplies and the environment. Accordingly, Carmeuse’s existing PTTW application request should be considered incomplete, until which time an environmental impact assessment study is undertaken along with the submission of a detailed water monitoring program. Further, we are requesting that fulsome consultation occur between the County of Oxford, MOECP and Carmeuse in order to address these concerns. Public Works 21 Reeve Street, PO Box 1614 Woodstock, ON N4S 7Y3 519.539.9800 I 1.800.755.0394 oxfordcounty.ca Attachment 1 to PW 2018-40 October 24, 2018 Page 81 of 336 2 / 2 Should you have any questions, please do not hesitate to contact me via email at dsimpson@oxfordcounty.ca or by phone at 519-539-9800 ext. 3100. Sincerely, David Simpson, P.Eng., PMP Director of Public Works Encl. ARL Groundwater Resources Ltd – Review of Carmeuse Lime PTTW Application, October 1, 2018 cc. Deb Goudreau, Oxford County Manager of Water and Wastewater Services Paul Eybergen, Oxford County Supervisor of Water Operations Page 82 of 336 ARL Groundwater Resources Ltd. 1 Category 3 PTTW Application Ayr, Ontario Carmeuse Lime (Canada) ARL Groundwater Resources Ltd. 13 Douglas Drive Ayr ON N0B 1E0 (519) 632-9887 October 1, 2018 Reference: 004 - 2018 County of Oxford 21 Reeve Street, Woodstock, ON N4S7Y3 Attention: Deborah Goudreau, P.Eng. Subject: Category 3 Permit to Take Water – Application for Renewal Carmeuse Lime (Canada) Limited County of Oxford, Ontaro In August 2018 Carmeuse Lime (Canada) Limited (Carmeuse Lime) submitted an application to the Ministry of the Environment, Conservation and Parks (MOECP) for renewal of Permits to Take Water (PTTW) at the Carmeuse Lime quarry operations in the Ingersoll area. GHD Limited (GHD), acting on behalf of Carmeuse Lime, have prepared a letter-report (August 20, 2018) in support of the application, which includes some recommendations concerning conditions associated with the water takings at the quarry. This letter provides comments on the renewal of the Carmeuse Lime PTTWs and some of the recommendations in the GHD letter-report that may affect the municipal production wells and private water wells in the area. Existing Water Takings and Proposed Changes According to the current and historical reporting provided by GHD, Carmeuse Lime actively pumps water at the quarry facility for dewatering purposes and industrial use (lime manufacturing and particulate control). Water is or has in the past been pumped from large ponds in the East, Centre and West parts of the quarry, mostly for dewatering and water control purposes. Water is (or has in the past) been taken from a number of wells at the site and from the Thames River for use in the lime manufacturing process and washing of trucks for particulate control. Currently, there are two separate PTTWs governing the water takings. One PTTW deals with water takings from three large ponds, four wells and the Thames River. This PTTW has existed in various forms for many years. The other PTTW was issued in August 2017 and deals with two relatively new wells that provide sources of water for industrial use. Both of the existing PTTWs expire on December 31, 2018 and the proposal is to combine both into one new PTTW that will take effect January 1, 2019. Page 83 of 336 ARL Groundwater Resources Ltd. 2 Category 3 PTTW Application Ayr, Ontario Carmeuse Lime (Canada) The main water takings at the site occur from the three large ponds in the East, Centre and West parts of the quarry (referred to as East Pond, Centre Pond and West Pond, respectively). The magnitude of the permitted water takings from the ponds is much larger than those for the other sources. Under the current PTTW, there is lower permitted water taking from each of the three ponds for 305 days of the year and higher permitted water taking for 60 days of the year. It is understood that the purpose of the 2 levels of water taking is to allow for higher pumping rates during snow melt events and periods of heavy precipitation. For the West Quarry Pond, the two permitted rates under the existing PTTW are 10,000 L/min and 34,700 L/min (each for 24 hours/day). For the Centre Quarry Pond the two rates are 30,000 L/min and 70,000 L/min. There are also other Conditions in the PTTW that affect the amount of water that can be taken from the three quarry ponds. Condition 3.4 requires that pumping from the East Quarry pond not allow the water level in the pond to fall below approximate elevation 235 m ASL. In Condition 3.5, pumping is not allowed to drop the Centre Quarry pond water level below approximate elevation 225 m ASL. In Condition 3.6, pumping is not allowed to drop the West Quarry pond water level below approximate elevation 245 m ASL. The current application for renewal proposes to increase the number of days at the higher pumping rates at the West Quarry Pond and Centre Quarry Pond from 60 days to 120 days per year. According to the GHD report (August 20, 2018), this change is due to the expected effects of extreme climatic conditions and the desire to allow for increased dewatering to maintain mining under dry conditions. A technical analysis to back up this reasoning is not provided in the report. In addition, the GHD report (August 20, 2018) recommends that Condition 3.6 of the PTTW be modified to so that the minimum West Quarry Pond water level elevation under dewatering conditions be changed from 245 to 235 m ASL. The report is silent on the expected effects of such a change on groundwater users in the area including the County municipal supply wells and private well owners. We note that Condition 3.7 of the existing PTTW states "Any proposal to lower the pond water level in the West Quarry to lower than 245 m above mean sea level or to drain the quarry to achieve dry floor conditions shall necessitate an amendment to the Permit. If such a proposal is submitted, it shall be accompanied by a report prepared by a qualified professional. The report shall address the potential for such a change to result in unacceptable impacts to local well supplies and to the natural environment". Concluding Remarks In our opinion, there is a risk that the proposed changes to the water takings from the quarry ponds will result in an adverse effect on the water supply available from existing County municipal supply wells in Ingersoll and Beachville, and possibly private wells in the area. The effects could occur by a way of a decline in water levels at the wells due to dewatering, particularly at the West Quarry pond. The existing application and accompanying report Page 84 of 336 ARL Groundwater Resources Ltd. 3 Category 3 PTTW Application Ayr, Ontario Carmeuse Lime (Canada) does not provide an impact assessment for the proposed changes. There is no mention of changes to the monitoring program that may be warranted. Respectfully submitted, ARL Groundwater Resources Ltd. A.R. (Tony) Lotimer, M.Sc., P.Geo. Principal Hydrogeologist Page 85 of 336 Report Title Fence Variance – 68 Concession Street West Report No. DCS 18-35 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date NOVEMBER 12, 2018 Attachments - 68 Concession Street West - Variance Request Page 1 / 6 1840980381,,,DCS 18-35 Fence Variance – 68 Concession Street West(1) RECOMMENDATION THAT Council receive report DCS 18-35 Fence Variance – 68 Concession Street West. AND THAT a variance to Fence By-Law 4007 be approved for the construction of a 2.15 m (7 feet) fence along a portion of the front (south) property line and a portion along the side (east) property line at 68 Concession Street West with the following conditions: (i) The fence is constructed entirely on the owner’s property; and (ii) Pedestrian movement can be maintained as proposed in the variance request. EXECUTIVE SUMMARY The construction of a new seven foot fence along the front property line located at 68 Concession Street West was identified by By-Law Services and in review; the fence height is in contravention of Fence By-Law 4007 as front yard fences in residential zones are only permitted to be 1.0 m (3 feet 3 inches) in height. As a result, staff advised the owner to cease any further construction and seek approval though a fence variance process. In this case the owner stopped construction as requested and submitted the attached request for relief from the Fence By-Law to permit a seven foot high privacy fence be placed along a portion of the front property line and a portion of the east side of the driveway. The purpose of the fence is to create privacy and prevent students that walk directly through the owner’s property at random locations up the hill to Glendale High School. The owner has indicated that the intent of the fence is to not block pedestrian movement, but rather direct pedestrians to a location on the property that the owner is willing to allow this pedestrian movement to take place. The proposed location and height of the fence is indicated on the following illustrations/site plan. Page 86 of 336 Page 2 / 6 CAO SITE PLAN Page 87 of 336 Page 3 / 6 CAO ELEVATION – LOOKING WEST PROPSED FENCE PANEL DESIGN Proposed fence location and height Page 88 of 336 Page 4 / 6 CAO Fence By-Law 4007 notes the following related to this request: SECTION 4 4.1 Height- Fence - Location No Person shall have, Construct, maintain or permit to be constructed or maintained a Fence on a Lot used for residential purposes except in accordance with all of the following requirements: (c) maximum Height of 1 metre (3 feet 3 inches) at any point in a Required Front Yard; In this case: - the proposed fence is 2.15m (7 feet). The municipality recognizes in “Section 11 – Variances and Delegation of Authority” of the by- law that there may be exceptions and therefore Council can consider variance requests. CONSULTATION/COMMUNICATION This application was referred to internal departments and the neighbouring property on Concession West and the following comments were received: i) By-Law Services noted that the elevation drop at the proposed fence along Concession West as it relates to the road elevation will not create any aesthetic or visual obstructions and therefore support this application. ii) Operations noted that the construction of the fence must be placed entirely on the owner’s property. Recommendation That the Town of Tillsonburg Council approve the variance to Fence By-Law 4007 for the construction of a 2.15 m (7 feet) fence along a portion of the front (south) property line and a portion along the side (east) property line at 68 Concession Street West with the following conditions: (i) The fence is constructed entirely on the owner’s property; and (ii) Pedestrian movement can be maintained as proposed in the variance request. The proposed variance along with the recommended conditions are: (i) reasonably desirable for the location and use of the land; Page 89 of 336 Page 5 / 6 CAO (ii) in-keeping with the general intent and purpose of the Town of Tillsonburg Fence By-law No. 4007; (iii) supportive of the Community Strategic Plan Objective 4 – Culture & Community FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT - Community Strategic Plan Objective 4 – Culture & Community Page 90 of 336 Page 6 / 6 CAO Report Approval Details Document Title: DCS 18-35 Fence Variance – 68 Concession Street West.docx Attachments: - Fence Variance Request - 68 Concession W.pdf Final Approval Date: Nov 2, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 2, 2018 - 10:27 AM Page 91 of 336 John and Marga Veldman 68 Concession Street West Tillsonburg, N4G 1R5 September 26, 2018 Re: Fence request To: The Town of Tillsonburg Dear Geno Vanhaelewyn, CBO This letter is to request a variance for the construction of a fence. It has been brought to our attention, after we have started the construction of the subject fence, that we need to request permission to erect a 7 foot high fence along the road side of our property at 68 Concession street, West, Tillsonburg. We would like to install a fence to create privacy and to keep the students, that walk through our property up the hill to Glendale Highschool, from walking directly through the property. We do not mind them walking through but they seem to take the path of least resistance and thus crossing at any point along the property line east of the bridge. We have created a designated path, landscaped and all, for them to cross our property and we have named the path: “Glendale Alley”. See pictures below. This pathway may also be used by the public as it is now separated by a fence on the east side of the property running north, as well. A bridge has been placed to cross the creek. We do have signs posted about the use of the “Glendale Alley” being at own risk. Again, we do not mind the students and others crossing our property but would like them to stay on the designated newly created pathway. Due to the unique nature of the property we request that the construction of the fence be allowed along the road for the above-mentioned reasons. The specifications of the fence are as follows: • 7 feet high from the grade level • 80% of the fence will be approximately 3 feet above the finished grade of the road. This is due to the fence being installed at the foot of the hill along Concession street, much lower than the road grade. • The fence is made with pressure treated posts and frame and will have pine boards as the fence boards. • Landscaping will be installed along the fence to dress it up. • See pictures for details of the fence. Page 92 of 336 • Please refer to drawing for the location of the fence. Please receive this letter as an official request to allow the construction of the fence as a variance to the Town of Tillsonburg’s bylaws as it relates to installation of fences in front yards along property lines. We appreciate your review and look forward to a positive resolution Sincerely, John and Marga Veldman Page 93 of 336 Page 94 of 336 Page 95 of 336 Page 96 of 336 Page 97 of 336 Report Title DocuPet Animal Licencing Report No. DCS 18-36 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date NOVEMBER 12, 2018 Attachments - DocuPet Council Presentation RECOMMENDATION THAT Council receives Report DCS 18-36 - DocuPet Animal Licencing as information; EXECUTIVE SUMMARY Tillsonburg has continued to witness strong growth necessitating the ongoing need to find operational efficiencies in order to serve the public. One such area of growth has been that of animal licensing. Staff has reviewed the licensing process and determined that significant staff time is being allocated to the animal licensing function. In order to effectively and efficiently use staff resources and increase customer service and communication, staff will be introducing the use of DocuPet on November 14, 2018 for animal licensing. BACKGROUND By-Law Services is committed to maintaining and improving levels of service to the community, residents and business owners. Animal Control By-Law 3507 requires all pets (cats and dogs) to be licensed within the Town. This initiative supports community health and safety, provides a program that returns lost pets to their owner and promotes animal adoption. Currently the administration of animal licencing for 3400+ (2018) registered pets is administered by Customer Service Representatives, Development Technician, By-Law Enforcement Officer and local vendors. Duties related to this include facilitating calls (complaints/inquiries), processing payments, assigning licences/tags, animal licence data entry, annual renewal mail outs, reporting and delinquent licencing follow-up. The amount of time required to administer the pet licencing program is very high and in order to offset administration; management was tasked to find a program that would assist with administration, tracking and communication. Several software solutions were considered and either the cost to implement or the lack of features/integration forced staff to consider increasing staff or find another solution. The DocuPet solution was referred by another municipality and the investigation of the program revealed that the services offered would provide the administration relief required plus much more at a cost that is relative to the Town providing the services currently. Although all of the administration will not disappear; the partnership established with DocuPet will transfer a majority of these duties as noted in the attached DocuPet presentation which will free up administrative duties without the need to increase staff. Over and above the administrative advantages; DocuPet will also maintain an interactive website and introduce and maintain marketing Page 98 of 336 2 CAO and communication solutions. Staff is particularly excited that DocuPet will provide added value to our residents in licencing their pets such as discounts, free products, etc. Staff has been working with DocuPet for the last month and the project development is well underway. DocuPet will be fully implemented on November 14, 2018 and will be available for all residents to licence and relicense their pets. This information will be communicated to the public via Tillsonburg Update Page, website, Facebook, Twitter and Instagram. FINANCIAL IMPACT/FUNDING SOURCE Financially, the introduction of DocuPet will cost $3.91/licence and $1.43 for mail outs which will replace costs the Town would endure to provide these services in the past. Any increase in licence sales is based on a performance model and are split 50/50 between DocuPet and the Town. COMMUNITY STRATEGIC PLAN (CSP) IMPACT - Community Strategic Plan Objective 4 – Culture & Community Page 99 of 336 3 CAO Report Approval Details Document Title: DCS 18-36 - DocuPet Animal Licencing.docx Attachments: - DocuPet Council Presentation.pdf Final Approval Date: Nov 5, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 5, 2018 - 8:38 AM Page 100 of 336 Partnering with DocuPet Town of Tillsonburg Page 101 of 336 Agenda ●Our Team ●What is DocuPet? ●The DocuPet Program ●The New Pet Owner Experience ●The New Administrator Experience ●Our Pricing Model ●Q & A Page 102 of 336 Our Team Savannah Vince Relationship Management Kayla Napier Customer Experience Dave Rossborough Marketing & Communications Kevin MacKenzie Consulting & Partner Development Grant Goodwin Chief Executive Officer Andrew Comber Chief Technology Officer ●Executive Team: 85+ Years Experience ●24 Employees ○Customer Services, Marketing, Development, Community Outreach, Relationship Management, and Fulfillment Specialists ●The trusted experts in municipal pet licensing -we can back it up ●The most complete pet licensing solution in the marketplace today -you get everything ●Proudly Canadian ●Proven Results ●One Mission (and one mission only): ○To combat the North American phenomenon of low pet licensing compliance. Page 103 of 336 ●Partnered with 25+ Municipalities in Canada and United States ●Average Annual Compliance Increase: +85% ●Average Per Licence Savings: $3.21 Built to Increase Pet License Compliance A Safe and Happy Home for Every Pet Page 104 of 336 Page 105 of 336 Incentives & Services Awareness Programs The DocuPet Program Convenience & Efficiencies Communication & Enforcement SmartTags & Lost Pet Services Gift Cards and Coupons Secure Online Profiles Community Canvassing Program Online Marketing Program Email Newsletters Event Attendance Online, Phone, Mail and Over-Counter Purchasing Mobile Optimized Automated Payment Renewals Automated Renewal Sequences Warning Letters and Compliance Reporting In-field Look-up and Reporting Program, Community and Pet Care Information Document Upload and Management Veterinarian Outreach & Education Program Page 106 of 336 Methods For Increasing Compliance 1.We Increase Awareness 1.We Make It More Convenient 1.We Incentivize Licensing 1.We Make Enforcement Simple Page 107 of 336 Tillsonburg Resident’s Experience Page 108 of 336 Online Licensing Platform Pet owners license online via community-branded, pet owner-centric website Page 109 of 336 Simple Registration Process -Secure Online Licensing Simple registration and renewal process, allows residents to license in less than 5 minutes Page 110 of 336 Online Profile Access to an online profile where pet owners upload important information about their pet, photos and essential contact information Page 111 of 336 Membership Package Each tag shipment includes a membership package with: ●Welcome letter and receipt ●DocuPet Rewards Card ●Coupons and vouchers (where available) ●Pet tags ●Program one-pager detailing benefits to pet owners, and important information about our HomeSafe Program Page 112 of 336 Pet Tags Tied to Online Pet Profiles ●Tags are etched with a unique code assigned to a licensed pet and associated with an online profile ●Our Fulfillment Department handles all tag ordering, inventory, and shipments ●All tags are shipped out with helpful program information, within 1 business day ●Option to keep tag for consecutive years, decreasing tag and shipping costs for the Town Page 113 of 336 Offline Licensing Options Call In, Counter Visits, Veterinarian Sales, Mail In ●Option to call DocuPet’s toll-free number and license their pets directly with the help of one of our customer service team members ●Pet owners will continue have the option to license via counter visits, participating veterinarian and pet store locations and by mail 60% of a new DocuPet clients existing user base typically comes online in the first year alone Page 114 of 336 Rewards Program Local and Relevant Rewards for Pet Owners ●Provide irrefutable value ●Our goal is to offer them value greater than the price of the licence ●Creating partnerships with local businesses so that everyone benefits Page 115 of 336 Customer Service 9am -8pm Using a robust ticket management tool, prioritization processes, optimized “macro” responses, and helpful content our team handles all inquiries related to: ●Licensing and renewing ●Account access, setup, and changes ●Fulfillment questions and issues ●Payment questions and issues ●Discounts and rewards ●Lost and found pets ●Vendor training and assistance Page 116 of 336 Tillsonburg Administrator’s Experience Page 117 of 336 Fully Outsourced Tag Fulfillment ●Fully customized, Tillsonburg branded tags ●Tag ordering and inventory management ●Next day order fulfillment from Canadian location Powered by DocuPet Page 118 of 336 Selling Licenses Page 119 of 336 In Field Lookup Your Data: Live and Always Accessible Enforcement officers can use any internet connected device to access admin.docupet.com, giving them access to live licensing data anytime, anywhere. Page 120 of 336 Reporting ●Access to live sales numbers & financial reporting using admin.docupet.com ●Customized monthly remittance reports ●Customized monthly health reports and performance evaluation ●Quarterly check-ins ●Yearly performance report & review Page 121 of 336 DocuPet Pricing Model The Turnkey Solution Is Free At Cost Fulfillment & Mailing Fees Performance Based Model Page 122 of 336 Q & A ? ? ? Page 123 of 336 Launching in Tillsonburg on November 14th, 2018! Page 124 of 336 Kevin MacKenzie Director, Consulting & Partnerships DocuPet Inc. 2 Gore Street, Kingston, ON, K7L 2L1 1-855-249-1370 x301 kevin.mackenzie@docupet.com www.docupet.com Page 125 of 336 Report Title Gibson Pedestrian Bridge Replacement Strategies Report No. OPS 18-30 Author Kevin De Leebeeck, P.Eng. Director of Operations Rick Cox, Director of Recreation, Culture and Parks Meeting Type Council Meeting Council Date November 12, 2018 Attachments Page 1 / 9 RECOMMENDATION THAT Council receive Report OPS 18-30 Gibson Pedestrian Bridge Replacement Strategies; AND THAT Council refer the recommended strategy for the Gibson Pedestrian Bridge replacement in the amount of $200,000 to the 2019 capital budget deliberations. BACKGROUND During the 2018 budget deliberations Council requested staff provide more information regarding the structure condition, environmental and design considerations, assessment of the community impact, and alternative structure improvement strategies with associated costs. SUMMARY 1.0 Current Structure Condition Gibson Pedestrian Bridge, constructed in approximately 1960, is located 90m southwest of Valley Road. The existing structure is an I-beam placed on its weak axis serving as a walking surface, supported by stacked concrete blocks at each end with a span of approximately 10.4m and width of approximately 0.67m. There is no indication that this structure has received any rehabilitation work since its installation. During the 2017 OSIM Inspection it was noted that there was an increase in the amount corrosion since the 2015 OSIM Inspection along with extensive pitting to the underside of the girder, deformations of the steel railing system and increased erosion at the north and south embankments as well as the gravel approaches. 2.0 Community Impact The Gibson Pedestrian Bridge is part of the Tillsonburg trail system and is on an existing trail that is classified as a “Natural Trail” in the Tillsonburg Trails Master Plan 2015. The Trails Master Plan contains the objectives of the trails system, including preserving environmentally sensitive areas, creating easily maintainable trails, and establishing reasonably accessible trails for all abilities. As identified in the Trails Master Plan, this existing section of trail is proposed to be connected to the overall trail system over the medium to long term (5 to 30 years). Currently, this trail is not connected to other trails within Tillsonburg by officially sanctioned trails, however serves as a pedestrian connection point between Valley Road and Gibson Drive. This connection supports: Page 126 of 336 Page 2 / 9  students required to walk to/from Glendale High School,  students who choose to walk to Westfield Public School, and  provides a shorter route of at least 650m from the West to the Glendale area, Tillsonburg Community Centre or Memorial Park 2.1 Glendale High School Students attending Glendale High School are eligible for school bus transportation if they live more than 3.0km away from the school. Residents of the 979 homes within the expanding subdivisions highlighted as orange, yellow and blue in Figure 1 below are most directly affected. Alternative walking routes are also shown in yellow via the Monsignor O’Neil grounds and pink via Victoria Ave. The Gibson Pedestrian Bridge provides the most direct connection to Glendale High School for all students within the 377 home (existing/planned) highlighted orange area. Students living within the 266 home (existing/planned) highlighted yellow area likely utilize either the Gibson Pedestrian Bridge connection of the Victoria Ave. (pink) route to commute to school. The Gibson Pedestrian Bridge connection and the Victoria Ave. (pink) route are more or less equidistant for students within the 366 existing home highlighted blue area to access Glendale High School. Figure 1: Glendale High School Impacted Area Page 127 of 336 Page 3 / 9 2.2 Westfield Public School Students attending Westfield Public School are eligible for school bus transportation if they live more than 1.6km away from the school. The 277 homes within the 1.6km radius highlighted green zone are also eligible for school bus transportation, but also allow students to walk to school. The Gibson Pedestrian Bridge provides a shorter safer route for those students who choose active transportation. Figure 2: Westfield Public School Impacted Area 3.0 Environmental Considerations The Gibson Pedestrian Bridge is located within the Long Point Region Conservation Authority (LPRCA) regulated area. Therefore a permit for development, interference with wetlands and alterations to shorelines and watercourses is required for any replacement work. The LPRCA has indicated that the structure is located over a cold water system with a corresponding timing window for allowable in-water works from July 1st to September 30th. The LPRCA also indicated that flood levels upstream and downstream of the structure must not be negatively impacted by replacement work. Contact with the Ministry of Natural Resources and Forestry (MNRF) revealed that Species at Risk (SAR) and SAR habitat may occur within the project area and may have the potential to be impacted by the replacement work. The MNRF recommends that a field assessment be undertaken by a qualified biologist to determine whether the replacement work may contravene the Endangered Species Act (ESA). Depending on the outcome of the field assessment, further coordination with MNRF may be required to ensure compliance with the ESA. Page 128 of 336 Page 4 / 9 Construction efforts will require access by equipment such as excavators, cranes, concrete pump trucks, etc. The grades to access the site from Valley Road are relatively flat and would not require any special grading to allow for the transportation of equipment to the site. However, destruction of some of the natural surroundings will be required to complete any replacement strategy. While the landscape is relatively open from Valley Road for the first approximately 70 metres, the remaining approximately 20 metres to the bridge will likely require the removal of mature trees to allow for access by construction vehicles. Frequent truck traffic which may include gravel and concrete trucks through a natural area may necessitate construction of access ways including built-up granular materials through the area. 4.0 Structure Improvement Strategies The replacement strategies and associated estimated construction costs for the Gibson Pedestrian Bridge are summarized below. The strategies include a removal option and four replacement options as well as the rational why a formal rehabilitation option was not considered. 4.1 Removal The removal option would include the removal of the structure and would not include any replacement works. The “do nothing” approach where the existing structure remains in place is not recommended given that the existing structure does not provide adequate structural capacity or serviceability required for pedestrian use or address the associated risk from an insurance liability perspective. Removal efforts would include the removal of the steel I-beam and the railing system, while the stacked concrete block abutments would remain in place in their existing location with the slopes undisturbed. Table 1: Advantages and Disadvantages of Removal Strategy Advantages Disadvantages Least amount of disturbance due to construction activities Discontinuity of natural trail makes future connection to trail systems more difficult Least costly strategy Trail users may place debris in watercourse during times of low water levels to maintain access. Increased distance (500m) for pedestrians to connect between QTL and Glendale High School 4.2 Rehabilitation The Gibson Pedestrian Bridge does not appear to be an engineered structure. A rehabilitation strategy would include the replacement or reinforcing of elements that do not meet current standards. Due to the large number of elements requiring replacement or reinforcing and the unknown presence, condition and configuration of the structure foundation, the rehabilitation of this structure is not a feasible option. Without completing a formal reinforcement design, it is estimated that rehabilitation efforts up to modern standards would considerably exceed the cost of a replacement structure. Page 129 of 336 Page 5 / 9 4.3 Replacement 4.3.1 Design Considerations Due to the long service life desired from any replacement structure, it would be prudent to consider the recommendations identified the Trails Master Plan to “future proof” the design should the trail change from the existing Natural Trail designation to a Secondary or Primary Trail designation. This includes adhering to current accessibility standards and increasing the traveled width from the existing 0.67m to 3.0m as described for Primary and Secondary Trails in the Trails Master Plan and in accordance with the Design of Public Spaces, Exterior Paths of Travel O.Reg. 191/11. Pedestrian safety was also considered for any proposed replacement structure. Due to the potential of slips or falls in close proximity to the watercourse, a railing system was considered over the replacement structure and on the immediate approaches. To ensure that flood levels upstream and downstream are not negatively impacted as indicated by the LPRCA, replacement structures would need to maintain the existing hydraulic opening. In addition the LPRCA indicated that natural erosion control systems are recommended where possible. The maximum trail grade identified in the Trails Master Plan is 10%. Therefore for the purpose of accessibility and to adhere to the Trails Master Plan, the objective of each replacement option would be to maintain a trail grade approaching the structure of less than 10%. 4.3.2 Replacement Options 4.3.2.1 Corrugated Steel Pipe A replacement structure consisting of a round or elliptical corrugated steel pipe (CSP) topped with granular fill material was considered. Structures sized to match the existing hydraulic opening would not be feasible for this application. The existing distance between the creek bed and the bottom of the existing bridge is estimated to be 2.5m. To obtain a similar hydraulic opening with an elliptical CSP within the watercourse banks, the rise of the structure from the creek bed to the underside of CSP would be over 4.2m, with an additional 0.5 m of granular material placed on top. This option would cause significant damage to the natural surroundings on the banks of the watercourse to attain the elevation required for the crossing. Maintaining the maximum 10% grades identified in the Trails Master Plan would require extensive regrading for this option on both sides of the structure. This is due to the aforementioned additional height of the structure to maintain the existing hydraulic opening. Additionally, the inclusion of a hand rail would be required to meet safety requirements. A handrail would need to be anchored into a solid structure, such as a concrete headwall. This will add additional costs and further disruption to the natural area, and the natural aesthetics of the surroundings. For these reasons, a CSP replacement is not a feasible option. Page 130 of 336 Page 6 / 9 4.3.2.2 Corrugated Steel Pipe Arch A corrugated steel pipe arch culvert (CSPA) with metal bin style retaining walls with tie- backs was considered as a replacement option. However, the narrow width of the structure (3 m) in combination with the required height for the hydraulic opening would not allow for adequate tie-backs for the retaining walls. Additionally maintaining the 10% trail grade would involve significant damage to the natural surroundings on both sides of the structure similar to the CSP option. Without the retaining wall, the structure would need to be widened to allow for a safe slope from the crest to the bottom of the banks on each site, typically a three to one slope or flatter. This would involve a large disruption to the surrounding natural environment, likely a 20 m clear width or greater on the structure approaches. For these reasons, a CSPA is not a feasible option 4.3.2.3 Concrete Box Culvert A concrete box culvert was considered as a replacement option. A concrete box culvert may be constructed as a precast box which is typically installed with a crane, or as a cast-in-place structure, where the concrete is paved and formed on site. This replacement option would include the removal of the existing structure, including the abutments, steel I-beam and remaining superstructure. As with any of the construction strategies, there will be a requirement for heavy equipment to access the site. This is likely highest for a concrete box culvert, which would require either a large crane to install a prefabricated concrete structure, or several concrete trucks and a concrete pumping truck for a cast-in-place structure. An advantage of a concrete box culvert is the service life, which is estimated to be 75 years. The obvious disadvantage of this option is the high cost and relatively extensive disruption to the natural surroundings. Table 2: Advantages and Disadvantages of Concrete Box Culvert Replacement Option Advantages Disadvantages Long service life (~75yrs) High cost of construction High level of disruption to the natural surroundings Relatively long construction duration Page 131 of 336 Page 7 / 9 4.3.2.4 Prefabricated Steel Bridge A prefabricated steel bridge was considered as a replacement option. Replacing the existing structure with a prefabricated steel bridge would involve removal of the existing structure, including the abutments, the steel I-beam and remaining superstructure. New abutments would be poured with reinforced cast-in-place concrete. The prefabricated steel bridge would be placed on the new abutments with a crane. An advantage of a prefabricated steel bridge is the moderate service life, which is estimated to be 50 years, the relatively low construction cost and moderate disruption of the natural surroundings. Table 3: Advantages and Disadvantages of Prefabricated Steel Bridge Replacement Option Advantages Disadvantages Moderate service life (~ 50yrs) Moderate level of disruption to the natural surroundings Relatively low construction cost Moderate service life (~ 50yrs) In summary the preferred Structure Improvement Strategy for the Gibson Pedestrian Bridge is Replacement with the recommendation of a Prefabricated Steel Bridge option. The removal option would also provide an acceptable solution, however the removal of the structure would disrupt established pedestrian traffic patterns and be contrary to the Trails Master Plan which proposes to connect the existing trail to the overall trail system over the medium to long term (5 to 30 years). CONSULTATION/COMMUNICATION The Director of Operations and Director of Recreation Culture and Parks collaborated during the development of this report. FINANCIAL IMPACT/FUNDING SOURCE The estimated cost of the various structure improvement strategies and replacement options are presented in the table below (excluding HST). Construction costs include removal of the existing bridge, installation of a replacement structure, construction access and restoration costs including the preparation, installation and removal of a temporary access road base. Non- construction costs include approval authority application review fees, engineering and construction management fees. Estimated costs are not presented for the options previously determined to be unfeasible. Page 132 of 336 Page 8 / 9 Table 4: Cost Comparison Strategy Construction Cost Est. Non-Construction Cost Est. Total Cost Est. Removal $15,000 $5,000 $20,000 Rehabilitation Not a feasible option Replacement w/ CSP Culvert Not a feasible option Replacement w/ CSP Arch Culvert Not a feasible option Replacement w/ Box Culvert $325,000 $50,000 $375,000 Replacement w/ Prefabricated Bridge $170,000 $30,000 $200,000 COMMUNITY STRATEGIC PLAN The replacement of the Gibson Pedestrian Bridge is supported within the Community Strategic Plan under Goal 3.3 – Support the aging population and an active senior citizenship through the installation of universal accessible infrastructure and under Goal 4.3 – Improve mobility and promote environmentally sustainable living. Page 133 of 336 Page 9 / 9 Report Approval Details Document Title: OPS 18-30 Gibson Pedestrain Bridge Replacement Strategies.docx Attachments: Final Approval Date: Nov 6, 2018 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Nov 2, 2018 - 2:38 PM David Calder - Nov 2, 2018 - 2:42 PM Donna Wilson - Nov 6, 2018 - 4:42 PM Page 134 of 336 Report Title Hanger 6 – Land Lease Report No. OPS 18-31 Author Dan Locke, CET., Manager of Public Works Meeting Type Council Meeting Council Date November 12, 2018 Attachments Hanger 6 – Wilkins to Gilvesy Land Lease Assignment Hanger 6 – Gilvesy Land Lease Agreement Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 18-31 Hanger 6 – Land Lease; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and Jeffery Wilkins for Hanger No. 6 be approved for assignment to George Gilvesy; AND THAT Mayor and Clerk be authorized to execute the Land Lease Assignment with Jeffery Wilkins and George Gilvesy; AND THAT Council approve the termination of the recently assigned Land Lease Agreement between the Corporation of the Town of Tillsonburg and George Gilvesy for Hanger 6; AND FURTHER THAT a By-law authorizing Mayor and Clerk to execute a new Land Lease Agreement with George Gilvesy for Hanger 6 be brought forward for Council consideration. SUMMARY On December 19, 2016 a Land Lease Agreement between the Corporation of the Town of Tillsonburg and Jeffery Wilkins was executed for a parcel of land at the Tillsonburg Airport that is known as Hanger No. 6. Jeffery Wilkins now desires to assign the original Land Lease Agreement to George Gilvesy as per the attached Land Lease Assignment. Both Town Staff and George Gilvesy have agreed that a new updated Land Lease Agreement (attached) for the full 20 year term be executed for Hanger 6. Therefore George Gilvesy and Town staff mutually desire to terminate the original Land Lease Agreement. The new Land Lease Agreement has updated language that aligns with the Rates & Fees by-law, increased protection for the Town, as well as a requirement to comply with Town criteria and provide a construction schedule, which in this case does not apply to an existing hanger. Mr. George Gilvesy has also executed the attached new Land Lease Agreement. FUNDING IMPACT/ FUNDING SOURCE There will be no financial impact to the Town by the execution of this new Land Lease Agreement with George Gilvesy. The same financial terms and conditions as contained within the original land lease remain in effect, including the provision of Rent. Page 135 of 336 Page 2 / 3 Page 136 of 336 Page 3 / 3 Report Approval Details Document Title: OPS 18-31 Hanger 6 - Land Lease.docx Attachments: - OPS 18-31 Attachment 1 - Wilkins to Gilvesy Land Lease Assignment.pdf - OPS 18-31 Attachment 2 - Gilvesy Land Lease Agreement.pdf Final Approval Date: Nov 8, 2018 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Nov 7, 2018 - 8:34 AM David Calder - Nov 7, 2018 - 8:37 AM Donna Wilson - Nov 8, 2018 - 8:42 AM Page 137 of 336 Page 138 of 336 Page 139 of 336 Page 140 of 336 Page 141 of 336 Page 142 of 336 Page 143 of 336 Page 144 of 336 Page 145 of 336 Page 146 of 336 Page 147 of 336 Page 148 of 336 Page 149 of 336 Page 150 of 336 Page 151 of 336 Page 152 of 336 Page 153 of 336 Report Title Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades Report No. RCP 18-32 Author Corey Hill, Parks & Facilities Manager Meeting Type Council Meeting Council Date November 12, 2018 Attachments Page 1 / 3 Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades RECOMMENDATION THAT Council receives Report RCP 18-032 – Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades; AND THAT Council award RFT2018-013 to Toews Power Systems for their tendered price of $35,603.00 before taxes. EXECUTIVE SUMMARY An RFT was issued to secure a contractor to replace the high bay & supplemental lighting in the Fleet area of the Public Works Building. The tender closed Friday, November 2, 2018 and seven responses to RFT2018-013 were received. Staff recommends awarding the work to Toews Power Systems for their tendered price of $35,603.00 before taxes. BACKGROUND As part of the approved 2018 business plan for the Recreation, Culture & Parks Department, a project to continue replacing high bay lighting with new LED fixtures was approved. In compliance with the Purchasing Policy, RFT2018-013 was issued to identify a preferred vendor to replace the existing lighting at the Public Works building with LED fixtures to save energy and improve lighting quality. Chorley & Bisset Consulting Engineers were hired to design the lighting plan and prepare the technical specifications for the project in order to ensure the objectives of a) improved lighting quality; b) operational efficiencies related to maintenance and controls; and c) energy savings were appropriately balanced. Seven submissions were received in response to the Tender. A summary of the bids (before applicable taxes) is listed below: Toews Power Systems $35,603 T.A. Thomson Electrical Contractors $43,825 Powerserve Inc $44,569 Motion Electrical Contracting Ltd $47,165 Arcadian Projects $50,586 Master In Electric $57,900 Big Ass Solutions Canada $65,233 Page 154 of 336 Page 2 / 3 CAO Staff recommends awarding the tender to Toews Power Systems as the respondent with the lowest price submission. FINANCIAL IMPACT/FUNDING SOURCE The work covered under this tender is approved in the 2018 capital budget for up to $50,000 funded through $40,000 of user pay debt and $10,000 from reserves accumulated from previous energy rebates and incentives. Any eligible incentives that the current project is eligible for will be applied for and the funds received contributed to reserves for future energy conservation projects. CONSULTATION/COMMUNICATION RCP staff consulted with Chorley & Bisset Consulting Engineers Conservation Demand Management specialists associated with Tillsonburg Hydro throughout the process to ensure that available rebate programs were being considered and appropriate paperwork prepared. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Page 155 of 336 Page 3 / 3 CAO Report Approval Details Document Title: RCP 18-032 – Awarding RFT2018-013 Tillsonburg Public Works Fleet Bay Lighting Upgrades.docx Attachments: Final Approval Date: Nov 7, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 7, 2018 - 11:30 AM Page 156 of 336 Report Title 2019 Rates and Fees for Recreation, Culture & Parks Report No. RCP 18-33 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date November 12, 2018 Attachments Schedule A – 2019 Rates & Fees for RCP Page 1 / 3 2019 Rates and Fees for Recreation, Culture & Parks RECOMMENDATION THAT Council receives report RCP 18-33 – 2019 Rates and Fees for Recreation, Culture & Parks; AND THAT the proposed 2019 rates & fees for RCP be approved AND THAT the changes be included in the 2019 Rates & Fees By-Law. EXECUTIVE SUMMARY Staff reviews Tillsonburg’s rates and fees on an annual basis to coincide with the budget process. The proposed changes to fees applied by the Recreation, Culture & Parks (RCP) Department are brought forward at this time so they can be published in the Winter Recreation Guide, scheduled for delivery on December 12, 2018 and applied to programs and services beginning January 1, 2019. BACKGROUND The fees charged by the Town for programs and services must be approved by Council. RCP staff review fees annually, considering appropriate comparisons with surrounding municipalities as well as input costs and other relevant data. The attached schedule of rates is broken into three sections – TCC, Museum, and Cemetery-Parks. These fees are being brought forward to Council in advance of other municipal departments to obtain approval prior to the publication of the Winter Recreation Guide. Approving them before the Winter Guide allows them to be applied beginning January 1, 2019. Not all fees are recommended for an increase. Most of the increases recommended for 2019 are set at 2% as users respond better to small but regular increases rather than large infrequent ones. Page 157 of 336 Page 2 / 3 CAO FINANCIAL IMPACT/FUNDING SOURCE The proposed adjusted fees are incorporated into the 2019 draft budget planning. By approving these changes prior to January 1 and the publication of the Winter Guide, the Town is able to apply them for the full 12 month calendar year, instead of only the April-December cycle. The estimated additional revenue secured by applying this 2% increase in 2019 is approximately $21,000. This estimate is calculated by applying 2% to the five-year average annual revenue from affected revenue streams, as outlined in the table to the right. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Revenue Stream Estimated Additional Revenue 3305 Admissions $2,144.64 3315 Memberships $3,451.85 3325 Sports Fields Fees $453.56 3330 Youth Program Fees $4,216.22 3335 Adult Program Fees $900.07 3340 Summer Programs $2,003.65 3350 Minor Hockey $3,553.04 3355 Figure Skating $1,079.52 3360 Programs $729.77 3500 Rent Revenue $2,844.27 $21,376.59 Note: estimate is based on 2% increase applied to 5-year average. Page 158 of 336 Page 3 / 3 CAO Report Approval Details Document Title: RCP 18-33 - 2019 Rates and Fees for Recreation, Culture and Parks.docx Attachments: - RCP 18-33 - ATT 01 - Compiled RCP 2019 Rates and fees.pdf Final Approval Date: Nov 7, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 7, 2018 - 1:15 PM Page 159 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesCommunity Centre - AquaticsAquafit - 10 passes 50.00 51.00 2% HST 10 passes UFS applicableAerobics - 10 passes 50.00 51.00 2% HST 10 passes UFS applicableAquafit - 20 passes 79.10 80.70 2% HST 20 passes UFS applicableAquatfit/Aerobics Classes - 50 passes 157.10 160.20 2% HST 50 passesAquafit/Aerobics Classes - 100 passes 277.40 282.90 2% HST 100 passesAerobics - 20 passes 77.50 79.10 2% HST 20 passes UFS applicableAerobics - 5 passes 35.20 35.90 2% HST 5 passes UFS applicable30 minute Swimming Lesson 53.00 54.10 2% Exempt 8 lessons Schedule V, Part VI, UFS Applicable45 minute Swimming Lesson 56.10 57.20 2% Exempt 8 lessons Schedule V, Part VI, UFS Applicable60 minute Swimming Lesson 59.20 60.40 2% Exempt 8 lessons Schedule V, Part VI, UFS ApplicableBronze Star 61.20 62.40 2% HST course UFS applicableBronze Medallion 76.00 77.50 2% HST per course UFS applicableBronze Cross 76.00 77.50 2% HST per course UFS applicableFirst Aid 76.00 77.50 2% HST per course UFS applicableFirst Aid Recert 53.00 54.10 2% HST per course UFS applicableNational Lifeguard 210.10 214.30 2% HST per course UFS applicableNational Lifeguard Recert 50.00 51.00 2% HST per course UFS applicableAssistant Swimming Instructors School 64.80 66.10 2% HST per course UFS applicableAdditional Fee 26.80 27.30 2% HST per course UFS applicableSwim for Life Instructors School 102.20 104.20 2% HST per course UFS applicableLifesaving Instructors 102.50 104.60 2% HST per course UFS applicableSwim/Lifesaving Instructors 210.10 214.30 2% HST per course UFS applicablePrivate Lessons (14+ years) 110.20 112.40 2% HST 6 classes UFS applicablePrivate Lessons 110.20 112.40 2% none 6 lessons Youth, UFS applicableLifesaving Sport Fundamentals 57.10 58.20 2% none 8 lessons YouthSwim Synchro Swimming Lessons 57.10 58.20 2% none 8 lessons YouthSynchronized Swimming Team 485.50 495.20 2% none 9 Months Youth, UFS applicableFirst Aid Instructor103.00 105.10 2% HST per courseNational Lifeguard Instructor 147.90 150.90 2% HST per course UFS applicableExaminer Standards/Advanced Instructors 37.20 37.90 2% HST per course UFS applicableCommunity Centre - classes, courses, and campsAdult Friendly Badminton 68.30 69.70 2% HST 13 lessonsBabysitting Course 53.00 54.10 2% Exempt 8hr course Schedule V, Part VIBus Trip - Base (Youth Trips) 55.00 56.10 2% ExemptBus Trip - Adults 170.00 173.40 2% HST Four Adult prices based on Location,Venue and Meal CostsBus Trip Adults 92.00 93.80 2% HSTBus Trip Adults 75.00 76.50 2% HSTBus Trip - Adults 65.00 66.30 2% HSTDance 30 min class 36.50 36.50 2% Exempt 6 lessons Schedule V, Part VIDance 45 min class 57.60 58.80 2% Exempt 6 lessonsDance 60 min class 65.80 67.10 2% Exempt 6 lessons Schedule V, Part VIFitness for Teens 68.90 70.30 2% HST 8 lessonsStability Ball 68.90 70.30 2% HST 6 lessonsFloor Gymnastics 53.80 54.90 2% HST 6 lessons new courseUltimate Mix Sports 36.50 37.20 2% HST 6 lessons new courseIndoor Soccer 36.50 37.20 2% HST 6 lessons new courseKarate - Kids Karate 58.10 59.30 2% Exempt 12 lessons Schedule V, Part VIKarate - Tiny Tigers 46.90 47.80 2% Exempt 12 lessons Schedule V, Part VICompiled RCP 2019 Rates and fees.xlsx11/6/20181Page 160 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesPreSchool Program 58.10 59.30 2% Exempt 10 lessons Schedule V, Part VILearn to Run (Clinic) 69.90 71.30 2% HST 12 lessonsWorkshops - 1/2 day 26.50 27.00 2% HSTWorkshops - Specialty Course 79.60 81.20 2% HSTWorkshops - 8 hours 106.10 108.20 2% HSTYoga 26.50 27.00 2% HST 6 lessonsYouth Boys/Girls Volleyball 36.50 36.50 0% HST 6 lessonsYouth Co-Ed Basketball Gr 5/6 36.50 36.50 0% HST 6 lessonsYouth March Break Program - daily 32.60 33.30 2% Exempt daily Schedule V, Part VIYouth Camp - week 131.60 134.20 2% Exempt week Schedule V, Part VIYouth Camp day 32.60 33.30 2% Exempt daily Schedule V, Part VIYouth Camp Lunch 5.90 6.00 2% Exempt each Schedule V, Part VIYouth Camp Special 181.60 185.20 2% Exempt week Schedule V, Part VIYouth Camp - short week 106.10 108.20 2% Exempt Schedule V, Part VICancellations less than 24 hours notice 70% of registration 70% of registration Community Centre - EventsRun - 10km - day of registration 52.00 53.00 2% HST per person Ties in with area racesRun - 10km - regular registration 41.80 42.60 2% HST per personRun - 10km - early bird registration 36.70 37.40 2% HST per person T Shirt includedRun - 5km - regular registration 36.70 37.40 2% HST per person Ties in with area racesRun - 5km - early bird registration 31.60 32.20 2% HST per person T Shirt includedRun - 5km - day of registration 46.90 47.80 2% HST per personBike Tour - 25km 20.40 20.80 2% HST per personBike Tour - 40km 40.80 41.60 2% HST per personBike Tour - 100km 61.20 62.40 2% HST per personBike Tour - 100mi 81.60 83.20 2% HST per personCommunity Centre - Facility RentalsArena - Weekdays before 5pm & after 11pm 91.80 93.60 2% HST hour Effective 2018 April- March 2019Arena - Weekdays after 5pm & weekends 171.40 174.80 2% HST hour Effective 2018 April- March 2019Arena - Minor 120.40 122.80 2% HST hour Effective 2018 April- March 2019Arena - Shinny 5.60 5.70 2% HST per personArena - Ice Flat Rate 416.20 424.50 2% HST per dayArena Floor - Commercial 2,193.00 2,236.90 2% HST per dayArena Floor - Full Use 31,652.40 32,285.40 2% HST per dayArena Floor - Flat Fee (no set up) 540.60 551.40 2% HST per dayArena Floor - Chilled Floor (additional fee) 2,080.80 2,122.40 2% HST per dayArena Floor - Hourly League Fee 66.80 68.10 2% HST per hourArena Floor - Set up Day/Tear Down Day 826.20 842.70 2% HST per dayArena Storage Room A 26.00 26.50 2% HST per monthArena Storage Room B 15.60 15.90 2% HST per monthArena Storage Room C 5.40 5.50 2% HST per monthArena - Mini Practice Rink 44.40 45.30 2% HST hourAuditorium - Friday or Saturday 520.20 530.60 2% HST per dayAuditorium - Sunday - Thursday 290.70 296.50 2% HST per eveningAuditorium - Hourly 58.70 59.90 2% HSTRoom Set up & Decorating Fee (Day before) 109.10 111.30 2% HSTBall Diamond - Occasional Use 78.00 79.60 2% HST per dayBall Diamond - Seasonal Youth Team 78.00 79.60 2% HSTCompiled RCP 2019 Rates and fees.xlsx11/6/20182Page 161 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesBall Diamond - Seasonal Team Practice 275.40 280.90 2% HST per teamBall Diamond - Seasonal Adult Team 453.90 463.00 2% HST per teamBall Diamond - 2-day Tournament (Annandale Diamonds) 535.50 546.20 2% HST 2 daysBall Diamond - Tournament per diamond per day 78.00 79.60 2% HST per diamond/dayBall Diamond - portable washrooms - 1 day tournament 204.00 208.10 2% HST 2 unitsBall Diamond - portable washrooms - 2 day tournament 255.00 260.10 2% HST 2 unitsTractor with Groomer - Prep Friday 77.50 79.10 2% HST per eventTractor with Groomer - Prep Saturday 38.80 39.60 2% HST per eventTractor with Groomer - Prep Sunday 38.80 39.60 2% HST per eventTractor with Groomer - Repair Monday 76.00 77.50 2% HST per eventAdministrative Fees 102.00 104.00 2% HST per eventSite clean up - 1 or 2 day event 166.00 169.30 2% HST 3 staffBall Diamond - Keys 11.70 11.90 2% HST Ball Diamonds - Lights left on/equipment not stored properly 50.00 51.00 2% HST per occurrenceDamage Deposit 510.00 520.20 2% NoneDen - Fri or Sat 177.50 181.10 2% HST per dayDen - Sun - Thursday 129.50 132.10 2% HST per dayDen - Hourly 31.10 31.70 2% HSTEntire TCC Building - 1 arena 9am-4pm 2,070.60 2,112.00 2% HSTEntire TCC Building - 2 arenas 9am-4pm 2,601.00 2,653.00 2% HSTGibson House 68.90 70.30 2% HST per dayGibson House - Hourly 27.00 27.50 2% HST per hourKinsmen Canteen 26.50 27.00 2% HST per dayLobby Area 31.90 32.50 2% HSTMarwood B or C 134.60 137.30 2% HST per dayMarwood BC 26.00 26.50 2% HST per dayMarwood B or C - Hourly 26.00 26.50 2% HSTMarwood BC - Hourly 31.10 31.70 2% HSTMemorial Pavilion (full) or Kinsmen Bandshell 89.90 91.70 2% HST per dayMemorial Pavilion (half) or Kinsmen Bandshell 56.10 57.20 2% HST per dayNewman Park Gazebo 54.60 55.70 2% HST per dayParking Lot 109.10 111.30 2% HST per dayRotary Room 68.90 70.30 2% HSTRotary Room - Hourly 26.50 27.00 2% HSTRowing Club per month 96.60 98.50 2% HSTSchool Lessons 3.70 3.80 2% Exempt per person Youth, UFS applicableSwim to Survive Rentals 89.50 91.30 2% Exempt per hour Youth, UFS applicableSwim Meet 307.10 313.20 2% HST per day UFS applicableSwim Meet Evening 150.54 153.60 2% HST per day UFS applicableStorage Pool Deck 27.00 27.50 2% HST per monthSwim Lane 15.30 15.60 2% HST per hourStorage Rooms 108.10 110.30 2% HST per contractStorage Office A 26.50 27.00 2% HST per monthStorage Office B 16.00 16.30 2% HST per monthStorage Office C 5.50 5.60 2% HST per monthPool - 0-50 swimmers 87.40 89.10 2% HST per hour UFS applicablePool - 101+swimmers 222.60 227.10 2% HST per hour UFS applicablePool - 51-100 swimmers 118.60 121.00 2% HST per hour UFS applicableCompiled RCP 2019 Rates and fees.xlsx11/6/20183Page 162 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesTicket Ice - 10 ePunch 7.30 7.40 2% HST each Change in HST applicationWaterPark - 0-100 swimmers 318.40 324.80 2% HST hour UFS applicableWaterPark- 0-100 swimmers - extra hour 212.20 216.40 2% HST add. Hr. UFS applicableWaterpark 101-300 swimmers 433.00 441.70 2% HST hour UFS applicableWaterpark 101-300 swimmers - extra hour 318.40 324.80 2% HST add. Hr. UFS applicableWaterpark 300+ swimmers 583.70 595.40 2% HST hour UFS applicableWaterpark 300+ swimmers - extra hour 461.60 470.80 2% HST add. Hr. UFS applicableWaterpark Board of Ed 100 swimmers 282.40 288.00 2% HST hour UFS applicableWaterpark Board of Ed 100 swimmers add. Hr. 156.90 160.00 2% HST add. Hr. UFS applicableWaterpark Board of Ed 100+ swimmers 502.10 512.10 2% HST hour UFS applicableWaterpark Board of Ed 100+ swimmers add. Hr. 251.10 256.10 2% HST add. Hr. UFS applicableCommunity Centre - Leagues and MembershipsAdult League - Individual 58.10 59.30 2% HST eachAdult League - Team 375.40 382.90 2% HST per teamCourt Membership - Adult 52.00 53.00 2% HST SeasonalCourt Membership - Youth 18.70 19.10 2% HST SeasonalDisc Golf - Deposit 20.40 20.80 2% N/ADisc Golf - Set 33.70 34.40 2% HST eachDisc Golf - Single 12.80 13.10 2% HST eachTennis Lessons - 1 hour 83.10 84.80 2% HST 8 lessonsTennis Lessons - 1/2 hour 36.50 37.20 2% HST 8 lessons YouthTennis Advanced Lessons - 1 hour 86.70 88.40 2% HST 8 lessonsMembership - Aqua Fit/Aqua Jogging - 12 mo 307.00 313.10 2% HST 12 month UFS applicableMembership - Fitness or Yoga- 10 Pass 50.00 51.00 2% HST 10 visitsMembership - Fitness or Yoga - 20 Pass 79.10 80.70 2% HST 20 visitsMembership - Parent Pass 35.20 35.90 2% HST 6 weeksMembership - Personal Training - 5 110.20 112.40 2% HST 5 sessions 1 hrMembership - Pool - 12 month 194.80 198.70 2% HST each UFS applicableMembership - Pool - 6 month 136.70 139.40 2% HST each UFS applicableMembership - Pool 20 Pass 64.80 66.10 2% HST each UFS applicableMembership - Weight Training 55.60 56.70 2% HST up to 6 hoursMembership - HC Adult - 01 month 71.90 73.30 2% HST 1 monthMembership - HC Adult - 03 month 188.70 192.50 2% HST 3 monthMembership - HC Adult - 06 month 275.40 280.90 2% HST 6 monthMembership - HC Adult - 12 month 422.30 430.70 2% HST 12 monthMembership - HC Adult - 5 pass 41.90 42.70 2% HST 5 visitsMembership - HC Adult - 20 Pass 167.30 170.60 2% HST 20 VisitsMembership - HC Family - 01 month 162.20 165.40 2% HST 1 monthMembership - HC Family - 03 month 404.90 413.00 2% HST 3 month Membership - HC Family - 06 month 603.80 615.90 2% HST 6 monthMembership - HC Family - 12 month 846.60 863.50 2% HST 12 monthMembership - HC Student/Senior - 01 month 58.10 59.30 2% HST 1 monthMembership - HC Student/Senior - 03 month 160.10 163.30 2% HST 3 monthCompiled RCP 2019 Rates and fees.xlsx11/6/20184Page 163 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesMembership - HC Student/Senior - 06 month 197.90 201.90 2% HST 6 monthMembership - HC Student/Senior - 12 month 312.10 318.30 2% HST 12 monthMembership - Student - 5 Passes 24.00 24.50 2% HST 5 visitsMembership- Student - 20 Passes 78.00 79.60 2% HSTMembership - HC Glendale Student 95.90 97.80 2% HST 5 MonthMembership - Special - Adult 275.40 280.90 2% HST 12 monthMembership - Special - Student/Senior 204.00 208.10 2% HST 12 monthMembership - Special - Under 14 57,010.00 58,150.20 2% HST 12 monthMembership - Replacement Card 5.10 5.20 2% HST eachMembership - Squash Adult - 01 month 69.90 71.30 2% HST 1 monthMembership - Squash Adult - 03 month 182.60 186.30 2% HST 1 monthMembership - Squash Adult - 06 month 268.30 273.70 2% HST 1 monthMembership - Squash Adult - 20 pass 86.70 88.40 2% HST 1 monthMembership - Squash Family - 01 month 157.10 160.20 2% HST 1 monthMembership - Squash Family - 03 month 391.70 399.50 2% HST 1 monthMembership - Squash Family - 06 month 588.50 600.30 2% HST 1 monthMembership - Squash Student - 01 month 57.00 58.10 2% HST 1 monthMembership - Squash Student - 03 month 160.10 163.30 2% HST 1 monthMembership - Squash Student - 06 month 197.90 201.90 2% HST 1 monthPay as you go - AdmissionAquatfit/Fitness/Yoga Class 7.50 7.50 0% HST included each UFS applicableBoard of Education - Squash/HC 2.75 2.75 0% HST includedBoard of Education - Arena/Pool 3.00 3.00 0% HST includedCourt Fee 5.00 5.00 0% HST includedDrop In Swimming Lessons 8.50 HST included per lesson UFS applicableDrop In Swimming Lessons - ea. Additional child 5.25 HST included per lesson UFS applicableHealth Club Adult 10.50 10.50 0% HST included eachHealth Club - Youth 4.75 4.75 0% HST included each Min Age of 12Squash 10.75 10.75 0% HST included per court (1 hr)Roller Skate - Admission No skate rental 2.00 2.00 0% HST includedRoller Skate - Admission With skate rental 5.00 5.00 0% HST includedSwim Child 2.00 2.00 0% HST included each UFS applicableSwim Family 9.00 9.00 0% HST included each UFS applicableSwim - Over 14 4.25 4.25 0% HST included each UFS applicableSkate Child 2.00 2.00 0% HST included eachSkate Family 9.00 9.00 0% HST included eachSkate - Over 14 4.25 4.25 0% HST included eachWallyball 11.50 11.70 2% HST included per court (1 hr)Waterpark 2-5 yrs - - 0% HST included eachWaterpark 60 years & over 4.50 4.50 0% HST included each UFS applicableWaterpark 60 years & Over Half Price 2.25 2.25 0% HST included each UFS applicableWaterpark 6-14 yrs 4.00 4.00 0% HST included each UFS applicableWaterpark 6-14 yrs Half Price 2.00 2.00 0% HST included each UFS applicableWaterpark Additional Family Member 2.00 2.00 0% HST included each UFS applicableCompiled RCP 2019 Rates and fees.xlsx11/6/20185Page 164 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesWaterpark Adult 6.75 6.75 0% HST included each UFS applicableWaterpark Adult Half Price 3.40 3.40 0% HST included each UFS applicableWaterpark Family 24.50 24.50 0% HST included per family of 5 UFS applicableWaterpark Family Half Price 12.25 12.25 0% HST included per family of 5 UFS applicableWaterpark Grandparents Day - - 0% HST included4-Month Community Skate/Swim/Waterpark Tillsonburg Resident Pass 30.00 30.00 0% HST per person UFS applicable4-Month Community Skate/Swim/Waterpark Non-resident Pass (Youth 6-13 & Srs 42.00 42.00 0% HST per person UFS applicable4-Month Community Skate/Swim/Waterpark Non-resident Pass (Adults 14-60) 62.00 62.00 0% HST per person UFS applicableCommunity Centre - Other feesAdmin - Refund Admin Fee 15.30 15.60 2% Exempt eachAdmin - Reprint receipt 5.10 5.20 2% Exempt eachAdmin - Consolidated Receipts (Child Tax Credit) 10.20 10.40 2% HSTAdmin - Copies - Single sided 0.27 0.30 2% HSTAdmin - Copies - Double sided 0.31 0.35 2% HSTUFS - Indoor Pool Resident User Fee Surcharge 1.00 1.00 0% each DiscontinuedUFS - Indoor Pool Non-Resident User Fee Surcharge 1.50 1.50 0% each DiscontinuedUFS - Outdoor Pool Resident User Fee Surcharge 1.00 1.00 0% each DiscontinuedUFS - Outdoor Pool Non-Resident User Fee Surcharge 1.50 1.50 0% each DiscontinuedUFS - Aquatics Facility User Fee Surcharge 1.50 0% each Operational requirementsAudio/Visual - Cordless Microphones 21.90 22.30 2% HSTAudio/Visual - TV/DVD Sound System 21.90 22.30 2% HSTCamping - Non Serviced per site 31.90 32.50 2% HSTCamping - Serviced per site 53.00 54.10 2% HSTRentals - 8' wooden tables 5.50 5.60 2% HSTRentals - Black plastic chairs 2.10 2.10 0% HST eachDelivery of Table & Chairs( per round trip) 26.50 27.00 2% HSTRentals - Black curtains/hardware rental per foot 2.60 2.70 2% HSTADVERTISING10% - 30% Reductions may apply to multiple advertising Advertising - Memorial Arena Board Back Lit 1,060.80 1,082.00 2% HST eachAdvertising - Community Arena Backlit 530.40 541.00 2%Advertising - Memorial Arena Board 688.50 702.30 2% HST eachAdvertising - Community Arena Board 423.30 431.80 2% HST eachAdvertising - Ice Re-Surfacer - Side 530.40 541.00 2% HSTAdvertising - Ice Re-Surfacer - Top 1,060.80 1,082.00 2% HSTAdvertising - Ice Re-Surfacer - 3 sides 2,346.00 2,392.90 2% HSTAdvertising - Inside Front/Back Page Glossy 1,555.50 1,586.60 2% HST eachAdvertising - Back Page Glossy 2,080.80 2,122.40 2% HST eachAdvertising - Brochure 1/8 page 106.10 108.20 2% HST eachAdvertising - Brochure 1/4 page 185.60 189.30 2% HST eachAdvertising - Brochure 1/2 page 317.20 323.50 2% HST eachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 624.20 636.70 2% HST eachAdvertising - Brochure Full page 634.40 647.10 2% HST eachAdvertising - Brochure Full page (internal corporate) 208.10 212.30 2% N/A eachAdvertising - Miscellaneous 106.10 108.20 2% HST eachAdvertising - Digital Ad Set up 20.70 21.10 2% HSTAdvertising - Digital Ad - Monthly(min. 3 mos term) 52.00 53.00 2% HSTA 2nd advertisement gets 10% off both, a 3rd ad gets 20% off all 3 and a 4th ad gets 30% off the total for all 4.Compiled RCP 2019 Rates and fees.xlsx11/6/20186Page 165 of 336 TCCPrograms 2018 Fee 2019 Fee % Change Tax Unit NotesAdvertising - Digital Ad - Tournament/Special Events 52.00 53.00 2% HSTAdvertising - Fence - Per Season 116.30 118.60 2% HST per seasonAdvertising - Fence - Per Year 232.60 237.30 2% HST annuallyCompiled RCP 2019 Rates and fees.xlsx11/6/20187Page 166 of 336 MuseumItem 2018 Fee 2019 Fee % Change Tax Unit NotesMuseumMuseum-Admission-Adult 5.31 6.00 13%HSTdailyMuseum-Admission-Annual-Family Rate 45.00 45.00 0% HSTyearlyMuseum-Admission-Annual-Individual 20.00 20.00 0% HSTyearlyMuseum-Admission-Child 2.21 2.21 0% HSTdailyMuseum-Admission-Family Rate 10.62 12.00 13%HSTdailyMuseum-Admission-Group Rate 4.00 4.00 0%HSTdailyMuseum-Admission-Senior 4.42 5.00 13%HSTdailyMuseum-Admission-Student 3.00 3.00 0%HSTdailyMuseum Volunteer-Admission-Free - - 0%FreeMuseum-Permission Fees-Personal Use 2.50 2.50 0%HSTeachMuseum-Permission Fees-Pubication Use 5.50 5.50 0%HSTeachMuseum-Rentals-Audio Visual Equipment-Corporate - - 0%Museum-Rentals-Program Room or Grounds & Gardens - 25 - 50 people 50.00 50.00 0%HSTeachMuseum-Rentals-Grounds & Gardens-Corporate 50.00 50.00 0%HSTeachMuseum-Rentals-Kitchen 25.00 25.00 0%HSTeachMuseum-Rentals-Kitchen - Corporate 35.00 35.00 0%HSTeachMuseum-Rentals-Program Room 50.00 50.00 0%HSThalf dayMuseum-Rentals-Program Room 75.00 75.00 0%HSTfull dayMuseum-Rentals-Program Room-Corporate 75.00 75.00 0%HSThalf dayMuseum-Rentals-Program Room-Corporate 100.00 100.00 0%HSTfull dayMuseum-Rentals-Tour Surcharge-Groups 100-150 100.00 100.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 25-50 60.00 60.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 51-100 75.00 75.00 0%HSTeachMuseum-Seasonal Childrens Programs 20.00 20.00 0%eachMuseum-Seasonal Childrens Programs- 2nd Child 18.00 18.00 0%eachMuseum- School Program- per student (1 hour) 2.50 2.50 0%eachMuseum - School Program - per student (2 hours) 3.50 3.50 0%eachMuseum- Special Event - Adult program 5.00 5.00 0%HSTeachMuseum - Special Event- Adult program 7.00 7.00 0%HSTeachCompiled RCP 2019 Rates and fees.xlsx 11/6/20188Page 167 of 336 MuseumItem 2018 Fee 2019 Fee % Change Tax Unit NotesMuseum - Special Event - Adult program 10.00 10.00 0%HSTeachMuseum - Special Event - Adult program 12.00 12.00 0%HSTeachMuseum-Slide Show Presentations-Off Site 40.00 40.00 0%HSTeachMuseum-Slide Show Presentations-On Site 30.00 30.00 0%HSTeachMuseum-Admission - Pratt Gallery only 2.50 2.50 0%HSTeachMuseum- Special Event- Lunch & Learn Series Pass 80.00 80.00 0%HSTMuseum- Special Event - Lunch & Learn- Single Pass 25.00 25.00 0%HSTMuseum - Special Event - Women's Day Luncheon 30.00 30.00 0%HSTMuseum- Special Event Tea 15.00 15.00 0%HSTMuseum - Special Event - Dinner 55.00 55.00 0%HSTper eventMuseum - Special Event - Performance 40.00 40.00 0%HSTWorkshops 35.00 35.00 0%HSTper eventWorkshops 55.00 55.00 0%HSTper event dayWorkshops 75.00 75.00 0%HSTper event dayWorkshops 100.00 100.00 0%HSTper event dayShow Tickets 45.00 45.00 0%HSTflat feeMuseum- Culture Tillsonburg Event Ticket 20.00 20.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 25.00 25.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 30.00 30.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 35.00 35.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 40.00 40.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 45.00 45.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 50.00 50.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 60.00 60.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 65.00 65.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 70.00 70.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 75.00 75.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 80.00 80.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 85.00 85.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 90.00 90.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 95.00 95.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 100.00 100.00 0%HSTMuseum- Special Event - Tea 7.00 HST New FeeMuseum-Special Event - Tea 12.00 HST New FeeMuseum- Special Event - Tea 20.00 HST New FeeMuseum- Special Event - Tea 25.00 HST New FeeMuseum- Special Event - Tea 30.00 HST New FeeWorkshop 15.00 HST New FeeWorkshop 20.00 HST New FeeWorkshop 25.00 HST New FeeWorkshop 30.00 HST New FeeWorkshop 40.00 HST New FeeWorkshop 45.00 HST New FeeWorkshop 50.00 HST New FeeWorkshop 60.00 HST New FeeCompiled RCP 2019 Rates and fees.xlsx 11/6/20189Page 168 of 336 MuseumItem 2018 Fee 2019 Fee % Change Tax Unit NotesWorkshop 65.00 HST New FeeWorkshop 70.00 HST New FeeWorkshop 80.00 HST New FeeWorkshop 85.00 HST New FeeWorkshop 90.00 HST New FeeWorkshop 95.00 HST New FeeBus Trip 45.00 HST New FeeBus Trip 50.00 HST New FeeBus Trip 55.00 HST New FeeBus Trip 60.00 HST New FeeBus Trip 65.00 HST New FeeBus Trip 70.00 HST New FeeBus Trip 75.00 HST New FeeBus Trip 80.00 HST New FeeBus Trip 85.00 HST New FeeBus Trip 90.00 HST New FeeBus Trip 95.00 HST New FeeBus Trip 100.00 HST New FeeBus Trip 110.00 HST New FeeBus Trip 115.00 HST New FeeBus Trip 120.00 HST New FeeBus Trip 125.00 HST New FeeBus Trip 130.00 HST New FeeBus Trip 135.00 HST New FeeCompiled RCP 2019 Rates and fees.xlsx 11/6/201810Page 169 of 336 Cemetery‐ParksItem 2018 Fee2018 Perpetual Care Fee 2018 Net Fee 2019 Fee2019 Perpetual Care Fee 2019 Net Fee % Change Tax Unit NotesInterment Rights Perpetual care fees regulated by the ProvinceGrave 10 x 4 700.00 280.00 420.00 700.00 280.00 420.00 0% HST grave All perpetual care fees regulated by the ProvinceInfant Grave 3X3 225.00 150.00 75.00 225.00 150.00 75.00 0% HST graveCremation Grave 3x3 550.00 220.00 330.00 550.00 220.00 330.00 0% HST graveColumbarium Niche 1,900.00 285.00 1,615.00 1,900.00 285.00 1,615.00 0% HST niche Includes brass nameplate and datesColumbarium Niche 1,500.00 225.00 1,275.00 1,500.00 225.00 1,275.00 0% HST niche Includes brass nameplate and datesCemetery Services - Cemeteries Regulation Unit burial and cremation license 12.00 12.00 12.00 12.00 0% NO HST interment This fee is set by the ProvinceColumbarium Niche Open/Close 255.00 255.00 200.00 200.00 -22% HST each Fee was reviewed and reduced.Adult Interment 835.00 835.00 835.00 835.00 0% HST eachLead in fee, per 1/2 hour minimum 30.00 30.00 30.00 30.00 HSTper 1/2 hourCharged if lead in requested by Funeral HomeChild/ Infant Interment 300.00 300.00 300.00 300.00 0% HST each (length is 5' or less)Cremated Remains Interment Infant 300.00 300.00 200.00 200.00 -33% HST each Fee was reviewed and reduced.Cremated Remains Interment Adult 475.00 475.00 350.00 350.00 -26% HST each Fee was reviewed and reduced.Statutory Holidays - Funeral FeeHST each Never used in last 5 yearsDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket 2,087.50 2,087.50 2,087.50 2,087.50 0% HST each Seldom used. 2.5 times adult interment feeDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket in Vault 1,878.75 1,878.75 1,878.75 1,878.75 0% HST each Seldom used. 2.25 times adult interment fee.Disinterment/Exhumation- Relocation in Another Cemetery-Adult Casket 1,565.63 1,565.63 1,565.63 1,565.63 0% HST each Seldom used. 75% of same-cemetery feeDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket in Vault 1,409.06 1,409.06 1,409.06 1,409.06 0% HST each Seldom used. 75% of same-cemetery feeDisinterment/Exhumation-Child Casket 750.00 750.00 750.00 750.00 0% HST each (length is 5' or less)Disinterment/Exhumation-Adult Cremains (Ground) 475.00 475.00 475.00 475.00 HST eachDisinterment/Exhumation-Child/Infant Cremains (Ground) 300.00 300.00 300.00 300.00 0% HST eachMarker/Foundation ServicesUpright Monument Foundation (5' depth) 22.50 22.50 22.50 22.50 0% HSTper cubic foot Increase costs in concrete mix/gravel Veteran Standing Monument Setting 200.00 200.00 200.00 200.00 0% HST eachUpright Monument (small) with Floater/Slab Foundation 170.00 170.00 170.00 170.00 0% HST eachFlat Marker with Granite Border & no concrete 40.00 40.00 40.00 40.00 0% HST eachFlat Marker with 4" concrete border 100.00 100.00 100.00 100.00 0% HST eachUpright Monument (small) Foundation 170.00 170.00 170.00 170.00 0% HST each Seldom used.Monument Care & MaintenanceFlat Markers 50.00 50.00 50.00 50.00 0% HST eachUpright Markers Up to 48" 100.00 100.00 100.00 100.00 0% HST eachUpright Markers Over 48" 200.00 200.00 200.00 200.00 0% HST eachOther Fees & ServicesTransfer Fee/Replacement - Interment Rights Certificate 45.00 45.00 45.00 45.00 0% HST eachFlower Campaign 100.00 100.00 100.00 100.00 0% HST basketWreath Campaign 60.00 60.00 60.00 60.00 0% HST wreathMemorial Benches 1,650.00 1,800.00 200 2,000.00 21% HSTeachBench cost increase and contribution to reserve allocationThese fees are set by the Province. 50% surcharge on applicable interment fee 50% surcharge on applicable interment fee Compiled RCP 2019 Rates and fees.xlsx11/6/201811Page 170 of 336 Report Title J.L. Scott McLean Outdoor Recreation Pad Agreement Report No. RCP 18-34 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date November 12, 2018 Attachments  Permission to Access and Modify Lands Agreement Page 1 / 3 J.L. Scott McLean Outdoor Recreation Pad Agreement RECOMMENDATION THAT Council receives Report RCP 18-34 – J.L. Scott McLean Outdoor Recreation Pad Agreement; AND THAT Council agrees that when the pad is complete it will be turned over to the Town, which will fund the ongoing operational and maintenance costs; AND THAT a By-law authorizing Mayor and Clerk to execute a Permission to Access and Modify Lands Agreement be brought forward for Council consideration EXECUTIVE SUMMARY The legal agreement between the Town and the J.L. Scott McLean Memorial Legacy Fund regarding the community-funded construction of the J.L. Scott McLean Outdoor Recreation Pad has been finalized. Operating Principles have also been prepared to set out the understanding between the Legacy Fund and the Town with respect to how the Pad will be operated, and is attached as Schedule D to the Agreement. The agreement requires Council authorization. BACKGROUND Permission via site plan approval to construct an Outdoor Recreation Pad was authorized by Council at the Council Meeting on July 9, 2018 through the following resolution: Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council directs staff to approve Site Plan Application TSPC 7-188, to facilitate the construction of a multi-use recreational pad, on lands legally described as Lots 121, 541, 545Q, 545R, 564, & Part Lots 122 & 123, Plan 500, Tillsonburg, known municipally as 45 Hardy Avenue. Carried In addition to the site plan approval, the Town’s solicitors recommended that the Town and the Legacy Fund enter into an Agreement granting the Legacy Fund Permission to Access and Modify Lands. The Agreement was drafted by the Town solicitors with input from staff and the Legacy Fund has agreed to the terms contained within it. The Permission to Access and Modify Lands Agreement is in reference to the construction of the Pad and the funding of that work. Page 171 of 336 Page 2 / 3 J.L. Scott McLean Outdoor Recreation Pad Agreement To ensure that once the facility is constructed it is operated in a manner consistent with the expectations of the Legacy Fund, Operating Principles were developed by staff in consultation with the Legacy Fund. The Operating Principles set out the vision for the Outdoor Recreation Pad and documents the understanding between the Town and the Legacy Fund with respect to how the facility will be operated and is included as Schedule D of the Permission to Access and Modify Lands Agreement. FINANCIAL IMPACT/FUNDING SOURCE The Permission to Access and Modify Lands Agreement ensures that the Legacy Fund has all of the necessary funds in place to pay for the construction of the Outdoor Recreation Pad within the area identified as in the Site Plan Agreement (reproduced in the illustration to the right). The Town is in possession of $385,214.46 in cash, a letter of commitment for $97,250, and confirmation of in-kind contributions of $230,168, for a total of $712,632.46. There will be Town costs to re-establish the asphalt surface of the emergency route west of the outdoor pad and the snow melt and resurfacer access area to the south of the pad. These costs are outlined in a separate report (RCP 18-35). There will also be Town costs to establish the parking area north of the pad, and this project is expected to be brought forward as part of the 2019 budget and workplan deliberations. The Operating Principles commit the Town to the ongoing maintenance and operating costs of the facility, and also to operating it on a free-to-use basis. The operating costs will be determined by the level of service approved by Council, but at minimum will include the costs for utilities (hydro, gas, water) to operate the facility, staff time to build and maintain the ice in a safe manner and in a condition appropriate to the Legacy’s vision. The Town will also need to provide storage for the equipment required to operate the facility. The Town will include this new facility in the Asset Management Plan and be required to fund capital repairs over the life cycle of the facility. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This report provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Page 172 of 336 Page 3 / 3 J.L. Scott McLean Outdoor Recreation Pad Agreement Report Approval Details Document Title: RCP 18-34 - J.L.Scott McLean Outdoor Recreation Pad Agreements.docx Attachments: - RCP 18-34 - ATT 01 - Permission to Access and Modify Agreement with Schedules.pdf Final Approval Date: Nov 7, 2018 This report and all of its attachments were approved and signed as outlined below: David Calder - Nov 7, 2018 - 3:12 PM Page 173 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT THIS AGREEMENT is made the __13_______ day of__November______, 2018_____ BETWEEN: The Corporation of the Town of Tillsonburg, a municipal corporation incorporated under the laws of Ontario, and with offices at 204-200 Broadway, Tillsonburg, Ontario N4G 5A7 (the “Town”) OF THE FIRST PART AND: The J.L. Scott McLean Memorial Legacy Fund, a non-profit trust established under the laws of Ontario, and with offices c/o Box 307, Tillsonburg, ON N4G 4H5 (the “Legacy”) OF THE SECOND PART WHEREAS, the Legacy wishes to construct an outdoor recreation pad in Memorial Park, Tillsonburg; WHEREAS, the Legacy has raised the funds necessary for the construction of the proposed outdoor recreation pad; WHEREAS, the Town wishes to permit the construction of the outdoor recreation pad at Memorial Park; WHEREAS, the Legacy and Town wish for the outdoor recreation pad to be the property of the Town and available for use by the public at the discretion of the Town; NOW THEREFORE, in consideration of the terms and conditions described below and the sum of $1.00 paid by each party to the other party, the Page 174 of 336 - 2 - sufficiency and receipt of which is hereby acknowledged, the Town and the Legacy agree as follows: Definitions 1.0 “Consultant” means a licensed engineer or architect engaged by the Legacy to act as the consultant on the Project. “Project” means the construction of the proposed J.L. Scott McLean Memorial outdoor recreation pad and basketball facility, with all attendant facilities including, but not limited to, the refrigeration plant capable of maintaining a viable ice surface. “Subject Lands” means that property owned by the Town of Tillsonburg on which the Project is being constructed. Schedules 2.0 The following schedules are attached to this Agreement and form part of the Agreement: Schedule A: J.L. Scott McLean Memorial Legacy Fund Letter of Commitment Schedule B: CCDC14 Design-Build Stipulated Price Contract between J.L. Scott McLean Memorial Legacy Fund and PK Construction Inc. including a Project Summary with costs. Schedule C: Parcel Register for Memorial Park Schedule D: J.L. Scott McLean Outdoor Pad Operating Principles Access to Town Lands 3.0 The Town grants to the Legacy access, including the right to restrict the access of others (excluding the Town and its representatives), to that portion of Memorial Park on which it has proposed to build the Project, and further grants permission but does not require the Legacy to construct the Project, subject to approval of the plans (and any revisions to the plans) for the Project by the Town. 4.0 Any construction which does occur upon the Subject Lands by the Legacy shall be done by a general contractor qualified to carry out such construction. 5.0 At the conclusion of this Agreement, the right of access to the Legacy shall expire and the Town shall be permitted to allow access to the Page 175 of 336 - 3 - Subject Lands and use of the Project facilities as it deems appropriate. All future maintenance and discretion for use of the Project shall be at the sole responsibility and discretion of the Town, subject to the Operating Principles Agreement (Schedule D). 6.0 At all times the Subject Lands shall remain the property of the Town of Tillsonburg. Nothing in this Agreement shall be construed to grant the Legacy a lease over those lands, nor shall it grant any right in land over the Subject Lands, in law or equity. 7.0 Any fixture which is attached to the area over which the Legacy has access shall immediately become the property of the Town at the time it is affixed to the land owned by the Town. 8.0 The Town has the express power to terminate this Agreement at any time, regardless of the status of the Project, and assume, if it should so desire, the obligations of completing the Project, or not, in its sole and absolute discretion. Term of Agreement 9.0 The access described in Article 3.0 shall extend for as long as the Town deems it to be appropriate in its sole and absolute discretion and in any case for a period not to exceed three (3) years. No Assignment by Legacy 10.0 The right to access to the lands subject to this Agreement may not be transferred by the Legacy to any party without the express written permission of the Town. Assignment of the Construction Contract 11.0 Any contract for the construction of the Project to which the Legacy is a party shall contain a provision permitting the Legacy to assign its rights and interest in such a contract to the Town. 12.0 At the direction of the Town, the Legacy shall assign the contract to construct the Project to the Town. Representations of the Legacy Page 176 of 336 - 4 - 13.0 The Legacy represents that it was established as described in the Legacy Agreement attached as Schedule A. The Legacy states that to further its established purpose it wishes to construct the Project in Memorial Park in Tillsonburg. 14.0 Funds required for this purpose have been raised by the Legacy from bequests and donations made to the Legacy by others wishing to support the objectives of the Legacy, as detailed in the construction cost estimate for the Project attached as Schedule B. 15.0 The Legacy is willing and able to construct the Project entirely from the resources it has raised to the specifications described in Schedule B. The Legacy does not require financing to complete the project and has issued a Letter of Commitment to the Town (Schedule A).. Representations of the Town 16.0 The Town represents that it holds good and valid title to the Subject Lands, municipally known as Memorial Park, free of all liens and encumbrances, as described in the parcel register attached as Schedule D. 17.0 The Town currently holds $385,214.46 in trust for the Legacy for the express stated purpose that it be used in the construction of the Project. Those funds will be released as set out below. Covenants of the Town 18.0 The Town covenants that it will pass all requisite resolutions to authorize the granting of access to the lands subject to this Agreement. Approval of the Project 19.0 All Plans and financing projections, including but not limited to those in Schedule B, are subject to approval by the Town before construction by the Legacy of the Project shall commence. 20.0 Any revision of the Project documents in Schedule B must be approved by the Town. 21.0 The Legacy shall at all times employ a Consultant who shall oversee and provide administration of the construction of the Project. Page 177 of 336 - 5 - Protection of Persons and Property 22.0 The Legacy covenants that it will maintain adequate security over those areas subject to this Agreement so as to prevent harm to members of the public. 23.0 The Legacy shall protect the Project and the Town’s property and any adjacent property to the Subject Lands from damage which may arise as the result of the Legacy’s operations under this Agreement, and shall be responsible for such damage. 24.0 Prior to the commencement of the Project the Legacy shall apply for and receive all necessary approvals including building permit and determining the location of all underground utilities. 25.0 Should the Legacy, in the construction of the Project, cause damage to the Subject Property or adjacent property, the Legacy shall be responsible for repairing such damage at its own expense. Release of Funds Held by Town in Trust 26.0 Applications for release of the funds held in trust by the Town for the Legacy shall only be made once those funds held directly by the Legacy have been expended in construction of the Project. 27.0 Applications for release of funds may be made monthly by the Legacy as the Project progresses. Each such application shall be supported by a payment certificate signed by the Consultant, which certificate shall set out the value of work completed to date and the estimated costs to complete the Project. 28.0 The Town shall at all times retain from the funds it holds in trust an amount no less than the statutory holdback plus the estimated amount to complete the Project. 29.0 In the event that the construction contract is assigned to the Town or the Town otherwise assumes construction of the Project, the Town is hereby authorized to use the funds it holds in trust to pay for the costs of construction. Page 178 of 336 - 6 - 30.0 The statutory holdback retained by the Town shall be released no earlier than 46 days following publication of a Certificate of Substantial Performance. Communication during Construction of the Project 31.0 All written communication between the Legacy and any party with whom the Legacy has contracted to construct the Project shall also be sent to a representative of the Town as nominated by the Town. Liens on Town Property 32.0 Should the Legacy become aware that a lien has been registered against any lands owned by the Town for any reason related to the Project the Legacy shall immediately inform the Town and take all necessary steps to have the lien removed at its own expense. 33.0 The Town may, at its discretion, use the funds it holds in trust for the Legacy to vacate or discharge any lien or to pay any lien claimant amounts claimed to be due. Financing and Bonding 34.0 Should the Legacy require financing to complete the Project, it will obtain the written permission of the Town before obtaining any financing. 35.0 The Legacy shall not, in the course of obtaining financing or for any other purpose, grant security over any of the lands to which it has access for the purpose of the Project. 36.0 The Legacy shall, at the request of the Town, furnish to the Town reasonable evidence that any financial arrangements made to complete the Project are in good standing. Indemnification 37.0 Except where otherwise prohibited by law, the Town is hereby indemnified and saved harmless out of the funds of the Legacy, from and against: Page 179 of 336 - 7 - a. all costs, charges and expenses whatsoever (including amounts paid to settle an action or to satisfy a judgment) that the Town sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against the Town, for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by the Legacy, including breach of this Agreement, in or about the execution of the terms of this Agreement; and, b. all other costs, charges and expenses that the Town sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by the wilful neglect or default of the Town or its lawful representatives. 38.0 The Legacy shall purchase and maintain insurance against any liability incurred by the Legacy, which insurance shall name the Town as a named insured. The obligation to obtain such insurance shall not limit in any way the Legacy’s obligation to indemnify the Town as set out herein. Such insurance shall have a maximum coverage of not less than $5,000,000. Hazardous Materials 39.0 The Legacy will not bring any hazardous materials to those areas subject to this Agreement without the express permission of the Town, and it shall in any case remain solely responsible for any damage which occurs as a result of the presence of any hazardous substance. 40.0 The Town may stipulate any reasonable condition for the transport and storage of any hazardous materials to, from or on the site of the Project. Dispute Resolution 41.0 All disputes under this Agreement shall be referred to an arbitrator in accordance with the Arbitration Act, 1991, S.O. 1991. The Town may elect, at its sole and absolute discretion, to waive this clause. Page 180 of 336 - 8 - Entire Agreement, Modifications, Headings, Severability 42.0 The parties acknowledge that this Agreement constitutes the entire Agreement between them and supersedes all prior representations, warranties, agreements, and understandings, oral or written, between the parties with respect to its subject matter. Unless stated otherwise in this Agreement, this Agreement may not be modified except in writing signed by both parties. The headings to this Agreement are for convenience and reference purposes only and shall not constitute a part of the Agreement. If any element of this Agreement is later held to violate the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in force. Enurement 43.0 This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and lawful assigns Applicable Law 44.0 This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. Page 181 of 336 Page 182 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE A: J.L. Scott McLean Memorial Legacy Fund Letter of Commitment Page 183 of 336 Page 184 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE B: CCDC14 Design-Build Stipulated Price Contract between J.L. Scott McLean Memorial Legacy Fund and PK Construction Inc. including a Project Summary with costs. Page 185 of 336 Page 186 of 336 Page 187 of 336 Page 188 of 336 Page 189 of 336 Page 190 of 336 Page 191 of 336 Page 192 of 336 Page 193 of 336 Page 194 of 336 Page 195 of 336 Page 196 of 336 Page 197 of 336 Page 198 of 336 Page 199 of 336 Page 200 of 336 Page 201 of 336 Page 202 of 336 Page 203 of 336 Page 204 of 336 Page 205 of 336 Page 206 of 336 Page 207 of 336 Page 208 of 336 Page 209 of 336 Page 210 of 336 Page 211 of 336 Page 212 of 336 Page 213 of 336 Page 214 of 336 Page 215 of 336 Page 216 of 336 Page 217 of 336 Page 218 of 336 Page 219 of 336 Page 220 of 336 Page 221 of 336 Page 222 of 336 Page 223 of 336 Page 224 of 336 Page 225 of 336 Page 226 of 336 Page 227 of 336 Page 228 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE C: Parcel Register for Memorial Park Page 229 of 336 Oxford County Multi-Part Property Report This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 07/11/2018 320401001056500AROLL: 111918.25394020Total ROLL Area (sq m): *Multi-partPIN:000270632 Total PIN Area (sq m):139382.71726510 Page 230 of 336 IN2 ROLL Details NameSource Zoning: PIN Details BuiltStatus Inst# Legal/Lot Description Structure Details Description Municipality:TILLSONBURG Property Details Code PIN: AROLL: 320401001056500 Zoning Area:111918.253940202 Gross Area (sq.m) Property Owners 45 HARDY AVE TILLSONBURG EXHIBITION GROUNDS/FAIR GROUNDSProperty Use: THE CORPORATION OF THE TOWN OF TILLSONBURG 300456Registered THE CORPORATION OF THE TOWN OF TILLSONBURG 62672Registered THE CORPORATION OF THE TOWN OF TILLSONBURG TB14563Registered THE CORPORATION OF THE TOWN OF TILLSONBURG TB14564Registered THE MUNICIPAL CORPORATION OF THE TOWN OF TILLSONBURG TB13474Registered THE MUNICIPAL CORPORATION OF THE TOWN OF TILLSONBURG TB3934Registered TILLSONBURG TRI-COUNTY AGRICULTURAL SOCIETY 201138Registered TILLSONBURG TOWN n/aAssessed Registry LT 121, 541, 545Q, 545R, 564 PL 500; PT LT 122-123 PL 500; TILLSONBURG Assessment PLAN 500 LOT 122 TYPE I BARN - TRADITIONAL 2-STOREY BANK BARNCurrent 201 1960 501.119 TYPE I BARN - TRADITIONAL 2-STOREY BANK BARNCurrent 201 1965 466.745 Oxford County Property Report This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Page 231 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE D: Operating Principles Page 232 of 336 - 1 - J.L. SCOTT McLEAN OUTDOOR RECREATION PAD OPERATING PRINCIPLES WHEREAS, the J.L. Scott McLean Legacy Fund and the Town of Tillsonburg wish for the outdoor pad to be the property of the Town and available for use by the public at the discretion of the Town; The Town and the Legacy agree to the Operating Principles as set out in this Schedule D to the Permission to Access and Modify Town Lands Agreement. Vision 1.0 The Vision for the Outdoor Recreation Pad is to have a fully operational 60' x 120' outdoor ice rink that would be refrigerated ice for part of the year, and a street hockey rink with three basketball courts with varying sized nets that could be used outdoors the remainder of the year. 2.0 The purpose of this recreational pad is to provide a place for friends and family to enjoy recreational time together at no cost. It will be a FREE-to-use facility available to all ages. Joint Responsibilities 3.0 The Town and the Legacy will arrange biennial meetings or at the request of either party to review these operating principles. Town Responsibilities 4.0 The Town will be responsible for funding all operating costs of the Outdoor Pad; 5.0 The Town will be responsible for funding the capital replacement costs of the Outdoor Pad and amenities as part of the Town’s asset management program; 6.0 The Town will be responsible for ensuring the Outdoor Pad and amenities are maintained in a safe and appropriate condition; 7.0 The Town will operate the pad such that usage is generally on a drop-in basis with some accommodation for separating various age groups and user activities. Enforcement of this separation will Page 233 of 336 - 2 - depend on the honour system and will not actively be monitored by Town staff; 8.0 From time to time, the Town may allow the Outdoor Pad to be used for special event purposes that are in alignment with the vision. Legacy Responsibilities 9.0 The Legacy will consider fundraising to augment the Outdoor Recreation Pad in the future, in consultation with the Town. Term of Agreement 10.0 These Operating Principles shall be in place for as long as the Town deems them to be appropriate and the Legacy continues to exist as a legal entity and in any case for a period not less than ten (10) years. Page 234 of 336 Report Title Resurfacing the TCC’s Emergency Route and Snow Melt Area Report No. RCP 18-35 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date November 12, 2018 Attachments  Diagram of area needing resurfacing Page 1 / 2 Resurfacing the TCC’s Emergency Route and Snow Melt Area RECOMMENDATION THAT Council receives Report RCP 18-35 – Resurfacing the TCC’s Emergency Route and Snow Melt Area; AND THAT Council authorize the resurfacing to base-course asphalt of the emergency route and snow melt area and installation of removable bollards east of the Tillsonburg Community Centre at the quoted price of $49,005 before taxes; AND THAT the funds come from the Tax Rate Stabilization Reserve. EXECUTIVE SUMMARY The emergency route and snow melt area adjacent to the outdoor recreation pad currently under construction must be re-established to asphalt prior to the winter setting in. If this is not done, the dirt left uncovered will compromise the TCC’s indoor ice surfaces and the outdoor pad will not be able to be accessed by the ice resurfacer. The general contractor hired by the J.L. Scott McLean Legacy Fund to construct the pad has secured quotes for the preparation and resurfacing and staff recommends authorizing the work to be done. BACKGROUND The J.L. Scott McLean Outdoor Recreation Pad is under construction and due for completion in early December, 2019. The area surrounding the pad has been impacted by the construction. In particular, the emergency access route between the pad and the building, and the snow melt area south of the pad must be surfaced by asphalt prior to the winter and prior to the pad being able to be used. If the surface is not asphalt, the ice resurfacer will not be able to access the pad because it will pick up dirt and mud which will compromise not only the outdoor pad but also the indoor pads. When the site plan was approved, these spaces were identified as being the Town’s responsibility to take care of. The attached diagram illustrates the areas. Staff asked the general contractor working on the project to secure pricing to do the work to get the base lift of asphalt in the Town’s areas in alignment with the asphalt work they must have done in the areas they are responsible for. The pricing has been provided and reviewed by Town staff as appropriate to the work and timing. Staff recommends that Council authorizes the work to be done in concert with the pad construction. Page 235 of 336 Page 2 / 2 Resurfacing the TCC’s Emergency Route and Snow Melt Area Summary of costs Asphalt removal, base preparation: $30,505 Base lift of asphalt: $18,500 TOTAL: $49,005 The final lift of asphalt and the concrete curbing to define the edges of the asphalt areas will be brought forward to Council as part of the 2019 budget process, as well as the enhanced parking area north of the outdoor pad. FINANCIAL IMPACT/FUNDING SOURCE There is no funding allocation in the 2018 budget that has been approved for the outdoor recreation pad project. Therefore, funding the cost of $49,005 plus non-recoverable HST from the Tax Rate Stabilization Reserve is the recommended approach. Alternatively, Council could authorize placement of debt to complete the work, in concert with other parking enhancements at the Community Centre which may be incorporated into future budgets and work plans. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This issue paper provides information in alignment with the following Objectives of the Community Strategic Plan:  Objective 1 – Excellence in Local Government  Objective 2 – Sustainable Economy  Objective 4 – Culture & Community Page 236 of 336 Page 237 of 336 Page 238 of 336 Tillsonburg Horticultural Society 2018 Winter Urn Beautification Program All businesses and retailers are invited to purchase a winter urn. The cost per urn is$30.00 BUT for the first 50 planters ordered the cost is $25.00 because the Tillsonburg Horticultural Society will be giving you a $5.00 discount  Payment can be made by cash, debit credit or cheque (payable to at Tillsonburg Garden Gate Ltd.) 167 Simcoe St.  Drop off the form and payment to Tillsonburg Garden Gate Ltd. before Friday, October 26, 2018.  Delivery of your festive urn will take place before the Down Home Christmas weekend November 24th and 25th  Please note that urns will not be exactly as seen above; the pictures are an example of winter urns.  Old Urns will be replaced with new urns. Custom sizes are available if you have your own urn. ****For more information, questions please contact**** Christine Nagy - 519-688-9582 or lonewind@execulink.com or Kathy McCormick -519-403-4035 or k.mccor7013@gmail.com Watch for details about our 4-season Beautification Program in 2019! ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tillsonburg Horticultural Society Commercial Urn Beautification Project Order Form Name of Business: # of Planters: Contact Name: Telephone number: Email: Cheque/cash amount: Address: Custom Size (diameter: # of inserts: Page 239 of 336 Tillsonburg Horticultural Society Report to the BIA Background: • Established in 1982 Mission Statement: • Beautification Through Education and Experience Membership: • Adult: 238 • Youth: 297 • Total: 535 2019 Beautification Plans: • Continue with Broadway St. planters with the generous financial contributions from various service clubs and Tillsonburg Garden Gate Ltd. • Continue with the planting, nurturing and maintenance of public gardens: • Annandale National Historic Site • Bert Newman Park • Library Lane • Royal Canadian Legion • Senior Centre Gardens • Station Arts Centre For the above listed gardens, our Society has established a very nice partnership with the town’s Parks & Rec Department. They do the heavy work; i.e. digging out dead or invasive plants and spreading mulch. With an “aged” membership, we are not in a position to tackle more areas. 2019 Plan with the BIA • Introduce a 4-Season Commercial Beautification Program for $125.00 all in. A planter will be delivered to a business and the previous planter will be removed. • Delivery dates will be determined primarily by the weather or town activities such as the “Down Home Country Christmas”. • The Tillsonburg Horticultural Society will underwrite the cost of the 4-Season program which will be determined at our November budget meeting. Page 240 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES of September 5, 2018 Approved October 3, 2018 Members in attendance: Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, David Hayes and John Scholten Staff in attendance: J. Maxwell, B. Colman, B. Hodi and D. McLachlan Regrets: Leroy Bartlett, Craig Grice and Noel Haydt The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, September 5, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-137/18 moved: W. Casier seconded: R. Geysens THAT the LPRCA Board of Directors add “Insurance” under In-Camera as item 11 (d) to the September 5, 2018 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-138/18 moved: D. Brunton seconded: R. Chambers THAT the minutes of the LPRCA Board of Directors Regular Meeting held July 4, 2018 be adopted as circulated. CARRIED MOTION A-139/18 moved: D. Brunton seconded: D. Hayes THAT the minutes of the LPRCA Board of Directors Conference Call held August 14, 2018 be adopted as circulated. CARRIED Page 241 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 2 - BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE MOTION A-140/18 moved: W. Casier seconded: D. Hayes THAT the correspondence outlined in the Board of Directors Agenda of September 5, 2018 be received as information. CARRIED DEVELOPMENT APPLICATIONS MOTION A-141/18 moved: R. Geysens seconded: W. Casier THAT the LPRCA Board of Director’s does now sit as a Hearing Board. CARRIED a) Hearing LPRCA – 115/18 – Susan Belair The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Ms. Susan Belair, Mr. Sam Bunting, home designer, and Mr. Paul Careswell then proceeded to present the staff report. This application was received June 22, 2018 to construct a new vacation home. The area requested for the construction is in the Lake Erie shoreline flood hazard and is contrary to the LPRCA shoreline policies. The construction of the structure affects the control of flooding in the flood hazard area and does not have safe access/egress for evacuation or emergency assistance. Therefore, staff recommended refusal. Mr. Bunting spoke on behalf of Ms. Belair stated through research it was discovered Lot 116 was an original lot of subdivision from 1935. Staff and the proponent responded to questions from the Board. There were no further comments or questions. The Board moved into a closed session to discuss the matter further. Page 242 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 3 - MOTION A-142/18 moved: J. Scholten seconded: R. Geysens THAT the LPRCA Hearing Board does now enter into a closed session to discuss:  advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED MOTION A-143/18 moved: D. Brunton seconded: R. Chambers THAT the LPRCA Hearing Board does now adjourn from the closed session. CARRIED Ms. Belair was advised that application LPRCA-115/18 was approved. b) Hearing LPRCA – 108/18 – Jacob Kolomaya The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Mr. Jacob Kolomaya, Mr. Ryan Elliott, Engineer and Mr. Nathan Kolomaya, agent of the applicant, and then proceeded to present the staff report. This application was received August 13, 2018 to demolish and construct a residential dwelling in the Lake Erie shoreline erosion hazard on Brown Street and is contrary to the LPRCA policies and standards. The construction of the structure affects the control of erosion increasing the potential for damage from slope instability and erosion. Therefore, staff recommended refusal. Mr. Nathan Kolomaya spoke on behalf of the applicant providing background information regarding the process that had begun in 2017and Mr. Elliott spoke to the erosion hazard. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further questions. The Board moved into a closed session to discuss the matter further. MOTION A-144/18 moved: R. Geysens seconded: D. Brunton THAT the LPRCA Hearing Board does now enter into a closed session to discuss:  advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED Page 243 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 4 - MOTION A-145/18 moved: D. Beres seconded: W. Casier THAT the LPRCA Hearing Board does now adjourn from the closed session. CARRIED Mr. Kolomaya was advised that application LPRCA-108/18 was approved. MOTION A-146/18 moved: W. Casier seconded: D. Brunton THAT the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED c) Staff Approved applications Staff approved 32 applications since the last meeting. LPRCA-107/18, LPRCA-118/18, LPRCA-120/18, LPRCA-121/18, LPRCA-122/18, LPRCA-127/18, LPRCA-128/18, LPRCA-129/18, LPRCA-130/18, LPRCA-132/18, LPRCA-133/18, LPRCA-134/18, LPRCA-135/18, LPRCA-137/18, LPRCA-140/18, LPRCA-141/18, LPRCA- 142/18, LPRCA-143/18, LPRCA-144/18, LPRCA-145/18, LPRCA-147/18, LPRCA-148/18, LPRCA-149/18, LPRCA-150/18, LPRCA-151/18, LPRCA-152/18, LPRCA-153/18, LPRCA-157/18, LPRCA-159/18, LPRCA-163/18, LPRCA-164/18 and LPRCA-165/18. The proposed work undertaken for application LPRCA/107/18 is for a 1200 ft2 garage. MOTION A-147/18 moved: R. Geysens seconded: D. Brunton That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED d) New applications The Planning Department recommended approval for one application. MOTION A-148/18 moved: R. Chambers seconded: D. Hayes THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 188/06), . LPRCA-138/18 Page 244 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 5 - B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED NEW BUSINESS a) GENERAL MANAGER’S REPORT The GM reviewed the current staffing situation regarding filling vacant positions. Staff is still negotiating with the Nature Conservancy of Canada (NCC) for access to the Rowan Mills Conservation Area for harvesting. MOTION A-149/18 moved: W. Casier seconded: R. Geysens THAT the LPRCA Board of Directors receives the General Manager’s Report for July and August 2018 as information. CARRIED b) 2ND QUARTER FINANCIAL REPORT Expenditures have been tracking to budget and although camping revenue shows behind to the end of June, it has jumped in July and August. There has been very positive feedback concerning the extended season at Deer Creek. Outstanding capital projects were discussed. MOTION A-150/18 moved: R. Geysens seconded: D. Brunton THAT the LPRCA Board of Directors receives the Budget Performance Report as at June 30th, 2018 as information. CARRIED c) A.D. LATORNELL CONFERENCE Staff has reserved four rooms for the conference for those interested in attending. MOTION A-151/18 moved: D. Brunton seconded: W. Casier THAT the LPRCA Board of Directors approves the attendance of the General Manager and Doug Brunton for the 25th Annual A.D. Latornell Conference. Board members to advise by the morning of September 11, 2018 of their interest. CARRIED Page 245 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 6 - d) LPRCA PARKS UPDATE Staff reported that the season has been going well although not without its challenges in terms of the weather. Revenues have been steady or very slightly up from last year. The water supply at Norfolk CA is improving but progress is still ongoing. Dead ash trees continue to be a problem and will be dealt with as required. MOTION A-152/18 moved: W. Casier seconded: R. Geysens THAT the LPRCA Board of Directors receives the Parks Update report as information. CARRIED e) WATERFORD NORTH CA PROPOSAL There have been numerous attempts to bring hydro into Waterford North but there have been many challenges. With input from Hydro One, the most logical entry would be from the northwest side of the park. To facilitate the installation of the hydro and water lines as well as remove the many dead ash, staff recommended the most cost effective method would be to remove all trailers over a multi-phased project. A letter will be drafted and sent to campers that are affected by Phase 1. MOTION A-153/18 moved: D. Hayes seconded: R. Chambers THAT the LPRCA Board of Directors instructs staff to contact affected seasonal campers on sites 1 through 41 to remove their trailers from Waterford North Conservation by October 26, 2018 to allow LPRCA to commence Phase 1 of the water and electrical upgrades to the park. CARRIED f) GYPSY MOTH REPORT The gypsy moth populations have been building over the last couple of years and heavy defoliation is expected in the coming years. In cooperation with Norfolk County and local woodlot owners, a spray program is expected by 2020. MOTION A-154/18 moved: W. Casier seconded: D. Brunton THAT the LPRCA Board of Directors receives the Gypsy Moth report as information. CARRIED Page 246 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 7 - g) PRESCRIPTION/OPERATING PLAN – SMITH TRACT The Prescription/Operating Plan was presented for the Smith Tract. The property consists of 50 acres that will be marked and tendered by the end of October. MOTION A-155/18 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors receives the Gypsy Moth report as information. CARRIED h) NEW ADMINISTRATIVE BY-LAW The draft Long Point Region Conservation Authority Administrative By-Law presented addresses the requirements specified in the new Conservation Authorities Act. Staff reviewed the changes and noted that it will now be a stand-alone document and no longer part of the LPRCA Personnel Policy. Requested amendments included a suspension of rules clause and a change in the wording to vote abstention. MOTION A-156/18 moved: D. Hayes seconded: W. Casier THAT the LPRCA Board of Directors repeal the LPRCA Personnel Policy approved December 20th, 2017; AND THAT the LPRCA Board of Directors adopts the new LPRCA Administrative By- Law as amended; AND THAT the LPRCA Board of Directors adopts the LPRCA Personnel Policy. CARRIED MOTION A-157/18 moved: W. Casier seconded: R. Geysens THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  the security of the property of the Conservation Authority;  advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED MOTION A-158/18 moved: W. Casier seconded: R. Chambers THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED Page 247 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 8 - The Chair adjourned the meeting at 9:40pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 248 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES of October 3, 2018 Approved November 7, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and John Scholten Staff in attendance: J. Maxwell, B. Colman, L. Minshall and D. McLachlan Regrets: Robert Chambers and Craig Grice The LPRCA Chair called the meeting to order at 5:35 pm Wednesday, October 3, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-163/18 moved: D. Hayes seconded: D. Brunton THAT the minutes of the LPRCA Board of Directors Regular Meeting held September 5, 2018 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES a) Backus Museum Committee Staff will provide details of the Window Project at the Backus Homestead later in the meeting. Page 249 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 2 - MOTION A-164/18 moved: R. Geysens seconded: J. Scholten THAT the minutes from the Backus Museum Committee meeting of September 11, 2018 be received as information. CARRIED CORRESPONDENCE MOTION A-165/18 moved: R. Geysens seconded: L. Bartlett THAT the correspondence outlined in the Board of Directors Agenda of October 3, 2018 be received as information. CARRIED NEW BUSINESS a) 2018 CHRISTMAS OPERATING SCHEDULE Traditionally, LPRCA has closed down operations (except for emergency response) over the Christmas-New Year’s period. Staff proposed a similar process for 2018. The Board has traditionally granted a complimentary day off with pay for those staff working that time of year and LPRCA staff will be required to utilize three vacation days for this shutdown period or take time off without pay. MOTION A-166/18 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Board of Directors closes operations (except for emergency response) from December 24/18 to January 1/19 inclusive, and THAT staff working at that time be granted one complimentary day off with pay; and THAT staff be required to utilize three (3) vacation days during the closure period or take unpaid leave - along with three statutory holidays. CARRIED b) BACKHOUSE HISTORIC SITE (BHCA) HOMESTEAD WINDOW RESTORATION There are 19 storm windows in need of replacement on the homestead and there is only one company in the area able to complete the custom woodwork required. Ground floor installation may be completed by staff but the second floor requires professional installation. The total project cost will exceed the budget and staff requested that donated funds be used to make up the shortfall. MOTION A-167/18 moved: W. Casier seconded: N. Haydt THAT the LPRCA Board of Directors waives the purchasing and tendering policy and approves the use of the services of Classic Wood for the Backhouse Homestead window restoration project as outlined in the staff report of September 25th, 2018. Page 250 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 3 - AND the LPRCA Board of Directors approves the use of deferred donated funds in the amount of $4,475.36 for the Backhouse Homestead window restoration project to cover the budget estimate shortfall. CARRIED c) PROPOSED CHANGES TO LPRCA SEASONAL AGREEMENT Staff review the park rules on an annual basis and has made thirteen recommendations for the 2019 season as detailed in the report. MOTION A-168/18 moved: D. Hayes seconded: R. Geysens THAT the LPRCA Board of Directors supports the changes to the Seasonal Handbook as recommended. CARRIED John Sholten left the meeting. DEVELOPMENT APPLICATIONS MOTION A-169/18 moved: W. Casier seconded: R. Geysens THAT the LPRCA Board of Director’s does now sit as a Hearing Board. CARRIED The roll was called to conduct the following Hearings under Section 28.1(5) of the Conservation Authorities Act. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. a) Hearing LPRCA – 177/18 – Gary and Mary Weber Staff introduced Ms. Weber and presented the staff report. Staff became aware of unauthorized construction of a deck on May 18, 2018. This application was received August 3, 2018 to recognize the construction of a 48m2 deck. The area requested for the construction is in the Lake Erie flood hazard and dynamic beach hazard and is contrary to the LPRCA policies for the administration of O. Reg. 178/06 along the Lake Erie shoreline. The construction of the structure would result in increased property damage due to flooding and the forces of wave action, and also, affects the control of flooding and interferes with dynamic beach processes. Therefore, staff recommended refusal. Ms. Weber bought the property in 2014. She noted that the deck was started at least seven years ago and was built to make the rental property safer as the existing cement deck, poured in stages starting in 1986, had no railings and the base was sloping. Page 251 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 4 - Staff and the proponent responded to questions from the Board. There were no other interested parties and no further discussion. The Board moved into a closed session to discuss the matter further. MOTION A-170/18 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Hearing Board does now enter into a closed session to discuss:  advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED MOTION A-171/18 moved: W. Casier seconded: N. Haydt THAT the LPRCA Hearing Board does now adjourn from the closed session. CARRIED Ms. Weber was advised that application LPRCA-177/18 was approved. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. b) Hearing LPRCA – 194/18 – Danielle Pierce Staff introduced Ms. Pierce and Mr. Richard Zelinka, agent for the applicant and then presented the staff report. This application was received September 20, 2018 and included a conceptual site plan to build a new vacation home to facilitate sale of the property. The area requested for the construction is in the Lake Erie shoreline flood hazard and is contrary to the LPRCA policies for administration of O. Reg. 178/06. The control of flooding is affected by development in Long Point. Therefore, staff recommended refusal. Mr. Zelinka spoke on behalf of the applicant providing the history of the property noting that the original building had been demolished by the previous owner in 2007 with the intention to rebuild. The previous owner had received a building permit from Norfolk County in 2009 but never proceeded and the new owner took possession in 2011. Mr. Zelinka considered this to be a rebuild which would be permitted. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further questions. The Board discussed the next steps required for the applicant and then passed the following resolution Page 252 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 5 - MOTION A-172/18 moved: D. Brunton seconded: D. Beres THAT the Board of Directors approves Permit Application 194/18 (Danielle Pierce) conditional on detailed plans and drawings showing to LPRCA’s satisfaction that the LPRCA floodproofing standards and requirements have been met. CARRIED MOTION A-173/18 moved: N. Haydt seconded: L. Bartlett THAT the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED c) Staff Approved applications Staff approved 18 applications since the last meeting. LPRCA-124/18, LPRCA-146/18, LPRCA-158/18, LPRCA-160/18, LPRCA-166/18, LPRCA-167/18, LPRCA-170/18, LPRCA-171/18, LPRCA-172/18, LPRCA-175/18, LPRCA-176/18, LPRCA- 185/18, LPRCA-186/18, LPRCA-187/18, LPRCA-188/18, LPRCA-189/18, LPRCA-190/18 and LPRCA-191/18. It was noted that Application LPRCA-160/18 is located in Port Dover. MOTION A-174/18 moved: D. Hayes seconded: N. Haydt That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED d) New applications The Planning Department recommended approval for two applications. MOTION A-175/18 moved: R. Geysens seconded: W. Casier THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 188/06), . LPRCA-174/18 LPRCA-201/18 Page 253 of 336 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 6 - B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED The Chair adjourned the meeting at 7:55pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 254 of 336 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4232 BEING A BY-LAW to enter into an Airport Hanger Land Lease Agreement with George Gilvesy. WHEREAS the Town of Tillsonburg is desirous of entering into an Airport Hanger Land Lease Agreement with George Gilvesy for a 1,600 square foot hanger known as Hanger C6 at the Tillsonburg Regional Airport. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the lease agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease agreement on behalf of the Corporation of the Town of Tillsonburg. 3. THAT this By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF November, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF November, 2018. _____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 255 of 336 Page 256 of 336 Page 257 of 336 Page 258 of 336 Page 259 of 336 Page 260 of 336 Page 261 of 336 Page 262 of 336 Page 263 of 336 Page 264 of 336 Page 265 of 336 Page 266 of 336 Page 267 of 336 Page 268 of 336 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4231 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 7.5.16 to By-law Number 3295, as amended, is hereby further amended by replacing Section 7.5.16 with the following: “7.5.16 LOCATION: HARVEST AVENUE, BLOCKS 6, 7 9, PLAN 41M-272 R2-16 (H) (Key Map 31) 7.5.16.1 Notwithstanding any provisions of this By-Law, no person shall within any R2-16 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 7.1; A street fronting townhouse dwelling, subject to the provisions of Section 8.2. 7.5.16.2 Notwithstanding any provisions of this By-Law, no person shall within any R2-16 Zone use any lot, or erect, alter, or use any building or structure for a street fronting townhouse dwelling or a semi-detached dwelling except in accordance with the following provisions: 7.5.16.2.1. INTERIOR SIDE YARD WIDTH FOR END UNITS Minimum 1.2 m (3.9 ft) 7.5.16.2.2 PERMITTED PROJECTIONS INTO REQUIRED YARDS Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks may project 3.0 m (9.8 ft) into the required rear yard, and may have a minimum setback between the projection and rear lot line of 7.0 m (23 ft). 7.5.16.2.3 LOT FRONTAGE FOR SEMI-DETACHED DWELLING Minimum 9 m (29.5 ft) 7.5.16.2.4 LOT FRONTAGE FOR A STREET FRONTING TOWNHOUSE Page 269 of 336 The Corporation of the Town of Tillsonburg By-law Number 4231 Page 2 Minimum 7.5 m (24.6 ft) 7.5.16.2.5 LOT FRONTAGE FOR A STREET FRONTING TOWNHOUSE, CORNER LOT Minimum 7 m (22.9 ft) 7.5.16.2.6 LOT FRONTAGE FOR A STREET FRONTING TOWNHOUSE, END UNIT Minimum 7.5 m (24.6 ft) 7.5.16.2.7 FRONT YARD DEPTH FOR A SEMI-DETACHED DWELLING Minimum Depth 6 m (16.7 ft) 7.5.16.2.8 EXTERIOR SIDE YARD FOR A SEMI-DETACHED DWELLING AND STREET FRONTING TOWNHOUSE Minimum Width 6 m (16.7 ft) 7.5.16.2.9 That all other provisions for street fronting townhouse dwellings in the R3 zone in Section 8.2 of this By-Law shall apply. 7.5.16.3 HOLDING ZONE PROVISIONS 7.5.16.3.1 PERMITTED USES WHILE HOLDING ZONE IS IN PLACE None 7.5.16.3.2 REMOVAL OF THE HOLDING ZONE The Holding Zone, as identified by the “(H)” symbol, shall not be removed from the subject lands until appropriate development agreements have been executed regarding the construction and extension of Harvest Avenue and the recommendations of the Noise and Vibration Study have been implemented, to the satisfaction of the Town. Removal of the Holding Zone shall be undertaken in accordance with Section 36 of the Planning Act. 7.5.16.4 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply; and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” Page 270 of 336 The Corporation of the Town of Tillsonburg By-law Number 4231 Page 3 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 12th day of November, 2018. READ a third time and finally passed this 12th day of November, 2018. Mayor – Stephen Molnar Town Clerk – Donna Wilson Page 271 of 336 ZN7-18-10 TOWN OF TILLSONBURG BY-LAW NUMBER 4231 EXPLANATORY NOTE The purpose of By-law Number 4231 is to implement several site specific development provisions of the ‘R2-16H’ zone. Specifically the proposed amendments will allow for a reduction to the minimum required lot frontage for semi-detached dwellings and street fronting townhouses (for both end units and corner lots) and allow for a reduction to the minimum front yard depth and exterior side yard width. The holding provisions affecting the lands will continue to apply and may be removed once appropriate development agreements have been executed between the applicant and the Town of Tillsonburg respecting the extension of Harvest Avenue and the incorporation of the recommendations of a Noise and Vibration Study prepared by HGC Engineering Limited. The subject properties are legally described as Blocks 6, 7, 9 of Plan 41M-272, Town of Tillsonburg. The blocks front on Harvest Avenue, and are located south of Potters Road and east of the Ontario Southland Railway, north of Simcoe Street. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4231. The public hearing was held on November 12, 2018. No Public input was received for this application. Any person wishing further information relative to Zoning By-Law Number 4231 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-18-10 (2385667 Ontario Ltd.) Report No: 2018-317 Page 272 of 336 POTTERS RDHIGHLAND DRHILLSIDED R LORRAI NEAVE HA RVE S T A V E WESTTOWN LINEHIL L Y N D A L E R D BIRCHDR CANADIANP ACI FICRAILWAYKEY MAP LANDS TO WHICH BYLAW 4231 APPLIES © 50 0 50 100 15025 METRES Page 273 of 336 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4235 BEING A BY-LAW to enter into a Permission to Access and Modify Town Lands Agreement with The J.L. Scott McLean Memorial Legacy Fund. WHEREAS the Town of Tillsonburg is desirous of entering into a Permission to Access and Modify Town Lands Agreement with The J.L. Scott McLean Memorial Legacy Fund, a non-profit trust established under the laws of Ontario, and with offices c/o Box 307, Tillsonburg, ON N4G 4H5. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. 3. THAT this By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF November, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF November, 2018. _____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 274 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT THIS AGREEMENT is made the __13_______ day of__November______, 2018_____ BETWEEN: The Corporation of the Town of Tillsonburg, a municipal corporation incorporated under the laws of Ontario, and with offices at 204-200 Broadway, Tillsonburg, Ontario N4G 5A7 (the “Town”) OF THE FIRST PART AND: The J.L. Scott McLean Memorial Legacy Fund, a non-profit trust established under the laws of Ontario, and with offices c/o Box 307, Tillsonburg, ON N4G 4H5 (the “Legacy”) OF THE SECOND PART WHEREAS, the Legacy wishes to construct an outdoor recreation pad in Memorial Park, Tillsonburg; WHEREAS, the Legacy has raised the funds necessary for the construction of the proposed outdoor recreation pad; WHEREAS, the Town wishes to permit the construction of the outdoor recreation pad at Memorial Park; WHEREAS, the Legacy and Town wish for the outdoor recreation pad to be the property of the Town and available for use by the public at the discretion of the Town; NOW THEREFORE, in consideration of the terms and conditions described below and the sum of $1.00 paid by each party to the other party, the Page 275 of 336 - 2 - sufficiency and receipt of which is hereby acknowledged, the Town and the Legacy agree as follows: Definitions 1.0 “Consultant” means a licensed engineer or architect engaged by the Legacy to act as the consultant on the Project. “Project” means the construction of the proposed J.L. Scott McLean Memorial outdoor recreation pad and basketball facility, with all attendant facilities including, but not limited to, the refrigeration plant capable of maintaining a viable ice surface. “Subject Lands” means that property owned by the Town of Tillsonburg on which the Project is being constructed. Schedules 2.0 The following schedules are attached to this Agreement and form part of the Agreement: Schedule A: J.L. Scott McLean Memorial Legacy Fund Letter of Commitment Schedule B: CCDC14 Design-Build Stipulated Price Contract between J.L. Scott McLean Memorial Legacy Fund and PK Construction Inc. including a Project Summary with costs. Schedule C: Parcel Register for Memorial Park Schedule D: J.L. Scott McLean Outdoor Pad Operating Principles Access to Town Lands 3.0 The Town grants to the Legacy access, including the right to restrict the access of others (excluding the Town and its representatives), to that portion of Memorial Park on which it has proposed to build the Project, and further grants permission but does not require the Legacy to construct the Project, subject to approval of the plans (and any revisions to the plans) for the Project by the Town. 4.0 Any construction which does occur upon the Subject Lands by the Legacy shall be done by a general contractor qualified to carry out such construction. 5.0 At the conclusion of this Agreement, the right of access to the Legacy shall expire and the Town shall be permitted to allow access to the Page 276 of 336 - 3 - Subject Lands and use of the Project facilities as it deems appropriate. All future maintenance and discretion for use of the Project shall be at the sole responsibility and discretion of the Town, subject to the Operating Principles Agreement (Schedule D). 6.0 At all times the Subject Lands shall remain the property of the Town of Tillsonburg. Nothing in this Agreement shall be construed to grant the Legacy a lease over those lands, nor shall it grant any right in land over the Subject Lands, in law or equity. 7.0 Any fixture which is attached to the area over which the Legacy has access shall immediately become the property of the Town at the time it is affixed to the land owned by the Town. 8.0 The Town has the express power to terminate this Agreement at any time, regardless of the status of the Project, and assume, if it should so desire, the obligations of completing the Project, or not, in its sole and absolute discretion. Term of Agreement 9.0 The access described in Article 3.0 shall extend for as long as the Town deems it to be appropriate in its sole and absolute discretion and in any case for a period not to exceed three (3) years. No Assignment by Legacy 10.0 The right to access to the lands subject to this Agreement may not be transferred by the Legacy to any party without the express written permission of the Town. Assignment of the Construction Contract 11.0 Any contract for the construction of the Project to which the Legacy is a party shall contain a provision permitting the Legacy to assign its rights and interest in such a contract to the Town. 12.0 At the direction of the Town, the Legacy shall assign the contract to construct the Project to the Town. Representations of the Legacy Page 277 of 336 - 4 - 13.0 The Legacy represents that it was established as described in the Legacy Agreement attached as Schedule A. The Legacy states that to further its established purpose it wishes to construct the Project in Memorial Park in Tillsonburg. 14.0 Funds required for this purpose have been raised by the Legacy from bequests and donations made to the Legacy by others wishing to support the objectives of the Legacy, as detailed in the construction cost estimate for the Project attached as Schedule B. 15.0 The Legacy is willing and able to construct the Project entirely from the resources it has raised to the specifications described in Schedule B. The Legacy does not require financing to complete the project and has issued a Letter of Commitment to the Town (Schedule A).. Representations of the Town 16.0 The Town represents that it holds good and valid title to the Subject Lands, municipally known as Memorial Park, free of all liens and encumbrances, as described in the parcel register attached as Schedule D. 17.0 The Town currently holds $385,214.46 in trust for the Legacy for the express stated purpose that it be used in the construction of the Project. Those funds will be released as set out below. Covenants of the Town 18.0 The Town covenants that it will pass all requisite resolutions to authorize the granting of access to the lands subject to this Agreement. Approval of the Project 19.0 All Plans and financing projections, including but not limited to those in Schedule B, are subject to approval by the Town before construction by the Legacy of the Project shall commence. 20.0 Any revision of the Project documents in Schedule B must be approved by the Town. 21.0 The Legacy shall at all times employ a Consultant who shall oversee and provide administration of the construction of the Project. Page 278 of 336 - 5 - Protection of Persons and Property 22.0 The Legacy covenants that it will maintain adequate security over those areas subject to this Agreement so as to prevent harm to members of the public. 23.0 The Legacy shall protect the Project and the Town’s property and any adjacent property to the Subject Lands from damage which may arise as the result of the Legacy’s operations under this Agreement, and shall be responsible for such damage. 24.0 Prior to the commencement of the Project the Legacy shall apply for and receive all necessary approvals including building permit and determining the location of all underground utilities. 25.0 Should the Legacy, in the construction of the Project, cause damage to the Subject Property or adjacent property, the Legacy shall be responsible for repairing such damage at its own expense. Release of Funds Held by Town in Trust 26.0 Applications for release of the funds held in trust by the Town for the Legacy shall only be made once those funds held directly by the Legacy have been expended in construction of the Project. 27.0 Applications for release of funds may be made monthly by the Legacy as the Project progresses. Each such application shall be supported by a payment certificate signed by the Consultant, which certificate shall set out the value of work completed to date and the estimated costs to complete the Project. 28.0 The Town shall at all times retain from the funds it holds in trust an amount no less than the statutory holdback plus the estimated amount to complete the Project. 29.0 In the event that the construction contract is assigned to the Town or the Town otherwise assumes construction of the Project, the Town is hereby authorized to use the funds it holds in trust to pay for the costs of construction. Page 279 of 336 - 6 - 30.0 The statutory holdback retained by the Town shall be released no earlier than 46 days following publication of a Certificate of Substantial Performance. Communication during Construction of the Project 31.0 All written communication between the Legacy and any party with whom the Legacy has contracted to construct the Project shall also be sent to a representative of the Town as nominated by the Town. Liens on Town Property 32.0 Should the Legacy become aware that a lien has been registered against any lands owned by the Town for any reason related to the Project the Legacy shall immediately inform the Town and take all necessary steps to have the lien removed at its own expense. 33.0 The Town may, at its discretion, use the funds it holds in trust for the Legacy to vacate or discharge any lien or to pay any lien claimant amounts claimed to be due. Financing and Bonding 34.0 Should the Legacy require financing to complete the Project, it will obtain the written permission of the Town before obtaining any financing. 35.0 The Legacy shall not, in the course of obtaining financing or for any other purpose, grant security over any of the lands to which it has access for the purpose of the Project. 36.0 The Legacy shall, at the request of the Town, furnish to the Town reasonable evidence that any financial arrangements made to complete the Project are in good standing. Indemnification 37.0 Except where otherwise prohibited by law, the Town is hereby indemnified and saved harmless out of the funds of the Legacy, from and against: Page 280 of 336 - 7 - a. all costs, charges and expenses whatsoever (including amounts paid to settle an action or to satisfy a judgment) that the Town sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against the Town, for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by the Legacy, including breach of this Agreement, in or about the execution of the terms of this Agreement; and, b. all other costs, charges and expenses that the Town sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by the wilful neglect or default of the Town or its lawful representatives. 38.0 The Legacy shall purchase and maintain insurance against any liability incurred by the Legacy, which insurance shall name the Town as a named insured. The obligation to obtain such insurance shall not limit in any way the Legacy’s obligation to indemnify the Town as set out herein. Such insurance shall have a maximum coverage of not less than $5,000,000. Hazardous Materials 39.0 The Legacy will not bring any hazardous materials to those areas subject to this Agreement without the express permission of the Town, and it shall in any case remain solely responsible for any damage which occurs as a result of the presence of any hazardous substance. 40.0 The Town may stipulate any reasonable condition for the transport and storage of any hazardous materials to, from or on the site of the Project. Dispute Resolution 41.0 All disputes under this Agreement shall be referred to an arbitrator in accordance with the Arbitration Act, 1991, S.O. 1991. The Town may elect, at its sole and absolute discretion, to waive this clause. Page 281 of 336 - 8 - Entire Agreement, Modifications, Headings, Severability 42.0 The parties acknowledge that this Agreement constitutes the entire Agreement between them and supersedes all prior representations, warranties, agreements, and understandings, oral or written, between the parties with respect to its subject matter. Unless stated otherwise in this Agreement, this Agreement may not be modified except in writing signed by both parties. The headings to this Agreement are for convenience and reference purposes only and shall not constitute a part of the Agreement. If any element of this Agreement is later held to violate the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in force. Enurement 43.0 This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and lawful assigns Applicable Law 44.0 This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. Page 282 of 336 Page 283 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE A: J.L. Scott McLean Memorial Legacy Fund Letter of Commitment Page 284 of 336 Page 285 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE B: CCDC14 Design-Build Stipulated Price Contract between J.L. Scott McLean Memorial Legacy Fund and PK Construction Inc. including a Project Summary with costs. Page 286 of 336 Page 287 of 336 Page 288 of 336 Page 289 of 336 Page 290 of 336 Page 291 of 336 Page 292 of 336 Page 293 of 336 Page 294 of 336 Page 295 of 336 Page 296 of 336 Page 297 of 336 Page 298 of 336 Page 299 of 336 Page 300 of 336 Page 301 of 336 Page 302 of 336 Page 303 of 336 Page 304 of 336 Page 305 of 336 Page 306 of 336 Page 307 of 336 Page 308 of 336 Page 309 of 336 Page 310 of 336 Page 311 of 336 Page 312 of 336 Page 313 of 336 Page 314 of 336 Page 315 of 336 Page 316 of 336 Page 317 of 336 Page 318 of 336 Page 319 of 336 Page 320 of 336 Page 321 of 336 Page 322 of 336 Page 323 of 336 Page 324 of 336 Page 325 of 336 Page 326 of 336 Page 327 of 336 Page 328 of 336 Page 329 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE C: Parcel Register for Memorial Park Page 330 of 336 Oxford County Multi-Part Property Report This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 07/11/2018 320401001056500AROLL: 111918.25394020Total ROLL Area (sq m): *Multi-partPIN:000270632 Total PIN Area (sq m):139382.71726510 Page 331 of 336 IN2 ROLL Details NameSource Zoning: PIN Details BuiltStatus Inst# Legal/Lot Description Structure Details Description Municipality:TILLSONBURG Property Details Code PIN: AROLL: 320401001056500 Zoning Area:111918.253940202 Gross Area (sq.m) Property Owners 45 HARDY AVE TILLSONBURG EXHIBITION GROUNDS/FAIR GROUNDSProperty Use: THE CORPORATION OF THE TOWN OF TILLSONBURG 300456Registered THE CORPORATION OF THE TOWN OF TILLSONBURG 62672Registered THE CORPORATION OF THE TOWN OF TILLSONBURG TB14563Registered THE CORPORATION OF THE TOWN OF TILLSONBURG TB14564Registered THE MUNICIPAL CORPORATION OF THE TOWN OF TILLSONBURG TB13474Registered THE MUNICIPAL CORPORATION OF THE TOWN OF TILLSONBURG TB3934Registered TILLSONBURG TRI-COUNTY AGRICULTURAL SOCIETY 201138Registered TILLSONBURG TOWN n/aAssessed Registry LT 121, 541, 545Q, 545R, 564 PL 500; PT LT 122-123 PL 500; TILLSONBURG Assessment PLAN 500 LOT 122 TYPE I BARN - TRADITIONAL 2-STOREY BANK BARNCurrent 201 1960 501.119 TYPE I BARN - TRADITIONAL 2-STOREY BANK BARNCurrent 201 1965 466.745 Oxford County Property Report This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Page 332 of 336 PERMISSION TO ACCESS AND MODIFY TOWN LANDS AGREEMENT SCHEDULE D: Operating Principles Page 333 of 336 - 1 - J.L. SCOTT McLEAN OUTDOOR RECREATION PAD OPERATING PRINCIPLES WHEREAS, the J.L. Scott McLean Legacy Fund and the Town of Tillsonburg wish for the outdoor pad to be the property of the Town and available for use by the public at the discretion of the Town; The Town and the Legacy agree to the Operating Principles as set out in this Schedule D to the Permission to Access and Modify Town Lands Agreement. Vision 1.0 The Vision for the Outdoor Recreation Pad is to have a fully operational 60' x 120' outdoor ice rink that would be refrigerated ice for part of the year, and a street hockey rink with three basketball courts with varying sized nets that could be used outdoors the remainder of the year. 2.0 The purpose of this recreational pad is to provide a place for friends and family to enjoy recreational time together at no cost. It will be a FREE-to-use facility available to all ages. Joint Responsibilities 3.0 The Town and the Legacy will arrange biennial meetings or at the request of either party to review these operating principles. Town Responsibilities 4.0 The Town will be responsible for funding all operating costs of the Outdoor Pad; 5.0 The Town will be responsible for funding the capital replacement costs of the Outdoor Pad and amenities as part of the Town’s asset management program; 6.0 The Town will be responsible for ensuring the Outdoor Pad and amenities are maintained in a safe and appropriate condition; 7.0 The Town will operate the pad such that usage is generally on a drop-in basis with some accommodation for separating various age groups and user activities. Enforcement of this separation will Page 334 of 336 - 2 - depend on the honour system and will not actively be monitored by Town staff; 8.0 From time to time, the Town may allow the Outdoor Pad to be used for special event purposes that are in alignment with the vision. Legacy Responsibilities 9.0 The Legacy will consider fundraising to augment the Outdoor Recreation Pad in the future, in consultation with the Town. Term of Agreement 10.0 These Operating Principles shall be in place for as long as the Town deems them to be appropriate and the Legacy continues to exist as a legal entity and in any case for a period not less than ten (10) years. Page 335 of 336 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4234 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12th day of November, 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 November 12th 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 12th DAY OF NOVEMBER, 2018. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF NOVEMBER, 2018. _____________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 336 of 336